No person, firm or corporation, including public
service companies and municipalities other than Cuba Village, shall
make any excavation in any street or highway in Cuba Village for any
purpose without first obtaining a permit therefor from the Superintendent
of Public Works as hereinafter provided.
The Superintendent of Public Works may require
any person making a highway excavation pursuant to a permit granted
hereunder to give notice of such excavation to public service companies
or municipal districts having lines, mains or other property in the
streets, and when such notice shall have been required, no work shall
be commenced or done under such permit until such required notice
has been fully complied with to the satisfaction of the Superintendent
of Public Works.
Any person making an excavation covered by this
article shall erect suitable barriers or guards for the protection
of persons using the streets or sidewalks and, in addition thereto,
shall set up and maintain during the hours of darkness sufficient
lights or flares to properly illuminate the area. He/she shall also
take all necessary precautions for the protection of the property
of the Village, of public service companies or municipal districts
and of others which may be endangered by such excavation or the work
incident thereto and shall comply with all directions given by the
Superintendent of Public Works with respect to such barriers, lights,
flares and protective measures.
Any person committing an offense against any
provision of this article shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense shall constitute, for each day the offense is continued,
a separate and distinct violation.