[HISTORY: Adopted by the Town Board of the Town of Fishkill 10-4-1982 by L.L. No. 4-1982. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Sidewalk Local Law of the Town of Fishkill."
The Town Board may from time to time by resolution require the construction or repair of sidewalks or curbs along streets, roads, highways and parkways in the Town of Fishkill, as well as the construction of sidewalks along state highways within the Town of Fishkill, and the repair of sidewalks constructed by the state along state highways in the Town of Fishkill at the expense of the abutting owners or otherwise upon such notice and pursuant to the authority or requirements of § 130, Subdivision 4, and § 200-a of the Town Law of the State of New York, as amended.
No sidewalk, curb or gutter shall be constructed or permitted to be constructed or repaired along any street, road, highway or parkway in the Town of Fishkill unless such construction shall be of portland cement concrete or asphalt concrete and shall conform to the lines and grades furnished by the Town Engineer and shall be in conformity with all of the specifications and requirements hereinafter set forth.
All sidewalks, curbs, gutters or driveways constructed on any privately owned street, highway or parkway of a new development shall be subject to these regulations and comply in all respects with the regulations covering streets, the title of which is vested in the Town. Failure to comply with these regulations shall constitute sufficient cause for the Town to reject any preferred dedication of such streets.
No sidewalk, curb or gutter shall be constructed or repaired, or work thereon commenced, until the owner of the premises in front of which such sidewalk, curb or gutter is to be constructed or repaired or the authorized agent of the owner shall have obtained a permit therefor. Applications for such permits shall be made in writing to the Town Superintendent of Highways in such form as may be required by the Town Board. No permit shall be issued without the approval of the Town Engineer endorsed thereon, unless so directed by resolution of the Town Board. Such permit shall specify the lines or grades of such sidewalk, curb or gutter and such other direction as circumstances may require. The permit here required to be issued by the Town Superintendent of Highways shall be in addition to the permit required pursuant to regulations for street openings or obstructions.
Whenever the Town Board adopts an order or orders directing the abutting owners of the respective lots or parcels of land in front of which it is desired that sidewalks or curbs be built, relaid or repaired to construct the same in accordance with this chapter, the Town Board shall specify the place, manner and time within which such construction or repair shall be done, which time shall not be less than 48 hours.
The Town Clerk shall publish a notice thereof in a paper to be designated by the Town Board at least twice, the first publication of which shall be at least 15 days before the time specified before the completion of the work, and he shall serve a copy of such notice by registered mail upon the owner or owners, occupant or occupants of the land in front of which it is desired that such construction or repair shall be done.
Whenever a notice or notices referred to in § 131-6 hereof has been or have been served upon such owner or owners of the respective lots and parcels of land in front of which it is desired that sidewalks or curbs be built, relaid or repaired and such owner or owners, occupant or occupants shall not cause the construction or repair to be made to the sidewalk or curb as required by the notice, the Superintendent of Highways is hereby authorized and directed to cause the construction and repair to be made as required by the notice. The Superintendent of Highways is hereby authorized to perform such work or repair with his own forces, or cause a contract or contracts to be let therefor, and to pay therefor out of the funds to be appropriated by the Town Board for such purposes.
Whenever the owner or owners, occupant or occupants shall build, relay or repair the sidewalk or curb called for by said notice, he shall obtain a permit therefor as provided in § 131-5 hereof. If the location where the construction or repair is to be made shall be upon a state highway, where the sidewalks or curbs have been constructed by the state, the permit shall be obtained from the Highway Division of the State Department of Public Works in accordance with the rules and regulations of that Department. The Superintendent of Highways may require such bonds or deposits and issue such permit subject to such terms and conditions as he may consider necessary for the protection of Town property.
Whenever such construction and repair is made by contract let therefor under the provisions of § 131-7 hereof, the provisions of this chapter in respect to obtaining a permit and the powers of the Superintendent of Highways on the issuance of a permit shall apply to the contractor for such work.
The Town shall be reimbursed for the cost of building, relaying or repairing any sidewalk or curb, when made as provided in § 131-7 hereof, by the owner or owners of the respective lots and parcels of land in front of which such construction or repair was made, by assessment upon and collection from the lots or parcels of land termed benefited by such construction or repair, so much of the actual and complete cost upon and from each such lot or lots as shall be in just proportion to the amount of benefit which the improvements shall confer upon the same and collected in the same manner and at the same time as other ad valorem Town charges.
Every owner or occupant of any house or other building, and every owner or person entitled to possession of any vacant lot, and any person having charge of any church or any public building in the Town of Fishkill shall, during the winter season or during the time snow shall continue on the ground, keep the sidewalk in front of such lot or house free from obstruction by snow or ice and icy conditions, and shall at all times keep such sidewalk in good and safe repair and maintain the same clean, free from filth, dirt, weeds or other obstructions or encumbrances.
No person, firm, association or corporation who is the owner, occupant or lessee of any premises abutting on any street, road, highway or parkway in the unincorporated area of the Town of Fishkill, Dutchess County, New York, shall place, keep, permit or suffer to be placed or kept on any sidewalk in front of, adjoining or adjacent to such premises any goods, wares, merchandise, boxes, barrels, display signs or material things of any kind or description, or in any manner obstruct any such sidewalk, or in any manner obstruct or interfere with the use of any such sidewalk, but nothing contained in this chapter shall prevent persons from placing goods, wares, merchandise or household furniture on the sidewalk temporarily while loading or unloading the same, provided that it is done without unnecessary delay, and provided that such goods, wares or merchandise are not allowed or permitted to remain on such sidewalk within the prohibited area for a longer period than one hour.
In addition to other remedies provided by law, each violation of the provisions of this chapter shall subject the owner, general agent, contractor, tenant, occupant or any other person in charge of the property abutting upon the sidewalk or curbing where any violation has been committed to a fine or penalty of not more than $25 for each such offense, and the violation shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person.