It shall be unlawful for any person to dig up, underbore, install
any facilities or structure, or otherwise occupy any area within,
above or below any part of the public streets, sidewalks or other
rights-of-way or public places of the City for the purpose of putting
down, laying or installing gas or water pipes, cellar or other drains,
fiber optic conduit or cabling, wireless facilities or support structures,
or any other utility or communications facilities, without first having
applied for and obtained a permit from the Public Works Director for
that purpose. Any such person shall pay to the City a permit fee in
the amount provided in the General Fee Ordinance. Nothing in this article shall affect or limit the City's
right to charge a separate fee for access to or the use of City-owned
property or facilities.
Any permit granted pursuant to this article shall be in addition
to, and not in lieu of, any fee, rent, lease, license or franchise
required to occupy, or place facilities on or to attach to, City property,
facilities or rights-of-way.
An applicant for a permit under this article shall provide information
specified by the Director, demonstrating the intended scope of the
installation and the expected placement of facilities addressed under
this article.
Each holder of a permit issued pursuant to this article shall,
within the period of time specified in such permit or, if no time
limit is specified therein, within 10 days after completion of the
work authorized by the permit, adequately refill with the same type
of material as had been removed or with other materials approved by
the Public Works Director, without disturbing or damaging existing
City infrastructure, and restore the surface of the place so excavated
to as good condition as it was before such excavation was made, and
upon failure to do so within the time required, such person shall
be guilty of a municipal infraction subject to a fine of $1,000.
From the time any installation or excavation is begun pursuant
to a permit required by this article until completion of the work
and restoration of the area where the installation or excavation took
place, the permit holder shall be responsible for the installation
and maintenance of adequate safeguards to protect persons, animals
and property from the dangers directly or indirectly arising from
all work done with respect to such installation or excavation, and
the following safeguards, among others, which may be necessary or
appropriate, shall be mandatory: warning signs, adequate illumination
at night and during other periods of darkness or poor visibility and
enclosure of the place of excavation or installation by barricades,
rope or other suitable fixtures.