[HISTORY: Adopted by the Board of Trustees
of the Village of Athens as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Animals running at large — See Ch.
107.
Building construction — See Ch.
116.
Entertainment — See Ch.
137.
Vehicles and traffic — See Ch.
220.
[Adopted 1-7-1942 (Ch. 72, Art. I, of the
1976 Code)]
Pedestrians have the exclusive use of all public
sidewalks and footpaths, but each pedestrian shall keep to the right
side of each public sidewalk or footpath when in motion and, in stopping,
shall do so on the side thereof near the street or curbline and not
in the middle of the walk.
It shall be unlawful for persons unnecessarily
to assemble in any public street, avenue, sidewalk, alley, lane or
in any public place in the Village of Athens in such numbers as to
obstruct travel, or, having so assembled, to refuse to move on when
requested to do so by any police officer. It shall be the duty of
each and every police officer to disperse any such assemblages of
persons.
No person shall loaf, lounge or idle on any
public bridge, street, avenue or sidewalk or in front of or in or
near the entrance of any church, moving-picture theater, place of
public amusement or assemblage or any other building in the Village
of Athens, and every such person shall move immediately from any such
place when requested so to do by any police officer or by any officer
or member of such church or by the owner, occupant, tenant, manager
or person in charge of any such moving-picture theater, place of amusement,
instruction or assemblage or any such building, or by any duly authorized
employee of such person.
No person shall operate, drive, propel or place
any wagon, truck, sleigh or similar vehicle, or lead, drive, ride
or leave any horse or other animal, upon or along any public sidewalk
or footpath in the Village of Athens or so near to such public sidewalk
or footpath as to interfere with or obstruct travel thereon; provided,
however, that this section shall not apply to any person necessarily
driving a vehicle or animal across such public sidewalk or footpath
to or from any adjoining premises, nor to any person drawing or pushing
a small carriage, cart or sleigh commonly used for the carrying of
children, nor to any person riding in, operating or pushing a wheelchair
or electrically driven mobility devices commonly used by persons who
with disabilities and being operated or driven by such person.
[Amended 5-13-2015 by L.L. No. 3-2015]
No person shall coast with any skateboard, in-line skates, roller
skates, handsled, bob, scooter, cart or other vehicle on runners or
wheels on any public sidewalk or footpath in the Village of Athens
in such a way that pedestrian or vehicle traffic would be obstructed,
nor shall any person coast with any skateboard, in-line skates, roller
skates, handsled, bob, scooter, cart or other vehicle on runners or
wheels on any public street or avenue in the Village of Athens, except
upon such public street or avenue or part thereof as may be designated
for the purpose by the Board of Trustees.
No person shall saw, cut or split any wood or
lumber or deposit any coal, wood, lumber, furniture, groceries, boxes,
barrels, merchandise or any other substance whatsoever on any public
street, avenue, sidewalk or crosswalk in the Village of Athens, except
when necessary and for immediate removal; nor shall any person leave
or permit to be left any coal, wood, lumber, furniture, groceries,
merchandise, boxes, barrels or any other substance whatsoever on any
public street, avenue, sidewalk or crosswalk in the Village of Athens
more than one hour.
[Amended 5-13-2015 by L.L. No. 3-2015]
A. Garbage cans.
(1) Garbage cans must be stored out of sight. None are
to be kept on sidewalks in front of buildings between garbage pickup
dates.
(2) Garbage must be kept in cans that have tightly sealed
lids to prevent health hazards.
(3) Garbage cans or bags awaiting trash removal shall
not be left on any sidewalk or street in the Village for more than
24 hours. Any bags containing food remains must be placed inside garbage
cans with lids.
B. Dumpsters.
(1) All dumpsters used to handle household and restaurant
refuse must have a cover that must be kept closed except when the
unit is in the process of being filled or emptied.
