It shall be unlawful to deface, damage, destroy or cause destruction
or deterioration in any way to any street, alley, sidewalk, curb, gutter,
public property or other public way within the Town of Selbyville.
All maintenance and repair of streets, alleys, sidewalks, curbs, gutters,
public property and other public ways shall be under the supervision of the
Town of Selbyville and the Council shall be authorized to enforce such ordinance
provisions.
It shall be unlawful to construct or lay pavement on any public street,
alley, sidewalk, curb, gutter, public property or other public way, or to
repair the same, without having first secured a permit therefor.
A. Applications for such permits shall be made to the town
and shall state the location of the intended pavement or repair, the extent
thereof, and a person or firm who is to do the actual construction work. No
such permit shall be issued except where the work will conform with the ordinance
of the town.
B. Each applicant shall file a bond in an amount to be set
by Town Council with surety to be approved by the Council conditioned to indemnify
the town for any loss or damage resulting from the work undertaken or the
manner of doing the same.
C. All streets, alleys, sidewalks, curbs, gutters, public
property, other public ways or pavement shall be made in conformity with specifications
laid down or approved from time to time by the Council.
It shall be unlawful to drive a motorized vehicle or any vehicle towed
by a motorized vehicle (including but not limited to tractor, trailer, automobile,
truck, and the like) upon or over any curb or sidewalk.
It shall be unlawful to erect any poles or wires or maintain any poles
or wires over any street, alley, sidewalk, curb, gutter, public property or
any other public way without having first secured permission from the Mayor
and Council.
An applicant for a permit and/or his agent and/or the contractor doing
the work shall, before the issuance of a permit:
A. Furnish bond or insurance to hold the town harmless and/or
free of liability arising out of said work.
B. Prove he is not delinquent in payments due the town on
prior similar work.
C. Prove he is competent and equipped to do the proposed
work.
D. Show he has proper licenses to do the work.
E. Submit a plan of subject property and adjacent property
showing existing curb cuts, driveways, sidewalks, curbs, gutters or other
public ways and their sizes.
All work shall conform to specifications and to the rules and regulations
established by the Town Council.
All work shall be subject to inspection by the town.
A permit shall expire for work not commenced within 30 days or completed
within 60 days after issuance of a permit. A new permit shall be required
before beginning or completing the work.
[Amended 1-5-1998 by Ord.
No. 104]
A. Any person, persons or groups of persons who shall commit
or cause the commission or allow or participate in the commission of acts
that are prohibited by this article shall, upon conviction thereof, be fined
not less than $25 nor more than $100 plus costs of prosecution, court costs,
Town Attorney fees and Victim's Compensation Fund assessment.
B. Each incident or each day during which violation of this
article shall continue shall constitute a separate offense.
C. The commission, allowance or participation in any activity
defined as a violation of this article shall be deemed and is hereby declared
to be a common and public nuisance.
D. The Town Council may institute appropriate proceedings
to restrain or enjoin further action in violation of the article and/or proceedings
to abate any violation.
E. In this event, the Town Council shall be entitled to
collect from the offending party or parties the town's reasonable attorney's
fees, legal costs and expenses and court costs, as a part of any judgment
or award in a civil action brought to restrain or enjoin a violation.
F. Civil remedies are in addition to and not in lieu of
the penalties provided herein.
G. Nothing in this article establishing a penalty for violation
shall be interpreted as preventing a court of competent jurisdiction from
ordering a person violating this article to make restitution to the victim
of the violation. Such action may be ordered in lieu of a fine or a penalty,
in addition to a fine or other penalty, or included in an order suspending
a sentence on certain conditions.