[HISTORY: Adopted by the Town Board of the Town of Rhinebeck 6-13-2011 by L.L. No.
1-2011. Amendments noted where applicable.]
This chapter governs underground installations within the property
and rights-of-way of the Town of Rhinebeck ("Town") for the excavation,
installation, modification, or repair of anything buried or to be
buried in, or crossing or to be crossing, including underground electric,
telephone, cable television, data/communications, water, wastewater,
drainage, gas, oil or other direct-buried and conduit appurtenances,
in or under Town property or rights-of-way, including streets, highways,
sidewalks and public places in the Town by individuals, firms, corporations
and other legal entities (collectively, "entity") in order to protect
the health, safety and welfare of the public during and after periods
of excavations and to ensure the quality and safety of Town thoroughfares.
This chapter shall not apply to:
This chapter is adopted pursuant to Town Law § 130
and Municipal Home Rule Law § 10.
No entity, including individuals, shall open or cause to be
opened by cutting or excavating the surface or soil of any Town street,
highway, road shoulder, including the full extent of a related right-of-way,
public place or sidewalk to make, repair or modify underground installations
without first obtaining a permit therefor issued by the Town Highway
Superintendent or his or her designee, including the opening or excavation
of a site previously opened or excavated to make, repair or modify
underground installations. With respect to electrical distribution
lines, excavation permits shall be granted to install secondary or
service distribution lines. A permit may be granted to install a primary
electrical distribution line only upon examination and determination
that such installation is necessary and special precautions are taken
because of the high voltage.
An application for an excavation permit to make such underground
installation shall be made to the Town Highway Superintendent upon
a form to be provided for that purpose. The application shall require:
A.
The name and address of the applicant;
B.
The name and address of the property owner or owners, if different
from applicant, who seek to excavate (collectively the "property owner");
C.
The name and address of each property owner who would be affected
by such work;
D.
The tax identification number(s) and addresses of the property (properties)
to be excavated;
E.
A description of the proposed work, including a description of the
improvements, if any, proposed to be installed in Town property or
rights-of-way;
F.
A letter from the utility or utilities that own the pipes and/or
lines relating to the excavation authorizing such connection and/or
maintenance if pipes or lines are to be maintained or connected to
existing pipes or lines;
G.
A description of the proposed burying and installation process;
H.
A description of the size and purpose of the excavation to be made;
I.
A description of traffic-control plans;
J.
A description of the type of pavement or surface to be disturbed;
K.
A description of the materials to be used in replacement and a description
of the restoration process;
L.
Plans showing the location of the work to be performed, including
technical drawings showing the proposed excavation and items to be
buried;
M.
Identification of existing improvements in the relevant Town property
or rights-of-way;
N.
The estimated cost of the proposed work;
O.
The dates the work is proposed to commence and be completed; and
P.
Such additional information as the Town Highway Superintendent may
require.
The applicant shall provide to the Town Highway Superintendent
and to the Attorney for the Town a title search showing the ownership
of the property to be excavated and all other parcels which may be
affected by the proposed excavation and installation, including ownership
of the fee under the roadway. In the event that the Town, the applicant
or the property owner do not own the underlying fee simple beneath
the Town right-of-way, the applicant shall file with the Town the
notarized written consent to the issuance of the permit by the owner(s)
of the underlying fee prior to the issuance of the permit, together
with an easement, an indemnity agreement, a maintenance agreement
and in a form or forms approved by the Attorney for the Town, to be
filed with the Dutchess County Clerk, granting to the Town, the benefited
property owner, and their respective successors and assigns, access
to the underlying fee for the purposes of installation, repair and
maintenance of any improvements, subject to a highway excavation permit
pursuant to this chapter.
A.
Upon receipt and review of the permit application, the Town Highway
Superintendent in his or her discretion shall decide whether to:
(1)
Issue the excavation permit subject to the requirements of this chapter,
including conveyance of an appropriate easement(s) in a form approved
by the Attorney for the Town, together with proof of recording satisfactory
to the Town Highway Superintendent and to the Attorney for the Town,
or
(2)
Deny the excavation permit, stating in writing the reasons for the
denial.
B.
