City of Geneva, NY
Ontario County
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Table of Contents
Table of Contents
[Adopted 7-3-1968 as Ch. 44, Arts. I and VI, of the 1968 Code]
No person shall injure any pavement, sidewalk, crosswalk or sewer, or dig any area, sewer or other excavation in any public street, nor remove any earth or stone therefrom within the city without permission in writing from the Department of Public Works, and under such conditions as said Department may impose, and the Department of Public Works may order any sewer or excavation constructed contrary to the provisions of this section to be filled up or altered at the expense of the owner.
Whenever any public street within said city is in process of construction or repair, it shall be the duty of the person performing the work to place and maintain such sufficient guards about said construction as to secure public safety until said street is ready for public use, and at all times during the night to keep lighted lamps, not more than 20 feet apart, upon said guards so as to give warning to all persons of such construction; and no person shall ride or drive any vehicle or animal upon any such street until the same is completed and opened to the public use.
No person shall hinder or obstruct the construction or repair of any pavement, sidewalk or crosswalk, sewer or other public improvement within said city which shall be done under or by permission of the City of Geneva, nor hinder or obstruct any person employed by the Department of Public Works in cleaning any public street or place.
No person shall place any materials for building or any other purpose upon any public street within said city without permission in writing from the Director of Public Works. Such permission shall not be for a longer period than three months, nor shall it authorize the obstruction of more than 1/3 of the sidewalk, nor more than 1/2 of the paved or improved portion of the street. Any person to whom permission is granted as aforesaid shall cause all said materials to be enclosed within such sufficient guards as to secure public safety, and at all times during the night shall keep and maintain adequate safeguards and warning devices upon said grounds in such a manner as to give warning to all persons of the presence of said materials. All such building materials and all rubbish arising therefrom shall be removed from any public street at the expiration of the time limited in the above-mentioned permission or upon the revocation of said permission. Any such permission may be revoked without notice by said Department of Public Works at any time.
Any person who shall dig any cellar or other excavation adjacent to and within four feet of the line of any public street within said city shall erect such sufficient barriers between said street and excavation as to secure public safety, and at all times during the night shall keep adequate warning devices upon said barriers in such a manner as to give warning of such excavation; and, if within 24 hours after notice from the Director of Public Works to place such barriers and warning devices be not complied with, then said Director may cause such barriers and warning devices to be placed at the expense of the person so in default.
No unauthorized person shall remove or interfere in any way with any such warning devices or any barriers erected for public safety, or any monument placed to locate the line of any public street, sidewalk or public improvement within said city.
[Amended by Ord. No. 80-23, eff. 9-3-1980; 3-21-1983 by Ord. No. 83-9; 12-2-1987 by Ord. No. 87-36; 10-6-1993 by Ord. No. 16-93; 5-1-2013 by Ord. No. 3-2013; 10-2-2013 by Ord. No. 5-2013; 7-1-2015 by Ord. No. 6-2015; 9-4-2019 by Ord. No. 5-2019]
A. 
Removal of ice and snow from sidewalks.
(1) 
Duty of property owner and occupant: Every owner or occupant of any building or owner of any vacant lot within said City that abuts upon or is adjacent to a public street shall keep the sidewalk in the front, side or rear of such building or vacant lot free from ice and snow.
(2) 
Time limit. Snow and ice shall be removed within 24 hours after the end of a snowfall. In addition, sidewalks in front of commercial establishments and commercial parking lots shall be kept free of snow and ice at all times between the hours of 9:00 a.m. and 5:00 p.m.
(3) 
Severe icing. In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in Subsection A(1), be strewn and kept strewn with ashes, sand, or other suitable material, so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in this section.
(4) 
Removal by City. Whenever the owner or occupant of a parcel of real estate adjoining a public sidewalk fails to remove the snow and ice from such sidewalk adjoining such property within the time specified in this section, the Director of Public Works, shall cause said snow or ice to be removed from such sidewalk by city staff or a private contractor of the City's choice and notify the City Comptroller of the expense incurred in the form of City labor, and equipment, materials used as well as administrative overhead of 50% or the rate paid to the private contractor plus administrative overhead of 50%.
(5) 
Collection of costs for removal by City. The City Comptroller shall promptly present to the owner or occupant of each parcel a bill for the removal of snow and ice as certified by the Director of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property added to their tax bill and become a lien thereon, collectible in the same manner as delinquent City taxes.
