§ 50-32. Power and control over place of improvement.

(a)

Generally; penalty.

(1)

Whenever any person shall enter into a contract with the city for the improvement of any street, alley, sidewalk or other kind of public improvement whatsoever, such person shall have, and is hereby granted, exclusive power and control over the place of improvement during the period of construction thereof and may prohibit and prevent all persons, animals and vehicles whatsoever from passing, or driving or riding, on or over any part thereof, and to that end, may close and erect barriers across, around or about such place of improvement.

(2)

Any person violating or causing a violation of this subsection (a), without the consent of such contractor, shall, upon conviction, be guilty of an offense, and in addition, shall be liable to pay such contractor a penalty in an amount equal to five times the damage or injury done to such public improvement, to be recovered by such contractor in an action at law.

(b)

Opening work to public. It is hereby made the duty of each contractor referred to in this section to carefully examine each and all such public improvements so contracted for by him from time to time and to remove all such barriers and obstructions across, around and about such place of improvement, and to open such place of improvement to the public at as early a date as the condition of such work shall permit without injury thereto, and any such contractor failing, refusing or neglecting to do so shall, upon conviction, be guilty of an offense.

(Code 1974, § 13-14)