[Adopted as Ch. 98 of the 1967 Code]
As used in this Part 2, the following terms shall have the meanings
indicated:
Includes any sign, fire escape, outside balcony, air-conditioning
unit, building overhang, canopy, marquee, awning, wire, cellar entrance,
coalhole, manhole, oil vent or intake, sprinkler shutoff, street or
sidewalk vault, sidewalk elevator, hoistway opening, scaffolding or
other device used in the erection, painting, repair or demolition
of any building or any other device or any structure or opening 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 City of Glens 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 City of Glens Falls or its servants, agents, employees or officers
while acting in the performance of their duties as such.
[1]
Editor's Note: Former § 98-1, Title, which immediately
proceded this section, was deleted 12-18-1997 by L.L. No. 8-1997.
[Amended 12-18-1997 by L.L. No. 8-1997]
On or after the effective date of this Part 2, no person shall
erect, construct or maintain any encroachment under, on, in or over
any public street or sidewalk or any private property used as a public
street or sidewalk without 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 city.[1]
[1]
Editor's Note: Former Subsection B, which dealt with movable
swnings, and former Subsection C, which dealt with Illuminated signs,
which immediately followed this subsection, were deleted 12-18-1997
by L.L. No. 8-1997.
B.
The frames and supports of all movable awnings shall be securely
attached to the walls of the 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.
C.
Permits for encroachments thereafter to be made shall be conditioned
upon the filing in the office of the City 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.
A.
Applications for such permits shall be made, in duplicate, to the
City Clerk of the City on a form provided by the City and shall specify
the name of the person making the application, the location, by street,
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 Common Council
shall from time to time require. Applications for permits for encroachments
not in existence at the time of such application shall be accompanied
by plans and specifications.
B.
Permits may be granted by the Common Council for a period of one
year from June 1, 1950, or until June 1 following the granting of
the permit. The Mayor is hereby authorized to grant encroachment permits
in emergency cases, which are subject to review by the Common Council
at its next meeting.
C.
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 Common
Council.
D.
With regard to the limited provision for signs across Glen Street as described in § 180-4J of Chapter 180 of the Code of the City of Glens Falls, applications shall be made to the City Clerk and approved by the Mayor's office and subject to the limitations noted in said subsection of Chapter 180 of the Code.
[Added 5-21-1998 by L.L. No. 8-1998]
Additional encroachments may be constructed and maintained upon
the same premises after an endorsement upon the permit by the City
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 City Clerk and by his endorsement thereon.
Permits may be renewed for each year after June 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 May 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 City
of Glens Falls access to the property for which a permit is granted
at any reasonable hour for purpose of inspection.
Permits shall be subject to revocation at the pleasure of the
Common Council at any time. Each permit shall be granted, whether
or not set forth therein, 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 the 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 City of Glens
Falls and the expense thereof charged to and paid by the persons to
whom such permit was granted or transferred.
Permits may be either granted, denied, renewed or not renewed,
or granted with or without conditions, and such conditions may be
altered, revoked or amended as the Common Council shall from time
to time determine.
The permit required by this Part 2 shall be in addition to any
permit required by any other ordinance of the City of Glens Falls.
[Amended 12-18-1997 by L.L. No. 8-1997]
A.
The fee for a permit required by this Part 2 shall be as follows:
(1)
Curb cut: $40.
[Amended 11-8-2011 by L.L. No. 8-2011]
(2)
Temporary encroachment: $40.
[Amended 11-8-2011 by L.L. No. 8-2011]
(3)
Street opening: $2.50 for each square foot.
(4)
Outside dining: standard license fee shall be $50, plus additional
fee determined by the number of chairs/seats on public property ($5
for each chair/seat on public property).
[Added 2-12-2019 by L.L.
No. 1-2019]
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(Fee determination. As an example in determining fee, if an
establishment has two tables with four chairs at each table, the fee
for outside dining would be $50 for the standard license fee, plus
$5 for each chair times eight = $40. Total fee: $50 + $40 = $90.)
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B.
Fees are payable for each year or any portion of a year upon the
application therefor or, in case of renewal permits, on or before
the first day of June in each year.
[Amended 12-18-1997 by L.L. No. 8-1997]
Any person violating the provisions of this Part 2 shall, upon
conviction thereof, be subject to a fine not to exceed $250 or imprisonment
for a term not to exceed 15 days, or both.
All permits for any encroachments issued by the Common Council
of the City of Glens Falls or any department, bureau, commission,
officer or employee of the City of Glens Falls on or before the first
day of June 1950 are hereby revoked.
