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Village of Potsdam, NY
St. Lawrence County
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Table of Contents
Table of Contents
Code
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[HISTORY: Adopted by the Board of Trustees of the Village of Potsdam: Art. I, 1-17-1955 as L.L. No. 1-1955; Art. II, 7-12-1971 as Ch. 44 of the 1971 Code. Sections 145-1, 145-7A and 145-15 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Sidewalk Specifications — See Ch. A185.
Subdivision Regulations — See Ch. A186.
[Adopted 1-17-1955 as L.L. No. 1-1955]
Section 6-628 of the Village Law, as it applies to the Incorporated Village of Potsdam, New York, is hereby changed, superseded and amended to read as follows:
§ 628 Liability of village in certain actions
  No civil action shall be brought or maintained against the Incorporated Village of Potsdam, New York, for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed or in consequence of the existence or accumulation of snow or ice upon any street, highway, bridge, culvert, sidewalk or crosswalk unless written notice of the existence of such condition, relating to the particular place, had, prior to the happening of the event causing such damages or injuries to person or property, actually been given to the Village Clerk of the Incorporated Village of Potsdam, New York, and there has been a failure or neglect on the part of said village to cause such condition to be corrected or such snow or ice to be removed or the place otherwise made reasonably safe within a reasonable time after the receipt of such notice.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Nothing herein contained, however, shall be held to revive any claim or cause of action now barred by any existing requirement or statute of limitations nor to waive any existing limitation now applicable to any claim or cause of action against the Incorporated Village of Potsdam, New York.
[Adopted 7-12-1971 as Ch. 44 of the 1971 Code]
A. 
Restrictions. No person shall place or leave or cause to be placed or left or allow to be left upon any sidewalk in this municipality any goods, wares, merchandise, boxes, show stands, papers, dirt, sweepings, litter of any description or any refuse matter whatever or in any manner obstruct any sidewalk or throw, put or cause to be thrown or put in or upon any street, alley or stream of water in this municipality any ashes, paper or other rubbish or material whatever.
B. 
Exception. This section shall not be construed to include the temporary occupation or use of 40 inches of the sidewalk in front of any building or premises so far as may be necessary in receiving, displaying and delivering articles or property to or from such premises.
A. 
The Administrator may grant permission, in writing, to any person to fence off and enclose not more than 1/2 of the public sidewalk in front of or adjacent to any building or block while the same is under construction, alteration or demolition, provided that the same shall appear proper and necessary.
B. 
The Administrator shall require a bond or other security sufficient to protect the public and the municipality against all liabilities which may result from such operation.
C. 
The Attorney shall approve the bond or other security as to form, the amount thereof to be determined by the governing body unless delegated to the Administrator.
D. 
The Administrator may, at any time, revoke permission when he deems it necessary or appropriate.
All persons owning or occupying or having charge of any properties in this municipality shall keep the same and any and all sidewalks adjacent to such premises thoroughly clean from all dirt, filth, snow, ice and all unsanitary matter. In case any such person shall fail to comply with the provision of this section, it shall be the duty of the Superintendent of Public Works to cause the same to be cleaned, and all expenses incurred shall be paid by such owner, occupant or person having charge of such premises, as hereinafter provided.[1]
[1]
Editor's Note: Former § 44.4. Sidewalks to be kept in repair, which immediately followed this section, was repealed 9-15-1986 by L.L. No. 4-1986. See Ch. A185, Sidewalk Specifications.
[Added 6-4-1990 by L.L. No. 4-1990]
A. 
The owner or occupant of every building or lot and the owner or occupant of every vacant lot within the limits of this municipality shall keep the sidewalks in front of such premises in good and sufficient repair for the general use of the public. The Superintendent of Public Works or a person acting in that capacity may, by a written or printed notice, require the owner, occupant or agent of any premises to repair any sidewalk adjacent to said premises. The cost of such repairs shall be shared by the owner and the village at the rate of 50% by the owner and 50% by the village, based on the unit price as determined by the village and set each year by resolution of the Village Board, except for tax-exempt entities, who will pay the full cost of such repairs.
