It shall be unlawful to make any excavation in any portion of a street or sidewalk in the village which is paved with a concrete or asphalt paving. Where necessary, and where a proper permit has been secured, tunnels may be driven or excavated under any pavement; provided that, upon completion of the work involved, the tunnel shall be backfilled with compacted sand.
(`92 Code, § 33-4-10) Penalty, see § 10.99