[HISTORY: Adopted by the Board of Trustees
of the Village of Hamilton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-13-1990 by L.L. No. 3-1990]
This article shall be known and cited as the
"Village of Hamilton Sidewalk Law."
This article is enacted to guide and regulate
the maintenance and use of sidewalks along Village streets within
the Village of Hamilton for the following purposes:
A.
To encourage the proper maintenance and repair of
Village sidewalks by adjoining land owners.
B.
To prevent the accumulation of snow, ice or other
obstructions on Village sidewalks.
C.
To prohibit damage or unauthorized modification of
Village sidewalks.
D.
To provide for proper maintenance of that property
located between public sidewalks and the paralleling streets.
When any provision of this article imposes a
greater restriction than another, the more stringent shall govern.
The adoption of this article shall not affect
any pending or prevent any future prosecution of or action to abate
any existing violation of any local law or ordinance repealed by this
article.
The provisions of this article shall apply only
to sidewalks which are in or parallel to and adjoining the right-of-way
of Village streets.
Nothing in this article shall be construed as
affecting the responsibility of any person, firm or corporation to
construct, at its own expense, such sidewalks as may be required in
any subdivision or other residential or commercial village within
the Village.
A.
The owners of buildings or structures adjacent to
public streets and sidewalks shall prevent the falling of snow, ice
or water from such buildings upon Village streets or sidewalks.
B.
The owner or occupant of any lot or parcel of land,
fronting or abutting on any street, public highway, lane or alley,
shall keep the sidewalk along the same in front of such lot or parcel
of land free from ice, dirt, filth, weeds, papers, leaves or other
obstructions of any kind, so as to permit easy and safe use of such
sidewalk. Every such owner or occupant shall, after every fall of
snow, cause the same to be removed from such sidewalk as to provide
for a reasonably safe and convenient passage of pedestrians. Occasional
passage over such sidewalk of a Village-operated snowplow or snow-removal
device is intended to assist such owner or occupant in this responsibility.
Accordingly, every such owner or occupant shall, after passage of
such snowplow or snow-removal device, cause any remaining snow or
ice to be removed from such sidewalk so as to provide for a reasonably
safe and convenient passage of pedestrians. Failure to complete the
obligations set forth in this subsection within three hours from the
time when such snow, ice, dirt, filth, weeds, papers, leaves or other
obstructions shall have been deposited thereon shall constitute a
violation under this article, and the Village may, at its discretion,
cause such obstructions to be removed at the landowner's expense,
in which event such expense times a multiple of 1.25 shall become
a lien against the adjoining property and be billed to the property
in the same fashion as annual Village real property taxes.
C.
No person shall place or pile any material, snow,
rubbish or other things in such a fashion as to obstruct free passage
on any sidewalk within the Village of Hamilton.
D.
No person or persons shall put up, erect or cause
to remain any case, box, show case, basket or other things projecting
into, remaining on or hanging over the street, sidewalk or area between
such street and sidewalk, from the premises of such person, for the
purpose of displaying any goods, wares or merchandise. The Village
of Hamilton Board of Trustees may, from time to time, by resolution,
grant exemptions to this section for sidewalk sales occasionally conducted
in the central business district.
E.
No person shall alter the line or grade of any sidewalk,
curb or gutter, and all such sidewalks, curbs or gutters hereafter
constructed or repaired in the Village of Hamilton shall be built
on lines and grades approved by the Village Engineer or his designee
and in accordance with the Village of Hamilton sidewalk specification.
The Village of Hamilton Board of Trustees shall establish the Village
of Hamilton sidewalk specification by resolution.
[Amended 1-14-1992 by L.L. No. 1-1992]
F.
The owner of a lot or parcel of land fronting or abutting
on any public right-of-way is responsible for the proper construction
and maintenance of the sidewalk along the public right-of-way in front
of such lot or parcel in good and proper condition.
G.
Unless acting under a contract with the Village, it
shall be unlawful for any person, other than a duly authorized Village
official or employee in the course of his employment, to make or cause
or permit to be made any excavation or opening in or under any sidewalk
or in or under any pavement of any street, alley or other public place
within the limits of the Village, without first having obtained or
having in force a permit to do so, as herein provided. In an emergency
arising out of office hours, at night, on a Sunday or legal holiday,
when an immediate excavation may be necessary, the same shall be reported
to the Underground Fixtures Protective Organization (UFPO) (NOTE:
UFPO, 1-800-962-7962) and the Village Engineer. The Village Engineer
shall grant permission to make the necessary excavation upon the express
condition that the application shall be made in the manner herein
provided within the next 24 hours. All excavation shall be properly
guarded by barriers and emergency lighting and shall conform to the
requirements of the New York State Department of Motor Vehicle's Manual
of Uniform Traffic Control Devices.
