Except as permitted by Town Code §
238-17, no person shall dig or excavate in or place any barricade or encumbrance upon any Town right-of-way, Town road or other public grounds without first having obtained a permit from the Town Highway Superintendent.
As used in this chapter, the following terms shall have the
meanings indicated:
DOUBLE POLE
Any damaged utility pole or old utility pole from which the
plant has been removed, in whole or in part, which is attached or
in close proximity to a new utility pole.
PLANT
The cable, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
TOWN ROAD
Includes any highway, road or street within the Town of Glenville,
outside of the Village of Scotia, extending the full width of the
right-of-way and including sidewalks and unpaved portions between
the property line and the traveled areas.
Application for a permit shall be made by the person or firm
intending to do such work or for whose direct benefit it is proposed.
The required permit fees shall be paid to the Superintendent
upon issuance of the permit. Such fees shall be determined from a
fee schedule established by the Town Board.
If the Superintendent deems it to be necessary for the protection
of the Town, he may require the applicant to furnish a surety bond
saving the Town harmless from any and all liability arising from the
work authorized.
No person shall place any sand, stone, lumber or other building
materials or equipment in any street, sidewalk, road or public grounds
without first having obtained a written permit therefor. No permit
shall be given for such materials or equipment to occupy more than
1/3 of a roadway or for a period of more than 30 days.
Any person, firm or corporation violating any provision of this
chapter shall, upon conviction thereof, be punishable by a fine of
not more than $500 or imprisonment for a term not exceeding 15 days,
or both. Each day that the violation continues shall be deemed a separate
violation.
A. Any public utility that fails to remove its plant from a damaged pole within 30 days of receiving notification from the Town pursuant to §
130-12A shall be punished by a penalty of up to $250 for each such violation. Each day that the violation continues shall be deemed a separate violation.
B. Any public utility that fails to remove a double pole within 90 days of receiving written notification from the Town pursuant to §
130-12B shall be punished by a fine of $250 for each violation. Each day that the violation continues shall be deemed a separate violation.
C. In addition to or as an alternative to any fine or imprisonment imposed
for a conviction of an offense under this chapter, each such offense
may be subject to a civil penalty not to exceed $500, to be recovered
in an action or proceeding in a court of competent jurisdiction. Each
day that the violation continues shall be deemed a separate violation.
The Town Highway Superintendent is hereby authorized to enforce
this chapter.