[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:
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.
An individual, firm, partnership, company, corporation or group of
persons or association.
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.
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.
