Any person desiring to excavate in the City of Louisburg shall be required to be licensed in accordance with this Section as follows:

(a)   All excavators shall apply at the office of City Clerk. The license shall be issued in duplicate with the original to remain filed in the City Clerk’s office and the duplicate to be furnished to the excavator.

(b)   The annual license fee shall be $25.

(c)   Licenses shall be valid from Jan. 1 through Dec. 31 of the issuing year.

(d)   Excavators shall be required to have on file with the City a certificate of insurance of coverage in the following amounts:

(1)   $1,000,000 general liability, including x.c.u. (explosion, collapse and underground conduit).

(2)   Comprehensive automobile liability of $1,000,000, including x.c.u. (explosion, collapse and underground conduit).

(3)   The insurance coverage shall provide for a 10-day notice of cancellation to the City.

(Code 2020)

(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 $500 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.

If the application is approved by the City, the City Clerk shall issue a permit upon payment of a fee of $5. Once approved, an excavator’s license is valid for one calendar year.

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 night time. 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.

(a)   No person shall cut any curb, gutter, pavement, blacktop, sidewalk, or excavate any street, alley or other public grounds of the City for any purpose without first obtaining a permit authorizing the same from the City Clerk.

(b)   Once the work for which the excavation was made has been completed the City shall restore the pavement, blacktop, sidewalk, or other surfacing at the expense of the person from whom the excavation was made.

(c)   In lieu of the City replacing pavement, it may elect to authorize utility companies or contractors to resurface streets or sidewalks with like materials, subject to approval of the street superintendent.

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.

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.

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

(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 temporarily 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.

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.

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.

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.

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.

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.

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

It shall be unlawful for any person to make, cause, rake, place, or mow fallen trees, branches, leaves or grass clippings into the street or into the gutter or curb of any public street unless directed by the city. No person shall permit grass clippings from mower swaths to remain upon sidewalks, street pavements, gutters or curbs of any public street, or on abutting property not owned or occupied by said person.

(Code 2020)