§ 319 — Obstructions and their removal

New York § 319

• Jurisdiction: New York
• Law HAY: Highway
• Art. 11: Miscellaneous Provisions

Text

§ 319. Obstructions and their removal. 1. Obstructions, within the\nmeaning of this section, shall include trees which have been cut or have\nfallen either on adjacent lands or within the bounds of the highway, in\nsuch a manner as to interfere with public travel therein; limbs of trees\nwhich have fallen within the highway, or branches of trees overhanging\nthe highways so as to interfere with public travel therein; lumber, wood\nor logs piled within the bounds of the public highway; machines,\nvehicles and implements abandoned or habitually placed within the bounds\nof the highway; fences, buildings or other structures erected within the\nbounds of the highway; earth, stone or other material placed in any\nditch or waterway along the highway; telegraph, telephone, trolley and\nother poles, and the wires connected therewith, erected within the\nbounds of the highway in such a manner as to interfere with the use of\nthe highway for public travel.\n 2. It shall be the duty of each owner or occupant of lands situate\nalong the highway, to remove all obstructions within the bounds of the\nhighway, which have been placed there, either by themselves or by their\nconsent. It shall be the duty of all telephone, telegraph, electric\nrailway and other electrical companies, to remove and reset telephone,\ntelegraph, trolley and other poles and the wires connected therewith,\nwhen the same constitute obstructions to the use of the highway by the\ntraveling public. If temporary obstructions such as trees, lumber, wood,\nlogs, machinery, vehicles and similar obstructions are not removed\nwithin forty-eight hours after the service of a notice, personally or by\nmail, upon such owner or occupant, requesting the same to be done, the\ntown superintendent shall remove such obstruction. And if permanent\nobstructions, including, among others, telegraph, telephone, trolley and\nother poles and wires connected therewith, are not moved and reset\nwithin thirty days, the town superintendent shall move and reset such\npoles and wires. The expense thereby incurred shall be paid in the first\ninstance out of moneys levied and collected and available therefor, and\nthe amount thereof shall be charged against such owner, occupant or\ncompany, and levied and collected, as provided in section one hundred\nand fifty-seven.\n