[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 7-25-1955 as Sec. 9 of Ch. 4 of the Unified Code of Ordinances, effective 10-2-1955. Section 172-3A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Building Department and permits — See Ch. 126, Art. I.
Street and sidewalk excavations — See Ch. 296, Art. I.
It is necessary in the Village of Mamaroneck, in order to promote the health, safety and general welfare of the people in the Village of Mamaroneck, including the protection and preservation of the property of the Village of Mamaroneck and its inhabitants and of peace and good order of the people therein, to declare that it shall be unlawful and illegal, except under certain conditions, to excavate upon or remove sand, gravel, earth or topsoil from any land in the Village of Mamaroneck, except where plans and specifications have been filed and a permit obtained as provided in the Building Code and other ordinances of the village.[1]
[1]
Editor's Note: See Ch. 126, Art. I, Building Department and Permits.
A. 
It is hereby prohibited and it shall be unlawful and illegal for any owner, executor, legal representative, agent, lessee or other person or any firm, association or corporation having any interest, whether vested or contingent, in any land or lands in the Village of Mamaroneck containing five (5) acres or less to excavate upon or remove sand, gravel, earth or topsoil from any land in the Village of Mamaroneck, except where plans and specifications have been filed and a permit obtained as provided in the Building Code and other ordinances of the village.[1]
[1]
Editor's Note: See Ch. 126, Art. I, Building Department and Permits.
B. 
It is hereby prohibited and it shall be unlawful and illegal for any owner, executor, legal representative, agent, lessee or other person or any firm, association or corporation having any interest, whether vested or contingent, in any land or lands containing an area in excess of five (5) acres to excavate upon or remove sand, gravel, earth or topsoil from any portion of such lands within one thousand (1,000) feet of any adjoining property line, street, highway or public road, except where plans and specifications have been filed and a permit obtained as provided in the Building Code and other ordinances of the Village of Mamaroneck.[2]
[2]
Editor's Note: See Ch. 126, Art. I, Building Department and Permits.
C. 
The act of excavating or removing sand, gravel, earth or topsoil, except where a permit has been obtained pursuant to the provisions of any ordinance or statute affecting the people of the Village of Mamaroneck, upon any plot or parcel of land containing five (5) acres or less or upon that portion of any plot of land in excess of five (5) acres within one thousand (1,000) feet of any adjoining property line, street, highway or public road is hereby declared to be illegal and unlawful.
A. 
Any person who himself or itself or by his or its agent or employee shall violate any of the provisions of this chapter or any order, rule or regulation made in pursuance thereof shall, upon conviction thereof, be subject to a fine of not more than two hundred fifty dollars ($250.) or imprisonment not to exceed fifteen (15) days, or both, and each day on which such violation continues shall be a separate offense.
[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
B. 
In addition thereto, the Village of Mamaroneck may enforce obedience to this chapter or any part thereof by injunction to restrain the violation thereof, notwithstanding the penalties above provided.