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It shall be the duty of every person engaged in digging in any street, or in paving any street, or in building any sewer or drain or trench for water pipes in any of the public streets, under a contract with the city made through any of the departments of the city, or by virtue of any permission which may have been granted by the city council or any department, or either of them, where such work if left exposed would be dangerous to persons traveling on such streets, to erect a fence or railing at such excavations or work in such a manner as to prevent danger to persons who may be traveling such streets, and to continue to maintain such railing or fence until the work shall be completed or the obstruction or danger removed.
It shall be the duty of such person to place upon such railing or fence, at sunset, suitable and sufficient lights and to keep them burning throughout the night during the performance of such work.
The provisions of this section shall apply to every person who shall place building materials in any of the public ways; or be engaged in building any vault or constructing any lateral drain from any cellar to any public sewer; or who shall perform any work causing obstructions in the public streets, by virtue of any permit from any executive department; and to all city officers and employees performing any work in behalf of the city whereby obstructions or excavations shall be made in the public ways.
All railings or fences erected on public ways for the protection of the public shall be erected and maintained to the satisfaction and approval of the commissioner of transportation.
Any person violating the provisions of this section shall be subject to a penalty of not less than $200.00 nor more than $500.00 for each offense. Each day that such violation continues shall constitute a separate and distinct offense.
(Prior code § 33-52; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 57; Amend Coun. J. 11-8-12, p. 38872, § 183)