Village of Lake Grove, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lake Grove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Snow emergency and removal — See Ch. 146.
[Adopted 11-16-1978 as Ch. 109, Art. I, of the 1978 Code]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
HIGHWAY
Any street, avenue, highway, lane, drive, road, sidewalk, path, passageway or any kind of public thoroughfare maintained by and within the Incorporated Village of Lake Grove.
PERSON
An individual, firm, partnership, company, corporation or group of persons or association.
VILLAGE BOARD
The duly elected members of the village government, consisting of the Mayor and the four Trustees.
A. 
No person shall change or alter the grade of any village highway within the Village of Lake Grove, nor in any manner alter or change the line or height of any curb in any village highway, nor open the surface nor make any excavation under the surface thereof for any purpose whatsoever in or upon any village highway, nor alter or change the location of an existing pole in any village highway, without first having obtained a permit from the Village Superintendent of Public Works or such person as may be the head of the Village Highway Department.
B. 
No person nor any utility company or water company shall remove, cut down or deform by excessive cutting or trimming of branches any tree along any of the highways within the village without the prior written consent from the Village Board. In case of a storm, hurricane or other emergency, oral consent, to be later confirmed in writing, may be given by the Superintendent of Public Works or the head of the Highway Department.
The fee for any such permit as provided in § 154-2 above shall be as set forth in the fee schedule of the Village of Lake Grove.[1]
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
No person shall disturb, break, mar, injure, remove or deface, or cause to be disturbed, broken, marred, injured, removed or defaced, in any manner whatsoever, the surface or any part of any highway of the village or maintained by it, without a permit from the Superintendent of Public Works or head of the Highway Department.
No person shall operate, drive, propel or tow in, within or upon any highway of the Village of Lake Grove or maintained by it, any object, vehicle or machinery equipped with metal lugs, teeth, disks or other device which may in any way disturb, break, mar, injure, remove or deface the surface or any other part of any such highway of the Village of Lake Grove or maintained by it, excepting that this section shall not be construed to prohibit the use of carbon-, ceramic- or tungsten-studded tires by motor vehicles, provided that a person using said studded tires does not willfully or maliciously disturb, break, mar, injure, remove or deface the surface or any other part of any such highway of the Village of Lake Grove or maintained by it.
[Amended 9-9-2002 by L.L. No. 5-2002]
No person shall do or cause to be done any act or thing which shall cause or contribute to a condition, within, upon, adjoining or adjacent to any highway within the Village of Lake Grove, which shall be dangerous to the health, safety or welfare of persons using the same or shall impair the public use thereof or obstruct or tend to obstruct or render the same dangerous for passage.
The Superintendent of Public Works shall not issue a permit unless there shall have been furnished by the applicant a sufficient indemnity or performance bond or cash, or equivalent thereto, as determined by the Superintendent of Public Works, as a condition precedent thereto for the proper restoration of the part of the highway that may be opened, excavated or disturbed. And said bond or indemnity shall be for a reasonable amount as may cover one or more than one of the acts specified in this article, and said bond or indemnity may cover any period of time necessary to include the accomplishment of one or more of the aforesaid acts, all as shall be determined by the Superintendent of Public Works. The approval of the Superintendent as to amount, form, manner of execution and sufficiency of surety or sureties shall be endorsed on said bond before it shall be filed in the Village Clerk's office, and said bond shall be so filed before said permit shall be effective.
The enactment of this article or any prosecution hereunder shall not be deemed to prevent or prohibit an action for the collection of damages or penalties by or on behalf of the Village of Lake Grove by the Superintendent of Public Works for any damage caused or suffered upon any village highway as herein provided.
A. 
A violation of any of the provisions of this article shall, upon conviction thereof, be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
B. 
Each period of 24 hours, that is, each calendar day, during which or any part of which any violation of this article continues, shall constitute a separate violation.