[Adopted 1-7-1929]
[Amended 6-14-1988 by L.L. No. 1-1988]
No person shall be allowed to excavate, open
or dig any trench, ditch or hole in any portion of any street, highway
or public place in the village without first obtaining a permit therefor,
signed by the Mayor. Such permit may be granted to any such person
upon payment of a license fee as set forth from time to time by resolution
of the Village Board of Trustees and upon the following conditions:
The person applying for such permit shall deposit with the Village
Treasurer, where the street, highway or public place has been paved
with brick or other like material, the sum of $100 and in other cases
$25 and sign an agreement contained in said permit, which agreement
shall read as follows:
"Said ____________ (hereinafter called the "licensee")
hereby stipulates and agrees in consideration of the granting of this
license that he or it will not permit or suffer said trench or opening
to remain open longer than is absolutely necessary and required for
the proper doing and performance of the work necessary to be done
and for which this license is granted and that he or it will at all
times keep the same properly and sufficiently guarded against danger
or accident to any person or persons by reason of the same and that
he or it will at all times keep the same well and sufficiently lighted
at night with at least two lanterns and that, when said work is finished,
he or it will at once notify the Street Commissioner and Village Mayor,
in writing, who shall, at the expense of said licensee (to be deducted
from the deposit made at the date hereof), restore said _________________
to as good condition as it was before said work was undertaken, and
said licensee will hold and save the Village of Waverly free, harmless
and protected from all damages in connection with the same or by reason
thereof."
A.
The Mayor, in his discretion, may also require a bond
with sufficient security to indemnify and save harmless the village
for any damage that may be caused to it by reason of the neglect or
default of the person obtaining such permit.
B.
The Board may, on such terms as it shall deem proper,
exempt any public service corporation supplying the village with its
product from the obligation to make the deposit above provided for,
on such corporation agreeing that the cost of restoring the highway
and the paying for any damage resulting to said village may be deducted
from its claims against the village or, if in excess thereof, be recovered
in an action against said corporation.
[Amended 6-14-1988 by L.L. No. 1-1988]
Any person violating any of the provisions of
this article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine not exceeding $250 for each offense
or imprisonment not exceeding 15 days, or both such fine and imprisonment.
