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12.16.040. Emergency excavation

            (1)        Any person maintaining pipes, lines, or facilities in the public way may proceed with excavation upon existing facilities without a permit when emergency circumstances demand that the excavation be done immediately; provided a permit could not reasonably and practicably have been obtained beforehand.

            (2)        In the event that emergency excavation is commenced on or within any public way of the City during regular business hours, the City Engineer shall be notified within one-half hour from the time the excavation is commenced.  The person commencing and conducting such excavation shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall insure that excavation is accomplished according to City Engineering regulations, the Manual on Uniform Traffic Control Devices and other applicable laws, regulations, or generally recognized practices in the industry.

            (3)        Any person commencing emergency excavation in the public way during other than business hours without a permit shall immediately thereafter apply for a permit or give notice during the first hour of the first regular business day on which City offices are open for business after such excavation is commenced.  A permit for such emergency excavation may be issued which shall be retroactive to the date when the excavation was begun, at the discretion of the City Engineer.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-63, Enacted, 11/6/1997

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