[Adopted 4-6-1970 as Arts. I through III of Ch. 15 of the 1970 Code]
[Amended 4-1-1991 by L.L. No. 2-1991]
No person shall injure any pavement, sidewalk, crosswalk or sewer or dig any area sewer or other excavation in any public street nor remove any earth or stone therefrom within the Village without obtaining a written permit from the Director of Public Works and under such conditions as the Board of Trustees or such Director may impose, and the Board of Trustees may order any sewer or excavation constructed contrary to the provisions of this section to be filled up or altered at the expense of the owner of the adjoining lands.
No person being the owner, lessee or occupant of land fronting on intersecting highways or streets within the Village shall permit the depressions, removal or cutting of the curb or entrance or access, ingress or egress of vehicles to or from the property within 25 feet from the street side point of intersection of the sidewalks. The Board of Trustees may grant a permit to suit particular circumstances involving hardship notwithstanding the foregoing provision of this section.
Whenever any public street within the Village is in process of construction or repair or whenever any other excavation is made in any of the streets, sidewalks or public places of the Village or within four feet of the line of any street, it shall be the duty of the person performing the work to place and maintain such sufficient guards about said construction as to secure public safety until said street is ready for public use and at all times during the night to keep lighted lamps not more than 20 feet apart upon said guards so as to give warning to all persons of such construction.
No unauthorized person shall remove or interfere in any way with any lamps or other danger signals or any barriers erected for public safety.
No person shall hinder or obstruct the construction or repair of any pavement, sidewalk, crosswalk, sewer or other public improvement within the Village which shall be then under any order of the Board of Trustees or of the Director of Public Works, nor hinder or obstruct any person employed by said Board in doing any work upon any public street or place.
A. 
No person shall place any merchandise or obstruction of any kind upon any street or sidewalk upon the public streets of the Village. No person shall place or suffer to remain any barrel, crate, article or other obstruction upon any street or place within said Village so as to obstruct the free passage of people, except while actually engaged in loading or unloading goods.
B. 
No person, either in the course of, or as a result of shoveling, blowing or plowing snow on or from any sidewalk or driveway, shall pile snow or permit snow to be piled or accumulated on any public sidewalk or on the paved portion of any public street.
[Added 5-2-1977 by L.L. No. 5-1977]
[Amended 6-15-1988 by L.L. No. 3-1998]
A. 
Permit required. No building or part thereof or structure of any kind shall be moved upon or along any public street or place within the Village without permission in writing from the Superintendent of the Department of Public Works, which consent shall specify the route to be used and approval of the method to be used. The fee for this permit will be as set from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The current fee schedule is on file in the Village offices.
B. 
Bond. The Superintendent of the Department of Public Works may require a bond to be given signed by the applicant and one or more responsible sureties approved by the Superintendent of Public Works, conditioned that the applicant will in all respects comply with the terms and conditions of such permit and indemnify the Village against any damage or loss occasioned by reason of such removal.
A. 
Permission required. No person shall place any materials for building, or any other purpose, upon any public street within the Village without permission in writing from the Director of Public Works. Such permission shall not be for a longer period than three months, nor shall it authorize the obstruction of more than 1/3 of the sidewalk.
B. 
Materials to be guarded. Any person to whom permission is granted as aforesaid shall cause all said materials to be enclosed within sufficient guards so as to secure public safety and shall at all times during the night keep lighted lamps upon said grounds in such a manner as to give warning to all persons of the presence of said materials or rubbish.
C. 
Removal of materials. All such building materials and all rubbish arising therefrom shall be removed from any public street at the expiration of the time limited in the above mentioned permit, or upon the revocation of said permit.
D. 
Revocation of permit. Any such permit may be revoked without notice by the Board of Trustees or the Director of Public Works at any time.[1]
[1]
Editor's Note: Former § 15-10, dealing with scattering materials on streets or sidewalks, which immediately followed this section, was deleted 6-15-1988 by L.L. No. 3-1988.
No person shall throw or cast any stone or other missile or thing in, from or onto any street, lane, alley, park, public place or enclosed grounds within the Village.[1]
[1]
Editor's Note: Former § 15-12, dealing with vehicles or animals on sidewalks, which immediately followed this section, was deleted 6-15-1988 by L.L. No. 3-1988.
No person shall ride or drive any vehicle or animal upon any street in the Village until the same is completed and opened to public use.
No person shall skate or slide over any sidewalk within the Village in such a manner as to hinder or endanger pedestrians.
The construction of any building, projection or addition to any structure or building over, into or upon any street or sidewalk within the limits of the Village is hereby prohibited.
No person shall erect or maintain any trapdoor or grate in any of the sidewalks within the Village without written permission from the Board of Trustees, and no trapdoor or grate in any of the sidewalks within the Village shall be kept open at any time, except during the receiving and delivery of goods, and during such time the same shall be surrounded by sufficient barriers as to secure public safety.
No person shall construct or maintain a gate that shall swing outward over any sidewalk in the Village.
[Amended 6-16-1975 by L.L. No. 9-1975]
A. 
Definitions. The term "awning" means a structure, having no concealed or enclosed spaces, attached to the face of a building wall, the function of which is to protect openings such as windows, doors, vents and the like.
B. 
Construction requirements. Awnings shall be constructed and erected in conformity with the New York State Uniform Fire Prevention and Building Construction Code.
[Amended 6-15-1988 by L.L. No. 3-1988]
C. 
Projection over public right-of-way. No awning shall extend over the public right-of-way of any street or any sidewalk customarily used by the public except when authorized by a permit issued by the Building Department of the Village in accordance with Chapter 123, Building Construction and Fire Prevention.
