A. It is unlawful for any person, by or for whom any excavation is made in a public street for any purpose, to fail to cause a rail or other sufficient fence to be placed so as to enclose such excavation, together with the dirt, gravel or other material thrown therefrom, and to maintain such fence during the whole time for which such excavation continues; and it is unlawful for any person to fail to have a lighted lantern or some other proper and sufficient light fixed to some part of such fence, or in some other proper manner over or near the excavation, and over or near the dirt, gravel or other material taken therefrom, and so keep, from the beginning of twilight through the whole of every night during all the time such excavation exists.
B. It is unlawful for any person to maliciously or wantonly, and without a legal cause, to extinguish, remove or diminish a light, or to tear down or remove any rail, fence or barricade fixed in accordance with the provisions of this section.
C. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in any sum not exceeding one hundred dollars ($100.00), or by imprisonment not exceeding one hundred (100) days, or by both such fine and imprisonment. (Prior code § 4-1-1)