[HISTORY: Adopted by the Board of Trustees
of the Village of Ballston Spa 5-25-1943 as Sections 8 through 19, 21 through
29, 32 through 34, 45, 48, 49 and 53 of the Ordinances of the Village
of Ballston Spa. Amendments noted where applicable.]
[Amended 10-25-1999 by L.L. No. 8-1999]
Sidewalks not less than four feet in width and
of cement, slate, brick, bluestone or similar substance shall be constructed
on both sides of the street in said Village. Such sidewalks and all
repairs to the same shall be made by the owners or occupants of the
premises adjoining such walks under the supervision of the Street
Superintendent and of such material as the Committee on Streets shall
direct after receiving notice from such Superintendent and within
the time prescribed by the Board of Trustees, and, in case such owner
or owners shall thereafter neglect so to do, the Street Superintendent
shall construct or repair such walks, and the expense thereof may
be collected by said Village against such owner or occupant in the
manner prescribed by law.
[Amended 9-13-1949; 5-13-1968; 10-25-1983 by L.L. No. 3-1983; 10-12-1998 by L.L. No. 2-1998; 11-10-2003 by L.L. No. 2-2003; 8-27-2007]
Whenever sidewalks are constructed on the streets
of said Village with the consent of the Village Clerk, of approved
material and of the width and cost provided by law, the owner or occupant
of the premises adjoining such walk who shall have constructed the
same will be paid, with approval of the Board of Trustees, the sum
of $2.50 for each square foot of such walk and the sum of $2.50 for
each linear foot of curbing. Receipts and bills of items of the cost
thereof must accompany all claims for such payment.
It shall be unlawful for any person to encumber
the sidewalks, streets, alleys or lanes of the Village of Ballston
Spa with casks, boxes or other articles or to pile or store on any
sidewalk, street, alley or lane any casks, boxes or other articles.
It shall not be lawful for the owner or occupant of any premises in
the Village of Ballston Spa to erect or permit to be placed in or
upon the street or sidewalk in front of or on any side of such premises
any sign, pole, stepping block, boot-black stand, bicycle rack or
canopy nor shall anyone be permitted to carry on any business or trade
upon any sidewalk in said Village or shall any sign or advertisement
be inserted in or placed on the surface of any sidewalk or highway.[1]
[1]
Editor's Note: The former unnumbered paragraph
dealing with penalties, which immediately followed this section, was
deleted 5-13-1996 by L.L. No. 1-1996.
No person or persons shall hereafter erect or
cause to be erected any building or other fixture or place any encumbrance
in or upon or which shall project into or over the line of any public
square, street or alley within this Village without first securing
permission from the Board of Trustees.[1]
[1]
Editor's Note: The former unnumbered paragraph
dealing with penalties, which immediately followed this section, was
deleted 5-13-1996 by L.L. No. 1-1996.
[Amended 5-13-1996 by L.L. No. 1-1996; 7-26-2004 by L.L. No.
2-2004]
A.
It shall be unlawful for any owner of any house or
building in the Village of Ballston Spa to permit the sidewalks or
gutters in front of the premises owned by him to become in any manner
obstructed by the accumulation of snow, ice and dirt thereon, and
such owner shall remove the snow or ice from such sidewalk for the
whole width thereof and from the gutters for the space of 20 inches
from the curbline within eight hours after any fall of snow which
shall cease in the daytime and before 12:00 noon of the day following
any such fall of snow and before such fall of snow shall obtain the
depth of 12 inches, or sooner should a hazardous condition be created
and, in case the snow and ice becomes so congealed that the same cannot
be removed without injury to the pavement, to cause such snow and
ice to be sprinkled with fine ashes or sand and also at all other
times to keep such sidewalks free and clear from all dirt, filth or
other obstructions and encumbrances in order to allow and permit all
persons to have the free and uninterrupted use of the same.
B.
Notice to remedy; removal by Village; costs.
