[Adopted 6-6-1977 by Ord. No. B-2]
[Amended 9-8-1998]
If any person or persons, business, association or corporation shall obstruct any street, road crossing, public lane, alley, sidewalk, footwalk, pavement, gutter or drain within the limits of the Town of Middletown by placing or leaving thereon or therein any earth, stone, bricks, ashes, rubbish, lumber, board, wood, boxes, barrels, personal property, chattel, goods or other obstructions except trash receptacles without the consent in writing of the Mayor and Council of Middletown or the Chairman of the Street Committee, such person or persons or corporations shall forfeit and pay a fine as provided in § 146-7 and costs, including the cost of removing said obstructions.
[Amended 9-8-1998]
A. 
From and after the passage of this article, no contractor or builder or other person or persons or corporation shall make any excavation on any portion of the streets, lanes, alleys, footwalks or pavements within the Town of Middletown without having obtained consent of the Mayor and Council of Middletown or the Chairman of the Street Committee, which consent shall be in writing and filed with the Clerk of the Council of Middletown, and upon failure to comply with this article, such contractor or builder, person or persons or corporation shall forfeit and pay a fine as provided in § 146-7 and costs for each offense.
B. 
Nothing in this section shall require such consent before opening or excavating the bed of any such street or highway for the purpose of repairing any pipes, wires or other conductors therefor lawfully laid or placed in such street or highway.
[Amended 9-8-1998]
From and after the passage of this article, all contractors, builders or other person or persons or corporations who shall have received consent as required by this article of the Town of Middletown to make excavations on any portion of the streets, lanes, alleys, footwalks or pavements of the Town of Middletown, or place any obstruction thereon, shall place at each end of such excavation or obstruction a red lantern to be lighted and kept burning from sunset to sunrise and shall further surround and enclose such excavations and obstructions with proper safeguards so that the same shall be secure from accident, and upon failure to comply with this article, such contractor, builder or other person or persons or corporation shall forfeit and pay a fine as provided in § 146-7 and all costs of each offense and shall be liable to the Mayor and Council of Middletown for any damage it may suffer by reason of his, her or its neglect to comply with this article.
Any private drain across or through any pavement or footwalk in the Town of Middletown shall be constructed and maintained under the direction of the Street Committee of the Mayor and Council of Middletown and when constructed as an open drain shall not exceed two inches in depth and when of greater depth they shall be covered so as to preserve the level of the pavement or footwalk.
[Added 9-8-1998]
Violations of this article shall be punishable by a fine of $25 per offense, each day being a separate offense.