No person shall dig up or make an excavation in a public way for the laying, altering
or repairing of a drain or sewer without obtaining a written permit from the board
or officer having charge of the maintenance and repair of sewers in the town in which
such way is situated. Notwithstanding any contrary provision of any local ordinance or by-law, no such
permit shall, except in case of an emergency, be approved or issued by said board
or officer until copies of the notices to public utility companies required by section forty of chapter eighty-two have been filed with said board or officer by the applicant for such permit. Whoever violates any provision of this section shall be punished by a fine of not
more than fifty dollars for the first offense and not less than fifty dollars nor
more than one hundred dollars for any subsequent offense.
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