[Adopted 11-16-1978 as Ch. 109, Art. I, of the 1978 Code]
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
HIGHWAY
Any street, avenue, highway, lane, drive, road, sidewalk,
path, passageway or any kind of public thoroughfare maintained by
and within the Incorporated Village of Lake Grove.
PERSON
An individual, firm, partnership, company, corporation or
group of persons or association.
VILLAGE BOARD
The duly elected members of the village government, consisting
of the Mayor and the four Trustees.
The fee for any such permit as provided in §
154-2 above shall be as set forth in the fee schedule of the Village of Lake Grove.
No person shall disturb, break, mar, injure,
remove or deface, or cause to be disturbed, broken, marred, injured,
removed or defaced, in any manner whatsoever, the surface or any part
of any highway of the village or maintained by it, without a permit
from the Superintendent of Public Works or head of the Highway Department.
No person shall operate, drive, propel or tow
in, within or upon any highway of the Village of Lake Grove or maintained
by it, any object, vehicle or machinery equipped with metal lugs,
teeth, disks or other device which may in any way disturb, break,
mar, injure, remove or deface the surface or any other part of any
such highway of the Village of Lake Grove or maintained by it, excepting
that this section shall not be construed to prohibit the use of carbon-,
ceramic- or tungsten-studded tires by motor vehicles, provided that
a person using said studded tires does not willfully or maliciously
disturb, break, mar, injure, remove or deface the surface or any other
part of any such highway of the Village of Lake Grove or maintained
by it.
[Amended 9-9-2002 by L.L. No. 5-2002]
No person shall do or cause to be done any act
or thing which shall cause or contribute to a condition, within, upon,
adjoining or adjacent to any highway within the Village of Lake Grove,
which shall be dangerous to the health, safety or welfare of persons
using the same or shall impair the public use thereof or obstruct
or tend to obstruct or render the same dangerous for passage.
The Superintendent of Public Works shall not
issue a permit unless there shall have been furnished by the applicant
a sufficient indemnity or performance bond or cash, or equivalent
thereto, as determined by the Superintendent of Public Works, as a
condition precedent thereto for the proper restoration of the part
of the highway that may be opened, excavated or disturbed. And said
bond or indemnity shall be for a reasonable amount as may cover one
or more than one of the acts specified in this article, and said bond
or indemnity may cover any period of time necessary to include the
accomplishment of one or more of the aforesaid acts, all as shall
be determined by the Superintendent of Public Works. The approval
of the Superintendent as to amount, form, manner of execution and
sufficiency of surety or sureties shall be endorsed on said bond before
it shall be filed in the Village Clerk's office, and said bond shall
be so filed before said permit shall be effective.
The enactment of this article or any prosecution
hereunder shall not be deemed to prevent or prohibit an action for
the collection of damages or penalties by or on behalf of the Village
of Lake Grove by the Superintendent of Public Works for any damage
caused or suffered upon any village highway as herein provided.
[Amended 3-21-2024 by L.L. No. 5-2024]
Any person, corporation, firm, partnership, limited-liability company, trust, trustee, estate, estate fiduciary or representative or other entity who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in §
1-14 of the Code of the Village of Lake Grove.