The full responsibility and liability for damages arising from the creation of any tunnel, excavation, trench or other opening shall be that of the permit holder, who shall at all times keep the tunnel, excavation, trench or other opening properly guarded and enclosed so as to ensure the safety of persons and vehicles using the street, alley or roadway. This responsibility shall continue until permanent replacement of the surface of the street, alley or roadway is made. This responsibility shall include the cost of defense of all lawsuits and settlement and payment of any and all claims, actions or judgments for damage to persons or property arising out of the creation and maintenance of such tunnel, excavation, trench or other opening.
(Ord. 304-66. Passed 12-14-66.)