[Adopted 8-18-1986 as Ch. 24 of the 1968 Code]
This article shall be known as the "Encroachment
Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
Includes any sign, including street or sidewalk sign, except
a sign which is securely fastened with the back of its display area
flush with and parallel to the wall of the building to which it is
attached and does not extend more than four inches outward from such
wall; show or display case; window box; canopy; marquee; awning; wire;
cellar entrance; coal hole; manhole; oil vent or intake; sprinkler
shutoff; street or sidewalk vault; sidewalk elevator; bicycle rack;
stand; container; urn; receptacle; articles and/or merchandise of
any kind or nature, including items of exhibit or sale; hoistway openings;
scaffolding or other device used in the erection, painting, repair
or demolition of any building; and any structure or opening or device
similar or dissimilar to those before mentioned which shall extend
under, on, in or over a public street or sidewalk or shall extend
under, on, in or over that portion of private property used as a public
street or sidewalk in the Village of Hudson Falls, but shall not include
any wire, pole, cable or pipe erected, constructed or maintained by
any public utility company.
Includes one or more natural persons, partnerships, associations,
societies, corporations or joint-stock companies, but shall not include
the Village of Hudson Falls or its servants, agents, employees or
officers while acting in the performance of their duties as such.
On and after the first day of September 1950:
A.
No person shall erect, construct, maintain or permit
to be erected, constructed or maintained on any property owned or
leased by him any encroachment under, on, in or over any public street
or sidewalk or any portion of private property used as a public street
or sidewalk.
B.
No person shall erect, construct or maintain any encroachment
under, on, in or over any public street or sidewalk or private property
used as a public street or sidewalk without annually, on or before
each first day of September, obtaining a permit therefor as hereinafter
provided.
A.
No encroachment shall be permitted unless the construction
or erection thereof shall comply with safe and existing methods of
construction or erection and not endanger the users of the public
streets or sidewalks of the Village.
B.
No sign or other structure over the sidewalk, except
movable awnings, shall be erected at a height of less than nine feet
in the clear above the sidewalk, and the outer extremity of such construction,
except a marquee or a sign over a marquee, shall not extend beyond
a point nearer than 18 inches of a line perpendicular to the outside
curbline.
C.
The frames and supports of all movable awnings shall
be securely attached to the walls of buildings, and the lowermost
point of the frame or support shall not be less than seven feet six
inches above the sidewalk, and the lowest part of the curtain scallop
or valance shall be at a height of not less than seven feet above
the sidewalk when such awning is extended.
D.
Permits for encroachments hereafter to be made shall
be conditioned upon the filing in the office of the Village Clerk
of a certificate by the person making the same that such encroachment
has been made in accordance with the plans and specifications filed
with such application and in accord with all conditions contained
in said permit, and which certificate shall be so filed within 10
days of the completion of such encroachment.
Applications for such permits shall be made
in duplicate to the Village Clerk of the Village on a form provided
by the Village and shall specify the name of the person making the
application, the location by street and number of the property in
connection with which the permit is requested and a description of
the particular encroachment for which the permit is requested, together
with such other information as the Board of Trustees shall from time
to time require. Applications for permits or encroachments not in
existence at time of such application shall be accompanied by plans
and specifications. Permits may be granted by the Board of Trustees
for a period of one year from September 1, 1950, or until September
1 following the granting of the permit. Upon the granting of such
permit, there shall be delivered to the applicant a printed permit
containing the information set forth in the application and such conditions,
additional to the conditions herein set forth, with respect thereto
as may have been imposed by the Board of Trustees. Additional encroachments
may be constructed and maintained upon the same premises after an
endorsement upon the permit by the Village Clerk of permission for
such additional encroachments. Separate permits shall be required
for each separately numbered street property and for encroachments
erected and maintained by a lessee or occupant as distinguished from
an encroachment erected or maintained by an owner of property.
Permits may be transferred from one person to
another with the approval of the Village Clerk and by his endorsement
thereon.
Permits may be renewed for each year after September
1, 1950, upon the payment of the annual fee herein provided. Bills
for the renewal of outstanding permits may be mailed to persons holding
the same on or before the 15th day of August prior to each renewal
year.
The holder of any permit shall grant to the
Building Inspector, his authorized agent or any other officer or employee
of the Village of Hudson Falls access to the property for which a
permit is granted, at any reasonable hour, for purposes of inspection.
Permits shall be subject to revocation at the
pleasure of the Board of Trustees at any time. Each permit shall be
granted, whether or not set forth herein, upon the condition that
the person to whom it is granted shall remove any such encroachment
upon the revocation of the permit within five days from the date of
mailing of notice of such revocation to the person to whom the permit
was granted, at the address given in the application therefor. If
the encroachment shall not be removed, the same may be removed by
the Village of Hudson Falls, and the expense thereof charged to and
paid by the person to whom such permit was granted, denied, renewed
or not renewed, granted with or without conditions, and such conditions
may be altered, revoked or amended as the Board of Trustees may from
time to time determine.
The permit required by this article shall be
in addition to any permit required by any other ordinance of the Village
of Hudson Falls.
[Amended 3-16-1992 by L.L. No. 4-1992]
The fee for a permit required by this article
shall be the sum of $10 for each year or any portion of a year, payable
upon the application therefor, or, in case of renewal permits, on
or before the first day of September in each year.
[Amended 3-16-1992 by L.L. No. 4-1992; 8-14-2000 by L.L. No.
9-2000; 10-12-2004 by L.L. No. 6-2004]
Any violation of any of the provisions of this
article shall subject the offending party to a penalty not exceeding
$250 or imprisonment for a period not exceeding 15 days, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of three years, punishable
by a fine of not less than $250 nor more than $500 or imprisonment
for a period not to exceed 30 days, or both; and upon conviction for
a third offense or subsequent offense, all of which were committed
within a period of five years, punishable by a fine of not less than
$500 nor more than $750 or imprisonment for a period not to exceed
60 days, or both. In addition to such penalty, such violation shall
constitute disorderly conduct, and the person violating the same shall
be a disorderly person.
All permits for signs or encroachments issued
by the Village of Hudson Falls or any department, officer or employee
thereof on or before the first day of September 1950 are hereby revoked.