H.
It shall be unlawful for any person to obstruct passage
on any sidewalk by parking a motor vehicle thereon.
The Village of Hamilton may, from time to time, provide, as a service to its residents, a sidewalk snowplow to assist adjoining landowners and occupants in their responsibility to remove accumulations of snow. The Board of Trustees of the Village of Hamilton finds that this service is in the nature of assistance to the adjoining landowners and occupants in meeting their responsibility only and is not intended to serve as a substitute nor to completely remove all accumulations of snow or ice. Accordingly, it is the responsibility of adjoining landowners and occupants to complete proper snow and ice removal both before and after any sidewalk plowing as set forth at § 140-7B above.
[Amended 12-8-1998 by L.L. No. 6-1998]
A.
Nothing contained in this article shall affect or
impair the requirements or applicability of New York State Village
Law § 6-628 or New York State Civil Practice
Law and Rules Article 98.
B.
No civil action shall be maintained against the Village
for damages or injuries to person or property sustained in consequence
of the existence of snow or ice remaining upon any sidewalk or crosswalk
following passage over such sidewalk or crosswalk of a snowplowing
or snow-removal device operated by or on behalf of the Village of
Hamilton unless written notice of the existence of the snow or ice,
relating to the particular place, was actually given to the Village
Clerk and there was a failure or neglect within a reasonable time
after the receipt of such notice to cause the snow or ice to be removed
or the place otherwise made reasonably safe. The Village Clerk shall
keep an indexed record of all such written notices which he shall
receive in accordance with the requirements of § 4-402 of
the Village Law of the State of New York.
C.
The owner or occupant of any lot or parcel of land
fronting or abutting on any street, public highway, lane or alley
and each of them shall be liable for any injury or damage by reason
of omission, failure or negligence to make, maintain or repair such
sidewalk, or to remove snow, ice or other obstructions therefrom,
or for violation or nonobservance of Village of Hamilton laws relating
to the making, maintaining and repairing of sidewalks and the removal
of snow, ice and other obstructions therefrom.
The Village of Hamilton Code Enforcement Officer, as established pursuant to § 174-72 of the Village of Hamilton Zoning Law, and the Village of Hamilton Police Department, are hereby designated to administer and enforce this Village of Hamilton Sidewalk Law.
A.
No zoning permit, building permit or certificate of
occupancy shall be approved by the Enforcement Officer until such
time as all sidewalks running through or fronting upon the property
affected by such permit or certificate is fully in compliance with
this article.
B.
No sidewalk, curb or gutter shall be erected, moved,
altered, added to, enlarged or demolished, and no excavation for the
same shall begin unless and until building permits for such work have
been obtained.
A.
Any person or corporation, whether as owner, lessee
or agent or employee of any of them, who violates any provision of
this article shall be liable to a penalty not exceeding the following:
(1)
For the conviction of a first offense, a fine not
exceeding $350 or imprisonment for a period not to exceed six months,
or both;
(2)
For conviction of a second offense, both of which
were committed within a period of five years, a fine not exceeding
$700 or imprisonment for a period not to exceed six months, or both;
and
(3)
For a third or subsequent offense, all of which were
committed within a period of five years, a fine not exceeding $1,000
or imprisonment for a period not to exceed six months or both.
B.
Each week or portion thereof in which a violation
continues shall constitute a separate additional violation.
An action or proceeding in the name of the Village
of Hamilton, New York, may be commenced in any court of competent
jurisdiction to compel compliance with or restrain by injunction the
violation of any provision of this article or any rule or regulation
adopted pursuant to this article or any order issued pursuant to this
article. Such remedy shall be in addition to penalties otherwise prescribed
by law.
A.
Whenever the Code Enforcement Officer has reasonable
grounds to believe that work on any sidewalk, curb or gutter is proceeding
without permit or is otherwise in violation of the provisions of any
applicable law, code, ordinance or regulation or is not in conformity
with any of the provisions of the application, plans or specifications
on the basis of which a building permit was issued, he shall notify
either the owner of the property or the owner's agent or the person,
firm or corporation performing the work to immediately suspend all
work. In such instance, any and all persons shall immediately suspend
all related activities until the stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form
prescribed by the Code Enforcement Officer and shall state the reasons
for the stop-work order, together with a date of issuance. The stop-work
order shall bear the signature of the Code Enforcement Officer or
that of a duly authorized designee and shall be prominently posted
at the work site.
