[Adopted as Ch. XIV, Art. I, of the 1938 Code of Ordinances (Ch.
211, Art. V, of the 1981 Code)]
Any person desiring to obstruct any setback, sidewalk or public place
shall file with the Board of Trustees an application in writing requesting
a license so to do. Such application shall show:
A.
The name and address of the person proposing to make
such obstruction.
B.
An exact description of the place where such obstruction
is to be made.
C.
The exact description of the nature, size and form of
the obstruction.
D.
A statement of the reasons for making such obstruction
and the result to be accomplished.
No license for such obstruction shall be issued on any application unless
and until there shall be filed with the Board of Trustees a bond with such
surety or sureties and in such penal sum as the Board of Trustees may approve,
but in no event in a penal sum of less than $1,000, conditioned upon the person
making or causing the obstruction:
A.
Faithfully complying with the terms and conditions of
the license.
B.
Complying with any and all regulations relative to obstruction
on, in or under the surfaces of public places.
C.
Indemnifying and saving harmless the Village from any
and all damages, claims for damage, loss, cost or expense which may be brought
against it by any person for or on account of any injury to person or property
resulting from or occasioned by such obstruction or any matter or thing connected
therewith.
Whenever the Board of Trustees shall grant a license under this article,
it shall cause the license to be prepared, but not executed or delivered to
the applicant until the bond hereinbefore provided for shall have been filed
and approved, provided that a copy of such proposed license shall be sent,
upon request, to any surety which may be about to execute the bond herein
requested.
Upon the filing of the bond with the Board of Trustees and the approval
thereof, the Board shall execute and deliver the license to the applicant.
Such license shall:
A.
Authorize the person named therein to make and/or maintain
the obstruction therein described to the extent therein specified and prescribe
the number of days such obstruction may be maintained.
B.
State any particular terms or conditions upon which it
may have been granted and, in any event, shall contain a recital that any
and all ordinances, rules and regulations of the Village of Babylon relative
to obstructions in or on any setback, sidewalk or public place are made a
part of such license.
The period of time within which any obstruction in or on any setback,
sidewalk or public place must, by the terms of any license, be filled, closed
or removed shall not be enlarged or extended, and no change shall be made
in the license, after a copy of the license has been sent to the surety, unless
the consent of the surety upon the bond shall first have been obtained in
writing and filed with the Board of Trustees.
No obstruction in or on any setback, sidewalk or public place shall
be made in such manner as to cut off entirely the passage of traffic along
or across such public place, and any obstruction which would traverse entirely
the public place in which it is being made shall be made a part at a time
so that there shall, at all times, be provided a safe and secure passage for
traffic along or across such public place.
It shall be the duty of the person making the application for a license hereunder to do whatsoever may be requisite and necessary to be done to maintain in full force and effect the surety bond required by § 308-29 hereof, and such person shall not permit such bond to lapse until he shall have been discharged from all liability hereunder.
The applicant for a license to make any obstruction on a setback, sidewalk or public place shall pay the Board of Trustees the fee provided in Chapter 215, Licensing.
Curb pumps and tanks in use on public places at the date of adoption
of these rules and regulations may be licensed until removed by notice and
order of the Board of Trustees. In no case shall a curb pump or tank be replaced.
[Added 11-30-1981 by L.L. No. 22-1981]
A.
Any person committing an offense against any provision
of this article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this article shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this article.
