[Adopted 2-1-1966 as part of Art. 7-1 of the 1966 Dobbs
Ferry Village Code]
As used in this chapter, the following terms
shall have the meanings indicated:
The boundaries of the street, whether marked by curbstone
or not so marked.
A temporary doorway tent area attached to an entrance that
encroaches on a public sidewalk, which is public through dedication
or easement, or a public right-of-way. Draft lobbies are enclosures
typically made of plastic or vinyl sidings and are intended to prewarm
air and prevent cold air entering directly into the establishment.
[Added 2-10-2009 by L.L. No. 1-2009]
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way.
No merchant or purveyor of foods or other goods shall permit
wheeled carts or other conveyance provided by him for the convenience
of patrons to remain on public streets and sidewalks while not in
use. Every such vehicle left on a public street or sidewalk shall
be considered an obstacle to traffic and a hazard to pedestrians and
may, without notice, be seized by the Department of Public Works,
subject thereafter to restitution to its owner upon payment of reasonable
charges for transportation and storage as adopted by resolution of
the Board of Trustees.
[Added 7-7-1998 by L.L. No. 5-1998]
That part of the public highway between the curbs and the
adjacent property lines intended for the use of pedestrians.
An outdoor dining area that is located on a public sidewalk,
which is public through dedication or easement, or a public right-of-way,
and is otherwise unenclosed by fixed walls and open to the air, except
that it may have umbrellas; and that contains readily removable tables,
chairs, planters and/or railings; provides waiter or waitress service
and is associated with an adjacent restaurant serving hot or cold
food prepared on site.
[Added 7-7-1998 by L.L. No. 5-1998]
That part of the public highway intended for vehicular traffic.
Every vehicle operated or driven upon a public highway by
any power other than muscular power.
[1]
Editor's Note: The provisions of this section
were derived from Art. 1-1 of the 1966 Dobbs Ferry Village Code.
A.
No person, firm or corporation shall place or cause
to be placed any obstruction or encumbrance of any kind upon any public
street, sidewalk or area in the Village.
B.
This restriction shall not apply to building materials
and/or equipment for such period, not exceeding two hours, as may
be requisite for their transfer between a vehicle and a plot abutting
on the street, provided such materials and/or equipment are placed
close to the curbline in front of the plot from or to which same are
being transferred so as to leave a clear passageway on the sidewalk
as well as an unoccupied distance of 12 feet of the street as measured
from said materials and/or equipment to the side of any vehicle parked,
standing or stopped on the opposite side of the street, and further
provided that, while remaining on the public street, sidewalk or area,
said materials and/or equipment shall be continuously attended by
a responsible person and properly guarded against the collision of
vehicles or persons therewith.
C.
In special cases, the Building Inspector may grant
permission to use a portion of a public street, sidewalk or area for
the storage of building materials or other things or for the protection
of pedestrians, but only under appropriate restrictions and guaranties,
having regard to the convenience and safety of the public and the
liability of the Village in the event of accident occurring from such
use. For every permit issued hereunder, there shall be paid to the
Village Clerk the fee as set from time to time by the Board of Trustees.
If permission is granted to install scaffolding on sidewalks, a fee
as set by the Board shall be charged for a thirty-day period, and
if such permit is renewed, at the discretion of the Building Inspector,
an additional fee shall be charged for each additional thirty-day
period.[1]
[Amended 10-2-1984 by L.L. No. 6-1984]
D.
Every encumbrance on a public street, sidewalk or
area which is permitted under this section shall be continuously marked
by an appropriate red signal or signals which shall be continuously
visible, day and night, from a distance of 200 feet in every direction.
E.
No poles for electric or other wires shall be erected
on any public street, sidewalk or public ground, and no wires or other
lines, ropes or conductors shall be strung under, over, upon or in
public streets or grounds, except by permission granted by the Board
of Trustees.
F.
No persons shall repair or cause to be repaired any
motor vehicle on any public street or sidewalk or in any other public
place owned or leased by the Village of Dobbs Ferry.
[Added 2-9-1967]
A.
