Chapter 12.12 EXCAVATIONS

The ordinance codified in this chapter shall be known and may be cited as the “street excavation ordinance of the city of Burlington.” (Ord. 763 § 10-1001, 1971).

12.12.020 Definitions.

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

A. “Applicant” means any person making written application to the city engineer for an excavation permit under this chapter.

B. “City engineer” means the city engineer of the city.

C. “Excavation work” means the excavation and other work permitted under an excavation permit and required to be performed under this chapter.

D. “Permittee” means any person who has been granted and has in full force and effect an excavation permit issued under this chapter.

E. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

F. “Street” means any street, highway, sidewalk, alley, avenue, easement made to the city for public use, or other public way or public grounds in the city. (Ord. 763 § 10-1002, 1971).

12.12.030 Chapter not applicable when.

The provisions of this chapter shall not be applicable to any excavation work under the direction of competent city authorities by employees of the city or by any contractor of the city performing work for and in behalf of the city necessitating openings or excavations in streets. (Ord. 763 § 10-1038, 1971).

12.12.040 Permit – Required.

It is unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person has first obtained an excavation permit therefor from the city engineer as provided in this chapter. (Ord. 763 § 10-1003, 1971).

12.12.050 Permit – Application.

No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the city engineer. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and date of completion of the excavation, and other data as may reasonably be required by the city engineer. The application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work and such other information as may be prescribed by the city engineer. (Ord. 763 § 10-1004, 1971).

12.12.060 Drawings required when.

A. Users of subsurface street space shall furnish the city engineer with accurate drawings, plans and profiles, showing the location and character of all underground structures being installed, including abandoned installations. Horizontal locations are to be referenced to street centerlines, as marked by survey monuments, and shall be accurate to a tolerance of plus or minus one foot. The depth of the utility or structure being installed may be referenced to the elevation of the street above the utility, with depths to the nearest one-half foot being shown at a minimum of 50-foot intervals along the location of the utility. Said maps shall be submitted to the city engineer’s office within 60 days after new installations, changes or replacements are made.

B. In the event that the permittee does not have qualified personnel to furnish these drawings, he shall advise the city engineer in order that necessary field measurements may be taken by the city engineer during construction, and that the maps be prepared by the city engineer’s office. The cost of field inspection and measurement, and the preparing of the “as-built” maps shall be at the expense of the permittee. (Ord. 763 § 10-1037, 1971).

12.12.070 Property lines and easements.

Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit and it shall be the permittee’s responsibility to confine excavation work within these limits. (Ord. 763 § 10-1018, 1971).

12.12.080 Permit – Fees.

A permit fee shall be charged by the city engineer for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The excavation permit fee shall be in an amount established by the current city of Burlington fee resolution. (Ord. 1234 § 1, 1993; Ord. 763 § 10-1005, 1971).

12.12.090 Permit – Placard display requirements.

The city engineer shall provide each permittee at the time a permit is issued under this chapter a suitable placard plainly written or printed in English letters at least one inch high with the following notice:

City of Burlington Permit No.___ Expires ____________

and in the first blank space there shall be inserted the number of said permit, and after the word “expires” shall be stated the date when the permit expires. It shall be the duty of any permittee under this chapter to keep the placard posted in a conspicuous place at the site of the excavation work. It is unlawful for any person to exhibit such placard at or about any excavation not covered by such permit, or to misrepresent the number of the permit or the date of expiration of the permit. (Ord. 763 § 10-1006, 1971).

12.12.100 Surety bond.

Before an excavation permit as provided in this chapter is issued, the applicant shall deposit with the city clerk-treasurer a surety bond in such reasonable amount as set by the city engineer payable to the city. The required surety bond must be:

A. With good and sufficient surety;

B. By a surety company authorized to transact business in the state;

C. Satisfactory to the city attorney in form and substance;

D. Conditioned upon the permittee’s compliance with this chapter and to secure and hold the city and its officers harmless against any and all claims, judgments or other costs arising from the excavation and other work covered by the excavation permit or for which the city, the city council or any city officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the city engineer, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after the work has been done, usual wear and tear excepted, as it was in before the work was done. Any settlement of the surface within the two-year period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing contained in this section shall be construed to require the permittee to maintain any repairs to pavement made by the city if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his own sidewalk shall be required to give such bond. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the city by reason of the negligence or default of the permittee, upon the city’s giving written notice to the permittee of such suit or claim, any final judgment against the city requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified above in other respects as specified above but applicable as to all excavation work in streets by the principal in such bond during the term of one year from said date. (Ord. 763 § 10-1007, 1971).

12.12.110 Urgent work.

If in his judgment traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the city engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible. (Ord. 763 § 10-1032, 1971).

12.12.120 Emergency action.

In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation permit under this chapter, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the city engineer’s office is open for business, and shall not proceed with permanent repairs without first obtaining an excavation permit under this chapter. (Ord. 763 § 10-1033, 1971).

