Any person desiring to dig up, tear up, destroy or repair any of the streets, alleys or other public ways of the Town shall first obtain a written permit from the Mayor and Council to do so. Such permit shall prescribe the situs, manner and duration of excavation.
All applications to dig up, tear up or disturb any street, alley or other public way in the Town for the purpose of laying pipes of any kind or repairing the same, or for any purpose whatsoever, shall be in writing. They shall be made in triplicate and submitted to the Superintendent of Public Works. Each of the three applications shall be signed by the person or department seeking the permit. After the permit has been issued, one copy shall be returned to the applicant and two copies shall be retained by the Mayor and Council. Each of the permit applications shall state:
A standard fee shall be charged for each permit issued.
Whenever any person, excluding all departments of the Town, shall receive a permit to dig up, tear up or repair any street, alley or other public way in the Town, the person receiving such permit shall obligate himself to pay to the Town the sum of money equal to the cost of a complete restoration of the street, alley or other public way of the Town so dug up, torn up or repaired. Satisfactory restoration of streets, alleys and rights-of-way shall satisfy the above obligation.
The Mayor and Council, at their discretion, may require any applicant to furnish a good and sufficient indemnity bond to indemnify the Town against loss or any default or negligence of such applicant in the exercise of the activities authorized by any such permit or for any default in payment of the costs of restoration.
Any person, including all officers and employees of the Town, who has obtained permission to dig up or disturb any of the streets, alleys or other public ways of the Town is required to take all proper measures to assure the safety of passing vehicles and pedestrians from loss of life or injury to person or property by the erection of a fence or barrier by day and, in addition thereto, by displaying one or more flashers at night at the portion or portions left open and also at every street crossing on the line of work when the same may be left open.
[Amended 5-5-1994 by Ord. No. 94-4]
Violations of this article shall be punishable as a municipal infraction. Violators shall be subject to a fine not to exceed $100. Repeat offenders may be assessed a fine not to exceed $200 for each offense.