For the purposes of this article, the following words, phrases
and terms and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular, words used in the singular number include the plural,
and words in the masculine include the feminine. The word "shall"
is always mandatory and not merely directory.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
TOWN
The Town of Onondaga.
TOWN HIGHWAY
All the land located within the boundary lines of any property
owned or maintained by the Town for highway purposes, irrespective
of whether such property has been formally conveyed or dedicated to
the Town, offered for dedication but not yet accepted or laid out
by the Town Highway Superintendent as a highway-by-user or pursuant
to statute. The term "highway" includes a street, avenue, road, square,
place, alley, lane, boulevard, concourse, parkway, driveway, overpass
and underpass and also includes all items appurtenant thereto, including
but not limited to bridges, culverts, ditches, shoulders and sidewalks.
[Amended 6-15-1987 by L.L. No. 5-1987]
This article shall not apply to the following:
A. Any construction or excavation which has been contracted for by the
Town Board, or approved by the Town Board pursuant to another local
law, ordinance, regulation or resolution.
B. Highway repairs and maintenance performed at the direction of the
Highway Superintendent.
Any person violating any of the provisions of this article shall
be subject to a maximum fine of $250 or to imprisonment for a period
not exceeding 15 days, or both, and each seven-day period of continued
violation shall constitute a separate offense hereunder. In addition,
the Town, upon a violation of this article, may also institute an
action or proceeding, including one seeking an injunction, to prevent
or remedy such violation.