Las Vegas City Ordinances, July 18, 1911 to March 31, 1933, lvc000013-59

Ordinance No. 37. An Ordinance Regulating Excavations in streets, alleys, sidewalks, highways, public squares and places in the City of Las Vegas, and other matters relating thereto. The Board of Commissioners of the City of Las Vegas Do Ordain as Follows; Section 1. Any person, firm or corporation, making any excavation in any street, alley, sidewalk, highway, public square or place in the City of Las Vegas, whether under permit or otherwise, shall, before beginning such excavation, notify the Commissioner of streets and Public property of the place where, and the time when such excavation is to be made, and such excavation and the refilling thereof shall be made under his direction; and as a regulation for damages and indemnity for damages such person, firm or corporation, before making such excavation, shall deposit, with said Commissioner of Streets and Public places, a sum of money equal to seventy five cents for each square foot of surface to be excavated on paved streets; twenty five cents per square foot on macadamized or petrolithic streets; and fifteen cents per square foot on all other streets, alleys, sidewalks, highways, public squares or places. Section 2. It shall be the duty of any person, firm or corporation making any such excavation to promptly restore the portion of such street, alley, sidewalk, highway, public square or place where such excavation has been made to as good condition as existed before the same was made, as far as practicable, and to keep the same in such condition for at least six months thereafter, reasonable wear thereof excepted, refilling such excavation during such time, whenever and wherever it may sink or settle below the surface of the street, alley, side walk, highway, public square or place and without notice so to do from said Commissioner of Streets and Public property. Section 3. The money so deposited with said Commissioner of Streets and public property shall be retained by him until such excavation shall be refilled, and the street, alley, sidewalk, highway, public square or place surface restored as provided in the foregoing section, and when so restored one-half of such deposit shall be returned and the other half shall be retained for a period of six months after the completion of said excavation and at the expiration of such time shall be returned to the person, firm or corporation depositing the same; provided that said Commissioner of Streets and Public Property may use any part or all of such deposit in restoring "and in maintaining, at a reasonable cost, such street, alley, sidewalk, highway public square or place, as required by the foregoing section, whenever the person, firm or corporation, making such excavation falls or neglects to comply with the requirements of said section. section 4. Whenever any excavation as mentioned in the preceding sections is made for the purposes of connecting a drain with a public sewer or repairing a drain connected with a public sewer, the notice above specified shall be given to the City Plumbing Inspector, and such excavation and filling shall be made under his direction, in such cases the provisions of the foregoing sections and of this ordinance shall apply in all respects, except as to the maxing of the deposit as therein specified, no deposit being required in such cases, but in addition to the penalty hereinafter in this ordinance provided the City may recover against the person, firm or corporation in a civil action in a court of competent jurisdiction for all damage or injury, direct or indirect, which the City may suffer by reason of the failure, neglect or refusal of the person, firm or corporation making such excavation to strictly comply with the provisions of this ordinance. Section 5. Every City officer, contractor, person, firm or corporation who shall make any excavation in any street, alley, sidewalk, highway, public square or place within the City of Las Vegas shall provide during every night, from sunset to daylight, while such excavation remains unfilled, either a sufficient light or temporary fence, or suitable obstruction around or in front of the same, in order to prevent animals, vehicles and persons from falling into the same. Section 6. Any person, firm or corporation violating any provisions of Section 1,2,3,4 or 5, hereof shall be deemed guilty of a misdemeanor,