president having jurisdiction shall take immediate steps to prevent such disturbance of the surface of the street, and shall forthwith restore such flagging or pavement, as nearly as may be practicable, to the condition in which it was before such taking or removal as aforesaid, at the expense of the party removing the same, to be recovered as penalties are recovered. (C. O., § 147.) A fee of $5.00 for permit to open pavement is a valid exercise of police power, Buffalo v. Stevenson, 207 N. Y. 258. § 82. Violations. Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (New Brighton Ords., § 6.) Sec. 90. Permit required. ARTICLE 9 EXCAVATIONS § 91. Deposits to cover cost of restoration of pavement. § 92. Restrictions; borough of Richmond. $93. Workmen on excavations. 94. Excavations for public works. 95. Excavations for private purposes. 96. Replacement of pavement. $97. Fees; borough of Richmond. § 98. Enforcement of article. Sec. 90. Permit required.-No water company, gas company, telephone or electric light company, nor any person or association of persons shall be allowed to dig up any street or public place, for any purpose, without a written permit from the president of the borough in which the work is to be done. (C. O., § 148, revised.) § 91. Deposits to cover cost of restoration of pavement. 1. When required. Each borough president, whenever granting a permit for any excavation, opening or disturbance of the pavement of the carriageway of any street or sidewalk thereof, for any purpose whatever, except in cases where such opening, excavation or disturbance shall be directly authorized by law, shall require, of the person by whom or for whose benefit any excavation or opening is to be made, a deposit of such sum as shall be deemed sufficient to cover and pay all the expenses on the part of the department granting the permit, as the case may be, for furnishing such material, doing such work, and taking such means as shall be required to properly restore and secure against sinkage the street and sidewalk, pavement, curb and flagging necessary to be replaced in consequence of making such excavation, opening or disturbance; which deposit shall be a full discharge of all liability and claim against the person making such deposit and payment for the work herein provided for and required of the department aforesaid. (C. O., § 148.) 2. Deposits go to chamberlain. All moneys received as deposits under the preceding subdivision shall be turned over to the chamberlain, who shall keep an account of the same, which shall be separate and distinct from all other funds and accounts whatsoever, and such deposits shall constitute a "Special Fund," in respect to each department separately, which is hereby created and established subject to such payments as hereinafter provided for. (C. O., § 149.) 3. Disbursements from deposits. Such sums as shall be certified by the borough presidents to have been necessarily expended by them for any repaving done, pursuant to this article, shall be paid from the appropriate "Special Fund," upon the requisition of the borough presidents, as the case may be, after examination, audit and allowance of accounts by the finance department, in the same manner that payments are or shall be required by law to be made from the city treasury; provided that the amount so certified and paid shall not exceed the aggregate amount of such "Special Fund." (C. O., § 151.) § 92. Restrictions, borough of Richmond.-The following shall apply to all excavations made in streets in the borough of Richmond: 1. Extent of opening. At the intersection of cross streets, not more than one-half of the width of the street shall be opened at one time; the other half shall remain untouched for the accommodation of traffic until the first half is restored for safe use. (Richmond Ords., §8.) 2. Hydrants and mail boxes. All work shall be so prosecuted as not to interfere with easy access to fire hydrants and United States mail boxes. (Id., §9.) 3. Snow removal. The person or corporation to whom a permit for street opening is granted must remove, within 24 hours, all snow and ice that may fall or form upon the street within 5 feet upon either side of the opening and keep the space free from snow and ice until the opening is properly refilled. (Id., § 21.) 4. Tunnelling. Tunnelling under crosswalks and railroad tracks shall not be allowed at any time. The bridge stones forming crosswalks must be removed and placed out of the way of street traffic, being carefully relaid and thoroughly bedded when the work is completed. (Id., § 7.) $93. Workmen on excavations.