[Adopted 10-5-2011 by L.L. No. 2-2011]
It shall be unlawful for any person or entity to place or caused
to be placed any obstruction in any highway, roadway, sidewalk, pathway
or right-of-way which is publicly owned or maintained or open to the
public. Obstructions, within the meaning of this article, shall include
all obstructions set forth in New York State Highway Law § 103-a
and, additionally, shall be deemed to include any sporting equipment
such as basketball apparatus, goal posts, goals and any similar type
equipment.
The Town Superintendent of Highways shall have the same authority
to order the removal of obstructions within the Town of Henrietta
as is granted to the County Superintendent pursuant to New York State
Highway Law § 103-a. Such removal shall be accomplished
in accordance with the procedures set forth in New York State Highway
Law § 103-a.
In addition to the power to remove obstructions and order removal, any person or entity violating this article shall be subject to the same penalties set forth in § 240-6 of this chapter. An appearance ticket for such violation may be issued by any police officer or Town official authorized by Chapter 25 of the Henrietta Town Code to issue same.
After removal of any obstruction as provided in this article,
the Town Superintendent of Highways or his authorized agent may store
such obstruction at a suitable place at the expense of the owner.
Such owner or person in charge of the obstruction may redeem the same
upon payment to the Town Superintendent of Highways or his authorized
agent of the amount of all expenses reasonably incurred in effecting
such removal and storing said item. Alternatively, the Town Superintendent
of Highways may treat said property as being abandoned and dispose
of it accordingly.
