No person, firm, association or corporation
shall hereafter erect and maintain any wall or fence for any purpose
whatsoever, without first having obtained a permit therefor from the
Superintendent of Buildings.
[Amended 7-21-2009 by L.L. No. 9-2009]
All applications for a permit made to the Superintendent
of Buildings shall be made in duplicate and shall state the purpose
for which the wall or fence is to be erected. The application shall
be accompanied by a plot plan showing the proposed location thereof,
a drawing showing a side elevation and a statement setting forth the
length, height and thickness thereof, together with a description
of the material to be used in its construction. Any person seeking
a variance from this section shall make application to the Zoning
Board of Appeals.
The applicant for any such permit shall pay the fees prescribed therefor under the schedule set forth in §
1-32 in Article
III of Chapter
1 of the Village Code.
[Amended 11-1-2005 by L.L. No. 5-2005]
A. Excavations near public street. Any person, firm,
association or corporation owning land within the corporate limits
of the Village of New Hyde Park, upon which land there is any public
street, sidewalk, road or highway as a result of which the surface
shall be lower than the grade of the public street, sidewalk, road
or highway adjacent to said land, shall construct a chain link fence
along the boundaries of such land adjacent to said public street,
sidewalk, road or highway. Such chain link fence shall be constructed
so as to prevent children and other persons from gaining access to
said premises in which the excavation is located. Such chain link
fence shall be a minimum height of seven feet in all commercial zones
and four feet in all residential zones. The height requirements set
forth in this section may be varied only in the discretion of the
Superintendent of Buildings upon good cause shown.
B. The chain link fences provided for in this section
shall be maintained until the foundation upon the subject lot is capped
and backfilled.
C. Abandoned structures. Any person, firm, association or corporation owning land within the corporate limits of the Village of New Hyde Park, upon which land there exists a wholly or partially complete abandoned or unoccupied structure which shall have been abandoned or unoccupied for a period of more than one year, must install a chain link fence around said property in the dimensions set forth in §
101-4A.
[Amended 6-20-2006 by L.L. No. 7-2006]
A. Outdoor swimming pools shall be provided with an enclosure
which shall comply with the following:
(1) Shall be not less than five feet nor more than six
feet in height and have a maximum vertical clearance to grade of two
inches;
(2) Where a picket-type fence is provided, horizontal
openings between pickets shall not exceed four inches;
(3) Where a chain-link fence is provided, the openings
between links shall not exceed 2 3/8 inches;
(4) Enclosures shall be constructed so as not to provide
footholds;
(5) Pickets and chain-link twists shall extend above the
uppermost horizontal bar;
(6) Such enclosure shall have railings and posts within
the enclosure which shall be capable of resisting a minimum lateral
load of 150 pounds applied midway between posts and at top of posts,
respectively. Enclosures, fence material or fabric shall be capable
of withstanding a concentrated lateral load of 50 pounds applied anywhere
between supports on an area 12 inches square, without failure or permanent
deformation. Gates provided in the enclosure shall be self-closing
and self-latching with the latch handle located within the enclosure
and at least 40 inches above grade; and
(7) A wall of a dwelling is permitted to serve as part
of the enclosure. However, if the dwelling is being utilized as a
part of the necessary enclosure, a swimming pool alarm must be installed
and maintained.
B. Exemptions.
(2) A pool less than 24 inches deep is exempt from the requirements of Subsection
A of this section.
All walls and fences shall be kept at all times
in a good state of repair.
[Amended 11-16-1999 by L.L. No. 4-1999]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a petty offense, except that a violation of the provisions of Subsection
D of §
101-7 of this chapter is hereby declared to be unlawful and a criminal offense. Each such petty offense is hereby designated a violation as defined in Article IIA of Chapter
1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections
B and
F of §
1-27 of that article. Each such criminal offense is hereby designated a Class A misdemeanor as defined in said Article IIA of Chapter
1 of this Code, and every such misdemeanor shall be punishable in accordance with the provisions of Subsections
C,
E and
F of §
1-27 of that article.