Prior to the adoption of Ord. 21153 on 11/21/2011, Section 16-239 read as follows.

    (a)    The following definitions apply to this section:

    "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 ground is 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, state or federal holiday.

    (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 an infraction.