[Adopted 10-21-1985 as Ch. 65, Art. IV, of the 1985 Code]
[Amended 4-6-2015 by L.L.
No. 2-2015]
No turn-off box, water meter, basketball hoop
or similar apparatus or appliance or device of a similar nature, or
obstruction of any kind, except a water hydrant, shall be placed in
the traveled portions of the highway, sidewalk or space between the
sidewalk and the traveled part of the highway, including the space
between the sidewalk and the curb, except as hereinafter provided.
The Town Board shall have authority to grant
a permit to construct such turn off box, water meter, appliance or
device in the highway or sidewalk upon such terms and conditions as
will properly safeguard the use of the sidewalks and highway by the
public, providing conditions are such as to make it impractical to
install the same elsewhere.
Any permit granted to any person, firm or corporation
under this article or any other ordinance regulating the opening of
the street to connect with underground sewers, water mains or pipes
shall be conditioned upon a compliance with the terms and conditions
of this article.
Such permit shall also be conditioned upon the
right of any officer or employee of the town or the duly authorized
representative or employee of the company supplying the premises with
water, in the performance of his duties, to enter upon any premises
within the town to turn on or to turn off, examine, inspect, repair,
replace or remove such appliance.
[Added 4-6-2015 by L.L.
No. 2-2015]
The provisions of § 210-21 shall be enforced by the officers of the Cheektowaga Police Department.
Any person, firm or corporation who shall install
a turn off box, water meter, appliance or device of a similar nature
in the traveled portion of the highway, sidewalk or space between
the sidewalk and traveled part of the highway, including the space
between the sidewalk and the curb, without having obtained a permit
to do so from the Town Board, shall be guilty of disorderly conduct
and shall be subject to a fine of not to exceed $100.
In addition to the penalty hereinbefore prescribed
for a violation of this article. the town may remove the obstruction
and charge the expense thereof to the person, firm or corporation
installing such appliance, and the owner of the property in front
or side of whose premises such obstruction exists shall also be liable
for the expense of removing such obstruction, which expense may be
recovered by action or by local assessment against the premises, to
be made, levied and collected as other local assessments are made,
levied and collected pursuant to law.
