City of North Tonawanda, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of City of North Tonawanda 11-20-1972. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 35.
Nuisances — See Ch. 62.
Sewers — See Ch. 75.
Sign permits — See Ch. 77.
Snow vehicles on sidewalks — See Ch. 80.
Streets — See Ch. 81.
Trees — See Ch. 91.

§ 76-1 Advertising in public places.

No person shall place upon or affix, or cause or procure to be placed upon or affixed to any sidewalk, hydrant, lamppost, tree, telephone, telegraph or electric light pole or public building in any public street or place within the city any words, characters, device, bill, placard, poster, notice, letters or pictures of any kind as a notice of or reference to any article, business, exhibition, profession, matter or event of any nature, including political contests.

§ 76-2 Presumptive evidence.

The placing or affixing of any words, characters, device, bill, placard, poster, notice, letters or pictures of any kind upon any property or place specified in this section, is presumptive evidence that the proprietor, vendor, exhibitor thereof, or person or persons whose cause is being promoted, caused or procured the same to be placed or affixed.

§ 76-3 Marking sidewalks.

No person shall place any word, letter, figure or drawing, or any mark with paint, chalk or any similar substance on any pavement, curb or sidewalk on any public street in the city. This section shall not apply to words, letters or marks placed on the pavements, curbs or sidewalks by employees of the city for the purpose of directing traffic or regulating the parking of automobiles or otherwise assisting the enforcement of city laws and ordinances.

§ 76-4 Cleaning sidewalks; repairing lateral sewers.

Every owner or occupant of any building or owner of any vacant lot within said city shall keep the sidewalk in front of such building or vacant lot free from ice, snow, grass, weeds, rubbish or other obstructions; and shall at all times keep said sidewalk in good state of repair and shall also repair all lateral sewers to such building or vacant lot. If any person shall neglect or refuse to comply with the requirements of this section as to snow, ice or other obstructions, or sidewalks out of repair, the Superintendent of Public Works shall cause all necessary work to be done at the expense of the person so in default. Included in such expense shall be an additional charge of 50% thereon to cover costs of supervision and administration by the city.

§ 76-5 Fence gates.

No person shall construct or maintain a gate that shall swing outward over any sidewalk within said city.

§ 76-6 Obstructing entrance to public places.

No person or assemblage of persons shall occupy any sidewalk, bridge or entrance to any church or public hall within said city in such manner as to obstruct the free passage of the public.

§ 76-7 Maintenance of sidewalks.

It shall be the duty of every owner or occupant of any premises fronting on any public street or ground to keep the sidewalk in front of the same in good order and repair, and he shall allow no accumulation of dirt, refuse or other material to remain thereon.

§ 76-8 Snow and ice removal.

A. 
It shall be the duty of every owner or occupant of any premises fronting on any public street to remove before 9:00 a.m. all snow and ice which may have fallen upon the sidewalk in front of said premises. In case said sidewalk is not paved its full width, it shall be necessary to remove such snow or ice only from a space three feet in width.
B. 
In case the snow and ice on the sidewalks shall be frozen so hard that it cannot be removed without material difficulty or injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid shall, within the time specified in the preceding paragraph, cause the sidewalk abutting on the said premises to be strewn with ashes, sand, sawdust or other suitable materials and shall, as soon thereafter as the weather permits, thoroughly clean said sidewalk.

§ 76-9 Assessment of costs of removal by city.

Upon the neglect or refusal of any owner or occupant to comply with the provisions of §§ 76-7 and 76-8 of this ordinance, it shall be the duty of the Superintendent of Public Works to see that the provisions of said sections are enforced, and in all cases of their violation he shall employ men to clean such walks at a rate not exceeding the prevailing rate of wages for such work. Said Superintendent of Public Works shall cause to be kept an account of all such work; and on or before the first day of April in each year, the Superintendent of Public Works shall report to the Common Council all parcels of land in front of which such work shall have been performed and the owner and occupant of which shall not have paid to the city the amount of expense incurred in cleaning the sidewalks in front of his premises or removing snow and ice therefrom, and the Common Council shall thereupon order assessments upon such lands for the several sums so reported.

§ 76-10 Snow disposal.

No person shall plow, shovel, sweep or heap up any snow, ice or other materials into piles or ridges on any street or public place in the city or upon the property of the abutting owner, or cause any such act to be done in such manner as to interfere with the safety and convenience of public travel, or to interfere with the use and enjoyment of the adjoining property by the abutting property owner: and in all cases where snow, ice or other material is moved about, it shall be uniformly leveled off in front of residences and places of business in a manner to permit convenient approach thereto and entrance to said premises.

§ 76-11 Duty to install service pipes and sidewalks; maintenance.

A. 
It shall be the duty of the owner or occupant of any premises in the city, whenever such work shall be ordered by resolution of the Common Council, to lay water, sewer and gas service pipes from the main pipes in the street in front of such premises to such point beyond the curbline as the Superintendent of Public Works may determine. It shall be the duty of such owner or occupant to lay and relay sidewalks in front of such premises whenever the same shall be so ordered. The Superintendent of Public Works shall notify the owner or occupant of any premises in front of which such work shall be required to be done that if the same is not done by the owner or occupant within 20 days, the same shall be done by the city, and the expense thereof shall be assessed upon such premises. Such notice may be served personally or by certified mail. In case any such work shall not be done within the time specified in such notice, the Superintendent of Public Works may cause such work to be done, and the expense thereof shall be a charge and lien upon and shall be assessed against such premises.
B. 
It shall be the duty of such owner or occupant to keep in repair the water, sewer and gas service pipes serving his premises, the sidewalks in front thereof and the driveways into the same, and to install drains connected with the sewer on open land to prevent unusual and dangerous accumulations of water and ice upon sidewalks, roadways and public places.
C. 
However, where any sidewalk lying between the street line and the curb is damaged by reason of trees or roots of such trees situated on city-owned lands, said sidewalk shall be reconstructed or repaired by the Department of Public Works at the sole expense of the city, and the tree or root of such tree causing such damage shall be removed by the Department of Parks at the sole expense of the city.
D. 
The provisions of this section are subject to Article IV of Chapter 81 of this Code.
[Added 7-5-1978]

§ 76-12 Penalties for offenses.

Any person, firm or corporation violating any provision of this ordinance shall be fined not less than $5 nor more than $200 for each offense.

§ 76-13 Severability.

If any part or provision of this ordinance or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which said judgment shall have been rendered and shall not affect or impair the validity of the remainder of this ordinance or the application thereof to other persons or circumstances, and the legislature hereby declares that it would have enacted this ordinance or the remainder thereof had the invalidity of such provisions or applications thereof been apparent.

§ 76-14 When effective.

This ordinance shall take effect immediately.