(1)
In the event of a complaint received for the failure of the owner to comply with Subsection A hereof, the Mayor or his designee shall direct that a notice be delivered to the occupant of the premises that includes a copy of this section of the Village Code and notice that the condition must be remedied within 24 hours. Should the owner fail to comply, the Village shall then have the authority to perform the work and charge the owner four times the actual cost to the Village. In the event that the notice is not able, for whatever reason, to be delivered to the occupant, the Village is authorized to affix a copy of said notice to the premises. The affixation of the notice to the premises shall have the same effect as if served to the occupant.
(2)
In the event it is necessary for the Village to perform
the work, the owner will be provided with a summary of cost and the
amount due within 14 days. The owner shall then have 30 days to make
payment. In the event that the owner does not remit payment to the
Village, the Village is hereby authorized to make said amount a lien
against the property and collect the amount due as an assessment against
the property in a like manner as collection of taxes.
C.
In the event that the owner of the adjoining premises
fails to comply with the provisions of this section and, by reason
of such failure, injuries to persons and damage to property result,
then in such event such owner shall be liable for such injuries or
damages.
Any person shall not obstruct, keep or use any
part of any street, walk, lane, public square or other public ground
or any gutter, sewer, drain brook, watercourse or public reservoir
in any manner or for any other purpose than is authorized by law or
by the Code of the Village of Ballston Spa.[1]
[1]
Editor's Note: The former unnumbered paragraph
dealing with penalties, which immediately followed this section, was
deleted 5-13-1996 by L.L. No. 1-1996.
[Added 10-9-2006 by L.L. No. 4-2006]
A.
No dumpster shall be placed, located upon or obstruct
a sidewalk within the Village of Ballston Spa unless the owner of
the property demonstrates to the Building Inspector that there is
absolutely no alternative to the dumpster being placed, located upon
or obstructing the sidewalk.
B.
In the event that the Building Inspector makes the
determination that there is absolutely no alternative to the dumpster
being placed, located upon or obstructing the sidewalk, the owner
shall provide plans for a three-sided screen that is appropriate in
facade design and in size to obscure the view of the dumpster. Said
plans must be approved by the Building Inspector prior to construction.
C.
In the event that the owner of the property disagrees
with the determination of the Building Inspector, the owner may appeal
to the Planning Board for a determination of the disputed issues.
D.
Failure to comply shall be punishable by a fine of
$50 per day.
[Amended 5-13-1996 by L.L. No. 1-1996]
No person shall permit or cause any vehicle
to stand on any crosswalk in this Village for a longer time than necessary
for a person to alight therefrom or to get into such vehicle nor except
for such purpose.
A.
No person shall haul or transport or cause to be hauled
or transported over or upon any of the streets of this Village any
gravel, stone, sand, dirt, offal, manure, rubbish, shavings, sawdust,
lime or other substance in any wagon or other vehicle which is not
constructed so as to prevent the material with which it may be loaded
from dropping or sifting through upon said streets nor shall any person
move or cause to be moved any vehicle through or upon any of the streets
of the Village containing any of the materials above mentioned placed
thereon so that the same shall fall or blow from such vehicle upon
any of said streets.
B.
All garbage and similar refuse, carried through the
streets of the Village of Ballston Spa must be in airtight containers
and properly covered.[1]
[1]
Editor's Note: The former unnumbered paragraph
dealing with penalties, which immediately followed this section, was
deleted 5-13-1996 by L.L. No. 1-1996.
No person shall deposit or cause to be deposited
any dirt, ashes, grass, leaves, brush or other substance upon any
of the streets, sidewalks, gutters, highways, alleys or banks of streams
in said Village unless the same shall be done for the improvement
of such streets under the direction of the Street Superintendent.[1]
[1]
Editor's Note: The former unnumbered paragraph
dealing with penalties, which immediately followed this section, was
deleted 5-13-1996 by L.L. No. 1-1996.
