[Adopted 5-11-1915 (Ch. 36 of the 1967 Code)]
A.
Excavating in streets, etc. All persons, firms, corporations
or copartnerships are hereby forbidden to make or cause to be made
any excavations in any of the streets, parks or public places in the
City of Norwich, New York, unless such person, firm, corporation or
copartnership shall have first filed with the Chamberlain of the City
of Norwich, New York, a bond which shall have been approved by the
Common Council, in such sum as it shall determine, guaranteeing the
proper replacing and maintaining of such street, park or public place
for a period of one year. Said bond shall also guarantee that, upon
due notice from the Council that repairs are necessary at any point
where excavations have been made, such repairs shall be made within
a period of 12 hours or the same will be made by the Code Enforcement
Officer, and the expense thereof shall be paid by the party who caused
such excavation to be made.[1]
B.
Every person, firm, corporation or copartnership shall
further be required to make application for and obtain a written permit
signed by the Mayor or City Chamberlain before any excavation shall
be made.
[Amended 6-14-1938]
Whenever any public street within said City
is in process of construction, or whenever any excavation is being
made in such street, it shall be the duty of the person performing
the work to place and maintain such sufficient guards, including red
lights and/or flares or suitable warning devices in the nighttime
about such construction or excavation, as to secure public safety
until said street is ready for public use, and such guards and lights
shall in all respects, including kind, manner and location, be subject
to the approval of the Common Council.
[Amended 6-14-1938[1]]
Any person who shall make any excavation adjacent
to and within four feet of the boundary line of any public street
or place within said City shall erect sufficient barriers between
said street and said excavation to secure public safety, and at all
times during the night shall keep lighted red lights and/or flares
or suitable warning devices upon said barriers in such a manner as
to give warning thereof. It shall be the duty of any person making
such excavation to notify the Code Enforcement Officer of the same,
and said person shall comply with any direction which said Code Enforcement
Officer may give relative to the same.
[Amended 6-14-1938[1]]
In case of the failure of any person to properly
barricade and light any excavation or construction, as herein provided,
the Code Enforcement Officer may place such barriers and lights at
the expense of the person so in default, or of the owner of the property
for whose benefit said excavation or construction is being made. No
unauthorized person shall remove, mutilate or interfere with any lights,
flares, danger signals or any street sign, or any monument placed
to locate the line of any public street, sidewalk or public improvement
with the said City.
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction thereof,
unless some other punishment be hereinbefore provided, be subject
to a penalty of not more than $250 or imprisonment for not more than
15 days, or both.
