§ 38-2. Penalties for offenses.

A. 

Any person, firm, corporation or public utility convicted of a violation of the provisions of § 38-1, 38-1.1 or 38-1.2 shall be guilty of a violation, for a first conviction, punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or both; and a misdemeanor, for a second or subsequent conviction, punishable by a fine not exceeding $500 or by imprisonment for not less than 15 days nor more than 30 days, or both.

[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]

B. 

Any person, firm or corporation or public utility that violates this article and fails to remove its damaged and/or double pole or plant from a damaged pole within 60 days of receiving notification shall be subject to a civil penalty not to exceed $250 for each such violation. Each thirty-day period that the violation continues shall be deemed a separate violation.

C. 

If a person, firm or corporation or public utility violates the provisions of this article and fails to remove its damaged and/or double pole or plant from a damaged pole in accordance with the provisions of this article, the Town Attorney may commence an action in the name of the Town of Brookhaven in a court of competent jurisdiction for necessary relief, which may include imposition of civil penalties as authorized by this article, in order to remove the double pole or plant from a damaged utility pole and/or to remove the damaged pole, the recovery of costs of the action and such other remedies as may be necessary to prevent or enjoin a dangerous condition from existing on a Town highway.

Amended 3-12-2013 by L.L. No. 10-2013, effective 3-22-2013