11471t
ORDINANCE NO. 11,471
AN ORDINANCE CREATING ARTICLE IV UNDER CHAPTER 36 OF THE CODE
OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, WHICH ARTICLE
SHALL BE ENTITLED "BARRICADING OF CONSTRUCTION IN PUBLIC RIGHT-
OF -WAY "; ESTABLISHING REQUIREMENTS FOR BARRICADING OF CONSTRUCTION
IN PUBLIC RIGHT OF WAY; PROVIDING A PENALTY; AMENDING SECTION 36 -8
(c) OF THE CODE OF ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
ARKANSAS:
SECTION 1. There is hereby added to the Code of Ord1na?Mt1,8of thLt
City of Little Rock, Arkansas, an Article under Chapter 36 to be
entitled "Article IV. Barricading of Construction in Public Right-
of -way ", which Article shall consist of Sections 36 -34, 36 -35, 36 -36, and I
36 -37 as follows:
"Article IV. Barricading of Construction in Public Right -
M of -way.
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Sec. 36 -34. Submission of Plan.
oAny person who shall undertake to perform any work upon,
in, under, above or about any street, alley, curb, gutter, siddwalk,
or any public right -of -way within the City shall, as a condition upon
the issuance and continuation of a permit for such work,
the Department of Community Development, prior to the issuance of any
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permit for the said work, a scale plat or sketch on forms furnished j
by the City showing the work area, the space within the right -of -way j
required for the work and a proposed plan for the use of barricades,
signals, signs, flags, flares and other traffic control and safety
devices about the work area, which plan, hereafter referred to as the
"Barricade Plan ", shall conform to the requirement of this Article
and any regulations or standards established by the Department of
Community Development and shall be deemed a part of the said permit.
This Section shall not apply to utility companies or the City of Little
Hook when engaged in work involving overhead signals, communications
and /or electric circuits. However, adequate warning devices shall be
used in the performance of this work.
See. 36 -35. Requirements of Barricade Plan
The Department of Community Development shall have the power
to make reasonable regulations for barricading of construction areas
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within public- right -of -way. The City may require, as a part of
any Barricade Plan, that the applicant maintain such barricades,
signals, signs, or other traffic control or safety devices accord-
ing to such regulations. The City may further require that work be
done only at certain hours during the day or night, that materials
or equipment used in such work and dirt and materials removed from
any excavation be located other than adjacent to the work area where
feasible, and that any excavation be covered with materials of
sufficient strength and construction to permit vehicular traffic
to pass over such excavation at peak traffic hours, where such re=
quirement shall be deemed necessary in the interests of safety and
to avoid traffic congestion.
Sec. 36 -36.
(a) Penalty. Any person
about public right -of -way and who
hereof or fail to comply with the
such permit shall cause said work
until this ordinance or the Barrie
complied with, or may be fined in
who shall perform work on or
shall violate any provision
Barricade Plan made a part : of
to be subject to a stop order
,lade Plan, or both, shall be
a sum of not less than $25.00
nor more than $100.00, or both subject to a fine and a stop order,
and each day in which a violation hereof shall occur shall constitute
a separate offense. Any person apparently in charge of the work
or any officer of a corporation responsible for the conduct of any
work done in violation hereof may be deemed the responsible party
for purposes of arrest and of imposing any fines hereunder and of
receiving any stop order issued by the City.
(b) Action by City to Correct Deficiencies. In the event
a stop order is issued, the person holding the permit and engaging
in the work shall restore the work area to its proper condition as
called for in the Barricade Plan and permit upon demand by the City
and in the event such is not done within 24 hours from receipt of
notice to do so, the City shall be authorized to and may, at its
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election, take charge of the work and restore the premises to the
condition called for in the Barricade Plan and permit and shall be
entitled to receive from Contractor by civil action twice the actual
expense incurred by the City in so acting including, but not limited
toy cost of labor, materials, overhead, and reasonable rental of any
equipment used by the City in restoring the site, and for such purposes,
the City shall have a right of action against any bond in effect run-
ning from the holder of the permit to the City conditioned upon com-
pliance with the ordinances of City in the performance.of said work.
Sec. 36 -37. Construction. The provisions of this Article are to
be construed as supplemental to and together with any provisions
of the Building Code of the City insofar as such Building Code may
have provisions relating to this general subject matter. Any and
all ordinances in conflict herewith are hereby repealed."
SECTION 2. Section 36 -8 (c) of the Code of Drdinances of the City
of Little Rock, Arkansas is hereby amended to read as follows:
"(c) At all times and period during which any work under
this article is being performed and until such work is completed
and accepted and approved by the building inspector, the contractor
shall and will indemnify and save harmless the City from and against
any and all actions and claims and against all costs, damages, and
expenses to which the City may be put by reason of any injury or
alleged injury to any person o r property resulting or alleged to
result from or to be occasioned by any act, negligence, careless-
ness or want of skill in connection with or in the conduct of any
of said work, or in guarding same, or from any improper methods,
tools, implements, or materials used in its prosecution or by or
on account of any alleged act or omission whatever of the contractor
or his agents, employees or servants; and, the contractor, person
firm or corporation doing said work under the permit as herein pro-
vided for shall well and truly make payment of any and all sums
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so recovered against the City of Little Rock in any suit or suits
on account of such alleged injuries to which the City may be a
party, together with all such costs, damages and expenses as may
be suffered by the City, all in such manner as to save the City
�-� - whole and harmless from all such actions or claims."
SECTION 3. This ordinance shall be in full force and effect from
and after its passage.
PASSED: March 16, 1964
ATTEST:
City Clerk
APPROVED: A4".' /�. "--4-�
Mayor