Arizona republican., 1914-09-20
ORDINANCE NO %

AN ORDlNANCE PROHIBITING THE DIGGING IN, ON, OR THE LAYING OR PLACING OF POLES TRACKS, AND OTHER OBSTACLES IN, ON, OR UPON, UNDER, OVER ANY OF THE PUBLIC STREETS. ALLEYS, PARKS, AND OTHER PUBLIC PLACES OF THE CITY OF PHOENIX, WITHOUT FIRST OB- TANNING A PERMIT THEREFOR. BE IT ORDAINED BY THE COM MISSION OF THE CITY OF PHOE- NIX AS FOLLOWS:
 Sec. l. It shall be unlawful for any person, corporation or associa- tion, or their officers, agents or en- ployes, to dig, excavate, alter, ob- | struct or change, or to cause any digging, excavation, alteration, ob- struction or change to be done or made in, over, under, along, across or upon any of the streets, alleys. parks or other public grounds or places within the corporate limits of 1 the city of Phoenix, or to plant, lay, place, set, build, construct, remove, alter or change any trees, sidewalks, street pavements, telephone lines, wires, poles, or conduits, telegraph | lines, wires, poles or conduits, elec- tric power or electric light line wires, poles, or conduits, water mains, hy- drants or pipes, sewer mains, man. holes or pipes. gas mains, pipes or conduits, steam, electric or other railways, railway tracks, lines, ties or rails, switches or side tracks. bridges, fumes, culverts, drains or ditches, or any other class or kind of work, ma terial, structure or construction, in, upon, over, or under such streets, parks, alleys and public grounds, without first obtaining written per mission so to do from the city man. ager.
 Sec 2. The City Manager may re- quire any application for permission 1 to do or perform any one or more of the acts or things enumerated in sec tion l of this ordinance, to furnish a map or diagram showing the place, character and extent of the proposed work, and may refuse permission to do or perform the same whenever in 1 his opinion the best interests of the public would be served by such re- fusal, and the said City Manager may, in his discretion, grant permission to do or perform any such acts or 1 things in, upon, over or under, the streets, alleys, parks, public grounds and places,s except such as may be prohibited by law or ordinance, when ever in his opinion the best interest of the public will be served thereby, l and may prescribe such reasonable conditions thereto as he may from time to time determine. And as a condition to the granting of such permission, the City Manager may require of such applicant security in such form and amount as the City Manager may determine, conditioned that the contemplated work shall be done and performed within such req conable time as the said City Man ager may prescribe, and that the ap- plicant shall repair, and place and maintain in good condition and state l of repair and to the satisfaction of the City Manager, the streets, alleys, l grounds or places, or such portions thereof as may be dug. excavated, al- tered or change by the doing or performance of said proposed work and shall hold and keep the city of Phoenix harmless from or by reason
 of any act or thing done or per formed by such applicant under said permission.
 Section 3. Each person, firm, asso- citation or corporation violating any
 of the provisions of this ordinance shall be guilty of a miSdemeanor, anC
 upon conviction thereof shall be pun ished by a fine of not more thar
 Two Hundred (s2000O Dollars, or b! imprisonment in the city jail for z
 term of not more than two hundred (2OO) days, or by both such fine anC imprisonment.
 Section 4. Whereas, an urgent ne cessity exists for the immediate pas
 sage of this ordinance for the pre-
 servation of the peace. health ant safety of the city, and the preserving to the citizens of the City of Phoeni1
 of their full rights, in and to th' lstreets, alleys, sidewalks, public
 grounds and parks of the city, an( for the proper carrying on of thu city government, an emergency l! hereby declared to exist, and this or dinance is exempted from the refer endum provisions of the city charter and shall be in full force and effec o,, opd aftor itS pa aSSape bV the Com. mission and approval by the Mayor and shall be published as required by the city charter.
 I Passed by the Commission of th' | City of Phoenix, this 18th day O. September, 1914.
 Approved this twelfth day of Sep tember, 1914.