B. 
The owner has the option of making the repairs, hiring a contractor to make the repairs or having the Village Department of Public Works personnel make the repairs. In all cases, the repairs shall be made in accordance with Chapter A185, Sidewalk Specifications, of the Code of the Village of Potsdam, adopted pursuant to Local Law No. 4-1986. The village shall share the verified expense, as shown by a contractor's required bill or voucher or signed bill for materials; provided, however, that the village shall, in no event, pay any amount greater than 50% of the rate set by the village, as described in Subsection A above, except for tax-exempt entities, who shall pay the full cost of such repairs. If the owner, occupant or agent shall fail to repair the sidewalk within the time provided in said notice, the Superintendent of Public Works or a person acting in that capacity shall cause the sidewalks to be repaired, and the owner shall pay 50% of the expenses incurred for said repairs, except for tax-exempt entities, who shall pay the full cost of such repairs.
C. 
Construction of new sidewalks.
[Added 8-20-1990 by L.L. No. 8-1990; amended 7-15-1991 by L.L. No. 4-1991; 9-16-1991 by L.L. No. 6-1991]
(1) 
When the village deems that, in the interests of the general public, new sidewalks must be constructed, the Superintendent of Public Works or a person acting in that capacity, by written or printed notice, shall require the owner of any building, occupied lot or vacant lot within the limits of this municipality to construct said sidewalk in accordance with Chapter A185, Sidewalk Specifications, of the Village Code, adopted pursuant to Local Law No. 4-1986.
(2) 
The cost of such construction shall be shared by the owner and the village at the rate of 50% by the owner and 50% by the village, based on the unit price as determined by the village and set each year by resolution of the Village Board, except for tax-exempt entities, who will pay the full cost of such construction.
(3) 
The owner has the option of doing the work, hiring a contractor or having the Village Department of Public Works personnel perform the work. The village shall share the verified expense; provided, however, that the village shall, in no event, pay any amount greater than 50% of the rate set by the village, except for tax-exempt entities, who will pay the full cost of such construction.
(4) 
If the owner or agent shall fail to construct such sidewalk within the time provided in the official notice, the Superintendent of Public Works or a person acting in that capacity shall cause the sidewalk to be constructed, and the owner shall pay 50% of the expenses incurred, except for tax-exempt entities, who shall pay the full cost of such construction.
A. 
Cutting of grass and other vegetation. It shall be the duty of the lessee or person in charge or, if there is no lessee or person having charge, then the owner of each and every parcel of land in this municipality fronting upon any street or highway to maintain the area between the curb or edge of the roadway and the sidewalk of a line 10 feet from and parallel to the edge of the roadway, whichever is less, free from weeds or plant growth in excess of 10 inches in height.
[Amended 5-12-2005 by L.L. No. 2-2005]
B. 
Control of grass and weeds on private property.
[Amended 5-12-2005 by L.L. No. 2-2005]
(1) 
It shall be the duty of the owner, lessee or person having charge of each and every parcel of land in this municipality to keep said parcel free of harmful weeds and other rank or noxious vegetation.
(2) 
Grass shall not exceed 10 inches in height. This provision shall not apply to land used for farm purposes.
C. 
Failure to comply; action thereon. If any person shall fail to comply with the provisions of Subsections A and/or B, the Superintendent of Public Works shall cause such work to be done, and all expenses of same shall be collected as hereinafter provided.
A. 
Computation by Superintendent of Public Works. Whenever the municipality shall perform the work on failure of the owner, occupant or agent to do so as required by §§ 145-5 and 145-6, the Superintendent shall compute the bill as follows:[1]
(1) 
If the work is done by an independent contractor, the amount of his bill, plus an additional charge of 25% thereon to cover the expenses of administration and supervision.