Upon resolution of the Village Board, the Code
Enforcement Officer of the Village of Hamilton shall have authority,
pursuant to Article 150 of the New York Criminal Procedure Law, to
issue appearance tickets as defined therein for the purpose of enforcing
this article.
A.
The owner(s) of a lot or parcel of land fronting or abutting on any
street, public highway, lane or alley shall be responsible for the
proper construction and maintenance of any and all public sidewalks
abutting the property such that all such sidewalks shall be at all
times kept free of obstructions and cracking, spalling and/or changes
in surface alignment that may create a tripping or falling hazard.
B.
Notification of defect and appeals.
(1)
In the event that the owner of any such lot or parcel of land shall
fail to maintain the sidewalk abutting the property in conformity
with the provisions of this chapter, the Village may notify said owner,
by hand delivery or first-class mail to the owner's address of
record for purposes of receiving Village tax notices, of the nature
and extent of such defect and/or nonconformity and of the owner's
responsibility to correct such condition(s). In the case of any obstruction
of the sidewalk, the notice shall state that the obstruction(s) shall
be removed within 24 hours of receipt of such notice. In the case
of any other defect, the notice shall state the nature of the defect(s)
and that the defect(s) shall be corrected within 20 days of receipt
of such notice. Any such notice not returned to the Village by the
U.S. Postal Service shall be deemed received five days after the date,
if mailing. The lack of receipt of any such notice from the Village
shall not relieve or excuse the property owner from maintaining any
such adjoining sidewalk in conformity with the provisions of this
chapter.
(2)
Any owner receiving such notice shall have the right to appeal to
the Village Board of Trustees as to whether the Village has reasonably
stated the extent of the obstruction and/or other defect or nonconformity.
Such appeal shall be made, in writing, to the Village Board within
the twenty-four-hour or twenty-day period stated in the notice, as
applicable. In the event such appeal is denied, the defect(s) shall
be corrected within 20 days of the owner's receipt of notice
of the denial of the appeal.
C.
In the event that the owner has not filed an appeal and does not
cure such obstruction or nonconformity or defect within the twenty-four-hour
period or the twenty-day period, as applicable, the Village may proceed
to remove the obstruction and/or cure the nonconformity or defect
or to reconstruct the sidewalk, as appropriate, and the entire expense
thereof shall be charged and invoiced to the owner and shall be a
lien upon the adjoining premises and, in the event of nonpayment of
the invoice within 30 days of mailing thereof by the Village, charged,
assessed and levied against the adjoining premises to the same extent
and in the same fashion as Village taxes are levied upon the premises
and collected.
D.
Application for Village assistance; completion of replacement.
(1)
The owner of any premises adjoining a public sidewalk located within the Family Residential Zoning District, the Mixed-Use Perimeter Zoning District, the Mixed-Use Eaton Zoning District, the Mixed-Use Green Zoning District, and the Mixed-Use Broad Zoning District, as defined by the provisions of Chapter 174 of this Code, that the Village has deemed to be in need of repair or replacement, regardless of whether a notice of defect has been received given by the Village, may apply to the Village for assistance in completing the repair and/or replacement of the defective sidewalk. To the extent workers and equipment are available to complete such work, which shall be determined in the sole discretion of the Village DPW Foreman, the Village will complete the remediation and/or replacement of the defective sidewalk after the owner has paid to the Village a sum of money determined by the Village DPW Foreman to compensate the Village for the Village's cost of concrete, reinforcement materials, topsoil and any other materials necessary to perform the repair and/or replacement in accordance with the provisions of this chapter. The time and manner of such work shall be determined by the Village DPW Foreman in his or her sole discretion.
(2)
After being issued a permit by the Village Code Enforcement Officer,
any property owner may, at the owner's expense, complete any
sidewalk replacement or remediation or hire a private contractor to
complete the replacement or remediation in accordance with the provisions
of this chapter and to the satisfaction of the Village DPW Foreman.
E.
Any failure to comply with the provisions of this section and chapter
shall constitute an offense subject to prosecution by the Village.
Any such offense shall be a violation subject to a fine not to exceed
$250 and/or imprisonment not to exceed 15 days per offense.
[1]
Editor's Note: This local law also retitled the section from
"Maintenance and repair of sidewalks; rebates; failure to comply;
appeals" to "Maintenance and repair of sidewalks by property owner
or Village."