(2) Dumpsters of this type must be emptied and disinfected
regularly. The Village Code Enforcement Officer shall have the power
to direct disinfecting, cleaning or emptying of any dumpster he deems
to be a hazard to public health.
(3) Dumpsters that can be observed from a public-right-of-way
should be kept in an enclosure. The enclosure should be of sufficient
height to shield the dumpster from view.
No person shall place any box, flowerpot or
other article upon any windowsill or projection of any building fronting
on any public street or avenue or sidewalk and within 10 feet of the
line thereof in the Village of Athens unless such article shall be
suitably secured so as to prevent it from falling.
No person while transporting through any public
street or avenue any manure, gravel, dirt, stones, garbage, ashes,
refuse or other substance shall permit the same or any portion thereof
to escape from the load or bulk transported and to fall and remain
upon the surface of any public street or avenue in the Village of
Athens.
[Amended 8-3-1976 by L.L. No. 11-1976]
No person owning or controlling any building
shall construct or permit to be constructed any roof or eaves or part
thereof so that the same will project over any public sidewalk or
street unless there shall be attached to such building eaves, trough
or gutter or other device so placed as to prevent the water from falling
therefrom upon such sidewalk or street.
No person shall drive or lead or permit to be
driven or led any horse or horses or other animal or animals over,
through or along any public street or avenue in the Village of Athens
without having the same securely fastened and harnessed by ropes or
otherwise, except that horses or cattle may be driven over such routes,
at such times and under such conditions as may be prescribed in and
by a written permit to be issued by the Mayor of the Village upon
application therefor.
[Amended 5-13-2015 by L.L. No. 3-2015]
No person, firm or corporation shall distribute
or permit to be distributed any handbills or printed circulars on
any public street, avenue or sidewalk in the Village of Athens; provided,
however, that the same may be left within any building. No person,
firm or corporation shall post or cause to be posted any bill, card
or advertisement other than a legal notice upon a telephone, telegraph
or electric light pole or upon any building or fence except by permission
of the owner of such building or fence in the Village of Athens; nor
shall any person, firm or corporation paint, print or write, or cause
to be painted, printed or written, on any public sidewalk, bridge
or building in the Village of Athens any word, figure, picture or
advertising device of any character whatsoever.
No person, firm or corporation shall distribute
or cause to be distributed for advertising purposes in the Village
of Athens any free package, box, bottle or paper containing any pills,
powder, potion, salve, ointment or other medical preparation unless
the same is delivered into the hands of an adult person.
No person, firm or corporation shall, without
first having obtained the permission of the Board of Trustees therefor,
evidenced by a resolution adopted at a meeting thereof and entered
in its minutes, erect any booth or stand for the purpose of selling
or exposing for sale or advertising any goods, wares or merchandise,
or erect any platform or grandstand or hang or cause to be hung any
banner or advertising device of any kind, upon, across or over any
public street, avenue, sidewalk or in any public place in the Village
of Athens.
No person, firm or corporation shall construct
or use or permit to be constructed or used any cellarway leading from
any public street, avenue or sidewalk in the Village of Athens unless
the same shall have trapdoors so constructed as to be on a level with
the sidewalk or with the platform, if any, in front of the building
where such cellarway is located so that it will be entirely safe for
persons to pass over the same; nor shall any person, firm or corporation
keep open or permit to be kept open any trapdoor or grate in any sidewalk
in the Village of Athens, except while the same is necessarily and
actually in use for the receipt or delivery of goods or fuel or other
property and while the same is properly guarded to prevent persons
from walking or falling into the same.
[Amended 8-3-1976 by L.L. No. 11-1976; 5-13-2015 by L.L. No. 3-2015]
The owner or occupant of any lot or parcel of land fronting
on any public street or avenue in the Village of Athens shall be and
hereby is required to cut the grass, weeds and bushes along such street
or avenue abutting such lot or parcel of land so that the property
is maintained free from weeds or plant growth in excess of 10 inches.
