(A)   Except as otherwise provided in this section, it shall be unlawful for any person to excavate, dig through or otherwise disturb the pavement of any town street, public sidewalk or similar thoroughfare under town jurisdiction or any curb adjacent to the foregoing without obtaining a permit to do so from the Town Council. A person seeking the permit shall file a written application with the Clerk-Treasurer stating the name and address of the applicant, his or her interest in the matter (for example, property owner, contractor and the like), the nature (including any plans and specifications) and purpose of the proposed work, the location, the approximate time when the work will be done and any other information which the Council may specifically require. The applicant shall also pay to the town, at the time of application, a nonrefundable application fee of $10. The Town Council shall consider the application at its next regular meeting, or, alternatively, the Council may authorize an appropriate officer of the town to act upon and grant or deny the permits without the Council's direct consideration. However, in the latter instance, a denial of the permit by the officer shall be appealable to the Town Council. It is a condition of a permit granted under this section that the applicant be responsible for restoring the affected public property to as good a condition as before the work was performed (as determined by and acceptable to the town), and that the applicant shall be liable to the town for the full costs of so restoring the public property in the event of the applicant's failure to do so. It shall be a further permit condition that the applicant assume all liability for any injury or damages incurred by other persons by virtue of the permitted work and the granting of the permit by the town shall be a purely discretionary act subject to all protections of the town and its several officers and employees under I.C. 34-13-3 and 34-13-4. A special permit is not required under this section for the following activities:
      (1)   Work performed within the right-of-way of a highway under the jurisdiction of the Indiana Department of Highways which has exclusive power to grant permits for such purposes;
      (2)   Work performed by the town or a municipal utility by their employees or by a contractor engaged by them for such purposes;
      (3)   Work performed by a private utility or similar entity when already authorized under the provisions of a general franchise or license;
      (4)   Work involving the auguring under a street, sidewalk or curb for the purpose of running small utility pipe lines or conduits not exceeding six inches nominal diameter and not requiring more substantial excavation nor any disturbance of the overlying pavement.
   (B)   A person who violates any provision of this section shall be liable to a penalty determined by § 10.99 for each violation, in addition to particular damages which may be incurred by the town to make repairs or otherwise remedy any work performed without a permit or contrary to its conditions.
(`86 Code, § 5-2-7) (Ord. 86-C8, passed 8-25-86)