(6) 
Placing of ice and snow on another's property or city street. No person, firm, corporation, property owner or occupant shall remove ice or snow from any parcel of real estate and place it upon another parcel of real estate or upon a city street without the express permission of the owner of the parcel of real estate upon which the ice or snow is to be placed.
B. 
Removal of grass, weeds, rubbish or other obstructions.
(1) 
Duty of property owner and occupant. It shall be the duty of the owner and occupant, jointly, of every parcel of real estate adjoining a public sidewalk, whether the parcel of real estate is occupied by a structure or not, to keep such sidewalks adjoining such property free from grass, weeds, rubbish or other obstructions for the full paved width of such sidewalk.
(2) 
Time limit. Grass, weeds, rubbish or other obstructions shall be removed no later than the seventh calendar day after date of notice from the City.
(3) 
Removal by City. Whenever the owner or occupant of a parcel of real estate adjoining a public sidewalk fails to remove grass, weeds, rubbish or other obstructions from such sidewalk adjoining such property within the time specified in this section, the Director of Public Works, shall cause said grass, weeds, rubbish or other obstructions to be removed from such sidewalk by City staff or a private contractor of the City's choice and notify the City Comptroller of the expense incurred in the form of City labor, and equipment, materials used as well as administrative overhead of 50% or the rate paid to the private contractor plus administrative overhead of 50%.
(4) 
Collection of costs for removal by City. The City Comptroller shall promptly present to the owner or occupant of each parcel a bill for the removal of grass, weeds, rubbish or other obstructions as certified by the Director of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property added to their tax bill and become a lien thereon, collectible in the same manner as delinquent City taxes.
(5) 
Placing grass, weeds, rubbish or other obstructions on another's property or City street. No person, firm, corporation, property owner or occupant shall remove grass, weeds, rubbish or other obstructions from any parcel of real estate and place it upon another parcel of real estate or upon a City street without the express permission of the owner of the parcel of real estate upon which the grass, weeds, rubbish or other obstructions is to be placed.
C. 
Sidewalk materials; repairing sidewalks.
(1) 
Duty of property owner and occupant. It shall be the duty of the owner and occupant, jointly, of every parcel of real estate adjoining a public sidewalk, whether the parcel of real estate is occupied by a structure or not, at all times to keep said sidewalk in a good state of repair.
(2) 
All sidewalks in the City of Geneva should be 4,000 pound concrete and reinforced wire mesh in driveway areas. Property owners or their agent shall obtain a sidewalk permit from the Engineering Department that outlines all construction material and details.
(3) 
Sidewalks extending through driveway areas shall be concrete. Asphalt, stone or other driveway materials shall not be placed over concrete. All existing driveways that do not have concrete sidewalks extending through them shall be exempt until such time as a new driveway is installed and such installation requires removal of subsurface materials.
(4) 
Property owners with existing sidewalks constructed of historic materials may make application to the Historic Districts Commission to replace or repair said sidewalks with a like material. On issuing a finding that the referenced sidewalk is constructed of historic materials, the Historic Districts Commission shall make a recommendation to the Director of Public Works to permit a like-for-like replacement utilizing original, or near original materials, provided that the owner can demonstrate that said materials meet all local, state, and federal access standards for disabled users.
D. 
Prior to engaging in any marketing of property for sale, whether by realtor through a multiple listing service, for sale by owner, or any other means of sale or other transfer, the property owner shall notify the Department of Public Works who will schedule an inspection of sidewalks abutting the property. The Department shall issue an inspection report to the property owner citing immediate dangers and any other deficiencies in abutting sidewalks.
(1) 
Any deficiencies that are considered a danger to the public via tripping hazards or other public safety concerns shall be repaired within 60 days. Such repairs not completed shall be subject to the repair process in Subsection A above.
(2) 
All other deficiencies must be completed prior to sale of the property. If repairs are not executed as directed by the Director of Public Works, the City shall address necessary repairs; the cost of which plus an administrative fee of 50% will be billed to the property owner.
E. 
In addition to the above provisions, any violation of this section by any property owner, agent or contractor may also be punishable as provided in § 1-17 of Chapter 1, entitled "General Provisions," of this Code, and shall subject the violator to the issuance of an appearance ticket and a mandatory, minimum fine of $25.
