City of Watertown, NY
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Watertown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 161.
Sewers — See Ch. 253.
Vehicles and traffic — See Ch. 293.
Subdivision regulations — See Ch. A322.
[Adopted as Ch. 21 of the 1949 Code]

§ 265-1 Definitions.

[Amended 12-1-1986 by L.L. No. 1-1986]
When used in this Article, the following words and terms shall have the meanings indicated, unless otherwise expressly stated:
DEPARTMENT
The Department of Public Works of the City.
SUPERINTENDENT
The Superintendent of the Department.
[1]
[1]
Editor's Note: Former Sec. 21-2 of the 1949 Code, Load limits on streets, which immediately followed this definition, was deleted 12-1-1986 by L.L. No. 1-1986. For current provisions regarding vehicle weight limits, see Ch. 293, Vehicles and Traffic.

§ 265-2 Naming of streets and numbering of buildings.

[Amended 3-5-2012]
A. 
Publicly and privately owned streets and drives shall only be named by resolution of the City Council. Property owners may propose names on site plan or subdivision plat approval applications or through other means. All proposed names shall be checked for similarity with existing street names to reduce possible confusion during emergency responses.
B. 
All buildings erected or hereafter to be erected shall be numbered as directed by the City Engineer. No person owning a building shall fail to procure from the City Engineer the proper number or numbers assigned therefor, nor shall any such owner fail to place and maintain the same thereon as hereafter provided. Numbers shall be not less than 2 1/2 inches in height, of proportionate width and shall be placed and maintained in a permanent and durable manner where they can be seen at all times from the street.

§ 265-3 Closing of streets.

The Department may, when it deems it necessary for the performance of its duties, and the Chief of the Fire Department may, when necessary for fire-fighting purposes, close any street or part thereof to travel. If it shall be necessary to close a street which is being constructed, improved, rebuilt or repaired so as to permit a proper completion of such work, the Department shall post a notice or notices with the words "Street Closed" in letters of sufficient size to be visible at a distance of 100 feet therefrom, at such place or places on said street or at the ends thereof or at the intersection of other streets leading thereto as may be necessary to give warning to the public travel thereon that such street is so closed. No person shall go or attempt to go, on foot, by animal or in any vehicle, upon any such street or part thereof so closed, except such persons as shall be engaged in work thereon.

§ 265-3.1 Official parade route.

[Added 2-4-1991]
A. 
All parades within the City of Watertown shall follow the official parade route as set forth below. The official route shall commence at the South parking lot at Watertown High School, where it shall exit at the intersection of Brook Drive and Washington Street. The parade will proceed north on Washington Street until it reaches the intersection of Washington and Stone Streets, when it shall turn west onto Stone Street until it reaches the Stone Street parking lot, which shall be the point of termination of the parade.
[Amended 4-4-2005]
B. 
In the event that a particular parade requires a special route through the City of Watertown, due to the subject matter and/or parade affiliation, then the parade organization may petition the City Manager for approval of a different route other than that of the official parade route set forth in the above subsection.
[Amended 4-20-1998]

§ 265-4 Excavations.

A. 
No person shall injure any street, sidewalk or sewer, cut or dig any excavation therein or remove any earth or stone therefrom without authority from the Department. Nothing herein contained shall be deemed to prevent any public service or public utility corporation or department from making necessary installations, repairs or improvements in any street, when authorized to do so and under such conditions and at such fee as may be prescribed by the Department. Excavation made in or to any street, sidewalk or sewer shall be filled in and closed in a manner satisfactory to the Department within a time specified therefor, and every 24 hours during which a defective or unsatisfactory closing or filling-in shall exist, after notice thereof by the Department to the person making the excavation or causing the same to be made, shall be deemed a separate violation hereof.
B. 
Any person making or causing to be made any excavation within five feet of the line of any street shall erect and maintain at all times substantial barriers at least three feet in height between the excavation and such street and shall further maintain upon such barriers during the hours of darkness lighted red lanterns to properly warn all persons of such excavation.

§ 265-5 Hindering of workmen.

No person shall unlawfully hinder or obstruct any person employed by the City in building, constructing or repairing any street.

§ 265-5.1 Entry upon lands.

