|
ORDINANCE NO: %2'_ X7--0)
<br />AN ORDINANCE AMENDING BATESVILLE MUNICIPAL CODE CHAPTER 9.08, REGARDING THE
<br />REGULATION OF THE EXCAVATION UPON, IN, UNDER, OR ABOVE ANY CITY STREETS, ALLEYS,
<br />CURBS, SIDEWALKS, EASEMENTS, AND PUBLIC RIGHT OF WAYS; AND FOR OTHER PURPOSES
<br />WHEREAS, the current ordinance regarding the regulations in place for the excavation of
<br />streets is in need of revision;
<br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,
<br />ARKANSAS:
<br />Chapter 9.08 of the Batesville Municipal Code is hereby amended as follows:
<br />SECTION 1: TITLE, PURPOSE, AND DEFINITIONS.
<br />a. This ordinance shall be known and may be cited as "Excavation of Streets,
<br />Sidewalks, Alleys, Curbs, Sidewalks, Easements, and Public Right of Ways."
<br />b. The purpose of this ordinance is to provide regulations regarding excavations,
<br />cuts, drilling, boring, and auguring upon, in, under, or above any City Street, Alley, Curb,
<br />Sidewalk, Easement, or Right of Way.
<br />C. "Permittee" is defined under this Chapter as any utility, entity, or person to whom
<br />a permit issues under this title.
<br />d. "Utility Facility" is defined under this Chapter as any physical component of a
<br />system, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires,
<br />transmitters, equipment, and other facilities, located within, under or above the rights of way,
<br />any portion of which is used or designed to be used to deliver, transmit or otherwise provide
<br />utility service.
<br />SECTION 2: PERFORMANCE OF WORK.
<br />Any performance of work upon, within, above, or under any street, alley, curb, gutter,
<br />sidewalk, public right-of-way, or any easement within the City of Batesville shall be included in an
<br />application and furnished to the City of Batesville Code Enforcement prior to issuance of a
<br />permit. Any work performed without a permit shall be unlawful, and may be subject to fines,
<br />criminal charges, and/or civil litigation.
<br />SECTION 3: PERMIT PROCEDURE.
<br />
|