§ 152.40  PERMIT REQUIREMENTS.
   (A)   Required. It shall be unlawful for any person to break, excavate, tunnel, undermine or in any manner affect the surface or base of any street or to place, deposit or leave upon any street any earth or any other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excavation permit therefor from the Superintendent of Streets.
   (B)   Streets and sidewalks.
      (1)   No person shall make any excavation in any street, land or alley or remove any pavement or other material from any street or improvement thereon without first, obtaining a permit from the Superintendent of Streets or other authorized representative of the town.
      (2)   No person shall excavate any sidewalk without first obtaining a permit from the Superintendent of Streets or other authorized personnel.
   (C)   Franchise; public utility.
      (1)   Nothing contained in this subchapter shall be construed to waive the franchise required for any person by town ordinances or laws of the state.
      (2)   Any public utility regulated by the state or holding a franchise from the town which, in the pursuit of its calling, has frequent occasion to open or make excavations in streets, may, upon application, receive a general permit from the town to cover all excavations such utilities may make within the streets of the town.
(Prior Code, § 7-3-1)  Penalty, see § 10.99