[Adopted 8-18-1986 as Ch. 27 of the 1968 Code]
All persons and corporations are hereby forbidden
to open or excavate any street or highway in the Village of Hudson
Falls, New York, without a written permit authorizing the opening
or excavating of such street or highway.
Said permit shall be issued by the Village Clerk
following the granting thereof by the Board of Trustees, except in
cases of real emergency, in which said cases the Street Commissioner,
with the Mayor's approval, is hereby authorized to issue such permit,
his action to be subsequently approved by said Board of Trustees.
[Amended 3-16-1992 by L.L. No. 4-1992]
The issuance of permits to open or excavate
any street or highway shall be conditioned upon the advance payment
by the permittees of the cost of reconditioning such street or highway
and the replacement thereon of paving, when removed. Such cost shall
be estimated by the Street Commissioner. The person or corporation
opening a street shall restore it to its original condition within
20 days.
[Amended 3-16-1992 by L.L. No. 4-1992; 8-14-2000 by L.L. No.
9-2000; 10-12-2004 by L.L. No. 6-2004]
Any violation of any of the provisions of this
article shall subject the offending party to a penalty not exceeding
$250 or imprisonment for a period not exceeding 15 days, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of three years, punishable
by a fine of not less than $250 nor more than $500 or imprisonment
for a period not to exceed 30 days, or both; and upon conviction for
a third offense or subsequent offense, all of which were committed
within a period of five years, punishable by a fine of not less than
$500 nor more than $750 or imprisonment for a period not to exceed
60 days, or both. In addition to such penalty, such violation shall
constitute disorderly conduct, and the person violating the same shall
be a disorderly person.