Before deciding to issue an installation permit, the Town Highway
Superintendent shall refer the permit application to the Town Engineer
or other technical consultant for advice. Issuance of a permit may
be conditioned upon such provisions as the Town Highway Superintendent,
Town Engineer or other technical consultant may deem appropriate,
including appropriate conduits and casings to ensure public safety,
to preserve the Town's highways and otherwise protect the public,
including those who may in the future excavate on Town property or
rights-of-way.
C.
After the referral of the application to the Town Engineer or other
technical consultant, the Town Highway Superintendent shall, before
issuing any permit, refer the application to the Town Board, accompanied
by all application submissions and any comments or suggestions from
the Town Engineer or other consultant(s), and the Town Highway Superintendent,
for action with respect to any required easement.
D.
Every applicant, and property owner if different, shall execute an easement with the Town, if required, containing the provisions specified in § 111-6F prior to issuance of any permit for installation of any improvements, temporary or permanent, in Town property or rights-of-way. As a condition precedent to granting an easement, the Town Board must determine that the easement:
(1)
Will not negatively impact existing Town infrastructure, including
Town roads, catch basins and other drainage improvements based upon
the recommendation of the Town Highway Superintendent and any consultant
the Town Board deems appropriate;
(2)
Will not negatively impact the public health, safety or welfare of
the residents of the Town; and
(3)
Will enhance, or will not detract from, the physical appearance of
the area of the proposed excavation.
E.
In considering a request for an easement, the Town Board may rely
upon the recommendations of the Town Highway Superintendent and any
consultants the Town Board deems appropriate. Nothing contained within
this chapter shall be interpreted to impose upon the Town Board any
obligation to grant an easement. If the Town Board is inclined to
grant the easement, it shall require compliance with all permissive
referendum requirements, including Town Law § 64. The applicant
shall pay for all costs necessary to comply with the requirements
of Town Law §§ 64 and 90, including, as applicable,
publication, mailings, preparation of ballots and voting machines
and related personnel.
F.
The easement shall grant the Town access to the underlying fee and
the improvements for the purpose of installation, repair and maintenance
of the improvement to the extent the Town does not have such right.
The easement shall require the property owner to maintain and repair
the installation. The easement shall run with the land, and shall
be binding upon all the successors or assigns of the property owner.
G.
The property owner shall hold the Town harmless and indemnify the
Town from any loss, injury, claim, liability, or damage (including
reasonable attorney's fees and costs) arising out of action taken
pursuant to the permit, including making the excavation or the installation
of the improvement by previous owners of the property, or as a result
of any negligence or fault or action by the applicant or property
owner, his or her contractor, servants or agents in connection with
the work performed, including by previous owners of the property,
their contractors, servants or agents in connection with the work
performed. The property owner shall pay all the costs and expenses
made or incurred by the Town by reason or any action taken as a result
of the location of the installation under Town property or rights-of-way,
including defending any action brought against the Town.
H.
The property owner shall execute, and file in the Dutchess County
Clerk's Office, a declaration, in a form approved by the Attorney
for the Town, assuming responsibility for the maintenance and future
repairs of the installation, and indemnifying the Town for all time
from any loss, injury, claim, liability, or damage (including reasonable
attorney's fees and costs) arising out of action taken pursuant
to the permit, including making the excavation or the installation
of the improvement by previous owners of the property, or as a result
of any negligence or fault or action of the applicant or property
owner, his or her contractor, servants or agents in connection with
the work to be performed, including by previous owners of the property,
their contractors, servants or agents in connection with the work
performed. A provision of such declaration shall guarantee payment
for all costs and expenses made or incurred by the Town by reason
of any action taken as a result of the location of the installation
under the Town's property or rights-of-way, including defending
any action brought against the Town. The declaration shall be a covenant
running with the land and shall be binding upon all the subsequent
successors and assigns of the property owner.
I.
Prior to obtaining any easement or permit hereunder, the applicant,
and property owner if different, shall comply with all applicable
laws and regulations including without limitation, the Town of Rhinebeck
Town Code, New York State Department of Health regulations, and the
State Environmental Quality Review Act.
A.
Insurance.
(1)
Except as otherwise provided herein, no permit shall be issued unless,
as a condition precedent thereto, the applicant, and property owner
if different, shall have filed with the Town Clerk proof of a policy
of public liability insurance naming the Town as an additional insured,
providing the following limits of liability:
(2)
The insurance policy shall be endorsed to eliminate the exclusion
of underground damage and shall provide for broad form property damage
coverage, subject to any additional requirements of the Town's
insurance carrier.