No person, firm or corporation shall cause anything to encroach upon or project into or over any public street, sidewalk or area except pursuant to the provisions of Chapter 300 of this Code, entitled "Zoning and Land Use," or Article IV, Draft Lobbies, of this chapter.
[Amended 2-10-2009 by L.L. No. 1-2009]
B.
No person, firm or corporation shall hang or place
any goods, wares or merchandise upon any awning, awning frame, shed,
signs or fixtures projecting into or over any public street, sidewalk
or area.
C.
Blowing of steam into, upon or over any public street,
sidewalk or area in the Village is prohibited.
D.
The owners, leaseholders and builders of buildings
adjacent to public streets, sidewalks and areas are hereby required
to prevent the falling of snow, ice, water or other things from such
buildings upon said streets, sidewalks or areas.
E.
It shall be unlawful for any person to deposit snow
or ice, or to cause snow or ice to be deposited, in or upon any street,
sidewalk or public parking area. This prohibition shall not apply
to snow or ice removal operations conducted by or under the direction
of the Department of Public Works, nor shall it apply to the removal
of snow or ice which has accumulated naturally upon the exterior surfaces
of motor vehicles while lawfully parked in any street or public parking
area, nor shall it apply to the removal of snow or ice already lying
in any street or public parking area to the extent necessary to permit
the movement of a vehicle lawfully parked.
[Added 2-21-1984 by L.L. No. 2-1984]
F.
Regulations concerning the use and operation of sidewalk
cafes shall be established by resolution set from time to time by
the Board of Trustees.
[Added 7-7-1998 by L.L. No. 5-1998]
G.
Regulations concerning the removal of shopping carts
from public streets and sidewalks are established by resolution adopted
by the Board of Trustees.
[Added 7-7-1998 by L.L. No. 5-1998]
[Amended 6-21-1983 by L.L. No. 12-1983]
A.
Every owner of vacant property and every owner, occupant
or leaseholder of occupied property is hereby required to keep the
sidewalk area, whether paved or unpaved, adjoining said property free
of all accumulation of trash, rubbish, weeds, leaves and other obstructions
and to maintain the sidewalk area, whether paved or unpaved, adjoining
said property in a safe and litter-free condition.
B.
All paved sidewalks in commercial and industrial districts,
as shown on the Zoning Map of the Village of Dobbs Ferry and duly
adopted pursuant to the provisions of this Code, shall be cleared
of snow and ice by 9:00 a.m. and 4:00 p.m. each day, whether or not
snow is still falling; all paved sidewalks in other districts shall
be cleared of snow within 12 hours of the cessation of snow falling.
Ice remaining on a sidewalk after it has been cleared or forming thereafter
shall, if not easily removable, be kept covered with clean ashes,
sand or the like so as to be safe for pedestrians. The Village Administrator
may notify the owners of property adjoining sidewalks requiring snow
and/or ice clearing that, if the sidewalk is not cleared within 24
hours of the date of said notice, the Village will effect such removal
and charge said owners the cost thereof.
[Amended 9-28-2004 by L.L. No. 4-2004]
C.
The Board of Trustees may notify the owners of property
adjoining sidewalks in need of repair, maintenance or clearing of
obstructions that, unless such repairs, maintenance or clearing of
obstructions are performed in accordance with Village specifications
within a period of 10 days from the date of said notice, the Village
will effect such repairs and charge said owners the cost thereof.
D.
In the event that personal injury or property damage
shall result from the failure of any owner or occupant of any property
to comply with the provisions of this section, the owner and the occupant
of any property shall be liable to all persons injured or whose property
is damaged directly or indirectly thereby, and shall be liable to
the Village of Dobbs Ferry to the extent that said Village is required
by law or by any court to respond in damages to any injured party.
[Added 7-7-1998 by L.L. No. 5-1998]
No person, firm or corporation shall make or
cause to be made any excavation adjacent to any public street, sidewalk
or area so as to endanger the same.[1]
[Amended 12-1-1987 by L.L. No. 29-1987]
Nothing in this article shall be construed to
apply to vehicles lawfully using the public streets, nor to excavations
lawfully made in a street, nor to the deposit of garbage, rubbish
or ashes at the curb for collection by the Village pursuant to the
provisions of this Code.
