(A) Any person installing, building, constructing, repairing or replacing any pipe, conduit, lines, cable or any other conveyances for any utility on any public property must first obtain a permit from the town.
(B) Such permit shall be in writing and shall be issued after an affirmative vote of Town Council.
(C) The Town Council may grant such permit only after receiving proof that such person has in full force and effect liability insurance of not less than $250,000 insuring against personal injury or death to any one person, $100,000 insuring against property damage and $50,000 insuring against personal injury or death out of any one incident.
(1) Such permit will also contain a provision whereby the person applying therefore agrees to indemnify and hold harmless the town, its officers, agents, servants and employees from any liability, injury, damage, loss, attorneys fees and out-of-pocket expenses as a result of any acts or omissions of any person with regard to the activities being conducted pursuant to such permit and agreeing to place and restore any public property damaged or destroyed due to such acts or omissions in as good or better condition as such property was in before any work was performed pursuant to such permit.
(2) Such permit shall also require that such person to take all necessary precautions to protect the public who may be on such public property from any injury, loss or damage as result of the work being performed pursuant to such permit.
(3) Such permit shall state that any such utility is acting as an independent contractor.
(D) In addition, the Town Council may impose any reasonable term, condition and/or requirement upon such permit as necessary to protect the town and the public property within its limits.
(E) Any person installing, building, constructing, repairing or replacing any pipe, conduit, lines, cable or any other conveyance without first obtaining a permit as required herein, or who violates any term, condition or requirement of such permit, is guilty of a misdemeanor and may be punished as provided herein.
(F) Any person installing, building, constructing, repairing or replacing any pipe, conduit, lines, cable or any other conveyance on public property for a utility must cover or bury the same with at least 30 inches of top soil.
(G) Any utility line crossing of any roadway will require boring. Cutting of roadway is not permitted.
(Ord. 86-65, passed 1-21-1986) Penalty, see § 50.99