§ 38-5. Certain devices prohibited.

No person shall operate, drive, propel or tow in, within or upon any highway, street, road, sidewalk, sidepath, passway or other public way of the Town of Brookhaven or maintained by it, any object, vehicle or machinery equipped with metal lugs, teeth, discs or other devices which shall in any way disturb, break, mar or injure, remove or deface the surface or any other part of any such highway, street, road, sidewalk, sidepath, passway or other public way of the Town of Brookhaven or maintained by it, except that this section shall not be construed to prohibit the use of carbon-, ceramic- or tungsten-studded tires by motor vehicles, provided that a person using said studded tires does not willfully or maliciously disturb, break, mar, injure, remove or deface the surface of any other part of highway, street, road, sidewalk, sidepath, passway or public way of the Town of Brookhaven or maintained by it.