[HISTORY: Adopted by the Town Board of the Town of Chenango 2-19-1952.
Amendments noted where applicable.]
[Amended 8-17-1987 by L.L.
No. 5-1987]
No person, firm or corporation shall excavate in or remove from any
public street, avenue, sidewalk or other public place in the Town of Chenango
any dirt, gravel or other material without first having obtained a written
permit therefor from the Town Board or its designee.
[Amended 8-17-1987 by L.L.
No. 5-1987]
No person, firm or corporation owning or controlling mains, pipes, water
laterals, drains, sewer laterals, gas mains or laterals, electric conduit
mains or laterals or otherwise shall dig or excavate in any public street,
avenue or in any public place in the Town of Chenango; nor excavate beneath
a public sidewalk upon any public street, avenue or in any public place in
said Town of Chenango; nor remove any portion of any sidewalk without first
obtaining a written permit therefor from the Town Board or its designee. No
such excavation shall be permitted between November 15 and the following April
1, except in an emergency.
In the event a public sidewalk, beneath which excavation is to be made
as referred to in the preceding section, is removed, the same shall be replaced
and restored to its original condition by such person, firm or corporation
removing the same.
No person, firm or corporation excavating or digging in any public street,
avenue, sidewalk or other public place as aforesaid shall permit such excavation
to remain open or uncovered at any time without having or causing the same
to be properly and substantially guarded during the day by red flags and at
night by lights or lanterns with red globes or flares, so placed as to properly
warn all persons of such excavations.
[Amended 8-17-1987 by L.L.
No. 5-1987]
The granting or refusing of a permit for any of the purposes provided
for in this chapter shall be within the discretion of the Town Board upon
such conditions as it may specify. If such permission is granted as aforesaid,
a bond or other sufficient security for the protection of such Town against
damages or other liability as likewise for the proper restoration of the disturbed
area may be required by the Town Board, to be provided to such Town by such
person, firm or corporation. In the event proper restoration is not made within
five days after notice from the Town Board, the same shall be properly restored
by the Board and the cost thereof shall be a charge against said security.
[Amended 8-17-1987 by L.L.
No. 5-1987]
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation punishable by a fine
not exceeding $250 or by imprisonment for a term not exceeding 15 days, or
by both such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
