Section 130-2 UNLAWFUL CONSTRUCTION WITHIN PUBLIC RIGHT-OF-WAY

A. It shall be unlawful for any person to break, dig up, bore under or open, or cause to be broke, dug up, bored under or opened any street, road, highway, alley, bridge, sidewalk, trail, or any other public right-of-way or disturb any portion thereof, lying within the Town for any reason, including, but not limited to, the laying or repairing of utility lines or conduits, installation of various appurtenances to such facilities, erecting or removing utility poles, or installation of other public improvements, without having first applied for and obtained a permit to do so from the Director of Planning, or if an issued permit has been suspended or revoked.

B. It shall be unlawful for any person to temporarily restrict access to any street, road, highway, alley, bridge, sidewalk, trail, or any other public right-of-way to make improvements to public or private property without having first applied for and obtained a permit to do so from the Director of Planning.

C. In the event of an emergency that demands immediate action to protect the public health, safety, and welfare, and for which a permit may not be reasonably or practicably obtained beforehand, a person may proceed with appropriate emergency actions, provided that notification shall be given to the Department of Public Works or during non-office hours to the Police Department. In such an event, application for a permit shall be made on the next business day, and such permit, when issued, shall be retroactive to the date when the work was begun. Emergency actions shall be undertaken under the same rules and regulations as required for permits under this section, including, but not limited to, requirements for marking of other utilities and for proper work zone safety.