[HISTORY: Adopted by the Board of Trustees of the Village of Old
Westbury 10-4-1937 as Ch. 1, Art. VII, of the General Ordinances.
Amendments noted where applicable.]
[Amended 9-20-1993 by L.L. No. 4-1993]
No person shall leave or deposit any material of any kind for building
or other purposes in any street or public place in the Village of Old Westbury;
or dig or cause to be dug any excavation, trench or other opening in any street,
sidewalk or public place in said Village for any purpose; or dig or remove
or cause to be removed therefrom any stone, earth, sand or gravel; or tear
up or injure any pavement, crosswalk, drain, sewer or any part thereof; or
erect or lay or cause to be erected or laid any telegraph, telephone, electric
light or other pole or any drain, conduit or other pipe under, in, upon or
over any street or public place in said Village; or move or cause to be moved
or assist in moving any building into, along or across any such street or
public place, without having obtained written permission for that purpose
from the Village Clerk, conditioned upon the doing of such work under the
supervision of the Street Commissioner, upon keeping clear at all times a
sufficient and safe passageway for pedestrians and vehicular traffic and upon
proper guarding of the same both by night and day so far as to prevent accidents
or danger and upon restoration of said street, sidewalk or public place to
its original condition upon indemnifying the Village from all damage or loss
and upon such other conditions as may be imposed by the Board of Trustees;
the acceptance of such permit to be accompanied by a deposit with the Clerk,
to be transmitted to the Treasurer, in the sum of $100 for an opening in the
improved surface of a Village street and $100 for an opening in the unimproved
surface of a Village street, to cover the cost of restoration of the street
to the condition before opening. After said restoration is made, if the cost
has not amounted to the sum deposited to cover the cost, the balance shall
be refunded by the Village Treasurer by resolution of the Board of Trustees,
and if the cost exceeds the sum on deposit, the claimant shall pay such excess
amount. Such permission shall be revocable at any time by the Street Commissioner
or Mayor. The applicant shall pay a fee of $100 for any such permit before
the same shall issue.
[Amended 9-17-1984 by L.L. No. 16-1984]
Any person violating any provision of this chapter shall pay a penalty
of $250 for each and every offense, and, in addition thereto, such violation
shall constitute and is hereby declared to be disorderly conduct, and any
person violating the same shall be and is hereby declared to be a disorderly
person.
