It shall be the duty of the person, firm, corporation or public
utility to whom a permit has been issued to protect all openings,
materials and obstructions of any kind in any street or alley by using
approved reflective/illuminated safety devices, which shall remain
in place between sunset and sunrise, and any additional protection
as may be required by the Director of Public Works and/or the Borough
Engineer.
All openings or ditches shall be refilled immediately by the
person, firm or corporation to whom the permit has been issued, with
suitable materials thoroughly compacted. All of the work of the digging
of the ditch or of making the excavation or of filling the same shall
be done under the supervision of the Borough Engineer or of his agent
or representative. Such excavation made in any street or alley shall
be made in a manner so as to interfere as little as possible with
the travel thereon. No ditch or excavation shall be allowed to remain
open for more than two weeks.
A bond with good and sufficient surety to be approved by the
Borough shall be required from all persons, firms or corporations
before any permit is issued. Said bond shall be given to the Borough
of Downingtown, conditioned to indemnify, protect, defend and save
harmless said Borough from any and all actions, suits, damages and
costs that may in any manner arise from the opening of any ditch or
excavation in any street or alley. The amount of said bond shall be
fixed and determined by the Borough, but in no case shall the amount
be less than $1,000.
Any person who shall violate the provisions of this article,
upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced. to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.