In the event of a sudden and emergent break of any water, sewer,
gas, oil or other underground line or facilities which endangers the
life, health or safety of the public or where immediate repair is
imperative to prevent loss or damage to streets or property or discontinuance
of service, it shall not be necessary to obtain a permit before commencing
such repair or before opening the surface of the street. The making
of any such opening or excavation shall be reported to the Police
Department and to the Borough Clerk within 24 hours thereafter, and
an application for a permit therefor shall be made within 48 hours
thereafter.
A permit as described herein shall be required for any tunneling
under the surface of any street for any purpose whatsoever, regardless
of whether or not it involves an opening in the surface of the street.
Any such tunneling shall not be commenced or undertaken until the
Borough Engineer has recommended in writing to the Superintendent
of Public Works that it be permitted, and such shall be accomplished
only under the supervision of the Borough Engineer, whose services
shall be paid for by the applicant.
Where the excavation is to extend the full width of the road,
only one-half (1/2) of it shall be made at one time and shall be backfilled
before the other half is excavated so as not to interrupt traffic.
The excavation and backfilling shall be made within seven days.
The permittee shall be under a duty to properly guard the excavation
and stored materials and equipment by the erection of suitable barriers
by day and approved-type lights or flares by night. He shall be liable
for any neglect to safeguard the traveling public.
The Superintendent of the Department of Public Works or such
other officer as the Mayor and Council may designate shall:
A. Ascertain whether the permits required by this ordinance have been
issued.
B. Supervise all excavations and backfilling.
C. Report all violations of this ordinance to the Police Department.
Any person violating any of the provisions of this ordinance
shall, upon conviction, be punished either by imprisonment in the
county jail, or in any place provided by the municipality for the
detention of prisoners, for any term not exceeding 90 days or by a
fine not exceeding $200.00, or both, in the discretion of the court.
In default of the payment of any fine imposed under this ordinance,
any person convicted of a violation hereof may, in the discretion
of the court by which said person was convicted, be imprisoned in
the county jail or place of detention provided by the municipality
for any term not exceeding 90 days.
All ordinances and parts of ordinances inconsistent herewith,
to the extent of such inconsistencies, be and the same are hereby
repealed.
If for any reason any section or any part of a section, paragraph
or provision of this ordinance shall be questioned in any court and
shall be held to be unconstitutional or invalid, the same shall not
be held to affect any other section nor any part of a section, paragraph
or provision of this ordinance.
This ordinance shall take effect upon due passage and publication
according to law.