[Amended 5-13-1996 by L.L. No. 1-1996]
No person shall throw or deposit in or upon
any street or public place of the Village of Ballston Spa or in or
upon any place from whence the same shall be carried by the wind to
or upon such street or public place any paper or other substance easily
blown about by the wind.[1]
[1]
Editor's Note: Former sections 19, 21 and
22 of the Ordinances of the Village of Ballston Spa entitled Foul
water, Cleaning sidewalks, and Cleaning sidewalks and gutters, respectively,
were deleted 5-13-1996 by L.L. No. 1-1996.
[Amended 5-13-1996 by L.L. No. 1-1996]
A.
Any person or persons engaged in the erection of any
building or structure or in excavating for any cellar, wall or sewer
or other excavation shall not occupy or use any portion of any street,
alley or public place of the Village of Ballston Spa with any building
material or other substance formed by such excavation without first
obtaining consent of the Building Inspector. No person or persons
shall thus occupy such street, alley or public place any longer than
is reasonable to construct such buildings or to make any such excavation
as mentioned aforesaid nor for any period longer than that permitted
by the Building Inspector. Such use of a street, alley or public place
shall be subject to such rules and regulations as the Building Inspector
shall prescribe. In every case where permission shall be granted as
aforesaid, the gutters along such street, alley or public place shall
be kept entirely free and clear of all obstruction.
B.
Any person or persons asking permission to use a street,
alley or public place of the Village of Ballston Spa for the purpose
herein above set forth shall, if required by said Village, give a
bond in an amount commensurate with the actual costs and potential
costs of damages, which shall be determined by the Building Inspector,
to said Village to indemnify it against any damage, costs or expenses
that may arise from the use of such street, alley or public place
by such person or persons.
[Amended 9-12-2005 by L.L. No. 1-2005]
A.
EMERGENCY
EXCAVATION
HIGHWAY
VILLAGE
Definitions. As used in this section, the following
definitions shall have the meanings indicated:
Any condition which poses an imminent and serious threat
to life, safety or property.
Excavating, drilling, boring or the like.
All or any part of any street, right-of-way, roadway or highway
owned, controlled or maintained by the Village of Ballston Spa.
The land area located within the boundary of the Village
of Ballston Spa.
B.
Permit required, except for emergencies. A person,
firm or corporation, public service or water, light or power company,
except duly authorized Village officials or employees acting in their
official capacities on Village projects, shall not excavate, drill
or bore in any highway or sidewalk in the Village for any purpose
without first obtaining Village Board approval and obtaining a permit
from the Village Clerk as hereinafter provided except in the case
of an emergency as herein defined.
C.
Issuance of permit; bond; insurance.
(1)
Upon a written application filed with the Village
Clerk stating the purpose, extent, location, date and duration and
nature of a proposed excavation or other disturbance of a highway
or sidewalk in the Village, the Village Board may grant or deny a
permit therefor. Except in an emergency, or where an excavation or
disturbance shall be directly authorized by law, the Village Board
may require the applicant to deposit a sum of money, which shall be
deemed by the Mayor and/or the Department of Public Works' Trustee
Commissioner as adequate to pay any and all expenses to which the
Village may be put to replace the streets, highways, or sidewalks,
pavement, curb or gutter in proper condition, or in lieu thereof,
the applicant shall file with the Village Clerk a surety bond or the
equivalent in such amount as the Village deems adequate to pay said
expenses, upon the condition that the permittee replace the streets,
highways or sidewalk, pavement, curb or gutter in proper condition
or pay all of the expenses to which the Village may be put to replace
the streets, highways or sidewalk, pavement, curb or gutter or put
the same in proper condition upon the satisfactory completion of the
project. All costs associated with determining the amount of the surety
bond or the equivalent shall be charged to the permit applicant.
