No person, firm, association, partnership or corporation shall
engage in any excavation, construction or other operation within the
highway right-of-way of the public highways of the Town of Bath without
first applying for and being issued a permit to engage in such activities
by the Town Highway Superintendent. Said permit shall be of such nature
and form as promulgated by the Town Highway Superintendent and as
approved by resolution of the Town Board.
Fees for permits required hereunder shall be due and payable
upon submission of the application and shall be in such an amount
as determined by resolution of the Town Board.
Any person, firm, association, partnership or corporation, contractor,
builder or other person who violates any provision of this Article
or any regulation adopted hereunder, upon conviction, shall be guilty
of a violation subject to a fine not exceeding $250 or imprisonment
for a term not exceeding 15 days, or both such fine and imprisonment.
Each day of continuous violation of this Article shall constitute
a separate, additional violation. In case of a violation of this Article,
the municipality and its officers may, in addition to any other remedies
specifically conferred by law or ordinance, institute any appropriate
proceedings to prevent any unlawful activities to be conducted within
the Town of Bath public highway rights-of-way.
The Town Highway Superintendent shall be empowered to enforce
this Article and the regulations set forth herein.