[Amended 2-11-2021 by Ord. No. 2021-01]
Any person desiring to dig up, tear up, tunnel
under, 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 work.
A.
All applications to dig up, tear up, tunnel under
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 Town Manager. 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 Town. Each of the permit applications
shall state:
[Amended 2-11-2021 by Ord. No. 2021-01]
(1)
The street, alley or other public way to be dug up,
tunneled under or repaired.
(2)
The time for which such permit is desired.
(3)
The admission of the responsibility of the applicant
to the Town for the complete restoration of the street, alley or other
public way to be dug up, torn up, tunneled under or repaired.
B.
A standard fee shall be charged for each permit issued.
[Amended 2-11-2021 by Ord. No. 2021-01]
A.
Whenever any person, excluding all departments of
the Town, shall receive a permit to dig up, tear up, tunnel under
or repair any street, alley or other public way in the Town, the person
receiving such permit shall be obligated 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, tunneled
under or repaired. Restoration of streets, alleys and rights-of-way
to the Town's satisfaction shall satisfy the above obligation.
B.
The Mayor and Council, at their discretion, may require
any applicant to furnish security in a form and amount acceptable
to the Mayor and Council 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.
[Amended 2-11-2021 by Ord. No. 2021-01]
Any person, including all officers and employees
of the Town, who has obtained permission to dig up, tunnel under 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; 2-11-2021 by Ord. No. 2021-01]
Violations of this article shall be punishable
as a municipal infraction. Violators shall be subject to a fine not
to exceed $250. Repeat offenders may be assessed a fine not to exceed
$500 for each offense.