(3)
The insurance policy shall be approved by the Attorney for the Town
for sufficiency and conformity with the provisions of this chapter.
The insurance policy shall not be deemed to limit the applicant's
legal liability for actions taken or arising out of the issuance of
the permit hereunder.
(4)
The Town Highway Superintendent shall have the discretion to alter
the insurance requirements with due consideration given to the nature,
size and scale of the project after consultation with the Town Engineer,
Attorney for the Town and subject to the approval of the Town Board.
B.
Filing of easement and declaration. Prior to the issuance of a permit,
the Town Highway Superintendent must receive satisfactory evidence
that the easement and declaration approved by the Attorney for the
Town have been executed and filed in the office of the Dutchess County
Clerk so as to become part of the land records for the property of
the property owner.
C.
Performance bond. Prior to start of construction pursuant to a permit,
the applicant shall sign a performance guaranty and shall provide
the Town Clerk a performance bond in an amount sufficient to ensure
completion of the work, which amount shall be determined by the Town
Highway Superintendent who may seek the recommendation of the Engineer
for the Town or other consultant. The performance bond shall be either
cash or letter of credit, in a form acceptable to the Attorney for
the Town, from a banking institution authorized to do business in
New York.
D.
Maintenance bond. Upon completion of the permitted work and prior
to any release of funds by the Town, applicant shall provide sufficient
security to cover the cost of any repairs or maintenance to Town property
or rights-of-way arising within a period of one year after the completion
of the work performed under such permit. The maintenance bond shall
be 50% of the cost of the excavation and installation of the improvement.
A.
Every applicant, and property owner if different, shall be jointly
and severally responsible for payment of all reasonable and necessary
costs of consultant services (defined herein), where the Highway Superintendent
or Town Board uses the services of private engineers, attorneys, or
other consultants (collectively, consultant services"):
(1)
For purposes of engineering, scientific land use planning, environmental
or legal reviews of the adequacy or substantive details of applications,
or issues raised during the course of reviews of applications pursuant
to this chapter;
(2)
To assist in assuring or enforcing an applicant's compliance
with the terms and conditions of any permit issued hereunder; and/or
(3)
To reimburse the Town for the cost of engineering or other inspections
prior to, during, or after construction.
B.
The Town may correct, or hire a contractor to correct, deficiencies
in the work performed by the applicant or to bring the site into compliance
with specific permit conditions and the cost shall be charged against
the applicant's bond or security deposit. The applicant, and
property owner if different, shall be jointly and severally liable
for any expenses incurred by the Town to correct any such deficiencies
in the work and to ensure permit compliance. The Town may seek recovery
of such expenses by action brought in a court of appropriate jurisdiction,
and the defendant(s) shall be responsible for the reasonable and necessary
attorney's fees and costs expended by the Town in successfully
pursuing such action.
A.
Every application for approval of a permit pursuant to this chapter
shall be accompanied by such fees as set forth on the fee schedule
adopted, and amended from time to time, by the Town Board.
B.
Upon submission of an application for any permit pursuant to this chapter and prior to issuance of a permit or being placed on any agenda for any applicable Town Board meeting, the applicant and/or property owner shall deposit with the Town Clerk, as an escrow account, $1,000, together with any applicable fees as set forth on the Town of Rhinebeck schedule of fees, as may be periodically adopted and updated by the Town Board. The escrow deposit shall be held on account of the applicant and/or property owner, as applicable (the "escrow account"), by the Town to secure reimbursement of the Town's consultant services expenses as provided for in § 111-8A. The Town may make payments charged to the escrow account for consultant services, after audit and approval by the Town Board of itemized vouchers for such services. Upon request, the Town shall supply copies of such vouchers to the applicant, appropriately redacted where necessary to shield legally privileged communications between Town officers or employees and the Town's consultants. In the event the escrow account is depleted below $250 or such higher amount as determined by the Town Highway Superintendent in light of the anticipated expenses, review of the application shall cease and shall not recommence until such time as the escrow account has been replenished as required. Notwithstanding the foregoing, when it appears to the Town Highway Superintendent that pending or anticipated vouchers will deplete the escrow account below $250 or such higher amount as determined by the Town Highway Superintendent, the Town Highway Superintendent shall ask the applicant or property owner to deposit additional monies into the escrow account. In no event shall a permit be issued unless and until the escrow account is sufficient to pay for the consultant services.