(2) 
If the work is done by municipal employees and equipment, the actual and direct costs of labor, including a surcharge of 25% to cover social security, workmen's compensation and other employee overhead expenses and the usual and customary charges for the use of equipment and material, if any, plus an additional charge of 25% thereon to cover the expenses of administration and supervision.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Delivery to Clerk. The Superintendent shall deliver the computed bill to the Clerk for processing as hereinafter provided.
C. 
Presentation of bill. The Clerk shall present a copy of the bill to the owner or other person responsible on or before the 10th day of the following month by delivering same personally or by certified mail or, if the name of the person responsible or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place on his said premises.
D. 
Failure to pay, action thereon.
(1) 
If the owner or other person responsible shall fail to pay the bill on or before the first day of the month following presentation, a penalty of 5% shall be added thereto, and an additional penalty of 1% per month shall be added thereto until paid.
(2) 
If any bills remain unpaid at the time for making the annual assessment role, the Clerk shall file with the Assessors his certificate of the amount due as of the taxable date against each parcel of property, which Assessors shall, in the preparation of the next assessment role of general municipal taxes, assess such amount upon property, and the same shall be levied, corrected, enforced and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general municipal tax and as a part thereof.[2]
[2]
Editor's Note: Former § 44.20, Erection of signs over sidewalks, which immediately followed this section, was deleted 10-18-1993 by L.L. No. 5-1993.
[Amended 6-17-2002 by L.L. No. 14-2002]
A. 
Notice required for excavations; liability for damages.
(1) 
No person, persons, individual, firm, partnership, association, corporation, company or organization of any kind shall dig, excavate or otherwise do their work within the public right-of-way, easement or where the Village-owned water pipes, sewers or storm drains are located, except during the hours of a regular workday for the Department of Public Works, unless otherwise authorized by the Code Enforcement Officer and Superintendent of Public Works or their designee.
(2) 
No work within such areas shall proceed without an excavation permit and a building permit with the appropriate documentation, i.e., maps or other material sufficient to identify the exact location of the area to be excavated, with the width and length of blacktop or sidewalk to be removed and replaced. The Code Enforcement Officer and the Superintendent of Public Works shall authorize the extent of the excavation work on the excavation permit.
(3) 
The person, persons, individual, firm, partnership, association, corporation, company or organization of any kind doing any of the aforesaid work shall be held liable for any damages resulting from said work to culverts, manholes, catch basins, pipes, mains, streets, sidewalks, and other right-of-way features.
B. 
Site care and restoration.
(1) 
A bond, cash, or check in an amount designated on the excavation in public right-of-way application is required before a permit is issued, to guarantee proper performance of the work and restoration of the site to its original condition.
(2) 
All work shall be done using proper excavation and construction techniques, and adequate materials and equipment shall be used to restore the construction site.
(3) 
If the permittee fails to adequately restore the site as soon as practical, the Village or its contractor will do so. All of the Village costs of the restoration, including labor, equipment and materials, plus 15%, shall be deducted from the amount of the permittee's guarantee deposit at the conclusion of the work.
(4) 
In the event that the Village costs of restoration exceed the deposit on file, the balance shall be billed directly to the property owner. Charges shall be computed and billed in accordance with § 145-7.
(5) 
The permittee is responsible for traffic protection and maintenance, including adequate use of signs and barriers, during work and after working hours. No obstruction is to be left on the pavement or the right-of-way or in such a position as to block warning signs. No work shall be done to obstruct drainage or divert water onto the right-of-way.
(6) 
All falsework shall be removed and all excavations shall be filled in and restored to the satisfaction of the Superintendent of Public Works or his designee.
(7) 
The property owner shall be responsible for making additional repairs or restorations to the site if there is any settling or subsidence thereafter caused by such excavation for a period of two years after release of deposit of said excavation. The Code Enforcement Officer or Superintendent of Public Works shall give proper notification to the property owner and an appropriate time limit for the owner to correct or cause to be corrected the settling or subsidence. If the property owner fails to correct within the specified time limit, the Village shall cause work to be completed and billed pursuant to § 145-7.