12.12.130 Breaking through pavement.

Whenever it is necessary to break through existing pavement for excavation purposes, and where trenches are to be four feet or over in depth, the pavement in the base shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement. (Ord. 763 § 10-1021, 1971).

12.12.140 Sidewalk excavations.

Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times. (Ord. 763 § 10-1013, 1971).

12.12.150 Noise, dust and debris.

Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and between the hours of 10:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the city engineer or in case of an emergency as otherwise provided in this chapter, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. (Ord. 763 § 10-1034, 1971).

12.12.160 Clearance for fire equipment.

The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fireplugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions. (Ord. 763 § 10-1009, 1971).

12.12.170 Protective measures – Fences, barriers and lights.

The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the city streets or sidewalks, and such protective barriers shall be maintained until the work is completed or the danger removed. At twilight there shall be placed upon such place of excavation, and upon any excavated materials or structures or other obstructions to streets, suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. It is unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public. (Ord. 763 § 10-1014, 1971).

12.12.180 Protective measures – Routing of traffic.

The permittee shall take appropriate measures to ensure that during the performance of the excavation work traffic conditions as nearly normal as practicable are maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public; provided, that the city engineer may permit the closing of streets to all traffic for a period of time prescribed by him if in his opinion it is necessary. The permittee shall route and control traffic, including its own vehicles, as directed by the city police department. The following steps shall be taken before any highway may be closed or restricted to traffic:

A. The permittee must receive the approval of the city engineer and the police department therefor;

B. The permittee must notify the chief of the fire department of any street so closed;

C. Upon completion of construction work, the permittee shall notify the city engineer and city police department before traffic is moved back to its normal flow so that any necessary adjustments may be made;

D. Where flagmen are deemed necessary by the city engineer, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the city engineer will designate detours. The city shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee, but in case there are no existing highways the permittee shall construct all detours at its expense and in conformity with the specifications of the city engineer. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment. (Ord. 763 § 10-1008, 1971).

12.12.190 Protective measures – Highways and crossings.

The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing as required by the city engineer. (Ord. 763 § 10-1010, 1971).

12.12.200 Protective measures – Utilities.

The permittee shall not interfere with any existing utility without the written consent of the city engineer and the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may, in any way, be affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across said work. In case any pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage. (Ord. 763 § 10-1011, 1971).

12.12.210 Protective measures – Adjoining property.

The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose and if he cannot obtain a license from such owner the city engineer may authorize him to enter the private premises solely for the purpose of making the property safe. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out said work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property the appropriate city department or city official having control of such property. (Ord. 763 § 10-1012, 1971).

12.12.220 Protective measures – Watercourses.

The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as it found them or shall make such provision for them as the city engineer may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. (Ord. 763 § 10-1020, 1971).

12.12.230 Protective measures – Monuments.

The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the city engineer. All street monuments, property corners, bench marks and other monuments disturbed during the program of the work shall be replaced by the city engineer and the cost of the same shall be paid by the permittee. (Ord. 763 § 10-1035, 1971).

12.12.240 Damage to existing improvements.

All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials and workmanship for such repair shall conform with the requirements of any applicable code or ordinance. If upon being ordered the permittee fails to furnish the necessary labor and materials for such repairs, the city engineer shall have the authority to cause said necessary labor and materials to be furnished by the city and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor. (Ord. 763 § 10-1017, 1971).

12.12.250 Tunnels.

Tunnels under pavements shall not be permitted except by permission of the city engineer. Where pipes or cables are placed under main thoroughfares, concrete streets, state highways, first-grade asphalt streets, or wherever designated by the city engineer, such work shall be done by jacking or boring casings under street surfaces and placing said pipes or cables inside of the casing. (Ord. 763 § 10-1022, 1971).

12.12.260 Trenches.

Except by special permission from the city engineer, no trench shall be excavated more than 100 feet in advance of pipe laying nor left unfilled more than 200 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the side ready to put in place. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work. No timber bracing, lagging, sheathing or other lumber shall be left in any trench. (Ord. 763 § 10-1030, 1971).

12.12.270 Care of excavated material.

All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the city engineer shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal. (Ord. 763 § 10-1016, 1971).

12.12.280 Cleanup.

As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time as may be ordered by the city engineer, and in any event immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work and, upon failure to do so within 24 hours after having been notified to do so by the city engineer, said work may be done by the city engineer and the cost thereof charged to the permittee. The permittee shall also be liable for the cost thereof under the surety bond provided under this chapter. (Ord. 763 § 10-1019, 1971).

