From and after the passage of this Article,
the Department of Highways of the Commonwealth of Pennsylvania shall
be, and the said Department hereby is given, exclusive authority to
grant all permits for the opening or tearing up of any part of the
improved surface of those certain borough streets, or parts thereof,
which are continuations of state highway routes in the borough and
for the maintenance of which the Department of Highways is by law
responsible.
Fees for the granting of such permits may be
charged by the Department of Highways of the Commonwealth of Pennsylvania
according to the standard schedule of fees which may from time to
time be adopted.
[Amended 12-30-1975 by Ord. No. 174, approved 12-30-1975; 9-6-1988 by Ord. No.
217]
Any person, firm or corporation opening or tearing
up the improved surface of any of the aforesaid streets or causing
or allowing the same to be done for him, them or it, without having
first obtained a permit from the Department of Highways of the Commonwealth
of Pennsylvania, shall, upon summary conviction before a District
Justice, be sentenced to pay a fine of not more than six hundred dollars
($600.) and, in addition thereto, the costs of prosecution and the
surface restoration costs, and in default thereof, such person or
persons or the executive officer of such corporation shall undergo
imprisonment for not more than five (5) days.
All fines and restoration charges collected
for the violation of this Article shall be paid into the State Treasury
as provided by law.