(2)
Such applicant shall take out and maintain during
the term of the permit and file with the Village Clerk a public insurance
policy insuring the Village of Ballston Spa, its agents, servants,
and/or employees in an amount not less than $1,000,000 for injuries,
including wrongful death, to any person, and subject to the same limit
for each person in an amount not less than $1,000,000 on account of
each occurrence, and a property damage insurance policy insuring the
Village of Ballston Spa and all employees thereof in an amount not
less than $1,000,000 on account of all occurrences. Such insurance
policies shall cover liability which may arise from operations under
the permit, whether such operations are by the permittee or any individual
employed either by the permittee or by the Village of Ballston Spa.
Such insurance policies shall be issued in the name of the Village
of Ballston Spa, its agents, servants and/or employees.
D.
Fees. Except as otherwise provided by law or where
permits as above are granted for work done at the direction of the
Village, each application for such permit shall be accompanied by
a fee of $150 for such excavation, to be paid to the Village. The
fee and permit herein required shall be in addition to permits required
for construction of any sidewalk, curb or driveway.
E.
Protection of property.
(1)
All permits granted for Village highway or sidewalk
excavations for any purpose shall be conditioned upon the adequate
protection, at the expense of the applicant, of the property of the
Village and of persons, corporations or municipalities engaged in
the underground distribution of gas, gasoline, fuel oil, and electricity
via lines or mains within the vicinity of the proposed excavation.
All excavations shall be backfilled properly upon completion and a
written notice thereof given to the Village Clerk. All backfilled
excavations shall be maintained for one year after such notice of
completion has been given. Such excavations must be made and restored
under the supervision of the Working Foreman of the Department of
Public Works or restored to specifications. The Village Board of Trustees
shall require that they be restored as nearly as is practicable to
their original condition before such excavation was made.
(2)
Routing of traffic. The permittee shall take appropriate
measures to assure that during the performance of the excavation work
traffic conditions as nearly normal as practicable shall be maintained
at all times so as to cause as little inconvenience as possible to
the occupants of the abutting property and to the general public,
and at no time shall a highway ever be closed to all traffic for any
period of time, unless deemed necessary by the Village. The following
steps shall be taken before any highway may be restricted to traffic:
(a)
The permittee must notify the Village Mayor
and the Working Foreman of the Department of Public Works;
(b)
The permittee must notify the applicable fire
company of any street so restricted; and
(c)
Where flagmen are deemed necessary by the Mayor,
they shall be furnished by the permittee at its own expense. Through
traffic shall be maintained without the aid of detours, if possible.
The permittee will be responsible for any unnecessary damage caused
to any highway by the operation of its equipment.
(3)
Noise and dust control; work hours.
(a)
In all cases the permittee shall endeavor in
good faith to take such reasonable precautions and follow such reasonable
work procedures as may be appropriate to control and abate as fully
as possible the creation of excessive noise and dust.
(b)
Except in cases where the permittee's excavation
is necessary to prevent an imminent danger to the public health and
safety or is immediately necessary to restore the uninterrupted flow
of public utility services, no such excavation shall be conducted
earlier than 7:00 a.m. or later than 7:00 p.m.[1]
[1]
Editor's Note: The former unnumbered paragraph
dealing with penalties, which immediately followed this subsection,
was deleted 5-13-1996 by L.L. No. 1-1996.
[Amended 9-12-2005 by L.L. No. 1-2005]
A.
If the person who makes such an excavation fails,
upon notice from the Department of Public Works' Working Foreman,
to restore it within a reasonable time to the satisfaction of the
Village Board, the Village shall perform the task at the expense of
the permittee and may reimburse itself from the bond or cash deposit
provided in lieu thereof. The balance, if any, of such deposit shall
be refunded to the depositor.
B.
Damage to public utilities and improvements. The person,
corporation, or entity to whom any permit is issued pursuant to this
chapter shall be responsible for all damages caused to public utilities
in the highway and shall replace any cracked or damaged sewer pipe
or water main with new pipe and repair or replace ditches, curbs,
sidewalks or other improvements so that they shall be in as good condition
after the excavation as before the excavation, under the supervision
of the Village.
