[CC 1996 § 515.010; Ord. No. 156 § 1]
It shall be unlawful for any person, firm, voluntary
association or corporation to excavate, dig into, cut, break or otherwise
destroy or to burn any article, substance or thing on any paved, macadam,
asphalt, graveled or other surfaced street in the City of Salisbury,
Missouri, except as in this Chapter provided.
[CC 1996 § 515.020; Ord. No. 156 § 2; Ord.
No. 01-07-01 § 1, 7-12-2002]
Any person, firm, voluntary association, or
corporation desiring to make an excavation in and on any street in
the City of Salisbury, Missouri, before commencing such excavation,
shall obtain from the Superintendent of City Services of said City
a written permit so to do, which permit shall state the character,
location and purpose of the excavation to be made. Such permit to
excavate only to be issued for the purpose of making connections with
water mains, sewers, electric energy or for light purposes, telephone
or natural gas connections.
[CC 1996 § 515.030; Ord. No. 156 § 3; Ord.
No. 01-07-01 § 2,. 7-12-2002; Ord. No. 14-02-02 § 1, 2-13-2014]
A.
Other than for utility companies for which the City of Salisbury has an existing arrangement regarding cuts made to City streets and alleys, no permit pursuant to City Code Section 515.020 shall be issued by the Superintendent of City Services, or anyone acting on his or her behalf, until the applicant for permit, or someone on applicant's behalf, has deposited with the City Clerk the following sum, depending on the cut required:
1.
The sum of two hundred fifty dollars ($250.00)
for a permit to cut into the paved part of a paved City street or
into the paved part of a City alley; or
2.
The sum of one hundred dollars ($100.00) for
a permit to cut into the non-paved part of a City street, or into
a City-maintained non-paved City alley; or
3.
The sum of twenty-five dollars ($25.00) for
a permit to cut into a non-paved City alley which is not maintained
by the City.
B.
After a cut is made pursuant to valid permit, it shall
be unlawful for the applicant, permit holder or anyone acting on the
permit holder or applicant's behalf to restore or attempt to restore
the street or alley which was cut. Upon adequate notice to the City
of the time of the cut, the City of Salisbury shall furnish the material,
labor and supervision to restore the street or alley. However, the
permit holder shall be liable for the cost and/or reasonable value
of the materials used in the repair of the street or alley, including
needed proper fill, backfill, and topping to restore the street or
alley to as nearly original condition as reasonably possible.
C.
The permit holder shall reimburse the City for all
such costs and expenditures for materials within thirty (30) days
after presentation of the City's bill to the permit holder, and if
the bill is not timely paid in full, interest until paid shall accumulate
at the legal rate of nine percent (9%) per annum on the unpaid balance
due. If it becomes necessary to hire an attorney to collect the amount
owed to the City, the City shall be further entitled to court costs
and expenses of litigation, together with the City's reasonable attorney's
fees.
[CC 1996 § 515.130; Ord. No. 383 § 1, 5-8-1980]
A.
The City of Salisbury, Missouri, shall be solely responsible
for maintaining all alleys presently existing within the corporate
City limits of said City of Salisbury, Missouri, including grading,
graveling and otherwise repairing and maintaining same, except as
follows:
1.
In the event any presently existing alley has
never been maintained by the application of gravel and rock to same,
then it shall be the sole responsibility of the landowners adjoining
said alley to seek and obtain the initial application of gravel and
rock on said alley at the sole cost of said landowners. Subsequent
to said initial application of rock and gravel thereto, the City shall
maintain said alley as elsewhere provided herein.
2.
In the event the City shall itself establish
any new alleys herein subsequent to the effective date of this Chapter,
the City shall be solely responsible for maintaining same as elsewhere
provided herein.
[CC 1996 § 235.340; Ord. No. 17 § 298]
Every person who, in this City, shall dig or
cause to be dug in or adjoining any highway, thoroughfare, sidewalk
or public place or adjacent thereto, any excavation whatsoever which
extends across any street or alley or adjacent thereto shall cause
the same to be fenced with a substantial fence or barrier not less
than three (3) feet high, the boards or rails of which shall be strong
and securely fastened. Every person digging or causing any such excavation
to be dug in, and every person who shall occupy or cause to be occupied
any portion of a public street, alley or highway or lot adjacent thereto
with building materials or any obstruction permitted by ordinance
shall cause a red light to be securely and conspicuously posted on
or near such excavation, building materials or obstruction as will
notify travelers of the existence of the same, and shall keep such
light burning during the entire night. Any person violating the provisions
of this Section shall be deemed guilty of an ordinance violation and,
upon conviction thereof, shall be fined a sum of not less than ten
(10) nor more than one hundred dollars ($100.00) and costs.
[CC 1996 § 235.350; Ord. No. 17 § 299]
Any person who shall knowingly or willfully
remove, destroy or interfere in any manner with any barrier, guard
or light before or at any excavation or dangerous place in or near
any thoroughfare of this City for the purpose of warning or protecting
travelers or other persons who may be exposed to injury from such
dangerous places shall, upon conviction thereof, be deemed guilty
of an ordinance violation and punished by a fine of not less than
five dollars ($5.00) nor more than one hundred dollars ($100.00) and
costs.
