No person, other than authorized city employees, shall dig or excavate any hole, ditch, trench or tunnel in or under any street, alley, sidewalk, park or other public property or public easement through private property without first having secured a permit for such excavation. Application shall be made to the city clerk.
(Code 2021)
(a) No permit authorized in this article shall be issued until the applicant has given to the city a good and sufficient bond in the sum of $5,000 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. No bond for this purpose shall run for longer than two years without being renewed. The bond shall remain in full force and effect as to each excavation for two years after the same has been made or completed.
(b) Any utility operating under a franchise or a contractor under contract with the city for municipal improvement shall not be required to give bond as provided in subsection (a).
(c) Each bond given under this section shall be approved by the city attorney and filed with the city clerk.
(Code 2021)
If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $5. Each permit issued under the provisions of this section shall cover only one specified excavation.
(Code 2021)
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 2021)
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 2021)
(a) The term “driveway”, as used herein, shall mean any driveway entering any street from private property.
(b) Curb Cuts For Driveways — Permit Required. Any person, firm or corporation desiring to cut or remove any curb or desiring to construct a driveway entrance from any street to any private premises or lots shall first make application for and receive a permit therefor. Such application shall contain information showing the location, grade and dimensions of the curb cut proposed or shall show the type of construction, location and width of the driveway desired. If said application is approved by the Public Works Director, he/she shall authorize the issuance of the permit applied for.
(c) Supervision By Public Works Director. All work done under said permits issued in compliance with this article shall be done under the direction and supervision of the Public Works Director. The Public Works Director is authorized to make such rules and regulations and specifications with respect to materials, design standards and method of construction of such driveways.
(d) Time Limit For Construction — Regulations. It shall be the duty of any person, firm or corporation having a permit for the cutting or removal of any curb, when it is desired to construct any driveway entrance to any private premises or lots, to construct or reconstruct any entrance in accordance with the plans and specifications therefor within six (6) months after the date of such permit. No entrance shall block or impede the free flow of water along the gutter or drainage ditch and no such entrance shall be constructed above the grade level or drainage course. Provided, that any driveway entrance hereinafter constructed that abuts upon a drainage ditch or an unimproved street shall have a culvert pipe installed of such size and design as shall be determined by the Public Works Director, the cost and installation of such culvert pipe to be at the owner’s expense.
(e) Municipal Projects. Nothing in this article will be so construed as to prohibit the backfill of excavations, repair and replacement of surfaces in the performance of street, sewer and water lines and other improvement projects under the direction of the Public Works Director.
(f) Penalty. Any person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each offense, and each and every day that any of the terms, conditions or provisions of this section are not complied with shall be considered a separate offense.
(Prior Code 2016 §520.010; Prior Code §505.010; Ord. 2336; Code 2021)
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 2021)
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 2021)
(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 2021)
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 2021)
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 2021)
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 2021)
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 2021)
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 2021)
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 2021)
In its use of Right-of-Way any and all companies working in the City of Paola shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power. In addition, the Company shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the City relating to permits, fees, sidewalk and pavement cuts, utility location, construction coordination, screening, and other requirements on the use of the Right-of-Way in the reasonable exercise of its police power.
(Prior Code §505.020; Ord. 3162; Code 2021)