[HISTORY: Adopted by the Board of the Trustees of the Village of Mill Neck 8-6-1954 as Ord. No. 9. Sections 106-2, 106-3, 106-4 and 106-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
No water company, gas company, telephone or electric light company or any person or association of persons shall open and dig up any portion of a public road, unless for repairs of an immediate emergency character to safeguard public health and safety, for any purpose without a written permit from the Village Clerk of the village; provided, however, that such company or person must notify the Village Clerk immediately of such emergency.
A permit for the opening of a public road shall provide that the party making the opening shall backfill or casue to be backfilled the opening and shall place thereon such temporary pavement as shall be approved by the Village Commissioner of Sanitation, Roads and Buildings which pavement shall be cared for by the applicant until such time as the Village Commissioner of Sanitation, Roads and Buildings shall decide that proper settlement to allow the laying of a permanent pavement has taken place, such time, however not to exceed six months. The party making the pavement shall notify the Commissioner of Sanitation Roads and Buildings when said opening has been backfilled or temporarily paved. The fee for such permit shall be as set forth in Chapter A132, Fees.
Each applicant for a permit other than a water, gas, telephone or electric light company, before the issue of a permit, shall, in addition to the permit fee, deposit with the Village Clerk the sum set forth in Chapter A132, Fees, for an opening in a public road to cover the cost of restoration of the road to the condition before opening.
Each water company, gas company, telephone or electric light company, in lieu of the deposit as required in § 106-3 hereof, may execute and deliver to the village an indemnity bond in the sum set forth in Chapter A132, Fees, guaranteeing restoration of the roads to the condition before the opening was made and to indemnify the village against a nonperformance thereof.
After said restoration is made, if the cost has not amounted to the sum deposited to cover the cost, the balance shall be refunded by the village. If the costs exceeds the sum on deposit, the applicant shall pay such excess amount.
Any person committing an offense against any provision of this chapter 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 to $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 chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.