§ 38-3. Written permission and bond required.

No person shall disturb, break, mar, injure, remove or deface or cause to be disturbed, broken, marred, injured, removed or defaced any surface or any part of any highway, street, road, sidewalk, sidepath, passway or other public way of the Town of Brookhaven or maintained by it, in any manner whatsoever except with the written consent of the Superintendent of Highways of said Town. The Town Superintendent of Highways shall not give his written consent that any such act be performed unless there shall have been furnished by the applicant a sufficient indemnity or performance bond as a condition precedent thereto, and said bond shall be for a reasonable amount which shall be determined by the Town Superintendent of Highways, whose approval thereof as to amount, form, manner of execution and sufficiency of surety or sureties shall be endorsed thereon before said bond shall be filed in the Town Clerk's office, and said bond shall be so filed before said consent shall be effective.