All noxious weeds shall be prohibited. "Weeds" shall be defined as
all grasses, annual plants and vegetation, other than trees or shrubs;
provided; however, this term shall not include cultivated flowers
and gardens. Whenever the owner or occupant fails to cut the grass,
weeds and bushes, the Village shall perform such work and add the
cost thereof to the property tax tolls."
The owners of buildings adjacent to public streets
and sidewalks shall prevent the accumulation of snow, ice or water
thereon and shall prevent the falling of snow, ice or water from such
buildings upon such streets or sidewalks.
[Amended 8-3-1976 by L.L. No. 11-1976; 5-13-2015 by L.L. No. 3-2015]
All snow, ice, dirt and other obstructions upon
any public sidewalk in the Village of Athens shall be removed by the
owner or occupant of the adjoining land immediately after such snow,
ice, dirt or other obstruction is deposited thereon. Whenever the
owner or occupant of the adjoining premises fails to remove the snow,
ice or dirt or other obstruction from the sidewalk in front of such
premises so owned or occupied by him within five hours from the time
when such snow, ice or other obstruction shall have been deposited
thereon or within one hour after notice from the Superintendent of
Public Works of the Village to remove the same, the Village shall
perform the work of removal and add the cost thereof to the property
tax rolls.
A. No person, firm or corporation shall deposit or place
any lumber, wood, iron, sand, lime, brick, stone, concrete blocks
or other building materials on any public street, avenue or sidewalk
in the Village of Athens without first having obtained permission
from the Board of Trustees of the Village so to do, which permission
shall be evidenced by a resolution duly adopted at a meeting of the
Board of Trustees and entered in its minutes. Whenever the Board of
Trustees may consider it advisable to grant to any person, firm or
corporation the permission to deposit any building materials on any
part of any public street or sidewalk, such permission may be given
by the Board of Trustees for such time and upon such conditions as
in its judgment shall be deemed advisable. Said building materials
shall not occupy more than 1/3 of the width of the street nearest
the building under construction, and under no circumstances shall
such materials be so placed as to prevent or hinder free access to
any fire hydrant; nor shall any person, firm or corporation permit
any sand, gravel, cement, stone, brick, lumber, iron, wood or other
materials to be and remain in or upon any public street, avenue or
sidewalk at night unless he or it shall keep or cause to be kept a
lamp or lamps with red globes continually lighted during each night
upon or near such materials so as to distinctly cast light upon the
same and to warn travelers of their presence on such street or sidewalk.
B. Construction and demolition (dumpster/container).
Any person desiring to utilize a dumpster or container for the purpose
of a construction site or demolition site job shall make application
to the Code Enforcement Officer. The Code Enforcement Officer may
set reasonable conditions on said placement of a dumpster. The dumpster
must have sufficient reflectors upon it to provide for public safety
if the unit is to be placed upon a street or sidewalk in the Village.
No person, firm or corporation shall construct,
build or maintain any bridge, sluice or driveway over or across any
street, gutter or surface watercourse of the Village of Athens without
permission of the Board of Trustees of said Village.
A. No person, firm or corporation shall remove from or
deposit on any public street, avenue, lane, alley or sidewalk any
dirt, gravel, stone or other material without first having obtained
permission from the Board of Trustees, which permission shall be evidenced
by a resolution duly adopted by the Board of Trustees at a meeting
thereof and entered in its minutes.