[Added 12-5-2005 by L.L. No. 9-2005]
A. 
The City Manager or the Superintendent may direct the entry upon any lands adjacent to any of the streets of the City for the purpose of opening an existing ditch or drain, or for digging a new ditch or drain for the free passage of water for the drainage of such streets.
B. 
The City Manager or the Superintendent may direct the entry upon any lands adjacent to any of the waterways located in the City, including the Black River and any other streams or creeks or similar bodies of water, for purposes of entering said waterways and removing obstructions to permit the free passage of water and eliminating damage to any adjacent property.

§ 265-5.2 Compensation for damages.

[Added 12-5-2005 by L.L. No. 9-2005]
Where lands are entered upon under the provisions of § 265-5.1, the City Manager shall agree with the owner of such lands, subject to the approval of the City Council, as to the amount of damages, if any, sustained by such owner in consequence of such entry and performance of the work authorized by § 265-5.1, and the amount of such damage shall be a City charge. If the City Manager is unable to agree with such owner upon the amount of damages thus sustained, the amount thereof shall be ascertained, determined and paid in the manner such damages are so ascertained, determined and paid where rights-of-way are necessary for the construction, reconstruction, improvement or repair of City streets generally and the City Council is unable to acquire such rights-of-way by purchase.

§ 265-6 Removal of safety devices or survey stakes.

No person, without authority from the Department, shall remove, cause to be removed or in any manner interfere with any lantern, barrier, sign or guard erected for public safety or any survey stake or monument placed to locate the line of any street, sidewalk or public improvement in the City.

§ 265-7 Projections over or encroachments upon streets.

No building, fence, steps, structures or signs, except signs conforming to the provisions of this Code, or any other effective ordinance of the City, shall be allowed to project over the line of any street or encroach upon any street. The owner or person having control or custody of any such projection or encroachment shall be responsible therefor. The Police Department shall give to any such person oral or written notice requiring the removal of any such projection of encroachment within a definite time. Every 24 hours during which such projection or encroachment continues to exist after the expiration of the time fixed in such notice for its removal shall be deemed a separate and distinct violation hereof.

§ 265-8 Moving buildings over streets.

No person shall move any building in or over any street without having first secured a written permit therefor from the Superintendent and the City Engineer. Such permit shall specify the time within which such building shall be moved and the route or course to be taken. The application for any such permit shall be accompanied by an undertaking to protect the City from all loss or damage as a result of such moving.

§ 265-9 Building materials on streets.

No person shall place or cause to be placed in any street materials for building or similar purposes without having first secured a written permit therefor from the Superintendent and the City Engineer. No such permit shall be issued for a longer period than three months or authorize the obstruction of more than 1/3 of the sidewalk or more than 1/2 of the roadway. Any person acting under such permit shall cause proper barriers, red lanterns and guards to be erected about such materials in a manner sufficient to properly safeguard the public. All materials and rubbish resulting therefrom shall be removed from the street by the expiration of the term of said permit or upon the revocation thereof. The Superintendent shall have the authority to revoke any such permit at any time without notice.[1]
[1]
Editor's Note: Former Secs. 21-12 and 21-13, dealing with sewers, which immediately followed this section, currently appear in Ch. 253, Sewers.

§ 265-10 Permits required.

No person shall perform any of the following acts without written permission therefor from the Department and the City Engineer.
A. 
Build, rebuild or repair any street or part thereof.
B. 
Build, rebuild or repair any sewer or part thereof.
C. 
Build, rebuild or repair any curb or part thereof or remove the same.
D. 
Cause any street or sewer to be in any manner obstructed or closed.

§ 265-11 Issuance of permits.

Any authorization or permit from the Department required by this Article may, at the designation of the Superintendent, be issued by the City Engineer.

§ 265-11.1 Snow or other obstructing substances in streets.

[Added 11-14-1960]
No person shall willfully or knowingly place quantities of snow or any other obstructing substances in such a manner as to interfere with the free, full and proper use of any road, highway, public way or place by pedestrians, motor vehicles and their operators.

§ 265-11.2 Use of City snow-dumping facility.

