No person shall, without a permit in writing from the commissioner of transportation, place any shaft, cable, pipe, main, conduit, wire or other transmitting or conducting device underneath the surface of any public way in the city by driving the same through the earth underneath the surface of any such public way, or by boring or tunneling under any such public way.
Any person may tunnel under stone or concrete sidewalks which do not exceed six feet in width for the purpose of installing sewer drains not to exceed six inches in diameter; provided, that a permit in writing shall be obtained from the commissioner of transportation for such purpose.
The commissioner of transportation is authorized to remove, cause the removal or cut out all shafts, cables, pipes, mains, conduits, tubes, wires or other transmitting or conducting devices at any time laid or placed underneath the surface of any public way in violation of the provisions of this section.
(Prior code § 33-6; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 17; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)