[Adopted 5-22-1967 as Art. I of
Ch. 16 of the 1967 Code]
[Amended 1-8-1979 by L.L. No. 1-1979]
No person shall encumber, obstruct or use any
street, highway, sidewalk or other public place in such a manner as
to hinder, impede, delay or interfere with the free flow of traffic
thereon, nor place or deposit any merchandise, building material or
other things in or upon any street, highway, sidewalk or other public
place, including municipal parking fields, without first having obtained
written permission from an officer and/or employee designated by the
Village.
[Amended 11-1-1982 by L.L. No. 14-1982]
A.
It shall be unlawful to maintain or permit to remain any bushes or
other plants on a corner lot within 25 feet of the curbline which
obstruct a view of more than 30 inches above the level of the sidewalk
of the adjacent street pavement. Any bush or tree within the twenty-five-foot
triangle must be trimmed free of branches and foilage between 30 inches
and eight feet in height.
[Amended 12-10-1984 by L.L. No. 12-1984; 9-18-2006 by L.L. No. 4-2006; 9-26-2016 by L.L. No. 4-2016]
B.
Violation of this section shall be given to the homeowner,
lessee, tenant and/or occupant of the real property involved by a
certified letter, return receipt requested, from the Village of Massapequa
Park, addressed to said homeowner, lessee, tenant and/or occupant
at his last known address, setting forth the violation of this particular
section and giving him 30 days from the date of the mailing of said
certified letter to correct and rectify said violation under this
section.
C.
In the event that said violation is not corrected
after the aforementioned thirty-day notice and a summons for said
violation is issued and said homeowner, lessee, tenant and/or occupant
is found to be guilty of said violation or complies with this section
after the summons has been issued, there shall be mandatory minimum
fine to said homeowner, lessee, tenant and/or occupant in the amount
of $25.
D.
Compliance by said homeowner, lessee, tenant and/or
occupant after the summons is issued shall, under no circumstances,
relieve said homeowner, lessee, tenant and/or occupant or defendant
from the said mandatory minimum fine of $25 per week for each week
the violation continues without compliance by the homeowner, lessee,
tenant and/or occupant, and it is mandatory that said homeowner, tenant,
lessee and/or occupant must correct said violation and comply with
this section after court verdict or after the defendant pleads guilty
before the mandated minimum fine of $25 per week terminates.
E.
In the event that the defendant does not correct the
violation and comply with this section after a court verdict or a
pleading of guilty or an agreement to comply with this section, the
Village of Massapequa Park has the right to enter the real property
to make the necessary repairs so that this section is complied with,
and said homeowner, lessee, tenant and/or occupant shall be charged
by the Village for said cost of same. In order to prove compliance
with this section, said homeowner, lessee, tenant and/or occupant
must submit written proof of compliance by a notarized affidavit to
the Village affirming that this section has been complied with completely.
F.
This section shall apply to all residentially zoned
property in the Village of Massapequa Park and shall not apply to
any deal property improved by any existing fence or any existing structure
constructed or erected after the issuance of a valid permit from the
Village of Massapequa Park.
All sidewalks constructed in the Village shall
have a bearing capacity of 3,000 pounds per square inch.
No person shall erect or permit or allow to
be erected any awning upon any building owned by him which shall project
over or upon any street, sidewalk or public place in the Village unless
such awnings shall be at least eight feet above the sidewalk of such
street, highway or public place and a permit to erect same has been
obtained from the Building Department of the Village.
Unless otherwise provided by Village officers,
it shall be the duty of each property owner to remove snow or ice
from the sidewalk in front of his premises within 24 hours after a
snowfall of three inches or more has occurred.
No person shall place, drop or throw any glass,
nails or other destructive matter in or upon any street, sidewalk
or public place, or leave or permit any such article or matter to
remain thereon.
No person being the driver or owner of any vehicle
shall scatter, drop or spill any dirt, sand, clay, loam, stones or
building material or rubbish from said vehicle on any street, sidewalk
or public place in the Village.
A.
Restriction. No person shall cause or permit any accumulation
of sand, gravel, cinders, topsoil, mud, earth or other material to
be placed, deposited, tracked or flowed upon any road in the Village.
Material may be placed or raked into the streets only during certain
periods of time as specified by the Board of Trustees.
[Amended 10-22-1979 by L.L. No. 15-1979]
B.
Penalties for offenses. The violation of any provision
of this section shall be punishable by a fine of not more than $100
or by imprisonment for a period not exceeding 20 days for each such
offense, or by both such fine and imprisonment.
C.
Abatement. The Village may also maintain an action
or proceeding to enjoin the violation and recover the cost incurred
by the Village to clean, repair, recondition or restore the road or
otherwise remedy the condition.
[Added 1-8-1979 by L.L. No. 1-1979]
No person shall conduct athletic games of any
type within the municipal parking fields without the written consent
of the Board of Trustees.
[Added 8-22-1983 by L.L. No. 33-1983]
A.
No person shall be allowed to place or deposit any
merchandise, dumpster, building material or any personal property
or other things, except a lawful motor vehicle duly licensed and registered,
in or upon any street, highway, sidewalk or other public place, including
municipal parking fields, unless such person has first obtained written
permission from an authorized officer and/or employee designated by
the Village of Massapequa Park for a permit from the Village to perform
such an act, subject to the rules and regulations as set forth by
the Village.
B.
Special permits under exceptional and emergency conditions.
(1)
Under exceptional and emergency conditions, a special
permit may be sought by application of any person for a dumpster from
the Board of Trustees or by approval by the Village Administrator,
subject to review and approval by the Board of Trustees.
(2)
Such special permit shall be issued in the event of
severe structural damage to a dwelling such as to render it uninhabitable
or in the nature of another emergency, including but not limited to
fire, flood, hurricane, tornado or other natural disaster which may
be declared by the federal or state governments.
(3)
In the event that a special permit is issued as stated
above, it shall be subject to the condition that the person applying
for the special permit shall furnish a cash bond in the amount of
$500 to the Village at or before the date of issuance of the special
permit.
(4)
The applicant for special permit shall be charged
$25 a day for each and every day the said dumpster is on the public
street of the Village, and the Village of Massapequa Park shall have
the option of deducting the said $25 a day from the cash bond supplied
to the Village by the applicant for a special permit.
(5)
As a further condition to the issuance of the special
permit, the applicant shall supply reflective tape, battery-operated
lights, reflectors and such other material and items as may be required
by the Village Administrator or the Board of Trustees of the Village
of Massapequa Park for the health, safety and welfare of the persons
traveling the streets of the Village.
C.
It shall be unlawful for any store owner or operator
to use municipal trash or garbage containers or receptacles for disposal
of their garbage or trash. These receptacles are for the general public's
use for trash as a result of a purchase from a store owner or operator.
[Added 12-8-2008 by L.L. No. 9-2008[1]]
D.
Any persons, corporations or other legal entity found
guilty of a violation of this section shall be subject to a mandatory
minimum fine of $500.
[Amended 12-8-2008 by L.L. No. 9-2008]
