Ordinance 053 Streets-Regulations Pertaining to Opening & Excavation
ORDINANCE N0. 53
' AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REGULATING THE OPENING AND EXCAVATING OF STREETS, ALLEYS,
SIDEWALKS AND OTHER PUBLIC GROUNDS: REQUIRING A PERMIT THEREFOR AND PAYMENT
OF A FEE: REGULATING THE BACK-FILLING AND RE-SURFACING OF EXCAVATIONS: IMPOS-
ING REQUIREMENTS FOR THE PROTECTION OF LIFE AND PROPER71~ IN CONNECTION WITH
EXCAVATION WORK; AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS.
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WHEREAS, it is desired and in the best interests of the health, safety
and welfare of the Village that exca~zations in public streets, alleys, sidewalks
and other public grounds be regulated by the Village Council;
NOW, THEREFORE, BE IT ORD/~INED BY IHE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, THAT
SECTION 1. DEFINITIONS:
For the purpose of this Ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. _
(1) "Applicant" is any person making written application to the =
' Village Council for an excavation permit hereunder.
(2) "Village" is the Village of North Palm $each.
(3) "Village Council" or "Council" is the Village Council of the
Village of North Palm Beach, Florida.
(4) "Excavation Work" is the. excavation and other work permuted
under an excavation permit and required to be performed under this Ordinance.
(5) "Permitee" is any person who has been granted an excavation
permit issued hereunder.
(6) "Person" is any person, firm, partnership,. association,
• corporation, company or organization of any kind, including a public utility.
(7) "Street" is any street, highway, sidewalk, Swale, alley,
avenue or other public way or public ground in the Village. _ -
' SECTION 2. EXCAVATIONS IN, UPON, UNDER OR THROUGH STREETS, ALLEYS,
ETC., - PERMIT REQUIRED.
Any person intending to make any installation, construction, altera- -
tion, extension or repairs or otherwise do any work, either necessary or inci-
dental, which shall require any excavation in, upon, under or through any
' street within the Village shall, before making any such excavation, make
written application to the Building Official upon blanks to be furnished by
such Village and receive £rom such Building Official a permit to do the work
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so intended and to make such excavation.
SECTION 3. SAME-PERMIT FEES.
A person so making such application £or permit shall, as a condition
precedent thereto, pay to the Village, at the time of making such application,
a fee therefor as follows;
' 1. Permit for excavation in an unimproved street,
avenue, alley or thoroughfare $3.00
2. Permit for excavation in an improved street,
alley or thoroughfare where the top surface
therefor is of asphalt, oil or like substance $5.00
3. Permit for excavation in an improved street,
• avenue, alley or thoroughfare where the top
surface thereof is of cement, concrete or a
like substance $5.00
SECTION 4. SAME-RE-FILLING, TAMPING BY EXCAVATOR; RE-SURFACING
BY VILLAGE.
The person making any excavation in any street, under a permit as
herein provided, shall immediately upon the completion of the work of such
excavation, re-fill, puddle and tamp the backfll in a good and workmanlike
manner so that such street is in the same condition as the same was before
such excavation was made, in all respects, save that of re-surfacing the sur-
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face thereof, and which re-surfacing shall in all cases be made by the Village.
The cost of re-surfacing shall be paid for by the person opening such street
and the cost thereof, as estimated by the Village Manager, shall be collected
when the Permit Fee is paid and before the Permit is issued.
SECTION 5. ATTRACTIVE NUISANCE.
It shall be unlawful for the permitee to suffer or permit to remain
unguarded at the place of excavation or opening any machinery, equipment or
other device having the characteristics of an attractive nuisance likely to
• attract children and hazardous to their safety and health.
SECTION 6. PROTECTIVE MEASURES. ---
The permitee shall erect such fence, railing or barriers about the
site of the excavation work as shall prevent danger to persons using the Vil-
' lage street or sidewalks and such protective barriers shall be maintained until
the work or shall.be com~Ieteii or the danger removed. At twilight, there shall
be placed upon the place of excavation and upon any excavated materials or
structures or other obs-~ructions to streets, suitable and sufficient lights
' which shall be kept burning throughout the night during the maintenance of
such obstruction.
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SECTION 7. LIABILITY OP VILLAGE.
This Ordinance shall not be construed as .'.imposing upon the Village
' or any official or employee thereof any liability or responsibility for damages
to any person injured by the performance of any excavation work for which any
excavation permit is issued hereunder.
SECTION 8. PENALTIES.
' Any person violating any of the provisions of this Ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined
in an amount not exceeding $500..00 or be imprisoned for a period not exceeding
sixty days or be both so fined and imprisoned. Each day such violation is
committed or permitted to continue shall constitute a separate offense and
shall be punishable as such hereunder. -
PASSED AND ADOPTED on first reading thisi2th day of July, 19-60.
PASSED AND ADOPTED ON SECOND, FINAL READING AND PASSAGE this 9th
day of August, 1960.
(SEAL)
Mayor
age Clerk
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