[Adopted 3-13-1974 as L.L. No. 1-1974]
Every trench, excavation and construction site,
and all materials used in connection therewith, located within the
right-of-way of a public thoroughfare within the Town of Tuxedo or
upon any abutting premises where the operations in connection therewith
shall interfere with or encroach upon the public way shall be protected
on all sides by a horizontal barricade of wood or other solid material
colored yellow or orange and not less than 48 inches in height. Each
such barricade shall be equipped with battery-operated flashing signals
not more than six feet apart along its entire length and attached
no lower than 48 inches nor higher than 60 inches from ground level.
No person shall use or cause to be used for
signals or warning lights any lamp, lantern, smudge pot or other device
utilizing an open flame or a combustible or flammable fuel.
[Amended 10-10-1979 by L.L. No. 7-1979]
Any person committing an offense against any
provision of this article shall, upon conviction, 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 not exceeding 15
days, or by both such fine and imprisonment. The continuation of an
offense shall constitute, for each day the offense is continued, a
separate and distinct violation.
