Unless acting under a contract with the town, it shall be unlawful
for any person, other than a duly authorized town official or employee
in the course of his employment, to make or cause or permit to be
made any excavations or opening in or under the surface or pavement
of any street, road, sidewalk or other public place within the town
or to construct, reconstruct, repair, alter or grade any driveway
or street on the public streets without first obtaining and having
in force a permit to do so. Such permit shall be issued by the Highway
Superintendent's Office.
Any person making or causing to be made any excavation or opening
in any street, road, sidewalk or other public place or within 25 feet
of the line of any street shall, between sunset and sunrise on every
night that the same remains open or danger exists therefrom, keep
such excavation or opening fenced and barricaded with substantial
barriers to assure public safety and adequate warning lights placed
so as to properly warn all persons of such excavation or opening and
all obstructions. No unauthorized person shall remove or interfere
in any way with any such lights, danger signs or any such barriers.
Pavement must be cut or sawed before digging so that there are no
jagged edges. If the person who made the excavation fails to provide
adequate protection, the town may perform such services and charge
same to such person.
No change in grade shall be made on any town street or road.
It shall be the duty of any person who is making an opening
in the town streets or roads to first call the Town Highway Superintendent.
No permits will be issued from October 15 to April 1 unless
a specific need arises and special permission is granted.
Any person or persons, firm or corporation violating any of
the provisions of this Article shall be guilty of a violation, punishable
by a maximum fine not exceeding $250 or by imprisonment for not more
than 15 days, or by both, and shall be subject to a further penalty
for the continuance of each such violation of $250 for each day any
such violation is permitted or allowed to continue after an order
directing the discontinuance thereof has been made by the court having
jurisdiction of the proceedings.