12.12.290 Backfilling – Requirements.

Backfilling in any street opened or excavated pursuant to an excavation permit issued under this chapter shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tappers or vibrators, by rolling in layers, or by water settling, as required by the soil in question and sound engineering practices generally recognized in the construction industry. When water is taken from a fire hydrant, the permittees shall assign one man to operate the hydrant and shall make certain that said man has been instructed in the operation of the hydrant. The public utility district shall likewise be notified at both the beginning and end of the job so that the condition of the fire hydrants can be checked on both occasions. Any damage done to the hydrant during the excavation shall be the responsibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the public utility district. (Ord. 763 § 10-1023, 1971).

12.12.300 Backfilling – Material.

Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six inches above the rock bottom of the trench and the space under, around and six inches above the pipe shall be backfilled with clean river sand, noncorrosive soil or one-quarter inch minus gravel. Broken pavement, large stones and debris shall not be used in the backfill. (Ord. 763 § 10-1026, 1971).

12.12.310 Backfilling – Water settling method.

When backfilling is to be done by water settling and before any compaction of the trenches is attempted, the permittee shall cause the loose material to be wetted by forcing a head of water of not less than 30 feet in height, down into the soft material so that the end of the pipe is not more than three feet above the bottom of the excavation. He shall allow the water to run until the material is saturated as indicated by the water rising and running out on the surface of the ground around the pipe. After each hole has been saturated, the jet pipe shall be moved along the trench line a distance of approximately four or five feet, but in no case more than eight feet, and the process repeated for the entire length of the backfill trench. All work shall be done in such manner as to obtain a relative compaction throughout the entire depth of the backfill of not less than existing adjacent to the excavation. (Ord. 763 § 10-1024, 1971).

12.12.320 Backfilling – Dry method.

Backfilling up to the first 18 inches above the top of the utility pipes or similar installations shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand-tamped shall not exceed six inches in thickness. Layers that are power-tamped shall not exceed 12 inches in thickness. The same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Backfilling of all pipes of over 24 inches in diameter shall be carried up to the spring line of the pipe in three-inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The backfill around all pipes 24 inches or less in diameter shall be flooded or tamped as specified above to a depth of 18 inches above the top of the pipe before any additional backfilling is placed thereon. Any deviation from the method set forth above shall have prior written approval of the city engineer. (Ord. 763 § 10-1025, 1971).

12.12.330 Backfilling – Surface finishing.

Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry backfilling, the material shall be compacted with a roller of an approved type, or with the rear of a truck carrying at least five tons, until the surface is unyielding. Care shall be taken that material being compacted has proper moisture content for maximum compactibility. The surface shall then be graded as required. (Ord. 763 § 10-1027, 1971).

12.12.340 Restoration of surface – Procedure – Approval.

A. The permittee shall restore the surface of all streets broken into or damaged as a result of the excavation work to their original condition in accordance with the specifications of the city engineer. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place, and this fill shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the city engineer. If in the judgment of the city engineer it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation to remain until such time as the repair of the original pavement may be properly made.

B. Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the city engineer to restore the street to its original and proper condition, or as near as may be.

C. Acceptance or approval of any excavation work by the city engineer shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The city engineer’s presence during the performance of any excavation work shall not relieve the permittee of its responsibilities under this chapter. (Ord. 763 § 10-1028, 1971).

12.12.350 Restoration of surface – City’s right to complete work – Costs.

A. If the permittee has failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or fails to prosecute the work in accordance with the requirements of this chapter or shall otherwise have failed to complete the excavation work covered by such permit, the city engineer, if he deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25 percent of such cost in addition for general overhead and administrative expenses. The city shall have a cause of action for all fees, expenses and amount paid out and due it for such work and the city shall also enforce its right under the permittee’s surety bond provided pursuant to this chapter.

B. It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two years after restoring it to its original condition. (Ord. 763 § 10-1029, 1971).

12.12.360 Prompt completion of work.

The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the excavation permit therefor. (Ord. 763 § 10-1031, 1971).

12.12.370 Inspections – Rules and regulations – Enforcement authority.

The city engineer shall make such inspections as are reasonably necessary in the enforcement of this chapter. When so made, the permittee shall pay for such inspections at the city’s cost. The city engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. (Ord. 763 § 10-1036, 1971).

12.12.380 Insurance.

A permittee, prior to the commencement of excavation work under this chapter, shall file with the public works director a certificate of insurance evidencing insurance in form and amount in accordance with policy established by the public works director, which insurance shall be issued by an insurance company authorized to do business in Washington State. (Ord. 1663 § 1, 2008; Ord. 763 § 10-1039, 1971).

12.12.390 Liability of city.

This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued under this chapter, nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit, or the approval of any excavation work. (Ord. 763 § 10-1040, 1971).

12.12.400 Attractive nuisance prohibited.

It is unlawful for the permittee 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 or health. (Ord. 763 § 10-1015, 1971).

12.12.410 Violation – Penalty.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable according to the provisions of chapter 1.24 BMC. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this chapter. (Ord. 763 § 10-1041, 1971).