§ 22-9. Cellar doors, gratings and manholes in sidewalks.

(a)

Generally. It shall be unlawful for any person to construct or keep in existence any cellar door, grating, manhole or similar improvement in the sidewalks of the city without approval of the city council. When not in use, all such openings shall be kept covered, and when in use proper guards shall be provided to warn and protect the public.

(b)

Permit; insurance.

(1)

No use of public sidewalks or public rights-of-way for cellar doors, gratings, manholes or similar purposes shall be permitted or continued unless the person desiring to use or continue the use of a sidewalk or public right-of-way shall possess a valid permit from the public services director of the city, to be issued after the approval of such by the city council. The permit shall state as a condition of its validity that all doors, gratings, manhole covers or other improvements must be constructed of iron or other material as approved by the public services director, must be maintained in good repair and must be kept in a safe condition and on a level with the sidewalk. Such permit shall be issued only upon condition that the user of the sidewalk or public right-of-way for such purposes shall first assume, in writing, responsibility for any injury or death of persons or damage sustained as a result of such use.

(2)

The city council may require that the user of the sidewalk or public right-of-way post indemnity with a surety approved by the city council or liability insurance policy issued by an insurance company authorized to do business within the state to the city, in an amount satisfactory to the city council, securing the city for property damage, personal injuries and wrongful death as a result of such use. The city council's decision as to whether or not to require the posting of indemnity or insurance shall be based on the danger presented by the private use, the likelihood of injury and the probable extent of any injuries, as well as the permit applicant's financial condition and ability to pay. The indemnity or insurance so provided shall be maintained throughout the period of such use and it shall be unlawful to continue such use without continuing such indemnity or insurance.

(c)

Continuation of present uses. Uses presently made of the sidewalks for cellar doors, gratings, manholes or similar purposes may be continued only on condition that the provisions of this section are complied with within sixty (60) days of the effective date of Ordinance No. 1978-35. Upon failure to comply with this section, the property owner using a sidewalk for such purposes shall immediately discontinue such use and restore the sidewalk to its original condition. If the owner fails to do so, the city may restore the sidewalk to its original condition and establish a lien against the property based on the costs of repair.

(Code 1977, §§ 24-5—24-5.2)