B. No person, firm or corporation shall intentionally
injure any pavement, sidewalk, sewer, catch basin, crosswalk, drain,
gutter or public ground; nor shall any person, firm or corporation,
without permission of the Board of Trustees, dig or make or cause
to be dug or made any hole or excavation in or under any public street,
avenue, alley, sidewalk or ground, which permission shall be evidenced
by a resolution duly adopted by the Board of Trustees at a meeting
thereof and entered in its minutes. Application for permission to
dig or make any such hole or excavation in or under any public street,
avenue, sidewalk, alley, lane or public ground shall be in writing
and subscribed by the applicant and shall specify the purpose of the
proposed excavation, the location thereof, the name of the person
for whom the work is to be done and the name of the contractor if
there is one. The Board of Trustees may exact security for the restoration
of such public street, avenue, sidewalk, alley, lane or ground, either
by a bond or guaranty of some responsible party or by depositing with
the Village Treasurer a sum of money deemed by the Board of Trustees
to be sufficient security for such restoration, the same to be returned
when such restoration is completed to the satisfaction of the Board
of Trustees, but the giving of such security or money shall not be
held to relieve any party from liability under any local law of the
Village of Athens.
C. In case any excavation shall have been made in or
under any public street, avenue, sidewalk, alley, lane or public place
and such street, avenue or place has not been restored and left in
condition deemed by the Board of Trustees to be as good, substantial
and permanent as before the excavation, the person, firm or corporation
making such excavation shall restore such public street, avenue, sidewalk
or place to a condition deemed by the Board of Trustees to be as good
and substantial and permanent as before the excavation within five
days after written notice shall be served upon such person, firm or
corporation requiring him or it to do so.
D. No person, firm or corporation making or having charge
of any excavation in or under any public street, avenue, sidewalk,
alley, lane or public place shall permit such excavation to remain
open or uncovered, either day or night, without having and causing
the same to be fenced in and guarded during the day by red flags and
at night by lights with red globes so placed and kept as to properly
warn all persons of such excavation.
A. No person, firm or corporation shall unlawfully hinder,
obstruct or delay any person employed by the Village of Athens or
any contractor or subcontractor engaged in the construction or repairing
of any public work in said Village.
B. No person shall unlawfully tear down, carry away,
remove or in any manner interfere with any barricade or light placed
upon, around or in any excavation, street improvement or obstruction
in or under any public street, avenue or sidewalk in the Village of
Athens, so placed by an employee of said Village or any owner thereof
or any contractor to protect the public or to prevent injury to such
public works.
No person, firm or corporation shall erect or
cause to be erected any building, piazza, steps, fence or other structure
or part thereof so as to encroach upon any public street, avenue or
sidewalk in the Village of Athens.
No person, firm or corporation shall hang, place,
erect or maintain any awning over any public street, avenue or sidewalk
or any part thereof or in any public place in the Village of Athens
unless the same shall be made of cloth and so hung or placed as to
be at least 7 1/2 feet in the clear above the surface of such
street, avenue, sidewalk or place.
No person, firm or corporation shall erect or
place or permit to be erected or placed any sign, obstruction or device
of any kind or character, or attached to any building, post, pole,
standard or anything of any kind whatsoever, which shall project onto
or over any place or public street, avenue, lane, sidewalk or place
in the Village of Athens, without first having obtained a written
permit from the Board of Trustees of said Village.
No person, firm or corporation shall erect any
telegraph, telephone, electric light or other pole, or string any
wire in, over or upon any public street, sidewalk or public ground,
or erect any post on any public street, avenue or in any place in
the Village of Athens, without first having obtained the permission
of the Board of Trustees.
[Amended 8-3-1976 by L.L. No. 11-1976]
All ornamental and shade trees standing within
or whose branches or any part thereof extend over any public place
or street, avenue or sidewalk in the Village of Athens shall be so
trimmed that the lowest branches shall not be less than 10 feet from
the ground, and it shall be the duty of the owner or occupant of the
premises upon which such trees shall stand to so trim the same. No
person shall refuse or neglect to trim any such trees as herein provided
after being requested so to do by the Superintendent of Public Works
or any officer of the Village of Athens.
No person, firm or corporation shall cut down
or trim any tree standing in or upon any street, avenue, lane, alley,
roadway or public ground in the Village of Athens without first obtaining
the permission and consent of the Board of Trustees of said Village.