(1) 
No awning shall project over such public right-of-way or such sidewalk for a horizontal distance of more than one foot less than the horizontal distance between the lowest point of attachment of the awning to the wall of the building and a line extended vertically from the curbline (or paved portion of the public right-of-way.
(2) 
No awning shall project over such public right-of-way or public sidewalk unless the vertical distance between the lowest part of such awning and grade level is at least nine feet.
(3) 
Awnings projecting over such public right-of-way or such public sidewalk shall be kept free of snow, ice, water, debris, vegetation or an accumulation of any kind of material.
(4) 
No merchandise or articles of any kind shall be hung from or affixed to any awning projecting over such public right-of-way or such public sidewalk.
(5) 
Awnings projecting over such public right-of-way or such sidewalk must be constructed without additional or exterior support and must not form an integral part of the building structure.
D. 
Permits. Any permit issued by Building Department to the extent that it authorizes the projection of an awning over a public right-of-way or a public sidewalk shall constitute a temporary license revocable by the Building Department on 30 days notice to the owner or occupant of the premises at which the awning is located.
A. 
Distance from sidewalk. No person shall erect or suspend any sign or banner over a public street within the Village without the consent of the Board of Trustees, and no sign attached to any building adjoining a public street shall be less than nine feet from the sidewalk.
B. 
Liability insurance; permit. No such sign shall be placed or attached to a building so that any portion thereof shall be over any portion of any public street or sidewalk until a bond or liability insurance policy issued by a casualty or surety company authorized to do business in the state shall have been given to the Village, conditioned that the company will save the Village harmless on account of any injury sustained to person or property arising from the erection, maintenance or removal of such sign over the public street and will defend any action brought against the Village on account of the erection, maintenance or removal thereof, and until a written permit be obtained, signed by the Mayor or Village Clerk-Treasurer, which permit shall be valid only for such time as such bond or insurance policy or renewal thereof shall be in force and the maintenance of any such sign without such bond or insurance policy shall be a violation of this section.
[Amended 6-15-1988 by L.L. No. 3-1988]
No person shall place or erect any post or posts in any street in the Village except at such place or places and in such manner as may be directed by the Board of Trustees.
[Added 2-18-1992 by L.L. No. 1-1992]
A. 
Annual license fee. An annual license fee as set forth from time to time by resolution of the Board of Trustees is hereby imposed on any contractor who does paving/blacktop work in the Village. The license issued upon payment of said fee shall be valid for the fiscal year in which it is issued.
[Amended 6-15-1998 by L.L. No. 3-1998; 8-17-1998 by L.L. No. 4-1998]
B. 
A right-of-way permit is required for any paving work performed within any right-of-way within the Village of Hamburg.
C. 
The license and the right-of-way permit are issued by the Superintendent of Public Works.
A. 
Required. All applications made to the Board of Trustees or to any Village officer to make any excavation in or upon any public street, avenue, alley or other public place within the Village for the purpose of making sewer, water or gas connections therein, or for permission to construct and maintain an areaway under the sidewalk, or under any public street or place within the Village, or for consent or permission to plant, trim, cut or remove any tree or part of a tree, or to place any obstruction, temporary or otherwise, except as hereinafter mentioned in any street, avenue or other public place within the Village, shall be accompanied by a bond in such amount as may be determined by the Board of Trustees, with sufficient sureties to be approved by the Board of Trustees and as to form and manner of execution to be approved by the Village Attorney, to be given by the person by or in whose behalf such consent or permission is requested, indemnifying the Village against all loss, cost, damage or expense sustained or recovered on account of any negligence, omission or act of the applicant for such permit, or any of his or her servants or agents arising or resulting directly or indirectly by reason of such permit or consent, or any excavation, construction, cutting, removal or other act done, made or permitted under authority of any such permit or consent.
B. 
Stipulation that permits are revocable. All permits or consents for the making of any excavation, the construction or maintenance of any areaway, the planting, trimming, cutting or removing of any tree, the placing of any such obstruction or the doing of any other act shall be given subject to the right of the Board of Trustees, or any other authorized Village official, servant or agent, to revoke the same at any time to the expiration thereof, either absolutely or to continue the same upon such terms and conditions as it may deem advisable, and all bonds given in pursuance of the provisions of this article as a condition precedent to the granting of any application aforesaid shall contain a stipulation to that effect.
C. 
General bond. Licensed plumbers, contractors and all persons engaged within the Village in the telephone business, gas or electric business, compressed air cleaning business or any other business the nature of which would require or result in frequent applications for permits to make obstructions or excavations in the streets or highways in the Village shall not be required to furnish a separate bond for every permit as a condition precedent to the granting of the same, but in all such cases a general bond shall be given before the granting of any permit indemnifying the Village from any and all loss, cost of damage as aforesaid resulting or arising, directly or indirectly, at any time from any act done or permitted in pursuance of any such permit or consent thereafter granted in such amount as may be determined by the Board of Trustees in the manner and form to be approved as provided in § 203-22. The Board of Trustees shall have the right to require a new bond which may be in such amount as may be determined by said Board to be filed by any person engaged in any or either of the classes of business above specified whenever from time to time it shall deem a new bond necessary in order to protect the interests of the Village.
[Amended 6-20-1988 by L.L. No. 4-1988]
All sidewalks constructed in the Village of Hamburg shall be constructed of concrete unless otherwise authorized by the Board of Trustees. Sidewalks shall be installed in conformity with a line and grade established by the Department of Public Works. Sidewalks shall be constructed in conformity with specifications prepared from time to time by the Superintendent of Public Works and approved by the Board of Trustees.
[Added 6-15-1998 by L.L. No. 3-1998]
Any person committing an offense against any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both.