All persons desiring a permit in order to make an opening in any street or sidewalk, as set forth in §
143-1, shall make written application therefor, which application shall show the location of the proposed opening, the purpose therefor and the approximate number of square yards of surface to be cut.
It shall be unlawful for any person to grade, pave, light, clean
and otherwise improve, at the expense of the town, any street hereafter
dedicated to the public by the owner of private property, unless the
same shall have been granted a permit by the Council and under its
direction laid out by the Town Superintendent.
Any person, firm or corporation obtaining a permit as provided for in §§
143-1,
143-2 and
143-3 agrees, as a condition of the issuance of the permit, to indemnify and hold harmless the town against any claims or expenses, including attorney's fees for bodily injury or property damage for accidents or occurrences arising out of the person's operations.
When any part of any street, sidewalk, alley or other public
place of the town shall be torn or dug up for any purpose, the person,
firm or corporation making such excavation or opening shall have the
duty of refilling the excavation or opening so as to restore it to
essentially the same condition that existed prior to the excavation
or opening, and such refilling shall be done in accordance with the
standards and specifications issued by the Town Superintendent. Any
person, firm or corporation, neglecting, refusing or failing to comply
with any provisions of this section shall be guilty of a violation
thereof, and where such neglect, refusal or failure is continued,
after notice from the Town Superintendent, every day's continuance
thereafter shall constitute a separate and distinct offense.
It shall be unlawful for any person, firm or corporation who
obtains a permit under the sections of this chapter to do any excavation
or work of any kind which may create or cause a dangerous condition
in or near any street, alley, sidewalk or public place of the town
without placing and maintaining proper guardrails and signal lights
or other warnings at, in or around the same, sufficient to warn the
public of such excavation or work, and to protect all persons using
reasonable care from injuries on account of same.
All excavations and work in the streets, sidewalks, alleys or
public places of the town shall be under the supervision and control
of the of Town Superintendent, whose duty it shall be to inspect the
same from time to time during the progress thereof. Upon completion
thereof, the Town Superintendent shall make a final inspection and
see that the street, sidewalk or public place is restored to a condition
as good in all respects as before the excavation or work was made
or done, and that all debris, materials, tools and equipment are removed
therefrom. Any person refusing or failing to comply with any provision
of this section shall be guilty of a violation thereof, and where
such failure or refusal is continued after notice from the Town Superintendent,
every day's continuance shall constitute a separate and distinct
offense.
It shall be an offense for any person to fail to abide by this
article, and any person found guilty thereof shall be subject to a
fine not to exceed $500. Each day any violation of this article shall
continue shall constitute a separate offense.