No person shall hitch or fasten any horse or
mule to any shade or ornamental tree, or cut or girdle, bruise or
otherwise willfully injure any shade or ornamental tree, in or upon
any street, highway or public ground or along or adjacent to any sidewalk.
[Amended 8-3-1976 by L.L. No. 11-1976]
No person, firm or corporation shall make or
hang any gate so that the same will open and swing over any public
sidewalk or street in the Village of Athens. No person shall neglect
or refuse to remove any such gate after being requested so to do by
the Superintendent of Public Works or any officer of said Village.
A. No person, firm or corporation shall pile, gather
up, plow up or in any way force any snow on or from any part of any
public street, avenue, lane, alley, walk or public place in the Village
of Athens so as to gather up or pile the same upon any other part
of any such public street, avenue, alley, lane or sidewalk or upon
any intersecting street or sidewalk in said Village. Any person, firm
or corporation piling, gathering or plowing up snow in any public
street, avenue or sidewalk or any public place in the Village of Athens
shall forthwith remove the same at his or its expense upon request
of the Superintendent of Public Works of the Village.
B. Whenever any snow is desired to be removed from any
public street or avenue in the Village of Athens, it shall be carried
away by the person, firm or corporation piling, gathering or plowing
up the same, in wagons, sleighs or cars, under the direction of and
when requested by the Superintendent of Public Works of the Village
to such place or places as may be designated by the Board of Trustees
of said Village.
C. In case any person, firm or corporation shall neglect
or refuse to remove any snow piled, gathered up or plowed up by him
or it on any public street or avenue or sidewalk in said Village within
five hours after being requested so to do by the Superintendent of
Public Works of the Village, the Superintendent of Public Works may
cause the same to be removed at the expense of such person, firm or
corporation.
No person, firm or corporation shall permit
snow or ice to accumulate upon any building adjacent to or so that
said snow or ice projects over any street, avenue, lane or sidewalk
or the Village of Athens, nor permit snow, ice or water to fall from
such building upon any street, avenue, lane or sidewalk of said Village.
No person shall fly a kite or play football,
baseball or any other game on any public street, avenue or sidewalk
in the Village of Athens, except on such streets or avenues or parts
thereof as may be designated by the Board of Trustees as playground
streets.
[Amended 8-3-1976 by L.L. No. 11-1976]
No person, persons or corporation owning or
occupying any house or other building shall cause, permit or suffer
the water from any sink or cesspool, nor the filth from any privy
or water closet connected with such house or building, to be discharged,
thrown or run into any of the streets, highways or alleys of said
Village or on the surface or the open gutters thereof; nor shall such
water or filth be conducted into or across any of said streets or
alleys or beneath the surface thereof except in such places and in
such manner as shall be designated or permitted by the Board of Trustees.
[Added 6-10-1993 by L.L. No. 2-1993]
A. All new curbs and all repairs or alterations to existing
curbs shall be constructed of concrete or granite and shall be designed,
constructed and installed in accordance with proper and workmanlike
standards and shall be located consistent with adjoining curbs and
with the Village street.
B. All new sidewalks, and all repairs or alterations
to existing sidewalks, shall be constructed of concrete, or slate
or blue stone flags, and shall be designed, constructed and installed
in accordance with proper and workmanlike standards and shall be located
consistent with adjoining sidewalks and with the Village street.
C. This section applies to curbs and sidewalks adjoining
Village streets and shall not apply to sidewalks which are located
on the interior of a lot.
[Added 8-23-1995 by L.L. No. 4-1995]
A. It shall be the responsibility of the owner of the
land adjoining any public street, alley, way, park or other public
lands to maintain the sidewalks on the owner's said land adjoining
and running parallel to said street, alley, way, park or other public
land in a safe condition, free from any defects, obstructions, uneven
or slippery surfaces, holes, debris, projections, excavations or like
dangerous conditions.
