No water company, gas company, telephone or electric light company
or any person or association of persons shall open and dig up any
portion of either a public road, or a private road; unless for repairs
of an immediate emergency character to safeguard public health and
safety, for any purpose without a written permit from the Village
Clerk of the Village; provided, however, that such company or person
must notify the Village Clerk immediately of such emergency. In the
case of a private road, the Village Clerk shall not issue a written
permit unless either the association which owns the road or the owners
of the road have consented in writing for the Village Clerk to issue
the written permit.
Each applicant for a permit other than a water, gas, telephone or electric light company, before the issue of a permit, shall, in addition to the permit fee, deposit with the Village Clerk the sum set forth in Chapter
A132, Fees, for an opening in a public road to cover the cost of restoration of the road to the condition before opening.
Each water company, gas company, telephone or electric light company, in lieu of the deposit as required in §
106-3 hereof, may execute and deliver to the Village an indemnity bond in the sum set forth in Chapter
A132, Fees, guaranteeing restoration of the roads to the condition before the opening was made and to indemnify the Village against a nonperformance thereof.
After said restoration is made, if the cost has not amounted
to the sum deposited to cover the cost, the balance shall be refunded
by the Village. If the costs exceeds the sum on deposit, the applicant
shall pay such excess amount. A permittee shall notify the Village
Clerk when work has been completed, after which an inspection will
be made by the Village; and upon approval of the work, a release will
be granted to the permittee. Until the granting of such release, the
permittee shall remain liable for proper guarding and protection as
provided herein. No approval or release shall be given by the Village
until a sufficient period of time, not less than 30 days, has expired
in which the completed work may be observed under normal conditions.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding to $1,000 or by imprisonment for a term not exceeding 15
days, or by both such fine and imprisonment. The continuation of an
offense against the provisions of this chapter shall constitute, for
each day the offense is continued, a separate and distinct offense
hereunder.