C.
The Town Board shall review and audit all vouchers and shall approve
payment only of such consultant services fees as are necessarily incurred
by the Town in connection with the review and consideration of any
application and the issuance, monitoring, inspection and enforcement
of the permit.
D.
Following completion of all work to the satisfaction of the Town Highway Superintendent, including inspections, if any, by the Town's engineers or other consultants and following payment of all charges incurred by the Town pursuant to this chapter, the Town shall refund any monies credited in the escrow account, provided that the applicant has complied with the provisions of § 111-7D.
In the event the applicant or property owner fails to pay the Town any fees, expenses, and/or other sums owed to the Town under this chapter, the following shall apply, except with respect to expenses incurred under § 111-8B: the Town may seek recovery of such fees, expenses, and/or other sums by action brought in a court of appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorney's fees and costs expended by the Town in successfully pursuing such action; alternatively, and at the sole discretion of the Town, a default in payment of such fees, expenses, and/or other sums shall be remedied by charging such amount against the real property by adding that charge to, and making it a part of, the next annual real property tax bill of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town taxes and shall be paid to the Town, to be applied to the fund due such fees, expenses, and/or other sums. Prior to charging such amount, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed charge, at a date to be designated in the notice, which shall be no less than 30 days after its mailing. Such amount shall constitute, until paid, a lien on the benefited property for which the permit was issued.
A.
All work shall be performed in compliance with the requirements of
this chapter, and any other applicable laws, regulations or policies
of the Town, State of New York or otherwise, as well as in compliance
with the conditions of the excavation permit issued hereunder.
B.
All work performed under an excavation permit shall be completed
as expeditiously as possible. The Town Highway Superintendent shall
be notified within four hours of the completion of work under any
permit. If work is completed on a Saturday, Sunday or holiday or after
the close of the business day, then the completion of the work shall
be reported within four hours after the office of the Town Highway
Superintendent is open for the transaction of regular business. The
applicant shall maintain barricades, warning lights and other required
warning devices until completion of the repair of the excavation and
approval by the Town Highway Superintendent. Except in emergency situations,
no work shall be commenced on a Friday or the day before a legal holiday
unless written permission is obtained from the Town Highway Superintendent.
C.
During construction, the Town Highway Superintendent may order the
applicant to stop work if the work being performed does not comply
with the conditions of the approved permit or if he or she identifies
an imminent public safety concern resulting from the work.
D.
Any work performed that does not comply with the conditions of the approved permit may be corrected by the Town Highway Superintendent using Town Highway Department resources or outside contractors and charged against the applicant's performance bond. The applicant, and property owner if different, successors and assigns, shall be jointly and severally liable for the cost to complete any work exceeding the amount of the performance bond. If such amount is not paid, the provisions of § 111-10 shall apply.
E.
Anyone working within Town property or rights-of-way shall wear,
at a minimum, an ANSI Class II safety vest. Where there is a threat
of falling objects, a hard hat must also be worn.
F.
Any time work is being performed pursuant to an excavation permit,
work zone traffic control signs must be used in accordance with the
then-current Manual on Uniform Traffic Control Devices applicable
in New York State.
G.
The applicant and its successors and assigns shall restore Town property or rights-of-way to at least the preconstruction condition, upon completion of work. Failure to so restore shall entitle the Town to perform such work at the applicant's cost. If the Town performs such restoration work pursuant to this chapter, the Town may call upon the performance bond and/or maintenance bond for payment. The applicant, and property owner if different, their successors and assigns, shall be jointly and severally liable for the cost of such restoration work to the extent it is not otherwise covered by the performance bond. If such amount is not paid, the provisions of § 111-10 shall apply.
H.