C.
Responsibility of Village. The Village, by the issuance
of any such permit, assumes no responsibility for supervising the
work of any permittee or for the work actually performed by any permittee
and shall not be liable for the negligence of any such permittee.
D.
Action by Village; cancellation of permit.
(1)
In the event that an unsafe condition is created with
any work being performed pursuant to a permit issued hereunder, which
condition creates an immediate danger of personal injury or property
damage, the Village shall have the right to take whatever action is
necessary and perform such work as required to restore the same to
a proper and safe condition, and the cost thereof shall be charged
against the permittee and/or deducted from the deposit made by it
or paid by the surety, as the case may be.
(2)
In the event that a permittee fails to abide by the
specifications issued by the Village Board, the Village shall have
the right, after 24 hours' written notice to the permittee, if said
permittee has not made satisfactory arrangements, to correct the situation,
to cancel the permit or otherwise take whatever action is necessary
to remedy the permittee's noncompliance, and the cost thereof may
be charged against the permittee and deducted from the deposit made
by him/her or paid by the surety, as the case may be.
Any person making or causing to be made any
excavation within five feet of the line of any street shall erect
and maintain at all times substantial barriers at least four feet
in height between said street and the excavation and, between sunset
and sunrise, keep a lighted lantern, flares or other lighted device
placed upon said barriers so as to properly warn all persons of such
excavation.[1]
[1]
Editor's Note: The former unnumbered paragraph
dealing with penalties, which immediately followed this section, was
deleted 5-13-1996 by L.L. No. 1-1996.
No person shall dig into or across the sidewalk
in front of the premises owned or occupied by him/her or in front
of any other premises or shall cause the same to be done until the
owner or occupant thereof shall have obtained the permission of the
Street Superintendent, in writing, which permission shall state the
purpose for which said digging is to be done, and such person, after
such digging, shall put the sidewalk and gutter in as good condition
as they were in before and shall maintain the same for six months
thereafter in such good condition and to the satisfaction of the Street
Superintendent.[1]
[1]
Editor's Note: The former unnumbered paragraph
dealing with penalties, which immediately followed this section, was
deleted 5-13-1996 by L.L. No. 1-1996.
Any person making or causing to be made an excavation
in any street shall, between sunset and sunrise on every night that
the same remains open, keep the same fenced and a lighted lantern
or lanterns, flares or other lighted device placed so as to properly
warn all persons of such excavations.
A.
No person shall place or cause to be placed in any
street materials for building or any other purposes without a permit
to do so, in writing, from the Mayor or Board of Trustees.
B.
No permit shall be for a longer period than one month
nor shall it authorize the obstruction of more than 1/3 of the sidewalk
or more than six feet in width of the roadway adjoining the lot upon
which such materials are to be used or the placing of such materials
nearer than four feet to any street railway track.
C.
In special and peculiar cases, the Board of Trustees
may, upon proper application and proof of necessity and upon conditions
to be prescribed by it, grant special permits for a limited time.
D.
Any person receiving such permit shall cause proper
barriers and guards to be erected around such materials sufficient
to secure public safety. All materials and rubbish arising therefrom
shall be removed from the street upon the expiration of the term of
said permit or upon revocation thereof.
E.
Any permit may be revoked at any time by said Mayor
or by the Board of Trustees.[1]
[1]
Editor's Note: The former unnumbered paragraph
dealing with penalties and Sections 32, 33, 34, 45 and 48 of the Ordinances
of the Village of Ballston Spa, dealing with cellarways and stairways,
interference with barriers, grade of the streets, animals on sidewalks,
and sliding and ball playing, respectively, which immediately followed
this section, were deleted 5-13-1996 by L.L. No. 1-1996.
A.
All persons are forbidden to ride a motorcycle, bicycle,
tricycle or similar vehicle on any of the public sidewalks of the
Village of Ballston Spa.