[Added 11-24-1986]
A. 
No person shall use the City snow-dumping facility without a duly authorized permit issued by the City of Watertown’s Department of Public Works. Each application for a permit, if required, shall be accompanied by a check, or other form of payment acceptable to the City of Watertown in the amount set forth by the City Council in Chapter A320 of the City Code. This fee is nonrefundable.
[Amended 6-1-2009]
B. 
As a requirement for said permit, the applicant shall provide a certificate of liability insurance for not less than $500,000, and, further, said policy shall name the City of Watertown as an additional named insured.
C. 
Penalties shall be as set forth in § 265-12 of the Municipal Code.

§ 265-12 Penalties for offenses.

[Added 12-1-1986 by L.L. No. 1-1986]
Any person, firm or corporation violating any provision of this Article shall, upon conviction, be subject to a fine of not less than $50 nor more than $250 or imprisonment for not more than 15 days, or both. Each day of continued violation is a separate and distinct offense.
[Adopted as Ch. 22 of the 1949 Code]

§ 265-13 Definitions.

[Amended 4-30-1984; 12-1-1986 by L.L. No. 1-1986]
When used in this Article, the following words and terms shall have the meanings indicated, unless otherwise expressly stated:
AWNING
A semipermanent, rooflike cover of canvas or other flexible fabric attached to the face of a building and completely supported thereby.
DEPARTMENT
The Department of Public Works of the City.
ROADWAY
That portion of a street improved, designated, intended or used for vehicular traffic.
SIDEWALK
That portion of a street outside of the roadway used or set aside for the use of pedestrians.
SUPERINTENDENT
The Superintendent of the Department.

§ 265-14 Responsibility for building and repairing.

No person owning or occupying any property fronting upon or abutting any street shall fail to build, rebuild or keep in repair any sidewalk in front of his said property when the Department by written notice so directs, and the same shall be built, rebuilt or repaired upon such established grade and of such materials and size as the Department may direct.

§ 265-14.1 Right-of-way construction/reconstruction.

[Added 4-1-1991]
When, in the opinion of the City Council of the City of Watertown, it becomes necessary to construct/reconstruct various street rights-of-way within the City of Watertown, such construction/reconstruction of the street rights-of-way is deemed to include adjoining sidewalks and/or locations where sidewalks would be located if actually constructed. When new streets are constructed or when existing streets are reconstructed, the following rules and regulations shall apply to construction/reconstruction of sidewalks within the street right-of-way (ROW):
A. 
The City Council shall have sole discretion as to whether sidewalk construction and/or reconstruction is to be included in the municipal construction/reconstruction contract of various street rights-of-way or whether such sidewalk construction and/or reconstruction is to be assessed against the adjoining property owner.
B. 
New street construction. In instances where new streets are constructed, the City Council shall judge whether the installation of sidewalks shall be included in the project, or assessed against the adjoining property owner, on a case-by-case basis. The City Council may mandate the construction of such sidewalks if it deems that it is warranted by pedestrian traffic. In the project presentation to the City Council, sidewalk facilities shall be shown as a component of the project for consideration by the City Council. With respect to private developments, sidewalks shall be regulated by either site plan or subdivision review.
C. 
Street reconstruction projects.
(1) 
Where existing street rights-of-way are being reconstructed, the following considerations may be considered by the City Council in determining whether the cost for sidewalk construction and/or reconstruction shall be part of the project or assessed against adjoining property owners: anticipated/actual physical damage to existing sidewalks due to any of the following:
(a) 
The construction or reconstruction of utilities beneath the existing sidewalks requiring the removal of existing sidewalks.
(b) 
The construction or reconstruction of structures and/or utilities in close proximity to existing sidewalks (for example, combination curb/sidewalks where curbing is to be replaced).
(2) 
Additionally, the City Council may consider the following factors in determining whether such construction and/or reconstruction of sidewalks is included in the project; and such criteria shall be presented to the City Council as part of the project presentation:
(a) 
Horizontal and/or vertical realignment of the sidewalk necessary to reclaim City margins or effect necessary improvements to drainage.
(b) 
Aesthetic considerations if, and only if, it constitutes a minor component of sidewalk replacement in conjunction with Subsection C(1) and (2)(a) above. As a rule, however, the existing sidewalk's physical condition (color, presence of cracks, etc.) shall not be a criterion for the scoping of its replacement as a component of the municipal project.
D. 
The decision of the City Council as to whether sidewalk construction and/or reconstruction is to be included as part of the construction/reconstruction project of street rights-of-way or whether it shall be assessed against the adjoining property owner shall be final and conclusive. In the event that the costs are assessed against the adjoining property owner, it shall be the obligation of said property owner to bear the replacement costs of the construction and/or reconstruction for a portion of the sidewalk which is on his property.

