(A) No person other than a person performing public works as authorized by the town, a person who has been granted a private entrance construction permit, a person who has been granted a sewer connection permit or the person so authorized under the provisions of any general franchise granted by the town, shall cut through, make a ditch or auger under the surface of any public street, alley or public sidewalk under the jurisdiction of the town without obtaining the consent of and permit from the Town Council. A non-refundable permit application fee of $50 shall be paid to the town at the time application is made. The Town Council may require, as a condition of the permit, that:
(1) The applicant file a performance bond of the town sufficient to cover all costs to the town, should the applicant fail to restore any affected town property to a satisfactory condition acceptable to the town following completion of the work; and/or
(2) The applicant obtain liability insurance with the town as named insured, against property damage, personal injury or death arising out of the permitted work in such amounts as deemed necessary by the Council, but not to exceed any amounts for which the town might be liable under the provisions of IC 34-13-3-4; and/or
(3) The applicant or person performing the work as agent of the applicant, erect and maintain the barriers and warnings as the Council deems necessary to safeguard the public; and/or
(4) Any other conditions and requirements as the Council may deem necessary or desirable and sees fit to stipulate as a condition of granting the permit.
(B) Any person to whom this section applies and who performs or causes to be performed any work as herein described without a permit or in violation of the stipulated conditions of the permit shall be liable to a fine of not less than $100 nor more than $500 and shall also be liable to the town for any costs incurred to satisfactorily restore any affected public property and to restitute any other liabilities suffered by the town which arise out of any work performed without the required permit.
('85 Code, § 8-10-2) (Ord. 1985-C32, passed 9-24-85; Am. Ord. 1990-2, passed 9-25-90)
Cross-references
Authority to require erection and maintenance of traffic control signs at private entrances and exits at town streets, see § 70.16.
Sewer connection permit required; application; procedure and requirements, see § 50.022