Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-239 Notice of intent to excavate; One Call System.
(a) The following definitions apply to
"Emergency" means either:
(1) A sudden, unexpected occurrence,
presenting a clear and imminent danger demanding
immediate action to prevent or mitigate loss or damage to life, health, property, or essential
public services. "Unexpected occurrence" includes, but is not limited to, thunderstorms, high
winds, ice or snow storms, fires, floods, earthquakes, or other soil or geologic movements, riots,
accidents, water or wastewater pipe breaks, vandalism, or sabotage; or
(2) Any interruption in the generation,
transmission, or distribution of electricity, or any
damage to property or facilities that causes or could cause such an interruption.
"Excavation" means any operation in which earth, rock or other material in or on the
moved, removed or otherwise displaced by means of any tools, equipment or explosives and
includes, without limitation, backfilling, grading, trenching, digging, ditching, drilling, well-
drilling, augering, boring, tunneling, scraping, cable or pipe plowing, plowing-in, pulling-in,
ripping, driving, and demolition of structures, except that, the use of mechanized tools and
equipment to break and remove pavement and masonry down only to the depth of such pavement
or masonry, the use of pressurized air to disintegrate and suction to remove earth, rock and other
materials, the tilling of soil for agricultural or seeding purposes, and the installation of marking
flags and stakes for the location of underground facilities that are not driven shall not be deemed
excavation. Backfilling or moving earth on the ground in connection with other excavation
operations at the same site shall not be deemed separate instances of excavation.
"Notification center" means Missouri One Call System, Inc. or any other statewide
organization formed as a notification center under the Underground Facility Safety and Damage
Prevention Act, sections 319.010 through 319.050 R.S.Mo.
"Working day" means every day, except Saturday, Sunday or a legally declared local,
(b) Except in the event of an emergency,
no person shall engage in any excavation activity
unless the person has served notice of intent to excavate to the notification center by toll-free
telephone number, by facsimile or by completing notice via the Internet at least two working
days, but not more than ten working days before beginning excavation. The notice required
under this section shall comply with the requirements of Missouri law.
(c) A violation of this section is
(Ord. No. 21153, § 1, 11-21-11)
(Ord. 21153, Amended, 11/21/2011, Prior Text)