§ 265-15 (Reserved). [1]

[1]
Editor's Note: Former § 265-15, Ice and snow removal, added 3-5-1990, was repealed 2-6-1995.

§ 265-15.1 (Reserved). [1]

[1]
Editor's Note: Former § 265-15.1, Unshoveled sidewalks, added 3-5-1990, was repealed 2-6-1995.

§ 265-15.2 (Reserved). [1]

[1]
Editor's Note: Former Removal of ice, added 3-5-1990, was repealed 2-6-1995.

§ 265-16 (Reserved). [1]

[1]
Editor's Note: Former Separate violations, added 3-5-1990, was repealed 2-6-1995

§ 265-17 Doors and gates over sidewalks.

No person shall hang or cause or permit to be hung any gate or door so that the same shall swing over any sidewalk, except doors opening from places of public entertainment or assembly.

§ 265-18 Awnings over sidewalks.

[Amended 10-27-1969; 4-30-1984]
No person shall erect, hang or cause or permit to be erected or hung any awning over any sidewalk unless the rigid fixtures supporting the same are at least seven feet above the surface of such sidewalk. A canvas or other flexible fabric valance may extend no more than six inches below any rigid supporting fixture. Each and every 24 hours that any person permits an awning to remain in violation of this section, after written notice to remove the same has been given to such person or his agent by the Chief of Police, shall be deemed a separate and distinct violation of this section.

§ 265-19 Merchandise on sidewalks.

[Amended 10-9-1967]
No person shall place any barrel, box, showcase, merchandise or other material or article upon any sidewalk or street, except in front of the premises occupied by such person and then only for such time as is necessary to transport the same across the sidewalk or street. Each and every hour that any person permits any violation of this section to continue after notice to remove the same has been given to such person or his agent by the Chief of Police shall be deemed a separate and distinct violation of this section. An owner or occupant of a store may expose for sale goods, wares and merchandise adjoining the outer wall of such store and within three feet thereof, provided that such space does not exceed one-third (1/3) of the width of the sidewalk, upon special permit to be issued by the City Manager for temporary periods and for such special occasions as may be determined by him.

§ 265-20 Water from buildings.

No person shall conduct or cause or permit to be conducted, from any building owned or controlled by him, any water in such a way that the same shall flow upon or over any sidewalk. No person shall erect, maintain or cause or permit to be erected or maintained any eaves or other projections upon any such building unless the same are fitted with troughs or gutters sufficient to prevent water from flowing upon any sidewalk.

§ 265-21 Sliding, coasting or skating.

No person shall slide, coast or skate upon any sidewalk in this City.

§ 265-22 Permit for building and repairing.

No person shall build, rebuild or repair any sidewalk or part thereof without written permission therefor from the Department and the City Engineer.

§ 265-23 Issuance of permits.

Any authorization or permit from the Department required by this chapter may, at the designation of the Superintendent, be issued by the City Engineer.

§ 265-24 Shrubbery and branches.

[Amended 1-28-1952]
No person shall permit shrubbery or bushes to project over or encroach upon any sidewalk, nor shall any person permit limbs or branches of any tree to encroach upon any sidewalk or to hang below six feet six inches above the surface of such sidewalk. Each and every 24 hours that any person permits any such projection or encroachment to remain in violation of this section after written notice to remove the same has been given to such person or his agent by the Chief of Police shall be deemed a separate and distinct violation of this section.

§ 265-25 Penalties for offenses.

[Added 12-1-1986 by L.L. No. 1-1986]
Any person, firm or corporation violating any provision of this Article shall, upon conviction, be subject to a fine of not less than $50 nor more than $250 or imprisonment for not more than 15 days, or both. Each day of continued violation is a separate and distinct offense.