[HISTORY: Adopted by the Town Board of the Town of Huntington 6-3-1969 as Ch. 56 of the 1969 Code of the Town of Huntington; amended in its entirety 11-4-2020 by L.L. No. 42-2020. Amendments noted where applicable.]
For the purpose of this chapter, the following terms and phrases shall have the meanings indicated:
PERSON
Includes an individual, business, partnership, firm, corporation, enterprise, trust, company, association, public utility or other legal entity.
TOWN
The term shall include the Town of Huntington and the Board of Trustees of the Town of Huntington.
TOWN RIGHT-OF-WAY
A strip of land acquired by the Town by reservation, dedication, prescription, condemnation, or otherwise and intended to be occupied or reserved for use by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses.
No person shall enter, intrude or trespass upon any lot or premises within the Town of Huntington without the knowledge, permission or consent of the owner, authorized occupant, or agent acting on behalf of the owner, thereof.
No person shall mar, deface, damage, destroy or remove any flowers, plants, shrubs, trees, buildings or structures within the Town of Huntington without the knowledge, permission or consent of the owner, authorized occupant, or agent acting on behalf of the owner, thereof.
It shall be unlawful for any person to enter, intrude, use, occupy, or trespass upon, or erect any building or structure thereon, or deposit any trash or debris upon, or remove any flowers, plants, shrubs, trees, sand, stone, gravel, topsoil or other minerals from, any lot, building or premises owned by or under the control or jurisdiction of the Town, whether upland or land underwater, without the knowledge, permission or consent of the Town, but nothing herein contained shall be deemed to prevent any resident of the Town of Huntington from using any town park or waters for ordinary bathing, boating, fishing or other public recreational purposes as provided in the Code of the Town of Huntington.
(A) 
No person shall construct, maintain, or allow there to be constructed or maintained any building or structure upon or under any land owned or under the control or jurisdiction of the Town, whether upland or under water, including the town rights-of-way.
(B) 
No person shall place or maintain any obstruction upon any land owned or under the control or jurisdiction of the Town, whether upland or under water, including town rights-of-way.
(C) 
No person shall create or allow a vision obstruction to exist within the Town on town lands or town rights-of-ways.
(D) 
Exceptions: The provisions of this section do not apply to the use or occupancy of town lands, town rights-of-way, facilities or buildings pursuant to a valid lease, license, permit or other approval by the Town. Driveway aprons and sidewalks shall meet the specifications prescribed by the Highway Department and materials used must be acceptable to the Highway Department.
(A) 
A town code officer can order any person encroaching and/or intruding upon any land owned or under the jurisdiction of the Town, whether upland or under water, including town rights-of-ways, to eliminate, remove, restore and/or remediate the property to its pre-disturbed condition.
(B) 
Failure to obey any order of the town code officer shall be unlawful and constitute a violation of this chapter.
(A) 
Any person violating this chapter, except for §§ 188-4, 188-5, and 188-9, shall be guilty of an offense and, upon conviction, shall be punished by a fine of not less than five hundred ($500) dollars nor more than two thousand $2,000 dollars, or by imprisonment not exceeding 15 days, or by both such fine or imprisonment. Any person found by the Bureau of Administrative Adjudication to have violated this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein. Each day, or part thereof, such offense continues, shall constitute a separate offense, punishable in like manner.
(B) 
Notwithstanding the above, any person violating §§ 188-4, 188-5, or 188-9 of this Chapter shall be guilty of an offense and, upon conviction, shall be punished by a fine of not less than one thousand ($1,000) dollars nor more than five thousand ($5,000) dollars or by imprisonment not exceeding 15 days, or by both such fine or imprisonment. Any person found by the Bureau of Administrative Adjudication to have violated this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein. Each day, or part thereof, such offense continues, shall constitute a separate offence, punishable in like manner.
(C) 
The imposition of a penalty shall not affect the right of the owner to take any further legal or equitable proceedings as may be appropriate.
(D) 
In addition to the civil and criminal penalties set forth herein or in other applicable law, rule or regulation, any person who violates the provisions of this chapter shall be liable to the Town for the full cost and expense of remediating and restoring the site to its original condition, including the replacement of any vegetation, mineral or other material destroyed or removed, and including all costs associated with the delivery, transportation, and installation of the vegetation, mineral or material destroyed or removed, and all administrative costs associated therewith.
(E) 
In addition to the civil and criminal penalties set forth herein or in other applicable law, rule or regulation, any person who unlawfully uses or occupies any Town land, Town rights-of-way, building or facility owned or under the control or jurisdiction of the Town shall be liable for the market value of such use and occupancy for each day, or part thereof, such use or occupancy continues.
(F) 
In addition to the civil and criminal penalties set forth herein or in other applicable law, rule, or regulation, the Town Attorney is authorized to pursue civil and equitable relief, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500) dollars per day, or part thereof; an action to compel compliance with or to restrain by injunction the violation of this Chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper.
(G) 
No oversight or dereliction of duty on the part of the Town shall serve to legalize the use or occupancy of public lands, rights-of-way, facilities or buildings, the deposit of trash or debris, or the destruction or removal of vegetation, minerals, or material.