A.
In the following specifications, the word "sidewalk"
shall be understood to cover both sidewalk and driveway unless otherwise
stated. The references at the end of these specifications shall apply
to all sidewalk work within the Village.
B.
Existing sidewalks should be replaced when they show
visible signs of deterioration and present a hazard to pedestrian
traffic.
C.
The house side of the sidewalk shall be at the outer
limit of the public right-of-way. Sidewalks shall be constructed of
untinted portland cement concrete. Width of sidewalks shall conform
to adjacent walks unless major reconstruction of the walks in the
area is planned; but in no case shall any sidewalk be less than four
feet wide. Sidewalks shall have a minimum slab thickness of four inches,
based upon standard form lumber. Driveways shall have a minimum slab
thickness of six inches and shall contain an integral mat of reinforcing
wire fabric as noted below. Driveways shall be no less than 12 feet
wide, unless otherwise ordered in writing and, unless already outlined,
shall be marked by a letter D at least 3/4 of an inch high on at least
two corners bounding the limits of the drive. Both walks and drives
shall be placed on a compacted foundation of clean crushed rock or
gravel, New York State Department of Transportation Specification
Table 703-4, Size Designation 1, of six and eight inches depth, respectively,
unless otherwise permitted in writing.
D.
The area for a sidewalk shall be cleaned, grubbed
and brought to suitable subgrade by excavation or fill as required
and firmly compacted. The completed subgrade shall extend six inches
in excavation and 12 inches in embankment beyond the side lines of
the completed walk. The completed subgrade shall contain no roots,
sod, loose or uncompacted earth, mud, organic materials or rubbish.
All surplus and waste material must be removed from the work site
by the close of work on the same day generated. Additional material
required in embankment must be obtained from an approved source. When
the sidewalk is laid in cut, the earth between the sidewalk and roadway
must be graded to give a one-fourth-inch per foot pitch from the sidewalk
to the curbline.
E.
At all times during the course of the work, the site
shall be made safe to the public. Barricades and warning lights shall
be supplied by the contractor or owner and safe rerouting of foot
traffic shall be incorporated into the job. The work site shall be
lighted at night by the contractor or owner.
F.
Forms shall be installed to provide an acceptable
transition in elevation from existing adjacent walks to the new walk.
In exceptional cases only, and as approved in advance, shall the slope
of any walk exceed one in 18. Forms shall be constructed of lumber
of two inches nominal thickness or of steel or other acceptable material
of equal rigidity or strength. Flexible forming may be used on curves.
Forms shall be rigidly staked and braced with edges conforming to
the required transverse pitch of 1/4 inch per foot and to the established
line and grade. Forms shall be installed to a line and grade in such
a manner that no water shall be trapped or impounded by the construction
of the walk. Drainage shall be toward the street, if possible. All
forms shall be checked and approved by the Village Engineer or his
agent prior to the placement of any concrete; concrete placed in unapproved
formwork shall not receive any reimbursement from the Village. All
forms shall be properly cleaned and prepared before any material is
deposited against them. Forms and subgrade shall be thoroughly dampened
by sprinkling with water prior to concrete placement. If the ambient
temperature is expected to exceed 85º F. at the time of placement,
the forms and subgrade shall be thoroughly soaked by flooding on the
previous evening and again sprinkled just prior to placing the concrete.
No concrete shall be placed on standing water, however; nor shall
concrete be placed if rain is expected during the placement or finishing
operations unless steps are taken to mitigate possible damage to the
concrete.
G.
In every driveway, and where reinforcement is to be
incorporated into the sidewalk, it shall be steel wire fabric, New
York State Department of Transportation Specification 709-02, embedded
at mid-depth in the slab and consisting of No. 6 gauge wire at six-inch
centers transversely and longitudinally. In those locations where
the wire fabric passes through a contraction or construction joint,
every other wire shall be severed. All fabric shall be lapped at least
six inches and shall run the full length of the walk and to within
three inches of the edges, but no closer to the edge than one inch.
H.
Where the new slab abuts an existing walk, drive,
building, curb or other rigid object, an expansion or filler joint
shall be installed, 1/2 inch wide and to the full depth of the slab,
extending from within 1/8 inch of the surface to the subgrade. Subject
to approval by the Village Engineer or his agent, expansion joint
materials may be:
(1)
Premolded bituminous joint filler, New York State
Department of Transportation Specification 705-07, laid in one piece
for as long as the full length of the new slab and suitably sealed
by an approved joint sealer, New York State Department of Transportation
Specification 702-3401.
