It is unlawful for any person within the limits of this city to dig, or cause to be dug, any excavation in or adjoining any highway, street, alley or sidewalk, or any unenclosed lot or square, and leave same unfenced during the night without a substantial fence at least three feet high, the boards to be not more than 12 inches apart.
(Ordinance 24, art. 34, adopted 7/14/1964)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building inspector or inspector
means the person, his staff or employees, or entity designated by the city to perform the duties and responsibilities set forth herein to be performed by the city, or, if none has been designated, the city manager.
Construction activity or work
means and includes, but is not limited to, the causing or carrying out of any manmade change in any property or facility through building, erecting, installing, bulkheading, filling, mining, dredging, clearing, paving, grading, excavating, boring, drilling, or the addition, removal or alteration of any facility or any improvement to property, including altering of the size of any facilities, or other similar work or activity in, over, under, through, along or across the rights-of-way or streets within the city limits.
Contractor
means and includes, but is not limited to, the person possessing a permit, franchise or license agreement as required under this article and all persons actually performing, directing, monitoring, managing or overseeing any construction activity, work or other such similar activity in, over, under, through, along or across any streets or rights-of-way within the city limits.
Excavation
means any manmade formation of a cavity, hole or hollow by way of any means of digging, plowing, quarrying, uncovering, blasting, scooping, drilling, dredging, bulldozing, relocating or making cuts, openings, borings or other action or processes to form a cavity, hole or hollow.
Facility or facilities
means any plant, equipment and property, including, but not limited to, duct spaces, manholes, poles, towers, utility pipes, pipes, conduits, lines, wires, transmission media, underground and overhead passageways or other equipment, structures and appurtenances which are located in, over, under, through, along or across the rights-of-way or streets.
Installation
means the addition, removal, repair or alteration of any facility located in, over, under, through, along or across the rights-of-way or streets.
Owner
means any person having financial interests in property or facilities located in, over, under, through, along or across streets and rights-of-way in the city, including the person directing the actions of any contractor, paying a contractor, or for whose benefit the actions of the contractor are undertaken.
Permanent structure
means any facility located in, over, under, through, along or across the rights-of-way or streets within the city limits that occupies, affixes or otherwise is to remain in the same location for a period of time of more than 30 days.
Person
means and includes an individual human, partnership, firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, association, legal entity, or corporation of any kind, including, but not limited to, any provider of any utility service or public service, as those terms are defined in this section.
Public service
means any business or commercial activity which is not included in the definition of the term "utility service" that requires the use of the public streets or rights-of-way for the location of any facility or equipment to provide services to persons or property situated within the city, including, but not limited to, cable television service and services using a transmission media, but excluding telephone, taxi service and solid waste collection.
Rights-of-way
means the surface of, and the space above and below, any and all present and future public thoroughfares, public utility easements, municipal utility easements, public ways, public grounds, public waterways and, without limitation by the foregoing, any other public property within the corporate limits of the city.
Streets
means the surface of, and the space above and below, any and all present and future public streets, avenues, highways, boulevards, drives, roads, bridges, alleys, lanes, viaducts and all other public roadways within the city limits and any highways, county roads or other public roadways for which the city has an agreement or contract to control, regulate or maintain.
Transmission media
means all cables, fibers, wires, tubes, pipes or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, video or data, or other purposes, which are physically located in the rights-of-way or streets.
Utility service
shall have its common meaning and shall specifically include, but not be limited to, electric, water, wastewater, gas and telephone service.
(Ordinance 346, § 2, adopted 2/1/2000; Ordinance 1098, § 2, adopted 6/2/2020)