Any damage caused to the Town's infrastructure as a result of work performed pursuant to a permit shall be promptly repaired or replaced by the applicant, at the applicant's expense, to the satisfaction of the Town Highway Superintendent. Failure to satisfactorily correct any such damage, within 15 days following written notice by the Town of same, shall be a violation of the permit and this chapter and the Town shall be entitled to perform or hire a contractor to perform any corrective work. Notwithstanding the foregoing, in the event of an emergency, the Town Highway Superintendent may perform any restoration or repair work without first providing notice to the applicant. The actual costs of such corrections may be deducted from the security posted by applicant pursuant to § 111-7, or, if the security is not sufficient to cover the cost, the applicant, and property owner if different, their successors and assigns, shall be jointly and severally liable for the cost of such work to the extent it is not otherwise covered by the performance bond and/or maintenance bond. If such amount is not paid, the provisions of § 111-10 shall apply.
I.
In an emergency when a permit cannot first be obtained because the
office of the Town Highway Superintendent is closed, proper excavations
may be made, provided that an application for a permit as required
herein shall be obtained within four hours after the office of the
Town Highway Superintendent is opened. An emergency shall be deemed
to exist when failure to take prompt action may result in danger to
the life or property of the public or lack of service in existing
improvements. In the event of an emergency, the Town Highway Superintendent
may issue a permit immediately, requiring only such information as
Town Highway Superintendent deems necessary.
J.
During excavations, a serviceable portion of any thoroughfare shall
be kept open for travel and the applicant shall, upon the direction
of the Town Highway Superintendent, provide one or more flagpersons
to direct the flow of traffic. The Town Highway Superintendent may
require a detour be established and maintained by the applicant.
K.
All installations along the edge of a road must be kept as far as
possible from the edge of the pavement or driving lane.
L.
The laying of cable/conduit over or through, or cutting, any culvert/drainage
pipe is prohibited.
M.
All cables/conduits must be buried to a minimum depth of 24 inches
or such greater depth as determined by the Town Highway Superintendent.
N.
Caution tape must be placed 12 inches above the cables/conduit prior
to backfill completion.
O.
Open cut trenches crossing paved areas shall be filled with compacted
asphalt with a thickness equal to the thickness of the adjacent asphalt.
P.
No open trenches may remain on Town property or rights-of-way overnight,
provided any temporary covering must be at least one-and-one-half-inch-thick
steel.
Q.
No equipment shall be left during nonworking time on Town property
or rights-of-way without the prior written permission of the Town
Highway Superintendent.
R.
Notice of intent to dig must be given to the Town Highway Superintendent no less than two days, other than Saturday, Sunday or legal holidays, prior to commencing work, unless excavation is for an emergency repair pursuant to § 111-11I.
S.
The permittee and any contractor thereof shall comply with the provisions
of General Business Law § 760 et seq., Public Service Law
§ 119-b, and the rules codified thereunder known as Code
Rule 753 of the New York State Industrial Code, 12 NYCRR 53, concerning
the protection of underground facilities and the appropriate notification
thereto.
T.
Excavations are prohibited between November 15 and April 15, unless specifically authorized in the Town Highway Department permit, or in the event of an emergency pursuant to § 111-11I.
V.
Pavement replacement of existing streets shall conform to the specifications
for paved surface within the Town of Rhinebeck's highway specifications.
W.
Upon completion of the work and prior to return of any security,
the applicant shall provide the Town Highway Superintendent and the
Town Clerk with a complete and accurate as-built drawing showing the
location, depth and nature of the excavation and installation.
During the course of work, the Town Highway Superintendent or the Superintendent's authorized representative, or the Town Engineer or other consultant, may inspect the work to insure that all construction and repair is conducted in conformity with general specifications and standards, submitted plans and with any special conditions imposed in the issuance of the permit. Inspection fees may be charged as provided in the Town's fee schedule and in § 111-16.
A.
Upon commencement of work, the applicant shall barricade properly the area of proposed excavation and shall place and maintain windproof lights and such signs and warning devices as are reasonably necessary to protect the public. The Town Highway Superintendent shall have the power to impose such additional terms and conditions as will provide for the public health, safety and welfare under the particular circumstances of each permit. If the applicant fails to comply with the provisions of this chapter, any permit issued hereunder, or any directions of the Town Highway Superintendent, the Town Highway Superintendent may install such devices and take such action as Town Highway Superintendent deems necessary to protect the public health, safety and welfare. The actual costs of such corrections may be deducted from the performance bond required pursuant to § 111-7. If the performance bond is insufficient to cover the costs of such corrections, the applicant, and property owner if different, shall be jointly and severally responsible for payment of the difference. If such amount is not paid, the provisions of § 111-10 shall apply.