B.
Every person riding a motorcycle, bicycle, tricycle
or similar vehicle between one hour after sunset and one hour before
sunrise shall have attached thereto or carried therewith a light to
be plainly seen 200 feet ahead, and every person riding a motorcycle,
bicycle, tricycle or similar vehicle shall give an alarm by bell,
whistle or otherwise which may be heard 100 feet distant when about
to meet or pass pedestrians or other vehicles. All persons riding
motorcycles, bicycles, tricycles or similar vehicles are forbidden
to coast or proceed by inertia or momentum with the feet off the pedals
or to carry children under five years of age upon bicycles. All cyclists
shall observe such rules of the road as are established by the Highway
Law.
C.
The provisions of Subsection A hereof shall not apply to children under 10 years of age or to persons who cannot walk by reason of being invalids or disabled.[1]
[1]
Editor's Note: The former unnumbered paragraph
dealing with penalties and Section 53 of the Ordinances of the Village
of Ballston Spa dealing with leaving horses or automobiles upon streets,
which immediately followed this subsection, were deleted 5-13-1996
by L.L. No. 1-1996.
[Added 6-26-1945]
A.
Whenever curbs are constructed on the streets of said
Village with the consent of the Board of Trustees of material approved
by the Board, the following specifications shall apply:
(2)
Concrete. Class-A concrete shall be used, with the
back of the curb vertical, the face of the curb battered, and curbs
shall be built in sections as in sidewalk construction by using steel
dividing plates at intervals of not more than five feet, with a one-half-inch
expansion joint every 50 feet.
(3)
Curbing. Standard curbing shall be set with six-inch
exposure and 18 inches buried; other than standard dimension, curbing
shall be set in accordance with specifications for specific cases.
B.
The owner or occupant of the premises adjoining such
curb who shall have constructed the same will be paid by the Board
of Trustees from the Street Fund of the current year the sum of $1.75
for each linear foot of such curbing and $2.25 for each square foot
of replacement sidewalks. Such payment will be allowed only on curbs
constructed after July 1, 1983, and all said curbs must be approved
by the Street Commissioner, and bills of items of the cost thereof
must accompany all claims for such payment. The Board of Trustees
may from time to time amend said rates by resolution.
[Amended 9-13-1949; 5-13-1969; 10-25-1983 by L.L. No. 3-1983; 11-10-2003 by L.L. No. 2-2003]
[Added 8-11-1970]
A.
All sidewalks and curbing within said Village shall
be kept and maintained in a safe and proper manner by the property
owners adjacent to all such sidewalks and curbing.
B.
Whenever any said sidewalk or curbing shall, in the
opinion of the Mayor and the Board of Trustees, be deemed by them
to be unsafe or in a state of disrepair, the Mayor and the Board of
Trustees shall so notify said adjacent landowner and direct said landowner
to replace or repair any such sidewalk or curbing.
C.
Upon the failure of any adjacent landowner to replace or repair a defective or unsafe sidewalk and/or curbing within 30 days of receipt of written notice pursuant to Subsection B aforesaid, the Village of Ballston Spa shall replace or repair any such sidewalk and/or curbing, and the cost thereof shall be added to the next succeeding Village tax bill, and the same shall be a charge upon and lien upon said adjacent real property.
[Added 7-14-1990 by L.L. No. 1970]
A.
No civil action shall be brought or maintained against
the Village of Ballston Spa for damages or injuries to person or property
sustained in consequence of any street, highway, bridge, culvert,
sidewalk of 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 theretofore actually been given
to the Board of Trustees of the Village of Ballston Spa and there
had 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.
B.
Nothing herein contained, however, shall be held to
revive any claim or cause of action now barred by an existing requirement
or statute of limitations nor to waive any existing limitation now
applicable to any claim or cause of action against the Village of
Ballston Spa.
[Added 5-13-1996 by L.L. No. 1-1996]
Any person violating any provision of this chapter
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both.
