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1965-04-29 PH228 A Public Hearing was held by the Town Board, Town of Wappinger at the Town Hall, Mill Street, Wappingers Falls, N. Y. on Thursday evening, April 29, 1965 for the purpose of enacting an Ordinance to Restrict Trade and Busin- esss on Memorial Day and Independence Day in the Town of Wappinger. Present:-CouncilMen-George Robinson and Louis J Deihl, Justice of the Peace Vincent Francese and Wflliam J. Bulger, Attorney for Town -Harold Reilly, gn§ineer for Town -Vincent Kelly, Highway Superintendent -Robert Lawson, Building Inspector -Joseph Ludewig, Town Clerk -Helen L. Travis. The Hearing was Called to order at 7:30 P. M. by Deputy Supervisor George Robinson. Town Clerk.,Helen L. Tolivis showed proof that Hearing had been properly advertised in the Newspaper and on the Bulletin Board. There was nobody present to speak aginst this ordinance. Motion was made by Justice of the Peace Bulger and seconded by Justice of the Peace Francese that the hearing be closed at 7:45 P. M. Motion carried Signed Town Clerk Motion was made by Justice of the Peace Bulger and seconded by Justice of the Peace Francese that we hold a Special Meeting at this time. The following vote was taken -Councilman Deihl --Aye, Councilman Robinson --Aye, Justice of the Peace Bulger --Aye, Justice of the Peace Francese--Aye. Motion was made by Justice of the Peace Bulger and seconded by Justice of ordinance the Peace Francese that the following reznimtion be adopted: - Section 1. Trade restricted. All trades, manufacturers and mechanical employments upon the 30th day of May, known as Memorial Day, and the 4th day of July, known as In- dependence Day, are hereby prohibited, excepjthat when the same are workftirs of necessity, they may be performed on that day in their usual and orderly manner, so as not to interfere with the obsevance of said days. Section 2. Business restrictions. A11 manner of public selling or offering for sale upon the 3010 day of May, known as Memorial Day and on the 4th day of July, known as Independence Day, is prohibited except as follows: (a) Articles of food may be sold, served, supplied and delivered at any rite before ten o'clock in the morning. (b) Meals may be sold to be eaten on the premises where sold at any time of the day. (c)Caterers may serve meals to their patrons at any time of the day. (d) Prepared tabacco, bread, milkieggs, ice soda water, fruit flowers, confectionery, souvenirs, newspapers, magazines, gasoline, oil, tires, drugs, medicines and surgical instruments may be sold and may be delivered at any time of the day. (e) Grocers, delicatessen dealers, and bakeries may sell, supply, serve and deliver cooked and prepared foods, and farmers markets or readside stands selling fresh vegetable and other farm produce, and fishing tackle and bait stores may sell, supply, serve and deliver merchandise usually sold by themat any time of the day. (f) Persons, firms or corporations holding licenses or permits issued under the provisions of the Alcoholic Beverage Control Law. Section 3, Penaltimi. Violation of this ordinance shall be punishable by a fine of not more than $50.00 or for imprisonment for not more than thirty days, or both such fine and imprisonment. This ordinance shall take effect ten days after publication and posting as required by law. Dated April 29th, 1965 The following vote was taken, Councilman Deihle--Aye, Coundilman Robinson - Aye, Justice of the Peace-Bulger—Aye, Justice of thePeace-Francese--Aye. A letter was read from Attorney, Judson Williams, offering the Town a set of Mc ilcanney Law Books for $240.00. Motion was made by Justice of the Peace Francese and seconded by Justice of Peace Bulger that the Town purchase the set of Mc Kinney Law Books for the sum of $240.00 . Motion carried Motion was made by Justice of the Peace Bulger and seconded by Justice of the Peace Francese that the meeting adjourn. Motion carried Signed /3\7al-v•---/- Town Clerk 230 A Public Hearing was held by the Town Board, Town of Wappinger, at the Town Hall, Mill Street, Wappingers Falls, N. Y. on Thursday evening April 29th, 1965 for the purpose of enacting an Ordinance Regulating excavations in and under and Deposits of Material on or about certain Public Streets, Highways and sidewalks and other public places in Town of Wappinger, Dutchess County, New York. Present-61opedifiser-Richard H. Linge, Councilmen -George Robinson & Louis Dehil, Justice of the Peace- William Bulger and Vincent Francese, Attor- ney for Town -Harold Reilly, Engineer for Town-Vinkcent Kelly, Highway Superintendent -Robert Lawson, Building Inspector -Joseph Ludewig, Town Clerk -Helen L. Travis. Town Clerk -Helen L. Travis showed proof that Hearing had been properly advertised in the Newspaper and on the BulletinBoard. Hearing was opened at 8:00 P. M. by Supervisor Richard H. Linge. There was no one heft/ to be heidd for or against this Ordinance; Couocilman Deihl suggested that the following paragraph be added to Section 3. "This section shall be applicable to and prohibit individuals from depositing materials on Public Highways as anresult of improvements and grading of their property". Supervisor Linge declared the meeting closed at 8:08 P. M. Motion was made by Justice of the Peace Bulger and seconded by Justice of the Peace Francese that a Special meeting be held at this time. The following vote was taken -Supervisor -Richard H. Linge--Aye, Councilman -Louis Deihl -- Aye, Councilman -George Robinson --Aye, Justice of the Peace William Bulger -- Aye- Justice of the Peace -Vincent Francese-Aye. The meeting was called to order at 8:10 P. M. by Supevvisor-Richard H. Linge. Present: -Supervisor -Richard H. Linge,Councilmen-Louis Deihl & George Robinson, Justice of the Peace -William Bulger and Vincent Francese, Attorney for Town - Harold Reilly, Engineer for Town -Vincent Kelly, Superintendent of Highways - Robert Lawson, Building inspector -Joseph Ludewig, Town Clerk --Helen L. Travis Motion was made by Justice of the Peace Bulger and seconded by Justicie of the Peace Frances that the following Resolution be adopted: AN ORDINANCE REGULATING EXCAVATIONS IN AND UNDER AND DEPOSITS OF MATERIAL ON OR ABOUT CERTAIN PUBLIC STREETS HIGHWAYS AND SIDEWALKS AND OTHER PUBLIC PLACES IN TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK BE IT RESOLVED AND ORDAINED by the Town Board of Town of Wappinger, Dutchess County, New Hork, pursuant to the authority of Article 9 of the Town Law as follows: Section 1, Preliminary statement. The Town Board of Town of Wappinger, New York, finds a fact that in order to properly and adequately protect the public safety, health, convenience and general welfaire of the inhabitants of the Town of Wappinger and members of the general public, it is necessary to regulate, restrict and control excavation in and under the deposit of material on and about the highways (as defined herein) in the Town of Wappinger by persons other than officers, employees and persons performing contractual work for the Town of Wappinger. Section 2. Definitions. For the purpose of this ordinance only, only, certain words and terms used herein are defined as follows: (a) "Person" shall mean any natural person, partnership, assoc- iation, or corporation. (b) "Highway" shall mean all or any portion of any highway, street, sidewalk, public place or right of way owned and controlled by the Town of WappQ inger, exclusi'ye, however, of that portion of any highway, street, sidewalk, public place or right of way situate within the territorial limits of the Village of Wappingers Falls, and exclusive of that portion of any highway, street, sidewalk, public place or right of way owned and/or controlled by the County of Dutchess or the State of New York. (c) "Superintendent' shall mean the Town Highway Superintend- ent of the Town of Wappinger, New York. Section 3. Permit required. No person shall remove from or deposit on any highway any material or intentionally injure any highway, or cause to be dug, or make, any hole or excavation in or under a highway, or cause to be erected theron or therin any object without first having obtained a written permit from the Superintendent so to do. /his section shall be applicable tm and prohibit individuals from deposttil:ng materials on public highways as a result of improvement and grad- ing of their property. Section 4, Application for permit . Any person desiring a permit shall make application to the Superintendent upon forms to be provided by him which shall set forth the following: (a) The name and address of the applicant. (b) A reasonably adequate description of the propesed work and the reason therefor, including a description of the location of the pro- posed work. (c) A statement as to the time when such work will be com- 231 232 menced and an estimate of the time when such work shall be fully completed and the highway restored to i6s previous condition as nearly as may be feasible. (d) A time schedule showing when various portions of the work will be done. (e) A reference too the legal authority of the applicant to perform the proposed work in the public highway. (f) An estimate of the cost of the proposed work including such detail as may be specified by the Superintendent. (g) Such other information as the Superintendent shall deem per- tinent to effectuate the purposes of this ordinance. Section 5. Insurance Coverage. No permit shall be issued until the applicant shall have filed with the Superintendent evidence that the Town has been named as a primary insured under an insurance policy extending bodily injury and property damage coverage to the Town in amounts of not lesss that $10,000.00 for each person injured, $3094000.00 for aggregate bodily injury for each accident, and $50,000.00,f or property damage, caused by or attributable to the work to be performed by the applicant, such insur- ance coverage to be written by an insurance company authorized to do business in the State of New York. Section 6, Security. No permit shall be issued to any ap- plicant until the applicant has posted with the Superintendent a bond or certified check in such amount as the Town Superintendent may det- ermine necessary to cover the probable expense to the Town of replacement by the Town of any Highway to its former condition, and to guarantee the performance by the applicant of wit of the conditions contained in the permit and compliance with this ordinance. Section 7. Issuance of Permit . The Superintendent, upon a finding by him that the issuance of the permit is authorized by this or- dinance and general law and upon compliance by the applicant with the herein con ained provisions relating to general liability insurance and security deposit, shall issue the permit for the proposed work and may attach such reasonable conditions, including the specification of a com- pletion date, as in his opinion may be necesasey to protect the interest of the Town and to guarantee the right of public access through and along said highway during the progress of the work. The fee for the permit shall be the sum of $10.00which shall be deposited with the Superintendent upon its issuance. 