[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 1-25-1993 by Ord. No. 93-1. Amendments noted where applicable.]

§ 44-1. Purpose; responsibility.

1. The purpose of this chapter is to protect the public health, safety and welfare of the Town of Berlin, allowing the Town of Berlin to inspect and maintain drainage ditches in the Town of Berlin and prohibiting persons from placing materials in drainage ditches.
2. The Town of Berlin has no legal responsibility to maintain drainage ditches on private property, which responsibility belongs to the property owner.
3. The purpose of this chapter is to permit (not require) the Town of Berlin to inspect and maintain drainage ditches.

§ 44-2. Right of entry.

The Town of Berlin is hereby authorized to make inspections of and to maintain drainage ditches in the Town of Berlin. The Town of Berlin is authorized to enter, at a reasonable hour, all lands in the Town of Berlin for the purpose of inspecting and maintaining drainage ditches. All owners of land in the Town of Berlin shall give the Town of Berlin free access for the purpose of inspecting and maintaining drainage ditches.

§ 44-3. Prohibited acts.

It shall be unlawful for any person to place any materials in a drainage ditch in the Town of Berlin which hinders drainage.

§ 44-4. Violation and penalties.

Any person who shall violate any provision of this chapter shall be guilty of a municipal infraction and shall be fined the sum of $100 for any single initial violation and the sum of $200 for each repeat or continuing violation.