A.
No person, firm, corporation, improvement district
or municipality, except those under the exclusive control of the Town,
shall operate:
(1)
Trucks, equipment or other vehicles on, over, across
or through any shoulder area, sidewalk or public place between the
curb or edge of a traveled way and the public highway right-of-way;
or
(2)
Equipment having steel tracks or any other equipment
not registered and licensed by the State of New York for travel over
the public highways, upon any street, highway, public right-of-way,
sidewalk or public place within the Town for the purpose of loading
or unloading such vehicle or entering or leaving the construction
site, unless a permit has first been issued by the Department of Public
Works.
B.
This section shall not apply to operation of such
equipment or vehicles over, across or through a curb cut or driveway
which has been built pursuant to a permit issued by the Town.
C.
This section shall not apply to any street, highway,
sidewalk or other place which is not owned by the Town and which is
not under the exclusive control of the Town, unless the Town is required
to maintain the same by law.
D.
No person, firm, corporation, improvement district
or municipality, except those under the exclusive control of the Town,
shall operate equipment or conduct any construction or demolition
operation or perform any other act, even though the same may be on
private property, in such manner as to endanger pedestrians or vehicles
on any street, sidewalk or public place adjoining or in the vicinity
of such acts unless he constructs an adequate barrier, fence, sidewalk
bridge, catch platform or other structure to protect such pedestrians
or vehicles. The necessity for or adequacy of such protective devices
or structures shall be in the discretion of the Commissioner. If such
protective devices or structures are required, they shall be constructed
to the specifications of the Town, county or State of New York or
any agency having jurisdiction thereof, provided that if more than
one agency has such specifications, the most stringent shall govern.
Such construction shall be pursuant to a street excavation permit
applied for in the manner described under that section for devices
and structures to be located on the public right-of-way, and pursuant
to a building permit for devices and structures to be located on private
property.
Applications and procedures for issuance of such permits shall be the same as described in Article II of this chapter.