13 Section 8. Revocation of Permit . The Superintendent upon a finding that the issuance of a permit was illegal or unauthorized, or that the applicant has failed to comply with any of the terms and con- ditions of the permit.or of this ordinance, may revoke the permit, and the applicant shall therupon, with all reasonable speed, forthwith restore the highway to its former condition. Section 9 Damages The person to whom such permit is issued shall be responsible for all damages caused to public utilities and shall, under the supervision of the Superintendent, replace any cracked or dame aged sewer pipe or water main with new pipe, and repair or replace damaged ditches, curbs, sidewalks or other improvements so that they shall be in the same or better condition after the excavation as before the excavation. Section 10. Restoration. Any such excavation in any highway shall be restored by the applicant within the time granted in the permit, with materials equivalent to those excavated, and shall be kept and main- tained level with the unexcavated portion theroff by the applicant, for a period of one year from the date of restoration, so that said excavated portion shall be left in as good, substantial and permanent condition as before the excavation; and if not so restored and maintained, the work shall be done by or under the direction of the Superintendent, and the cost t thereof shall be a lawful charge against the person to whom the permitwas issued on the bond or chertified check herein provided for, and it shall be the duty of the Superintendent to sue for and recover such costs or pay them with all or p part of said bond or certified check. Section 11. Safety Precautions. The applicant, during the course of the work, shall take every reasonable precaution to properly warn all persons of any danger, including the placing and maintaining of suitable barricades, flashing lights and warning devices. The Super- intendent may from time to time direct and specify and devices which the applicant shall install and maintain. Section 12. Guarantee Period. For one year from the date the work is complete, the applicant shall be responsible for any condit- ion that may develop due to the applicant's failure to properly restore the highway. - Section 13. Liability of applicant. At any time that the ap- plicant shall neglect or refuse to perform any duty imposed upjon him by this ordinance, the Superintendent may perform the said work or duty at the cost and expense of the Town and the applicant shall reimburse the Town for the cost and expense therby incurred. 234 Section 14. Exemptions. Notwithstanding anything to the con- trary herein contained, the provisions of this ordinance shall not apply: (a) To the erection of posts to hold mailboxes on the grass adjoining the use or paved portion of any highway provided they are set back at least there (3) feet from the edge of the used or paved portion thereof; (b) To the planting of shade trees, shrubs and the like in any grass plot adjoining the paved or used portion of any highway providing they are properly set back from the used or paved portion thereof so as not to obstruct a corner view or endanger the users of such highway; (c) To the performance of any public work by employees of the Town or any District thereof; or pusuant to a contfact or other agreement entered into with the Town Board acting as each or on behalf of any lawfully created District in said Town: (d) To the construction of line fences where haff thereof is situated upon the premises of the owner and half therof upon the highway, provided the total width thereof does not exceed six (6) inches. Section 15, Emergency work . (a) If any condition shall arise in a highway posing an immediate and present danger t©mperson and property by reason of any condition which may exist, any public utility corporation authorized to operate within the Town may without obtaining any permit therefor take such immediate action and perform such work as may be re- asonably necessary to eliminate or minimize the aforesaid danger without applying for or obtaining a permit provided, however, that written not- ification shall be given to the Superintendent, as soon as practicable, as to the action being taken by such utility, and further provided that as soon as the emergency shall have ceased, such public utility having performed such emergency work shall under the supervision of the Sup- intendent restore the highway as provided in Section 10 of this ordin- ance. (b) In any public emergency caused by Act. of God or the public enemy the provisions of this ordinance shall not apply to any person who in good faitheshbll take any action reasonably designed to protect the highway or the general public. Section 16 Oenalties (a) Any person who shall violate any of the provisions of this ordinance or shall fail to comply with any condition imposed by the permit, or fails to comply with any lawful order of the Superintendent or to discharge any duty imposed by this ordinance shall, upon conviction, be deemed to have committed an offense against this ordinance, and upon conviction, shall be punished by a fine not exceeding ONe Hundred (100.00) Dollars. Each day any such violation shall continue shall constitute a separate and distinct offense. For the purpose of confering jurisdiction upon the courts and judicial offices gen- erally, violation of this article shall be deemed_a misdeameanor and shall apply to such ciolations. (b) Any person violating this ordinance shall be suject to a civil penalty enforceable and collectible by the Town in the amount of $100.00 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such violations shall continue. (c) In addition to the abbve-provided penalties and punish- ment, the Town Board may also maintain an action or proceeding in the name of the Town, in Court of competent jurisdiction, to compel com- pliance with, or to restrain by injunction the violation of this ordinance. Section 17 Saving Clause. , If any clause, sentence, para- graph, section or part of this ordinance shall be adjudged by any Court of competent jurisdiction to beinvalid, such judgement shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 18 Effective date. This ordinance shall become effective immediately upon posting and publishing in accordance with the Town Law. The vote on the above ?eiObt('on was a follows: Supervisor Linge--Aye Councilman Robinson --Aye, Councilman Deihl --Aye, Justice of the Peace Bulger --Aye, Justice of the Peace Francese--Aye, Motion was made by Justice of thePeace Bulger and seconded by Justice of the Peace Francese that the meeting adjourn. Mbtion carried. Signed Town Clerk 235.