Sec. 82-1. Penalty.
Any person who shall violate any provision of this chapter or any order, rule or regulation made under this chapter shall be subject to a penalty as provided in section 1-11.
Sec. 82-6. Street and sidewalk excavations and openings.
(a) Permit required. No person shall make or cause to be made any excavation or opening in any street, alley, highway, sidewalk or other public way within the village without first obtaining a permit from the
clerk.
(b) Fee. The fee for a street opening shall be as established in chapter 62 and shall be paid to the treasurer, who shall issue his receipt.
(c) Bond.
(1) Before a permit for excavating or opening any street or public way may be issued, the applicant shall execute and deposit with the clerk an indemnity bond approved by the president in the sum of $10,000.00, conditioned that he will indemnify and save harmless the village and its officers from all liability for accidents and damage caused by any of the work covered by his permit; fill up and place in good and safe condition all excavations and openings made in the street and will replace and restore the pavement over any openings he may make as near as can be to the state and condition in which he found it; keep and maintain the pavement in such condition, normal wear and tear excepted, to the satisfaction of the street commissioner for a period of one year; pay all forfeitures imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the board; and will repair any damage done to the existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the village. Such bond shall also guarantee that if the village shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the street for one year.
(2) Recovery on such bond for any accident, injury, violation of law, ordinance, rule or regulation shall not exhaust the bond; but it shall cover any and all accidents, injuries or violations during the period of excavation for which it is given.
(3) An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified in this subsection and in the amount determined by the board as necessary to adequately protect the public and the village.
(d) Insurance. Prior to the commencement of excavation work, a permittee shall furnish the clerk satisfactory written evidence that he has in force and will maintain during the life of the permit and the period of excavation a public liability insurance policy with limits not less than the amounts specified in chapter 62.
(e) Regulations governing street and sidewalk openings.
(1) Frozen ground. No opening in the streets or sidewalks for any purpose shall be permitted when the ground is frozen except where necessary as determined by the street commissioner.
(2) Existing underground utilities. Any person opening any street, alley, highway, sidewalk or other public way within the village shall notify the street commissioner; all telephone, gas, electric, water and sewer utilities; and others who maintain underground utilities; sufficiently in advance of the proposed construction so that they may locate, uncover or disclose such work.