B. The owner of the land adjoining any public street, alley, way, park or other public lands shall be liable for any injury to person or property, including death, caused by or arising out of dangerous condition in, on or relating to a sidewalk on the owner's said land adjoining and running parallel to any public street, alley, way, park or other public lands, as set forth in Subsection
A above.
C. The Village of Athens, its officers, employees and agents shall not be liable for any injury to persons or property, including death, caused by or arising out of a dangerous condition in, on or relating to a sidewalk adjoining and running parallel to any public street, alley, way, park or other public lands, as set forth in Subsection
A above.
[Added 8-3-1976 by L.L. No. 2-1976]
Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable as provided in Article
I, General Penalty, of Chapter
1, General Provisions, of the Code of the Village of Athens.
[Adopted 8-23-1995 by L.L. No. 3-1995 (Ch. 72, Art. II, of the 1976 Code)]
This article shall be known as the "Prior Written
Notice of Defective Conditions Local Law of the Village of Athens."
Where claims for bodily injury or damage to
property are asserted against the Village arising out of alleged defective
conditions of property owned by or in the care, custody or control
of the Village, adequate notice to the Village of any such conditions
is of substantial importance to allow the Village the opportunity
to investigate and correct such conditions, if found to exist. Whether
the Village has received actual or constructive notice of such alleged
defective conditions is often a question of fact which can lead to
uncertainty and possible unwarranted finding of liability against
the Village. To assure that the Village receives notice of an alleged
defective condition and is able to respond in a prompt and reasonable
manner, the Village Board of Trustees finds it to be important that
such prior notice be in writing. It is the purpose of this article
to require that notice of defective conditions of Village property
be given to the Village by prior written notice actually received
by the Village, in order to provide the safety, health, protection
and general welfare of persons and property in the Village of Athens.
No civil action shall be maintained against
the Village of Athens, its officers or employees for personal injury,
including death, or damage to property related to, caused by, resulting
from or arising out of any property owned by the Village or property
in the care, custody or control of the Village being defective, out
of repair, unsafe, dangerous or obstructed unless, prior to the occurrence
of the injury or damage, the Village shall have been given written
notice of the alleged condition complained of and shall have failed
or neglected within a reasonable time to repair, correct or remove
the condition. Actual or constructive notice of such condition, on
the part of an officer, employee or agent of the Village of Athens,
in the absence of the written notice prepared and served as provided
herein, shall not suffice.
The notice required by this article shall contain
the following:
A. The full name and address of the person giving notice.
B. The particular property of the Village and its location
which is claimed to be defective, out of repair, unsafe, dangerous
or obstructed.
C. The time such condition was first observed or made
known to the person giving notice.
D. A statement of the particulars in which the property
is defective, out of repair, unsafe, dangerous or obstructed.
A. The written notice provided for by this article shall
be served by personal service within the Village of Athens upon the
Village Clerk and, in case of street or sidewalk property, upon the
Village Superintendent of Public Works. Service shall be made at their
respective Village offices.
B. Service may also be made by mailing such notice by
certified mail, return receipt requested, to the officials specified
in this section at their respective Village office addresses.
C. The claimant shall have the burden of proving service
of notice in compliance with this section in any civil action maintained
against the Village or any officer or employee thereof.
A. The Village Superintendent of Public Works shall promptly
transmit to the Village Clerk all written notices received by him
pursuant to this article.
B. The Village Clerk shall keep a record in a separate
book of all written notices received pursuant to this article.
C. The Village
Clerk shall cause any written notice received by him to be brought
to the attention of the Board of Trustees at the Board meeting next
following receipt of such written notice or within 10 days, whichever
is sooner.
This article is adopted pursuant to the Municipal
Home Rule Law, and shall supersede Village Law § 6-628 and
Civil Practice Law and Rules § 9804, to the extent that
said statutory provisions or any judicial interpretation thereof are
inconsistent with this article.