No opening shall be made in the surface of any improved street which is maintained by the Department of Highways under the authority of this act until and unless a permit has been obtained for such opening from the Department of Highways. Any person, firm or corporation opening the improved surface of any street or highway without having first obtained a permit as hereinbefore provided shall, upon summary conviction before a magistrate, be sentenced to pay a fine of not more than twenty-five dollars ($25), and in addition thereto the costs of prosecution and surface restoration charges and in default of the payment thereof, shall undergo imprisonment for not more than five days.