[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-1965 as Art. V of Ch. III of the Village Ordinances]
Open excavations in the Village of LeRoy used for commercial or industrial purposes shall be enclosed with a substantial fence with suitable gates.
Any other excavations in the Village of LeRoy where water might accumulate or where a danger to persons or property exists shall not be allowed to remain open or in a dangerous condition for a period of more than 30 days; provided, however, that during any period of time where such condition exists, the excavation shall be completely enclosed by a substantial fence not less than five feet in height.
Any property owner, tenant or person having control of property in the Village of LeRoy upon which an excavation exists shall comply with this article.
A violation of this article shall be deemed an offense and shall be punishable by a fine not to exceed $50 or by imprisonment for a term not to exceed 30 days, or both such fine and imprisonment. Each day's violation shall constitute a separate offense.
From and after the effective date of this article, it shall be unlawful for any person, firm or corporation to break the street paving or to make any opening in any street, highway, alley or public thoroughfare in the Village of LeRoy until a permit therefor has been duly issued by the Village Clerk.
Whenever a permit specified in § 98-5 above is desired, the applicant shall apply therefor to said Village Clerk of the Village of LeRoy and pay to him the required permit fee, and such applicant shall also file with said Village Clerk a contingent liability insurance policy insuring said Village of LeRoy against legal liability for damages for injuries to the public in the amounts of $10,000 maximum for each person and $20,000 maximum for each accident, and against legal liability for property damage in the amount of not less than $10,000, and said policy of insurance shall contain a clause stating that it shall remain in full force and effect until the expiration thereof and that it shall not be canceled or terminated for any cause except after 10 days' written notice of such cancellation or termination has been duly served upon said Village of LeRoy, and no permit shall be issued, or be valid if issued, until the above provisions are complied with.
Notwithstanding any provision in this article, permits for installation and connection to sewer systems, and the posting of the necessary bond or undertaking, shall be governed by the rules and regulations established by the Sewer Commission and Board of Trustees of the Village of LeRoy.
Notwithstanding any provision in this article, any public utility corporation shall be governed by the rules and regulations of the Board of Trustees of the Village of LeRoy affecting the breaking or opening of streets.
A violation of this article shall be punishable by a fine not to exceed $100 or by imprisonment for not to exceed 10 days or by both such fine and imprisonment. Each day such violation is continued shall be deemed a separate and distinct violation.