(2)
Polyvinyl chloride extruded shape, New York State
Department of Transportation Specification 705-11, installed as above.
(3)
Performed elastic joint sealer, New York State Department
of Transportation Specification 705-12, installed as above.
I.
Concrete shall comply with the material requirements
and composition specified for Class E concrete in Section 501-2 of
the New York State Department of Transportation Specifications, proportioned
in accordance with aggregate weights specified for Class E concrete
in Table 501-3, but with 7% air entrainment and the water content
adjusted accordingly in order to achieve a twenty-eight-day compressive
strength of 4,000 pounds per square inch. Water content shall be controlled
so that when placed, the slump of the concrete shall not exceed three
inches. Concrete shall be placed in the forms as close as possible
to its final position in order to avoid segregation and it shall be
spaded against the forms. Concrete shall not be moved by use of vibrators.
The general construction details for manufacturing, transporting,
placing and curing concrete shall meet the requirements of Sections
501 and 502 of the New York State Department of Transportation Specifications.
Cement shall be portland cement, Type 1. Fine aggregate shall meet
the requirements of New York State Department of Transportation Specification
703-07, Concrete Sand. Coarse aggregate shall be either crushed stone
or crushed gravel meeting the requirements of New York State Department
of Transportation 703-02, except that the gradation requirement for
the mixture shall be as indicated in Table 501-2, Type CA-1, composed
in the size designations specified in Table 703-4 for Size Designation
1 stone or gravel.
J.
Concrete shall be floated with a metal float until
the surface has a true contour. The surface shall be neither tamped
nor jitterbugged and shall be worked only once to avoid bringing an
excessive amount of water and fines to the surface. Dry cement or
cement-sand mixture shall not be spread on a finished surface to absorb
water.
K.
Edging shall be commenced as soon as water begins
to leave the surface. The surface edge shall be rounded to a one-fourth-inch
radius.
L.
When edging has been completed, control joints shall
be cut. The walk shall be cut into regular slabs which shall have
no dimension greater than the width of the slab and in no case shall
any dimension exceed 20 feet. Each contraction (control or dummy)
joint shall be cut vertically with an approved concrete saw to a depth
of at least one inch and shall be 1/8 inch wide. The joint shall be
cut when a slight ravelling appears at the cut, normally within four
to 12 hours after placement; early enough to control cracking stresses
caused by shrinkage, but late enough to prevent ravelling and surface
damage. Division plates shall not be used.
M.
Upon completion of jointing, finish the concrete by
working once with a steel trowel and apply a broom finish.
N.
Every section of sidewalk shall be completed on the
day in which it was started. If the entire walkway is not completed
in one day, a construction (cold) joint shall be employed in the same
location as a contraction joint and shall terminate the day's pour.
O.
Sections, when complete, shall be protected by a suitable
covering raised slightly above the surface and kept moist by sprinkling
for three successive days. All walks must be protected from traffic
by suitable barricades and bridges; they shall not be open to traffic
until the end of the curing period. In extremely hot weather (ambient
temperature in excess of 85º F.), the surface of the concrete
shall be kept wet by standing or sprayed water for 12 hours once the
surface has become hard enough to prevent marring. The concrete shall
be shaded from the direct rays of the sun and screened from drying
winds. In extremely hot weather, the curing process shall continue
for seven days and the surface shall be kept constantly wet, avoiding
wet and dry cycles.
P.
In extremely cold weather, the concrete must not be
allowed to freeze. After the first frost in this area and until the
temperature falls below 40º F. for more than one twenty-four-hour
period, concrete must be protected from freezing for at least 48 hours
after it has been placed. The fresh concrete itself must be maintained
at a temperature of 55º F. or greater after placing and for the
first 72 hours thereafter. To ensure this post-placement temperature,
the minimum concrete temperature, as mixed, must be 60º F. when
the ambient temperature is above 30º F. Concrete shall not be
placed when the ambient temperature is expected to drop below 30º
F.
Q.
The contractor shall provide topsoil conforming to
Section 713-01 of the New York State Department of Transportation
Specifications, applied to areas adjacent to the sidewalk where his
operations have disturbed or destroyed the existing grass or other
ground cover in accordance with Section 613 of the New York State
Department of Transportation Specifications. After the topsoil has
been applied, the contractor shall apply grass seed of the property
owner's choice which conforms to Section 713-04 of the New York State
Department of Transportation Specifications.
R.
