[Adopted 6-24-1986 by L.L. No. 11-1986]
As used in this article, the following terms
shall have the meanings indicated:
Any utility pole that is located directly next to or in close
proximity to, and is shorter in height than, another utility pole.
[Added 10-26-2010 by L.L. No. 35-2010]
Includes any individual, firm, partnership or corporation.
Any attachment to a utility pole, including but not limited
to cables, terminals, conductors, and other fixtures necessary for
transmitting electric, telephone, cable television or other telecommunication
services.
[Added 10-26-2010 by L.L. No. 35-2010]
Any corporation, authority, or other entity that provides
electric, telephone, cable television or other telecommunications
service to the residents of the Town of Southampton.
[Added 10-26-2010 by L.L. No. 35-2010]
[Amended 3-9-1993 by L.L. No. 7-1993]
No person, firm or corporation shall change
or alter the grade of any Town highway or of any sidewalk upon or
in a Town highway of the Town of Southampton, or in any manner alter
or change the line or height of any curb in any Town highway in said
Town, or open the surface of any Town highway of the Town of Southampton,
or make any excavation under the surface thereof for any purpose,
or place or erect any pole for any purpose in or upon any Town highway
of said Town, or alter or change the location of any existing pole
in any Town highway of said Town without first having obtained the
written consent of the Town Superintendent of Highways. Application
for a permit under this section shall be made upon a form to be provided
by the Superintendent of Highways and upon payment of a permit fee
of $50.
[Added 10-26-2010 by L.L. No. 35-2010]
A.
When the Superintendent of Highways issues a permit for the installation of a utility pole which is directly next to or in close proximity to another utility pole in a Town highway or right-of-way, the applicant shall have 60 days to remove the damaged or double pole following the installation of the new pole. Failure to do so may result in penalties as provided for in § 287-19 of this article.
B.
When
the Superintendent of Highways determines that a utility pole in a
Town highway or right-of-way is damaged and/or a double pole, the
Superintendent of Highways shall notify the utility that owns or operates
the pole that it must remove said pole within 30 days of written notice
or be subject to penalty.
[Added 10-26-2010 by L.L. No. 35-2010]
When the Superintendent of Highways determines that a utility
pole in a Town highway or right-of-way, which has a plant attached
to it, is damaged and/or a double pole, the Superintendent of Highways
shall notify any utility with a plant on the damaged or double pole
that it must remove its plant from the pole, as well as the pole,
within 30 days of written notice or be subject to penalty.
[Amended 10-26-2010 by L.L. No. 35-2010]
The Town Superintendent of Highways shall not give his written consent that any act or acts as set forth in § 287-13 or 287-13.1 of this article shall be performed unless there shall have been furnished by the applicant sufficient indemnity or performance bond as determined by the Superintendent of Highways as a condition precedent to the issuance of the permit and the commencement of work. Said bond or indemnity shall be for a reasonable amount and may cover one or more than one of the acts specified in §§ 287-13 and 287-13.1 of 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 Town Superintendent of Highways. The approval of the Superintendent of Highways as to amount, form, manner of execution and sufficiency of surety or sureties shall be entered on said bond before it 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 disturb, break, mar, injure,
remove or deface, or cause to be disturbed, broken, marred, injured,
removed or defaced, the surface or any part of any highway, street,
road, sidewalk, sidepath, passway or other public way of the Town
of Southampton 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 Southampton 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 Southampton 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,
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 Southampton 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 or any other part
of any highway, street, road, sidewalk, sidepath, passway or public
way of the Town of Southampton or maintained by it.
A.
When any vehicle is parked or abandoned on any highway
within the unincorporated limits of the Town during a snowstorm, flood,
fire or other public emergency which affects that portion of the public
highway upon which said vehicle is parked or abandoned, said vehicle
may be removed by the Town.
B.
When any vehicle is found unattended on any highway
within the unincorporated limits of this Town, where said vehicle
constitutes an obstruction to traffic, said vehicle may be removed
by the Town.
C.
After removal of any vehicle as provided in this section,
the Town may store such vehicle in a suitable place at the expense
of the owner. Such owner or person in charge of the vehicle may redeem
the same upon payment to the agent of the impounding location of the
amount of all expense actually and necessarily incurred in affecting
such removal, together with any charge for storage, such storage charges
not to exceed $2 per day or fraction thereof.
D.
The Town shall, without delay, report the removal
and the disposition of any vehicle removed as provided in this section
to the Town Police Department and request the Town Police Department
to ascertain the owner of the vehicle or person having custody of
the same and to notify him of the removal and disposition of such
vehicle and of the amount which shall be required to redeem the same.
A.
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 hereto.
B.
A violation of the foregoing shall be punishable by
a fine not exceeding $1,000 or by imprisonment not exceeding 30 days,
or by both.
[Amended 7-10-1990 by L.L. No. 19-1990]
C.
With respect to utility poles, plants, and attachments, in the case of a violation of §§ 287-13, 287-13.1 and 287-13.2 above, a penalty of $250 shall be assessed for each day the pole, plant, or attachment is left standing beyond the period for removal. If a utility fails to comply with these provisions, the Town may commence an action in a court of competent jurisdiction for necessary relief, which may include the imposition of civil penalties as authorized by this article, an order to remove the pole, plants and/or attachments, the recovery of costs of the action and such other remedies as may be necessary to prevent or enjoin such condition from existing in a Town highway or right-of-way.
[Added 10-26-2010 by L.L. No. 35-2010]
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 Southampton
by the Superintendent of Highways.
