[HISTORY: Adopted by the Town Board of the
Town of Geddes as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-8-1974 as Ch. 50 of the 1974 Code]
No person shall injure or tear up any pavement,
street or crosswalk, nor shall any person dig any hole or trench in
any streets to connect with sewer or gas pipes, or for any other purpose,
without first having obtained permission of the Superintendent of
Highways in writing.
Any person who shall tear up the pavement of
any street or dig any hole or trench in any street shall restore such
street and pavement to as good condition as it was before, and such
pavement shall be relaid and such hole or trench shall be refilled
under the direction of and to the satisfaction of the Superintendent
of Highways.
When consent shall be obtained to connect with
a sewer, the person obtaining the same or making such connection,
or his grantees, shall not be entitled to a claim against the town
for any damage sustained by reason of the flooding of the sewer which
such connection shall make, whether such flooding shall be occasioned
by want of capacity of such sewer or obstruction therein; and any
person who shall connect a drain or sewer from his or her premises
with any public sewer shall waive all damages which such person may
be subjected to on account of backwater from such public sewer.
Any person who shall dig or cause to be dug
any hole or trench in any street, lane or alley of the town, and shall
not properly refill the same before dark of the same day, shall notify
the Town Superintendent of Highways and the Superintendent of Fires
(who is the Supervisor of the town) that he proposes to leave such
hole or trench open during the following night protected by a suitable
guard and signals, giving the exact location thereof, and shall serve
such notice before 5:00 p.m. of said day.
A.
Whenever any person or corporation shall do or cause
to be done any subway work, steam pipe work, the laying of mains,
extending or establishing any telecommunications, telephone or electric
light system or any other work of a like nature, all excavations or
underground work shall be subject to inspection.[1]
B.
The Superintendent of Highways shall appoint a competent
inspector of such work at a compensation in an amount set from time
to time by resolution of the Town Board, the cost of said inspection
to be borne and paid by the person, company or corporation doing or
causing such work to be done.[2]
C.
Whenever such work shall be done in sections or in
such a manner that one inspector cannot thoroughly inspect the same,
in the judgment of the Superintendent of Highways, then an inspector
for each section shall be appointed and paid as hereinabove provided.
D.
Said inspector or inspectors shall see that the property
of the town and other corporations, persons or companies holding rights
within the streets are properly protected.
No person shall, without permission from the
Superintendent of Highways, dig, remove or carry away any stone, earth,
sand or gravel from any street, lane or public park or square or town
property in the town.
No owner of any land within the town limits
shall allow any sidewalk adjoining said land to be at any time other
than in good repair and in a good and safe condition.
No owner of any land within the town limits
shall allow any accumulation of snow or ice or any obstruction on
any sidewalk adjoining said land.
[Added 1-14-2020 by L.L. No. 2-2020]
A.
No person
shall plow, shovel, sweep or pile snow, ice or other such materials
in or beyond the right-of-way of any street or public highway or cause
such to be done so as to interfere with the safety and convenience
of public travel or such as to constitute an obstruction of the sight
of persons traveling by vehicle or by foot on public streets or sidewalks
or on private driveways.
B.
No person
shall plow, shovel or pile snow from a private or public driveway
in such a manner as to deposit the same in the public roadway or on
a public right-of-way or sidewalk or across the street from said driveway
or onto the property of another without that person's consent.
[Added 1-19-2001 by L.L.
No. 1-2001]
Any person found guilty of a violation of this
chapter shall be punishable by a fine of not more than $250, imprisonment
for not more than 15 days, or both such fine and imprisonment.
[Adopted 5-12-1980 by L.L. No. 4-1980 (Ch. 40 of the 1974
Code)]
Before a civil action for damages or injuries
can be brought against the Town of Geddes, its agents and employees
or the Town of Geddes Superintendent of Highways, its agents and employees,
prior written notice must be given of the defective, unsafe or dangerous
condition of a street, highway, bridge, culvert, sidewalk or crosswalk.
This chapter further eliminates the constructive
notice provision of Town Law § 65-a, Subdivision 1.