B.
Access to adjoining property shall be maintained at all times and
fire hydrants shall be left clear for base connections during the
time of construction on existing roads. At no time shall the length
of excavated trench exceed 250 feet, and the flow of traffic shall
not be impeded during periods of construction where at all possible.
The road shall be left in a passable condition at the end of each
day's work, with appropriate safety and warning devices in place
and operational.
The Town Highway Superintendent shall have the right to revoke
temporarily or cancel any permit on notice to the applicant at any
time should the applicant fail to comply with the terms and conditions
thereof or with the terms and conditions of this chapter.
Nothing contained in this chapter shall be construed to create
an obligation or responsibility on the Town by which the Town is responsible
to perform any work or to make any repairs in connection with any
permit issued pursuant to this chapter.
A.
No excavation permit shall be issued except upon the payment of a fee to defray the administrative costs of this chapter as set forth in the Town's fee schedule, provided that the Town Board may waive the fee for any governmental entity. The fee shall be $300 or as otherwise set forth in the Town's fee schedule. The permit fee shall not be refundable. This permit application fee is in addition to any other charge imposed hereunder. The permit fee shall include up to three inspections of the work by the Town Highway Superintendent: initial site visit; prepaving inspection; and final inspection. If additional site inspections are required by the Town Highway Superintendent, an additional $100 fee per inspection, or as otherwise set forth in the fee schedule adopted by the Town Board, as amended, may be assessed and charged against the applicant's escrow account. Inspection fees shall be deducted from the escrow account if available. If such amount is not paid, the provisions of § 111-10 shall apply.
B.
In addition to the inspections by the Town Highway Superintendent, the Town Highway Superintendent may request the Town Engineer or other consultants to inspect and approve the site and work as the Superintendent deems appropriate. In that event, the actual costs and fees paid by the Town shall be deducted from the escrow account. If such amount is not paid, the provisions of § 111-10 shall apply.
A.
All work shall be commenced within 90 days of permit issuance. Failure
to commence work within 90 days shall result in expiration and forfeiture
of such permit.
B.
All work shall be completed within one year of permit issuance or
such shorter period as provided in the permit. Any permit issued hereunder
shall automatically expire on the one-year anniversary of issuance
or such shorter period as provided in the permit, unless reissued
following payment of all applicable fees.
C.
Upon written request, the Town Highway Superintendent may extend
an unexpired permit for additional one-year terms.
D.
Permits shall not be assignable or otherwise transferable by the
applicant.
In the event a property owner benefited by an excavation permit
issued under this chapter receives a written request from an entity
that proposes to excavate in or under Town property or rights-of-way,
the property owner shall have the route of the items installed in
or under Town property or rights-of-way marked by an entity in the
business of marking the route of underground items so that the entity
performing the excavation will be aware of such route. If such property
owner fails to have such marking done, the entity proposing to excavate
may engage another entity to mark the underground route at the expense
of such property owner.
A.
The Code Enforcement Officer and the Zoning Enforcement Officer, as specified in §§ 125-104 and 125-105 of Chapter 125, entitled "Zoning," of the Town of Rhinebeck Code shall enforce this chapter. Such officers are hereby authorized to review and investigate complaints, issue notices of violation and appearance tickets, and/or in consultation with the Attorney for the Town to pursue such legal actions and proceedings as may be necessary to enforce the provisions of this chapter, including § 111-19B. Upon request of the Highway Superintendent, such officers are additionally authorized to issue orders to stop-work and/or orders specifying the period of time which the officer deems to be reasonably necessary for achieving compliance with provisions providing for the prompt remedy of dangers to the public health and/or safety.
B.
Failure to comply with any provisions of this chapter or any permit issued pursuant hereto shall constitute a violation of this chapter. Every violation of any provision of this chapter shall be a separate and distinct violation, and in the case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense. Violations of this chapter shall be subject to a fine of not less than $100 nor more than $1,000, which fine shall be credited to the Part Town Highway Fund, or to imprisonment of not more than 15 days or both. If such fine is not paid, the provisions of § 111-10 shall apply.
