Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[Adopted 6-24-1986 by L.L. No. 11-1986]
As used in this article, the following terms shall have the meanings indicated:
DOUBLE POLE
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]
PERSON
Includes any individual, firm, partnership or corporation.
PLANT
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]
UTILITY
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.