The Department of Transportation of the Commonwealth
of Pennsylvania shall have authority to establish requirements and
issue permits for the opening or tearing up of any part of the improved
surface of those streets, or parts thereof, which are state highway
routes within the Borough and for the maintenance of which the Department
of Transportation is by law responsible.
Fees for the granting of such permits may be
charged by the Department of Transportation of the Commonwealth of
Pennsylvania according to the standard schedule of fees which may,
from time to time, be adopted.
[Amended 10-3-1989 by Ord. No. 921, approved
10-3-1989]
Any person, firm or corporation opening or tearing
up the improved surface of any of the aforesaid streets, or causing
or allowing the same to be done for him, them or it, without having
first obtained a permit from the Department of Transportation of the
Commonwealth of Pennsylvania shall, upon summary conviction before
a District Justice, be sentenced to pay a fine of not more than $1,000
and, in addition thereto, the costs of prosecution and the surface
restoration costs, and in default thereof, such person or persons
or the executive officer of such corporation shall undergo imprisonment
for not more than 30 days.
All fines and restoration charges collected
for the violation of this Part 1 shall be paid into the State Treasury
as provided by law.