-A person to whom consent may be granted, or a permit issued to use or open a street, shall be required, before such consent or permit may be granted or issued, to agree that none but competent men, skilled in the work required of them, shall be employed thereon, and that the prevailing scale of union wages shall be paid to those so employed. No consent shall be granted or permission given until such agreement shall have been entered into, with the department having jurisdiction over the street to be so used or opened, and all such permits hereafter issued shall include therein a copy of this provision. (C. O., § 113a.) § 94. Excavations for public works. 1. Notice to public service corporations. Whenever any sewer, culvert, water main or pipe is to be constructed, altered or repaired in any street in which the pipes, mains or conduits of public service corporations are laid, or whenever any such street shall be regulated or graded, the contractor therefor shall give notice thereof in writing to the said corporations, or to the one whose pipes, mains or conduits are laid in the street about to be so disturbed, regulated or graded, at least 24 hours before breaking ground therefor. This provision shall be included in every contract hereafter made for constructing, altering or repairing any sewer or culvert, water main or pipe, in any street in which the pipes, mains or conduits of public service corporations shall be laid at the time of making such contract, or for regulating or grading any such street. (C. O., §§ 163, 165.) 2. Public service corporations shall protect their property. Public service corporations whose pipes, mains or conduits are about to be disturbed by the constructing, altering or repairing of any sewer, culvert, water main or pipe, or by the regulating or grading of any street, shall, on the receipt of the notice provided for in the preceding subdivision, remove or otherwise protect and replace their pipes, mains and conduits, and all fixtures and appliances connected therewith or attached thereto, where necessary, under the direction of the borough president. (C. O., § 164, as amend. Feb. 9, 1915.) $95. Excavations for private purposes. 1. Notice to public service corporations.-The person by whom or for whose benefit any excavation is to be made in any street, shall give notice, in writing thereof, to any corporation whose pipes, mains or conduits are laid in the street about to be disturbed by such excavation, at least 24 hours before commencing the same; and shall, at his expense, sustain, secure and protect such pipes, mains or conduits from injury, and replace and pack the earth wherever the same shall have been removed, loosened or disturbed, under or around them, so that they shall be well and substantially supported. If any such person shall fail to sustain, secure and protect said pipes, mains or conduits from injury, or to replace and pack the earth under or around them, as the provisions of this section require, then the same may be done by the corporation to whom the same may belong, and the cost thereof, and all damages sustained by said corporation thereby, shall be paid by said person, and, in default thereof, such corporation may maintain an action against him therefor. (C. O., § 166.) · 2. Permits conditioned upon such notice. The provisions of the preceding subdivision shall be made part and a condition of every permit that shall be granted to any person for making any excavation in any street in which the pipes, mains or conduits of any public service corporation shall be laid at the time of granting said permits; provided such corporations or any of them shall secure such permits, or pay a just proportion of the fees therefor. (C. O., § 167, as amend. Feb. 9, 1915.) § 96. Replacement of pavement. 1. General provisions.-Whenever any pavement, sidewalk, curb or gutter in any street or public place shall be taken up, the borough president having jurisdiction shall restore such pavement, sidewalk, curb or gutter to its proper condition as soon thereafter as is practicable, requiring the person or persons by whom or for whose benefit the same is removed to deposit the material composing the superstructure, without breaking or injuring the same, and in a manner which will occasion the least inconvenience to the public; to fill in any excavation made, and to leave the same properly packed, rammed and repaired for any required repaving. Each borough president is hereby authorized to establish such rules and regulations as, in his judgment, shall be deemed necessary for the purpose of carrying out the provisions of this subdivision. (C. O., § 150.) 2. Rock refills. Wherever rock is excavated, not more than one third of the total excavation shall be refilled with the broken stone, which must be in pieces not exceeding 6 inches in their largest dimension, and mingled with clean earth and sand, and restored in such manner as to insure the thorough and compact filling of all spaces. (Richmond Ords., § 6.) 