(A) The permittee shall not interfere with any existing utility without the written consent of the President of the Council members and the owner of the utility. If it becomes necessary to relocate an existing utility, this shall be done by its owner. No facility owned by the town shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately-owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain, and protect them under, over, along, or across said work. The permittee shall secure approval of method of support and protection from the owner of the utility.
(B) In case any of said pipes, conduits, poles, wires, or apparatus should be damaged, and for this purpose pipe coating or other encasement of devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged utilities shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee. It is the intent of this division (B) that the permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such utility damage and such assumption of liability is a contractual obligation of the permittee, the only exception will be such instances where damage is exclusively due to the negligence of the owning utility. The town shall not be made a party to any action because of this section. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.
(1993 Code, Title V, Art. 1, § 15) Penalty, see § 151.99