C. 
Indemnification. The applicant, in submitting the application, agrees to indemnify, hold harmless and defend the Village, its officers and employees from any and all claims for personal injury, including death or damage to property resulting from, relating to or arising out of the issuance of a permit to the applicant pursuant to this chapter or any actions or activities in relation thereto, by the applicant or others, excepting only such claims due solely to the fault or negligence of the Village, its officers and employees. No work shall be done by any person who does not have liability policies and worker's compensation in force, adequate to the needs of the Village. Said policy shall list the Village as a named insured. Such defense shall not be affected or diminished by insurance provided by the applicant.
D. 
Emergencies. In the event of an emergency wherein an applicant cannot contact the Code Enforcement Officer, Superintendent or their designee other than during regular business hours, an applicant may remedy the emergency situation and then file the necessary application for a permit and related documents with the Code Enforcement Officer the following business day. The existence of an emergency shall not relieve the applicant from following all of the proper excavation and construction practices.
E. 
Other notifications. The applicant must give proper notification as required by law prior to excavation.
No person shall erect or place or cause to be erected or placed any building or structure extending or projecting over any street, except an awning attached to such building or structure for the purpose of shade, provided that the same shall be at least seven feet above the sidewalk.
No person shall construct any new sidewalk or alter the grade of any existing sidewalk without the permission of the Superintendent of Public Works and only after a proper line and grade has been established by the Department of Public Works, which line and grade will be given once without cost to the owner of the property requesting same.
All lots or pits of land within this municipality on which are constructed or maintained any petroleum storage tanks or other storage tanks or plants for combustible liquids must be kept free from all combustible materials, including weeds and tall grass. Grass, if located on such lots or pits, must be mowed at frequent intervals so that the grass will not become a hazard.
[1]
Editor's Note: Former § 145-12, Trees, shrubs and plants, was repealed 10-5-1998 by L.L. No. 8-1998. See Ch. 161, Art. II.
[Amended 1-24-2000 by L.L. No. 1-2000]
A. 
No person shall, without permission in writing from the Superintendent of Public Works, put or place any snow, earth, stones or other material in any street, sluice, drain, culvert, gutter or other public place or otherwise obstruct the same.
B. 
No property owner shall allow snow, earth, stones or other material to be plowed, pushed or shoveled from any property, driveway or sidewalk onto or across any public street without the permission in writing from the Superintendent of Public Works.[1]
[1]
Editor's Note: Former § 44.29, Disposal of putrescible matter in streets and other places prohibited, which immediately followed this section, was deleted 10-18-1993 by L.L. No. 5-1993.
[Amended 5-5-1997 by L.L. No. 4-1997]
A. 
Winter coasting and sliding. No person shall coast or slide downhill or ice skate upon, into, over or across any street or sidewalk in this municipality except on such streets and during such hours as the Village Board may designate by resolution and only then after such street is properly blocked off and adequately policed.
B. 
Bicycle riding. No bicycle shall be ridden in this municipality except in accordance with Article 34 of the New York State Vehicle and Traffic Law. No person shall ride a bicycle on any sidewalk in this municipality except for children under the age of 11 years.
C. 
Skating.
(1) 
In-line skating, roller-skating, skateboarding and play vehicles.
(a) 
No persons except those capable of reasonable and sufficient control shall ride or propel in-line skates, rollerskates or skateboards (hereinafter collectively called skates) upon a public street, highway or sidewalk of this municipality except in a prudent and careful manner.
(b) 
No person shall ride or propel skates unless operated with reasonable regard for the safety of the operator and other persons and property on the streets, sidewalks and other areas of this municipality.
(c) 
No person shall ride or propel skates in a manner which shall impede or interfere with pedestrian or vehicular traffic.
