17.080 Street Openings.

See Wis. Stat. § 893.83.

(1) No openings in streets, alleys or other public ways to install plumbing will be permitted when the ground is frozen, except when necessary. In opening any street or other public way, all materials for paving or ballasting shall be removed with the least possible injury or loss and together with the excavated material from the trenches shall be placed where the least practicable inconvenience to the public will be caused, and admit of free passage of water along the gutters.

(2) All openings made in the public streets or alleys in accordance with permission given pursuant hereto shall be enclosed with sufficient barriers, and red lamps shall be maintained upon the same at night and all other necessary precautions shall be taken to guard the public against accidents from the beginning to the completion of the work. Sewers and drains may be laid only on condition that the excavator or plumber is bonded as hereinbefore mentioned for all damages that may result from his neglect of necessary precaution against all accidents to persons or property of others.

(3) When any excavation is made in a permanently paved road or street or in any road or street which is to be permanently paved, all clay or hard pan must be removed and the excavation entirely back-filled with sand or gravel thoroughly wet and consolidated.

(4) Permit to Open Street – Procedure. No person, firm, or corporation shall open up any avenue, street, alley, lane or public place until the permit shall first have been obtained from the City Engineer. Such permit shall be filed by the person, firm or corporation making the excavation. Said person, firm or corporation shall be held responsible for any damages to the curb and gutter on said street as a result of said excavation, said damages to be assessed to said contractor. Upon receipt of the permit properly signed, the City Engineer shall approve the same and return to the person, firm or corporation doing the excavation work the copy of such permit. The Plumbing Inspector shall not issue a plumbing permit until the proper permit from the City Engineer for opening and digging any street, alley, avenue, lane or public place is presented.

(5) Excavation Bond. An excavation bond shall be conditioned that the applicant will indemnify and save harmless the City of Manitowoc, its officers and agents from any and all injuries and/or property damage resulting or arising from any negligence on the part of the applicant, his agent, employees and subcontractors and that said applicant or his insurer shall notify the City of Manitowoc in writing at least 10 days prior to the cancellation of any certificate or insurance afforded hereunder. Each firm or corporation shall post an excavation bond in the sum of $5,000 to the City Engineer of the City of Manitowoc before any permit shall be issued for excavation work in the streets of the City of Manitowoc. Said excavation bond to save the City of Manitowoc harmless in any action as a result of said work.

[Ord. 16-741 § 17, 2016. Prior code § 17.08]