Batesville Code of Ordinances § 13-26 Short title.
Sec. 13-26. - Short title.
This division may be cited as the "Underground Utility Damage Prevention Ordinance."
(Ord. No. 83-194, § 1, 4-3-79)
UNDERGROUND UTILITY DAMAGE PREVENTION
Batesville Code of Ordinances ch. 13, art. II, div. 2
in effectBatesville Code of Ordinances § 13-27 Definitions.
Sec. 13-27. - Definitions.
Certain terms as used in this division shall have the following meanings:
Damage: The substantial weakening of structural or lateral support of an underground utility, penetration or destruction of any protective coating, housing or other protective device of an underground utility, the partial or complete severance of an underground utility and rendering any underground utility inaccessible.
Demolish or demolition: Any operation by which a structure or mass of material is wrecked, razed, rendered, moved or removed by means of any tools, equipment or discharge of explosives.
Excavate or excavation: An operation for the purpose of the movement, placement or removal of earth, rock or other materials in or on the ground by use of mechanized equipment or by discharge of explosives, and including augering, backfilling, digging, ditching, drilling, grading, plowing in, pulling in, ripping, scraping, trenching and tunneling, but not including the tilling of soil for agricultural purposes or the digging of holes for fence posts on private property. Agricultural purposes shall include surface activities, such as plowing, planting and combining, but does not include blasting, setting drainage tiles, subsoiling or other subsurface activities.
Mechanized equipment: Equipment operated by means of mechanical power including trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows and other equipment used for plowing in or pulling in cable or pipe.
Operator: Any person who owns or operates a utility.
Person Any individual; any corporation, Partnership, association, or any other entity organized under the laws of any state; any state; any subdivision or instrumentality of a state; and any employee, agent or legal representative thereof.
Utility: Any line, system or facility used for producing, storing, conveying, transmitting or distributing communications, electricity, gas, petroleum, petroleum products, hazardous liquids, water, steam or sewerage.
Working day: Every day except Saturday, Sunday and national and legal state holidays.
(Ord. No. 83-194, § 2, 4-3-79)
Batesville Code of Ordinances § 13-28 Violation; penalty.
Sec. 13-28. - Violation; penalty.
Any person who violates any provision of this division shall be subject to a fine plus payment of actual losses or expenses caused to the city by such violation. All penalties so recovered shall be paid into the general fund of the city. Nothing in this division shall be construed to modify or repeal existing laws pertaining to the tort liability of any person. This division does not affect any civil remedies for personal injury or property (including underground utilities) damage except as otherwise specifically provided for in this division.
(Ord. No. 83-194, § 10, 4-3-79)
Batesville Code of Ordinances § 13-29 Prerequisites to performing work.
Sec. 13-29. - Prerequisites to performing work.
Except as provided in section 13-32, no person may excavate in a street, highway, public space, a private easement of an operator, or demolish a building without having first ascertained in the manner prescribed in sections 13-31 and 13-33 the location of all underground utilities in the area that would be affected by the proposed excavation or demolition.
(Ord. No. 83-194, § 3, 4-3-79)
Batesville Code of Ordinances § 13-30 Filing requirements of utility operators.
Sec. 13-30. - Filing requirements of utility operators.
(a) Each operator having underground facilities (including those facilities that have been abandoned in place by the operator but not yet physically removed) in the city shall file a notice with the city clerk that such utility company has facilities in the city and shall give the name of the operator and the name, title, address and telephone number of its representative designated to receive the written or telephonic notice of intent required by section 13-31.
(b) Changes in any of the information contained in the list filed under subsection (a) of this section shall be filed by the operator with the city clerk within thirty (30) working days of the change.
(c) The city clerk shall, within one (1) working day, furnish to the person requesting such information, in writing when requested, a list of utility companies having facilities in the city and all other information about those utility companies as outlined in subsection (a). This information shall also include the date, time and name of requesting person.
(d) Operators shall maintain records and drawings of all changes and additions to its underground facilities.
(Ord. No. 83-194, § 4, 4-3-79)
Batesville Code of Ordinances § 13-31 Notice of intent to excavate or demolish.
Sec. 13-31. - Notice of intent to excavate or demolish.
(a) Except as provided in section 13-32, before commencing any excavation or demolition operation each person responsible for such excavation or demolition shall serve written or telephonic notice of intent to excavate or demolish at least three (3), but not more than ten (10) full working days, unless a shorter period is provided by agreement between the person responsible for the excavation or demolition and the operator or designated representative of each operator which has filed a list required by section 13-30 indicating that it has underground utilities located in the proposed area of excavation or demolition.
