(a)   Definition.  For the purpose of this article “Excavate” means and includes any cutting, digging, excavating, tunneling, boring, grading or other alteration of surface or subsurface material or earth.

(b)   Permit Required.  It shall be unlawful for any person, contractor, or property owner to excavate, dig, cut, open or break any hole, ditch, trench, or tunnel through, in, over, or under any street, avenue, alley, park or parking, pavement, curb, sidewalk, crosswalk, or public place in the City without first having obtained from the City Clerk’s Office a permit to make such excavation or cut, excepting Emergency Repairs that occur after normal City Hall operating hours.  In the case of Emergency Repairs, the person, contractor, or property owner performing the work and/or repairs shall contact the Public Works Supervisor for authority to excavate and shall subsequently obtain the proper permits and post bond at the City Clerk’s Office during the next business day.  Permits must be obtained and bond posted regardless as to whether or not the emergency work and/or repairs have been completed.

(c)   Required Types of Excavation.  It is the policy of the City that directional bores are required for excavation purposes.  At the discretion of the Public Works Superintendent, cutting, digging, excavating, tunneling, grading or other types of alteration may be substituted for boring provided that excavation of hard surface materials such as pavement, concrete, chip/seal, or like materials shall be done by the use of a pavement saw or similar type saw.

(d)   Repairs/Replacement.  The permit holder, contractor, or person shall repair or replace the street, avenue, alley, park or parking area, pavement, curb, sidewalk, crosswalk, or public place at his own expense within sixty days of completion.  Fill material shall be base rock with four (4) inch hot asphalt or concrete overlay at the discretion of the Public Works Superintendent. 

(Code 1988; Ord. 1339; Ord. 1357; Code 2017)

(a)   No permit per cut authorized in this article shall be issued until the applicant has given to the city a bond in the amount as set in the city’s fee resolution conditioned that the applicant will faithfully comply with all the terms and conditions of this article, and will indemnify and hold the city harmless against all costs, expenses, damages and injuries by persons or by the city sustained by reason of the carelessness or negligence of the permit holder.  The bond may be cash to be held in deposit by the city, money order to be held in deposit by the city, letter of credit, or surety bond.  The bond shall remain in full force and effect as to each excavation until the excavation has been completed, repaired, and replaced in accordance with this article.  Cash, money orders, letter of credit, or surety bonds shall not be returned until the excavation, repairs and replacement have been approved and accepted by the Public Works Superintendent.

(b)   Any utility operating under a franchise or a contractor under contract with the city for municipal improvement may be exempted by the city council from giving a bond as provided in subsection (a).

(c)   Each bond given under this section shall be filed with the city clerk.

(Code 1988; Ord. 1339; Ord. 1357; Code 2017)

If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $15.00. Each permit issued under the provisions of this section shall cover only one specified excavation.

(Code 1988)

Any person to whom an excavation permit is issued shall enclose all excavations which they make with sufficient barricades and danger signs at all times, and shall maintain sufficient warning lights or flares at nighttime. The holder of an excavation permit shall take all necessary precautions to guard the public against all accidents from the beginning of the work to the completion of the same.

(Code 1988)

(a)   Repairs & Costs Assessed To.  Once work for which the excavation was made has been completed, or if any street, alley, pavement, public parking lot, sidewalk or curb and gutter is damaged by any permit holder, contractor, or person operating with or without a permit issued under the provisions of this chapter, the permit holder, contractor, or person shall repair or replace the same at his own expense, and he shall be liable on his bond for the satisfactory repair of the same. If the total amount of the bond is inadequate to make satisfactory repairs or pay damages which may have been sustained, the person, contractor, or permit holder shall be liable for any additional amount required to make the repairs or pay damages.  The permit holder, contractor, or person shall under no circumstances be considered as an agent of the city.  All work or repairs shall be done under the supervision of the public works superintendent.  If repairs are not made, or if unsatisfactorily made, the city may complete the same and charge the costs to the permit holder, contractor, person, or property owner(s) on whose behalf the excavation and/or repairs were being performed.  The permit holder, contractor, or person shall further be subject to punishment under the criminal provisions of this chapter.

(b)   Clean Up. The permit holder, contractor, or person making the refill of excavations, digs, cuts, holes, ditches, trenches, tunnels, bores through, in over or under any street, avenue, park or parking area, pavement, curb, sidewalk, crosswalk or public place in the City shall be required to clean up and haul away all surplus earth, rock or rubbish within twenty-four (24) hours after such refill has been completed and in the event of default thereof, the superintendent of public works shall have the right to order and cause the removal of such earth, rock or rubbish and charge the cost of such removal against the person to whom the permit was issued or the person or contractor who commenced or performed the work, or any property owner on whose behalf the work was being performed.

(Code 1988; Ord. 1339; Code 2017)

No person shall change or alter any gutter, storm sewer, drain or drainage structure which has been constructed, or is being lawfully maintained or controlled by the city unless such change or alteration has been authorized or directed by the governing body.

