No person shall disturb, break, mar, injure,
remove or deface or cause to be disturbed, broken, marred, injured,
removed or defaced any surface or any part of any highway, street,
road, sidewalk, sidepath, passway or other public way of the Town
of Brookhaven or maintained by it, in any manner whatsoever except
with the written consent of the Superintendent of Highways of said
Town. The Town Superintendent of Highways shall not give his written
consent that any such act be performed unless there shall have been
furnished by the applicant a sufficient indemnity or performance bond
as a condition precedent thereto, and said bond shall be for a reasonable
amount which shall be determined by the Town Superintendent of Highways,
whose approval thereof as to amount, form, manner of execution and
sufficiency of surety or sureties shall be endorsed thereon before
said bond shall be filed in the Town Clerk's office, and said bond
shall be so filed before said consent shall be effective.
No person shall do or cause to be done any act
or thing which shall cause or contribute to a condition in, within
or upon any highway, street, road, sidewalk, sidepath, passway or
other public way of the Town of Brookhaven or maintained by it, which
shall be dangerous to the health, safety or welfare of persons using
the same or impair the public use thereof or obstruct or tend to obstruct
or render the same dangerous for passage.
No person shall operate, drive, propel or tow
in, within or upon any highway, street, road, sidewalk, sidepath,
passway or other public way of the Town of Brookhaven or maintained
by it, any object, vehicle or machinery equipped with metal lugs,
teeth, discs or other devices which shall in any way disturb, break,
mar or injure, remove or deface the surface or any other part of any
such highway, street, road, sidewalk, sidepath, passway or other public
way of the Town of Brookhaven or maintained by it, except 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 of any other part
of highway, street, road, sidewalk, sidepath, passway or public way
of the Town of Brookhaven or maintained by it.
Each period of 24 hours, that is, each calendar
day, during which or any part of which any violation of this article
continues shall constitute a separate violation hereof.
As used in this article, the following terms
shall have meanings as indicated:
PERSON
Includes any firm, partnership or corporation.
The enactment hereof 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 Town of Brookhaven
or the Superintendent of Highways.
[Added 5-18-2010 by L.L. No. 6-2010, effective 5-28-2010; amended 12-16-2021 by L.L. No. 22-2021, effective 12-23-2021]
A. The owner,
tenant and/or occupant of any real property, building or structure
adjacent to any street, highway, roadway, public lane, alley or square
in any zoning district shall keep any sidewalk adjacent to said real
property, building or structure free and clear of snow, ice and all
other obstructions, and keep such sidewalk in a clean condition and
free from filth and dirt. Such owner or occupant, and each of them,
shall be liable, and must indemnify and defend the Town, for any injury
or damage by reason of omission, failure or negligence to both maintain
and keep such sidewalk free and clear of snow, ice and all obstructions
and keep such sidewalk clean of condition and free from filth and
dirt.
Any person convicted of a violation of any of the provisions of §
38-3,
38-4 or
38-5 shall be guilty of the following:
A. A violation, for a first conviction, punishable by
a fine not exceeding $250 or by imprisonment not exceeding 15 days,
or both.
B. A misdemeanor, for a second or subsequent conviction, punishable
by a fine not exceeding $500 or by imprisonment for not less than
15 days nor more than 30 days, or both.
[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]