3. Restoration by borough presidents. Whenever any pavement in any street shall be taken up, or any paving stones in a street shall have been removed in violation of the preceding sections, the president of the borough having jurisdiction shall forthwith return such stones to their former places, and shall otherwise restore the pavement, as nearly as may be practicable, to its normal condition. (C. O., § 145.) $97. Fees, borough of Richmond. 1. Restoration of pavement.-Fees for the restoration of pavement shall be paid by the person responsible -for a street excavation in the Borough of Richmond, as follows: a. For areas less than 10 square yards: Restoring granite or other blocks with portland cement joints Restoring concrete pavement, per square yard. proved granite block on sand grouted, per square yard, and $6 30 4 90 3 50 2.80 175 Restoring granite or other blocks of sand with sand joints per square yard.. 1 40 Restoring plain macadam, per square yard. 1 10 Restoring old curb on concrete, per linear foot, and old bridging per square foot.. Restoring new flagstone, per square foot. Restoring cement sidewalk per square foot, and old curb on sand per linear foot. . 70 40 35 20 15 Restoring unpaved streets, per square yard. 2. Areas in excess of 10 square yards. The fees for such excavations in the borough of Richmond shall be such as may be determined by the President of the borough or his representative. The area of surface to be repaved shall in all cases be computed by the president of the borough or his representative, from the diagram in the application as verified or corrected by comparison with the maps and records on file. 3. Inspection of back filling. The fee for the inspection of the back filling of any trench in a street in the borough of Richmond shall be as follows: For trenches not more than 4 feet in depth, nor more than 30 feet in length.. $3.00 For trenches over 4 feet and under 9 feet in depth and not more than 30 feet in length 4 50 For trenches over 9 feet under 15 feet in depth and not more than 30 feet in length. ... 6 00 For trenches of greater dimensions than the foregoing, special charge, as may be determined by the president of the borough, or his representative. Adopted April 16, 1918. Approved April 27, 1918. $98. Enforcement of article. 1. Duties of police.-All policemen shall be vigilant in the enforcement of the provisions of this article, and report through proper channels any violations thereof to the corporation counsel. Policemen, on observing or being informed of the opening of or excavating in any street, shall require the person making such opening or excavation to exhibit the authority or permission therefor; and, if none has been given, or if the exhibition thereof be refused, the officer shall, without delay, make complaint to the corporation counsel and report the same to the president of the borough in which the violation occurs, through the police commissioner. (C. O., § 161.) 2. Violations. Any person who shall violate any provision of this article shall forfeit and pay a penalty of $50, and, in addition thereto shall be liable to pay the expense of repairing or replacing any pavement removed or damaged by him. (C. O., § 148.) ARTICLE 10 HOUSE NUMBERING Sec. 110. General provisions. § 111. Borough presidents to adjust numbering. Sec. 110. General provisions. 1. Requirements.-The owner, agent, lessee or other person in charge of any building in the city upon a street to which street numbers of buildings have been assigned by the president of the borough in which such building is situate, shall cause the proper street number or numbers of such building to be displayed on the fanlight or transom or door or entrance steps or gate or at the nearest practicable point to the entrance of such building, in such manner that the street number or numbers may at all times be plainly legible from the sidewalk in front of such building; provided, however, that so far as the purpose or intent of this section is concerned, the "front" shall be construed as that side of the building which faces the street on which the number or numbers of such building, or premises on which such building is situate, have been allotted, and that the number or numbers shall be displayed on such side of such building or premises. 2. Violation. If the owner, lessee, agent or other person in charge of any building in the city upon a street to which street numbers of buildings have been assigned by the president of the borough in which such building is situate, shall fail to display the proper street number of such building, as provided in the foregoing paragraph, within 30 days after this ordinance shall take effect, the president of the borough in which such building is situate shall forthwith serve such person or persons with a copy of this section, and if after 30 days' service, the owner, lessee, agent or other person in charge of |