[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 7-25-1955 as Sec. 9 of Ch. 4 of the Unified Code of Ordinances,
effective 10-2-1955. Section 172-3A amended at time of
adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
It is necessary in the Village of Mamaroneck, in order to promote the
health, safety and general welfare of the people in the Village of Mamaroneck,
including the protection and preservation of the property of the Village of
Mamaroneck and its inhabitants and of peace and good order of the people therein,
to declare that it shall be unlawful and illegal, except under certain conditions,
to excavate upon or remove sand, gravel, earth or topsoil from any land in
the Village of Mamaroneck, except where plans and specifications have been
filed and a permit obtained as provided in the Building Code and other ordinances
of the village.[1]
[1]
Editor's Note: See Ch. 126, Art. I, Building Department and Permits.
A.Â
It is hereby prohibited and it shall be unlawful and
illegal for any owner, executor, legal representative, agent, lessee or other
person or any firm, association or corporation having any interest, whether
vested or contingent, in any land or lands in the Village of Mamaroneck containing
five (5) acres or less to excavate upon or remove sand, gravel, earth or topsoil
from any land in the Village of Mamaroneck, except where plans and specifications
have been filed and a permit obtained as provided in the Building Code and
other ordinances of the village.[1]
[1]
Editor's Note: See Ch. 126, Art. I, Building Department and Permits.
B.Â
It is hereby prohibited and it shall be unlawful and
illegal for any owner, executor, legal representative, agent, lessee or other
person or any firm, association or corporation having any interest, whether
vested or contingent, in any land or lands containing an area in excess of
five (5) acres to excavate upon or remove sand, gravel, earth or topsoil from
any portion of such lands within one thousand (1,000) feet of any adjoining
property line, street, highway or public road, except where plans and specifications
have been filed and a permit obtained as provided in the Building Code and
other ordinances of the Village of Mamaroneck.[2]
[2]
Editor's Note: See Ch. 126, Art. I, Building Department and Permits.
C.Â
The act of excavating or removing sand, gravel, earth
or topsoil, except where a permit has been obtained pursuant to the provisions
of any ordinance or statute affecting the people of the Village of Mamaroneck,
upon any plot or parcel of land containing five (5) acres or less or upon
that portion of any plot of land in excess of five (5) acres within one thousand
(1,000) feet of any adjoining property line, street, highway or public road
is hereby declared to be illegal and unlawful.
A.Â
Any person who himself or itself or by his or its agent
or employee shall violate any of the provisions of this chapter or any order,
rule or regulation made in pursuance thereof shall, upon conviction thereof,
be subject to a fine of not more than two hundred fifty dollars ($250.) or
imprisonment not to exceed fifteen (15) days, or both, and each day on which
such violation continues shall be a separate offense.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
B.Â
In addition thereto, the Village of Mamaroneck
may enforce obedience to this chapter or any part thereof by injunction to
restrain the violation thereof, notwithstanding the penalties above provided.
