[Adopted 8-14-1979 as Ch. 10 of the Code of Ordinances]
The provisions of this chapter shall be in addition and supplemental
to all other provisions of this Code.
[Amended 6-12-1989 by Ch. 171]
It shall be unlawful for any person, except city employees in the course
of their employment, to open, dig into, remove the surface from, excavate
or bore or tunnel under any street, sidewalk, alley, public way or place without
first obtaining a permit therefor from the Director of Public Works.
[Amended 6-12-1989 by Ch. 171]
The application for a permit required by this chapter shall contain
such information as the Director of Public Works deems necessary and shall
be accompanied by a fee in the amount set by ordinance by the Town Council.
[Amended 6-12-1989 by Ch. 171]
In granting a permit required by this chapter, the Director of Public
Works may impose reasonable regulations, including but not limited to:
A. The manner of making the excavation, boring or tunneling.
B. The location of the excavation, boring or tunneling.
C. Protection of underground utility installations.
D. The duration of the excavation, boring or tunneling.
E. Required safety precautions, such as barricades, lighting,
warning devices, etc.
F. The extent and size of the excavation, boring or tunneling.
G. Steps to be taken to protect nearby property owners.
[Amended 6-12-1989 by Ch. 171]
When required by the Director of Public Works, the applicant for a permit
under this chapter shall submit satisfactory evidence that he has sufficient
assets or insurance to indemnify the town for any costs, losses or liabilities
that it may incur by reason of such excavation and to satisfy any judgments
or liabilities arising out of the excavation.
[Amended 6-12-1989 by Ch. 171]
It shall be the duty of the person making any excavation or doing any
boring or tunneling hereunder to fill the excavation and restore the surface
to a condition at least equal to the surface prior to the excavation or, in
the case of boring or tunneling, to take such steps or precautions as are
necessary to assure that there will be no sinking or shifting of the surface.
If so required by the Director of Public Works, any person making an excavation
or doing boring or tunneling shall furnish a deposit, bond or other security
sufficient to assure compliance with this section; provided, however, that
the town may elect to fill and resurface the excavation or take the necessary
precautions and charge the cost thereof against the person making the excavation
or doing the boring or tunneling.
In addition to any other penalty imposed by law, any person violating
any provision of this chapter shall have his excavation permit revoked.
[Amended 6-12-1989 by Ch. 171]
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be punished, for each violation, by a fine of not more
than five hundred dollars ($500.) or by imprisonment for not more than thirty
(30) days. The continuation of a violation of any provision of this chapter
shall constitute, for each day the violation is continued, a separate and
distinct violation hereunder.
[Adopted 7-11-2005 by Ord. No. 278]
INSPECTOR
The Director of Public Works or his/her designee shall be the sidewalk
inspector for the Town.
SIDEWALK AREA
That portion of the highway between the property line and the edge
of pavement of the highway which is set aside, laid out, or has a planned
use for pedestrian traffic.
SIDEWALK
Any portion of the sidewalk area which has been made smooth by the
application of cement, concrete, asphalt, brick, gravel, or other durable
substance, compacted and made smooth.
The Charlestown Police Department shall have the authority to enforce
the provisions of this section.