(Code 1988)

It shall be unlawful for any person, except those having authority from the city or any officer thereof to throw down, interfere with or remove any barriers, barricades, or lights placed in any street to guard and ward the traveling public of any construction work thereon or adjacent thereto.

(Code 1988)

No person shall walk upon, drive or ride over or across any pavement, sidewalk or incomplete grading which has not been opened for traffic.

(Code 1988)

(a)   No person shall occupy any portion of any street, alley or sidewalk for the purpose of temporarily storing building materials without first obtaining a permit for such temporary use from the governing body.

(b)   No person may use any portion of any sidewalk or street right-of-way for the purpose of displaying or offering for sale wares, goods, merchandise or other items. Nothing in this article, however, shall be construed as prohibiting the city governing body from waiving the prohibition of this subsection in connection with community promotions or community-wide celebrations when such waiver is considered to be in the best interest of the city. 

(Code 1988)

It shall be unlawful for any person to place, throw or cause to be placed or thrown in or on any street, alley, sidewalk or other public grounds of the city, any glass, tacks, nails, bottles, wire or other dangerous objects that might wound any person or animal, or cut or puncture any pneumatic tire while passing over the same.

(Code 1988)

It shall be unlawful for any person, firm or corporation to deposit or throw any waste oil, fuel oil, kerosene, gasoline or other products of petroleum or any acids into or upon any street or public grounds of the city, or willfully to permit the same to be spilled, dripped or otherwise to come into contact with the surface of any street, alley, or sidewalk within the city.

(Code 1988)

It shall be unlawful for any person, firm or corporation to throw or discharge water into any ditch, street, avenue or alley in the city or to cause any water to stand or form pools or to flow in a stream thereon. This section shall not apply to persons cleaning or flushing such streets, avenues or alleys under the authority of the governing body, nor to members of the fire department.

(Code 1988)

It shall be unlawful for any person to make or cause to be made, any fire upon any of the paved streets, alleys, or street intersections within the city.

(Code 1988)

It shall be unlawful to throw or bat any ball, stone, or other hard substance into, on or across any street or alley or at or against any building or vehicle.

(Code 1988)

It shall be unlawful to haul over the streets or alleys of this city any loose material of any kind except in a vehicle having a tight box so constructed as to prevent the splashing or spilling of any of the substances therein contained upon the streets or alleys.

(Code 1988)

It shall be unlawful for any railroad company or any person operating a railroad in the city, to allow its trains, engines or cars to stand upon any crossing or street in excess of 10 minutes at any one time without leaving an opening in the traveled portion of the street or crossing of at least 30 feet wide.

(Code 1988)

It shall be unlawful for the conductor or engineer of any train, engine or moving cars not preceded by an engine to cross any street, alley or public place without causing a person to be stationed upon the end of the first car or at the crossing to warn of the approaching cars.

(Code 1988)

(a)   It shall be the duty of each property owner in this city to provide culverts for driveways and furnish, at the expense of said property owner, tubing of sufficient size and appropriate materials as to prevent the obstruction of the flow of water in the ditch in which said culvert is placed, which shall in no event be less than eight (8) inches in diameter.  The city shall have a right to inspect said culverts for sufficient size and/or damage and may authorize a representative of the city to inform a property owner of the requirement that an insufficient or deteriorated culvert be replaced. It shall be the right of the city to install culverts in front of any property when necessary for drainage or protection of the streets.

(b)   The first culvert to be installed on a property, if brought through the city, will be installed by city workers with the city providing the labor and approximately six (6) tons of rock. The cost of any additional rock needed to cover the culvert will be at the expense of the landowner and the cost thereof shall be reimbursed to the city.

(c)   Replacements, extensions, and/or additional culverts requested by a landowner will be at the cost of the landowner for culvert(s), labor and rock, if the city installs the culvert and the culvert(s) is bought (purchased) through the city.  If a landowner installs any culvert(s), the city retains the right to inspect any such installation for conformity to city regulations, to include, but not limited, as to size, materials and installation of any culvert(s).

(Ord. 771; Code 1988; Ord. 1448)

It shall be unlawful for any person or persons to hinder, obstruct, stop or interfere in any way with the flow of water in any ditch in front of any property or to refill or partly refill any ditch after the same has been prepared for culvert and/or excavated in connection with street construction or repair by the city.

(Ord. 771; Code 1988)

In addition to all streets and alleys which have been closed and vacated by the council of the City of La Cygne prior to the effective date of this section, the following streets and alleys are similarly closed and vacated:

(a)   Broadway Street from its intersection with Sycamore Street to its intersection with Market Street;

(b)   8th Street from its intersection with Vine Street to its intersection with Sycamore Street.

(Code 1988)

No person shall operate, move, load, or unload any crawler type equipment such as, but not limited to, a tractor, dozer, steam shovel, derrick, roller, or other similar crawl type equipment upon or across any street or highway within the city limits.

(Ord. 1339; Code 2017)

In addition to any civil remedy, including compensatory damages and injunctive relief, violation of this article is punishable by a fine as set in the city’s fee resolution.

(Ord. 1339; Code 2017)