All property owners desiring to build walks shall
first give notice of that fact to the Village Clerk in order that
the Village Board of Trustees and the Village Engineer or his agent
may make such recommendations as may seem wise in advance of commencement
of the work. Every property owner desirous of receiving the Village
rebate on new sidewalk construction must apply for it on the forms
available at the Village Office. These forms are accompanied by an
affidavit to be submitted by the builder attesting that the sidewalk
has been constructed in accordance with the above specifications.
No rebate shall be paid if there is no affidavit.
S.
These specifications shall take effect immediately
upon publication at the Village Office. Copies may be obtained from
the Village Clerk.
T.
Referenced specifications: New York State Department
of Transportation Specifications, Sections 501 and 502, 608, 613,
701-01, 703-02, 703-07, 705-07, 705-11, 705-12, 709-02, 712-01, 713-01
and 713-04.
[Adopted 1-14-1922 by L.L. No 1-1992]
A.
No person shall willfully or maliciously injure or
destroy any sidewalk or crosswalk or destroy, injure, molest or tamper
with any streetlamp or any electric light pole, wire, lamp or any
electric light fixtures or apparatus or other electric light property
in the Village of Hamilton, New York; or injure or destroy any hydrant
or other property connected with the water works system belonging
to said Village; or do anything to injure or pollute the water in
the reservoir or filter bed of said water works system or the water
flowing thereto or therefrom; or injure or destroy any other property
belonging to said Village.
B.
No person, except a fireman of said Village for the
use of the fire department thereof, shall open or tamper with any
hydrant, valve or stopcock connected with the water works of said
Village without the written consent of the Board of Water Commissioners
of said Village.
[1]
Editor's Note: Former § 140-19,
Throwing rubbish or ashes in streets, was repealed 7-14-1992 by L.L.
No. 5-1992.
No person shall obstruct or cause to be obstructed
any gutter, sluice, sewer or other work in the Village of Hamilton,
New York, used for the purpose of drainage or carrying of water therein.
No person shall remove any earth, turf or gravel
from any street or public ground in the Village of Hamilton, New York,
without the consent of the Board of Trustees of said Village.
No person shall by any act whatsoever willfully
or maliciously alter or interfere with or cause to be altered or interfered
with any grade of any street or sidewalk or crosswalk in the Village
of Hamilton, New York, which grade shall have been established by
the Trustees of said Village or by the Street Commissioner thereof
under the direction of the said Trustees.
No person shall willfully or maliciously break,
mar, injure, remove or deface any building, fence, awning, sign, signboard,
tree, shrubbery or other ornamental thing in the Village of Hamilton,
New York; or pile up before any door or any sidewalk or street any
boxes, casks or other things or tear down any notice or handbill lawfully
posted in said Village; or post any handbill or notice or any paper
whatever upon any electric light pole in said Village; or use pigments
mixed with oil or grease or any other substance that will track or
soil skirts upon any sidewalk or crosswalk in said Village; or deface
any building or other property by markings of any kind or post bills
upon any shade tree or upon any building or other property belonging
to said Village.
A.
The owner or occupant of any lot adjoining any of
the streets or public places of said Village of Hamilton shall keep
the trees adjoining the sidewalk in front of said property trimmed
up to at least 10 feet above the sidewalk, and in the case of any
person neglecting or refusing to trim such trees within one week and
any dangerous trees or limbs to be removed within 12 hours after written
notice has been served upon said owner or occupant, it shall be the
duty of the Street Commissioner to cause such trees to be trimmed
and the expense of such trimming shall be assessed against the adjoining
land, which charge shall be paid by said owner in excess of the penalty
hereinafter prescribed.
B.
The owner or occupant of any lot adjoining any of
the streets or public places of said Village shall keep the shrubs
trimmed so that the branches or leaves shall not come within one foot
from the inside of the sidewalk at any time.
No person shall plant a poplar or willow tree
within 100 feet of any sewer line or water line.
No person owning or having in his possession
any horses, cattle, fowls or any other animal or animals shall permit
the same or any one of them to run at large on any of the streets,
sidewalks, lanes, alleys, parks or public grounds or places in the
Village of Hamilton, New York.
No person shall ride, drive or lead any horse
or other animal upon any of the sidewalks of the Village of Hamilton,
New York, except in necessarily crossing the same and in loading and
unloading goods and chattels or leave any horse untied or hitched
an unreasonable length of time on any street or public place therein
or ride, drive or lead or put or permit any horse or other animal
in or upon the public grounds or parks of said Village.