(b) The written or telephonic notice required by subsection (a) of this section must contain the name, address and telephone number of the person filing the notice of intent, and, if different, the person responsible for the excavation or demolition, the starting date, anticipated duration, and type of excavation or demolition operation to be conducted, the specific location of the proposed excavation or demolition, and whether or not explosives are anticipated to be used.
(c) If the notification required by this section is made by telephone, an adequate record of such notification shall be maintained by the operators and associations notified to document compliance with the requirements of this division, and a copy of this record shall be furnished to the person giving notice of intent to excavate or demolish if requested.
(Ord. No. 83-194, § 5, 4-3-79)
Batesville Code of Ordinances § 13-32 Emergency excavation or demolition.
Sec. 13-32. - Emergency excavation or demolition.
Compliance with the notice requirements of section 13-31 is not required of persons responsible for emergency excavation or demolition, for repair or restoration of service or to ameliorate an imminent danger to life, health or property, provided, however, that such persons give, as soon as practicable, oral notice of the emergency excavation or demolition to each operator having underground utilities located in the area where such excavation or demolition is to be performed and request emergency assistance from each operator so identified in locating and providing immediate protection to its underground utilities. An imminent danger to life, health or property exists whenever there is a substantial likelihood that loss of life, health or property will result before the procedures under sections 13-31 and 13-33 can be fully complied with.
(Ord. No. 83-194, § 7, 4-3-79)
Batesville Code of Ordinances § 13-33 Response to notice of intent to excavate or demolish.
Sec. 13-33. - Response to notice of intent to excavate or demolish.
Each operator or designated representative notified in accordance with section 13-31, not less than one (1) working day in advance of the proposed excavation or demolition (unless a shorter period is provided by agreement between the person responsible for the excavation or demolition and the operator or designated representative), shall furnish the following information to the person responsible for the excavation or demolition:
(1) The approximate location and description of all its known underground utilities which may be damaged as a result of the excavation or demolition;
(2) The location and description of all known utility markers indicating the approximate location of the underground utilities; and
(3) Any other information that would assist that person in locating and thereby avoiding damage to the underground utilities including temporary markings or maps, if required in the judgment of the operator, indicating the approximate location of the underground utility in locations where permanent utility markers do not exist.
For the purposes of this section, the approximate location of underground utilities is defined as a strip of land at least four (4) feet wide but not wider than the width of the utility plus two (2) feet on either side of the utility.
(Ord. No. 83-194, § 6, 4-3-79)
Batesville Code of Ordinances § 13-34 Precautions to avoid damage.
Sec. 13-34. - Precautions to avoid damage.
In addition to the notification requirements of section 13-31, each person responsible for any excavation or demolition operation designated in section 13-29 shall:
(1) Plan the excavation or demolition to avoid damage to or minimize interference with underground utilities in and near the construction area;
(2) Maintain a clearance between an underground utility and the cutting edge or point of any mechanized equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such utility; and
(3) Provide such support for underground utilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such utilities.
(Ord. No. 83-194, § 8, 4-3-79)
Batesville Code of Ordinances § 13-35 Procedure when damage occurs.
Sec. 13-35. - Procedure when damage occurs.
(a) Except as provided by subsection (b), each person responsible for any excavation or demolition operation designated in section 13-29 that results in any damage to an underground utility shall, immediately upon discovery of such damage, notify the operator of such utility of the location and nature of the damage and shall allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of such utility.
(b) Each person responsible for any excavation or demolition operation designated in section 13-29 that results in damage to an underground utility permitting the escape of any flammable, toxic or corrosive gas or liquid shall, immediately upon discovery of such damage, notify the operator, police and fire departments, and take any other action as may be reasonably necessary to protect persons and property and to minimize the hazards until arrival of the operator's personnel or police and fire departments.
(c) During initial excavation, if an underground utility is found to be unsound due to deterioration, the person responsible for excavation shall immediately notify the utility company involved and shall allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of such utility.
(Ord. No. 83-194, § 9, 4-3-79)
Source: City of Batesville, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/batesville/codes/code_of_ordinances?nodeId=COOR_CH13STSI_ARTIIEX_DIV2UNUTDAPRFetched: 10/31/2026