(d) 
No person 14 years of age or older shall ride or propel skates or use any other play vehicle on the sidewalk or in any parking lot in the downtown business section of this municipality.
(e) 
All operations of skates shall adhere to the rules relating to bicycles as stated in Article 34 of the New York State Vehicle and Traffic Law except as to those provisions which by their nature have no application.
(f) 
Operators of skates emerging from an alley, driveway or building shall, upon approaching a sidewalk, yield the right-of-way to all pedestrians approaching said sidewalk.
(g) 
Operators of skates shall yield the right-of-way to pedestrians and shall give a reasonable audible signal before overtaking and passing such pedestrian.
(h) 
All operators of skates shall, during the hours of darkness, wear reflective clothing which shall be visible from a distance of not less than 50 feet and a maximum of 300 feet from the front, side and rear when directly in front of the lawful beams of a motor vehicle; or shall wear or display a red or flashing red light which can be seen from the same distances as stated above without any additional illumination. Reflective clothing shall be defined for this section as any shirt, vest or jacket or other apparel equipped with a reflective surface.
(i) 
All operators of skates are encouraged to wear protective equipment, including but not limited to helmets, wrist guards, kneepads and elbow pads.
(j) 
All persons under the age of 14 shall wear approved helmets as defined in Article 34 of the New York State Vehicle and Traffic Law and wrist guards commonly sold for in-line skating.
(k) 
Parents and guardians shall be responsible for children under their care and be subject to the penalties provided in this chapter.
(2) 
Nothing herein shall prohibit this municipality from designating an area or areas in the Village of Potsdam which may be primarily used by operators of skates, including the placement of equipment therefor, upon the request and approval of the Chief of Police.
D. 
Ballplaying. No person shall practice ballplaying or other open-field sports on the streets of this municipality or bat or throw stones or other substances in any of the streets or other public places of this municipality except parks and playgrounds provided for this purpose.
[Added 12-17-1990 by L.L. No. 11-1990]
A. 
Construction of new curbs. When the village deems that, in the interests of the general public, new curbs must be constructed or the repair of existing curbs is necessitated by the actions of the individual property owner or his agent, the Superintendent of Public Works or a person acting in that capacity, by written or printed notice, shall require the owner of any building, occupied lot or vacant lot within the limits of this municipality to construct said curb in accordance with accepted standards as determined by the Superintendent of Public Works or a person acting in that capacity.
B. 
The cost of such construction shall be shared by the owner and the village at the rate of 50% by the owner and 50% by the village, based on the unit price as determined by the village and set each year by resolution of the Village Board, except for tax-exempt entities, who will pay the full cost of such construction.
C. 
The owner has the option of doing the work, hiring a contractor or having the Village Department of Public Works personnel perform the work. The village shall share the verified expense; provided, however, that the village shall, in no event, pay any amount greater than 50% of the rate set by the village, except for tax-exempt entities, who will pay the full cost of such construction.
D. 
If the owner or agent shall fail to construct such curb within the time provided in the official notice, the Superintendent of Public Works or a person acting in that capacity shall cause the curb to be constructed, and the owner shall pay 50% of the expenses incurred, not to exceed 50% of the cost of the curb set by resolution of the Village Board of Trustees.
[Amended 10-18-1993 by L.L. No. 5-1993; 5-5-1997 by L.L. No. 4-1997]
A. 
The penalty for each and every violation of any of the provisions hereof, except § 145-14, shall be and hereby is fixed at a sum not to exceed $250 or imprisonment for a term not to exceed 15 days, or both. Each day that such violation is permitted to exist shall constitute a separate violation.
B. 
Violations of § 145-14.
(1) 
A violation of any provision of § 145-14 shall be and hereby is fixed at a sum not to exceed $50.
(2) 
Section 1238 of the New York State Vehicle and Traffic Law may be utilized when appropriate to determine the sentence for a violation of these provisions.