[HISTORY: Adopted by the Board of Trustees of the Village
of Boonville 7-5-1950 (Ch. 28
of the 1971 Code). Amendments noted where applicable.]
Unless acting under a contract with the Village, it shall be
unlawful for any person, other than a duly authorized Village official
or employee in the course of his employment, to make or cause, or
permit to be made, any excavation or opening in or under any sidewalk
or in or under the pavement of any street, alley or other public place
within the limits of the Village without first having obtained or
having in force a permit to do so as herein provided; in an emergency
arising out of office hours, at night, Sundays or legal holidays,
when an immediate excavation may be necessary, the same shall be reported
to the police force, which shall grant permission to make the excavation
upon the express condition that the application shall be made in the
manner herein provided on the next succeeding business day.
A.
In the permit granted, every applicant shall agree to indemnify and
protect the Village against all loss, personal injury or damage by
reason of any such excavation or opening. Such work shall be expeditiously
conducted from the time the permit is granted until the designated
repairs are completed.
B.
All excavations or opening on streets or sidewalks shall be covered
and closed without unreasonable delay and shall be left in a permanent
and safe condition in accordance with the directions of the Public
Works Superintendent.
[Amended 12-29-1971]
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine not exceeding $250 for each
violation. In addition, each violation of this chapter shall constitute
disorderly conduct, and each person violating the same shall be a
disorderly person. Each day that a violation or failure to comply
with any provision of this chapter or any regulation promulgated hereunder
by the Board of Trustees occurs shall constitute a separate and distinct
violation.
