§ 85-26. Enforcement; penalties for offenses.

A. 

The Town Highway Superintendent, Code Enforcement Officer, or law enforcement officials are hereby given the duty, power, and authority to administer and enforce this article. Any person may file a complaint with the Town Highway Superintendent alleging a violation of this article, and the Town Highway Superintendent shall investigate and report on such complaint. If reasonable evidence of a violation exists, the Town Highway Superintendent may issue a notice of violation, an appearance ticket, and an order to cease and desist to the person or persons alleged to have violated this article.

B. 

Any person or persons convicted of violating any provision of this article shall be subject to monetary civil penalties not exceeding $500 for a first violation; not less than $500 nor more than $800 for the second violation occurring within a period of five years; and not less than $800 nor more than $1,000 for the third or subsequent violation occurring within a period of five years. Each week that a violation continues uncorrected or is resumed shall constitute a separate additional violation.

C. 

The Justice Court of the Town shall have original and trial jurisdiction over all notices of violations and appearance tickets served charging violations of this article. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.

D. 

In addition to the penalties prescribed herein, if any use of Town highways is made or threatened in violation of the New York Highway Law, the New York Vehicle and Traffic Law, or other local law or ordinance of the Town, the Town Highway Superintendent may, in the name of and on behalf of the Town, seek all remedies allowed pursuant to such laws or ordinances and may institute an action or proceeding to restrain or enjoin such unlawful use.

E. 

In lieu of or in addition to any fine or imprisonment, or both, imposed for a conviction of a violation of this article, each such violation may be subject to a civil penalty not to exceed $10,000 to be recovered in an action or proceeding in a court of competent jurisdiction. Each week that a violation continues uncorrected or is resumed shall constitute a separate additional violation.

F. 

Stop-work orders.

(1) 

In addition to any penalties or other remedies provided for or allowed herein, the Town Highway Superintendent shall have the right and authority to issue a stop-work order in order to halt any use of or work on one or more Town highways that is determined by the Town Highway Superintendent to:

(a) 

Pose an unreasonable risk to the safety, health, or general welfare of the public, without regard to whether such use of or work on Town highways has been authorized pursuant to this article or by a road use agreement; or

(b) 

Pose a risk of imminent harm to Town highways, without regard to whether such use of or work on Town highways has been authorized pursuant to this article or by a road use agreement; or

(c) 

Be contrary to any applicable provision of this article.

(2) 

All stop-work orders shall be in writing, be dated and signed by the Town Highway Superintendent, state the reason or reasons for issuance, state with specificity the particular use of and/or work on Town highways that must cease and the particular Town highways for which the stop-work order is effective, and, where applicable, state the conditions that must be satisfied before the use of or work on such Town highways shall be permitted to resume.

(3) 

Serving of stop-work order.

(a) 

The Town Highway Superintendent shall cause the stop-work order, or a copy thereof, to be served personally or by certified mail on the following persons, where applicable:

[1] 

The person who has submitted a haul route declaration to the Town and whose use of or work on Town highways is the subject of the stop-work order; and

[2] 

The person who is a party to a road use agreement with the Town and whose use of or work on Town highways is the subject of the stop-work order; and

[3] 

Any identifiable contractor, subcontractor, construction superintendent, hauler, or any of their agents, or any other person taking part or assisting in the use of or work on Town highways that is the subject of the stop-work order.

(b) 

Notwithstanding the foregoing, the failure to serve any person mentioned above shall not affect the validity or effectiveness of the stop-work order.

(4) 

Upon the issuance of a stop-work order, all persons performing, taking part in, or assisting in the use of or work on Town highways that is the subject of the stop-work order shall immediately cease all such use of or work on such Town highways. The failure to comply with the terms and conditions of a stop-work order issued hereunder shall constitute a violation of this article.

(5) 

A stop-work order may be rescinded only by the Town Highway Superintendent upon receipt of evidence that the conditions or actions that lead to the issuance of the stop-work order have been abated or adequately addressed.