§ 40-122. Prohibited activities.

(a)

It shall be unlawful for any person to excavate or cause an excavation within the city unless the person is a permittee to whom a permit has been issued for the excavation pursuant to this article.

(b)

It shall be unlawful for a permittee to excavate or cause an excavation within the city in violation of any term of a permit issued pursuant to this article.

(c)

It shall be unlawful for any permittee to fail to exhibit a permit upon request as required by section 40-142 of this Code. In any prosecution under this article, it shall be presumed that there is no permit if the permit is not properly exhibited.

(d)

It shall be unlawful for any permittee to fail to restore the public way following excavation as required by this article.

(e)

It is an affirmative defense to prosecution under subsections (a) and (c) above that the excavation was begun in response to an emergency and that a permit was timely applied for in compliance with section 40-139 of this Code.

(Ord. No. 00-1115, § 2, 12-20-00; Ord. No. 06-595, § 3, 6-7-06)