[Amended 6-17-1997 by Ord. No. 97-4; 5-5-2004 by Ord. No. 3-2004; 9-4-2019 by Ord. No. 5-2019]
A. 
Outdoor dining shall be permitted on any sidewalk within the Business Improvement District between April 1 and November 15 of each year. Said activity shall allow a minimum of six feet for unencumbered pedestrian use. Prior to utilizing said sidewalk for the above permitted use, application for an annual permit must be obtained from the Director of Public Works after submission of a plan to scale showing design, color scheme and layout of outdoor activities to be used and the months, days and hours of planned operation. Items of personal property placed on the sidewalk shall not be permanently attached.
(1) 
If alcohol is to be served outdoors, the establishment must comply with all applicable New York State Alcohol Beverage Control Law.
(2) 
All plans will also be subject to the review and approval of a Design Review Team (DRT) of the City of Geneva which shall consist of the City Engineer, Director of Planning and Development and Director of the Business Improvement District.
(3) 
The proprietor of the sidewalk operation must be the owner of the abutting business, and the sidewalk operation must be limited to the area directly in front of the business and limited to a like operation of the business. When the business owner is not the property owner, permission of the property owner shall be obtained by the business owner.
(4) 
The applicant must furnish to the city a hold-harmless agreement indemnifying the city against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of the operation of the sidewalk enterprise or for injury to person or property occurring on the premises occupied by the applicant.
(5) 
The area encompassed within a sidewalk operation authorized pursuant to this article shall be considered duly licensed for sale and consumption of alcoholic beverages and shall not be subject to § 69-4 of the Code of the City of Geneva, provided that the applicant has a state liquor license that will allow or can be amended to allow him/her to serve alcoholic beverages in the confines of a sidewalk operation.
(6) 
The proprietor of the sidewalk operation must also provide a receptacle for trash deposits and separate receptacle for smoking products.
(7) 
The Director of Public Works reserves the right to revoke outdoor dining permits at any time.
B. 
All other streets and sidewalks within the city shall be kept clear and unobstructed for the use of the public for a space of at least six feet, measuring from the outside of the walk. No person shall place or suffer to remain any barrel, crate, article or other obstruction, so as to obstruct the free passage of the public, except while actually engaged in loading and unloading goods.
No trap door or grate in any of the sidewalks within said city shall be kept open at any time except during the receiving and delivering of goods, and during such time the same shall be surrounded by such sufficient barriers as to secure public safety.
Cloth awnings may be constructed in front of any store or building within said city, to project over the sidewalk not to exceed 10 feet, provided that such awnings be supported by a metal framework securely attached to said buildings in such a manner as to be at all times safe and self-supporting, and provided that the metal framework of such awnings shall be at least seven feet from the surface of the sidewalk, and provided also that every other part of such awnings shall be at least six feet and four inches from the surface of the sidewalk. Every owner or occupant of any building within said city shall at all times keep the awnings in front of such building free from snow, ice, dirt or other obstructions. No person shall suspend from any awning over any sidewalk merchandise or article of any kind. No wooden awnings shall be permitted.[1]
[1]
Editor's Note: Former § 44-11, entitled "Signs and banners," was repealed by Ord. No. 74-20, eff. 7-3-1974. See Ch. 350, Zoning, for regulations for signs and banners. Former § 44-12, entitled "Fence gates," was repealed 7-3-1974 by Ord. No. 74-18.
No person shall scatter ashes, wastepaper, handbills or circulars, or rubbish or other materials in any public street or place within said city, except by permission in writing from the Director of Public Works. No person shall carry or transport water or ice mixed with salt or containing salt on any paved street in the city except in a watertight container which prevents dripping on the pavement.
No person shall carry or transport in any vehicle of any type any ashes, wastepapers, cans, materials of liquid consistency or any rubbish in or upon any streets, avenues or highways of the city unless covered with a properly secured fireproof canvas or in covered containers.
[Amended 9-3-1986 by Ord. No. 86-6]
A. 
No person shall drive any vehicle or lead, ride or drive any animal, except a leashed dog, along or upon any sidewalk intended for the use of pedestrians, nor drive any vehicle or lead, drive or ride any animal, except a leashed dog, along or upon any sidepath constructed and intended for the use of bicycles within the city, except that baby carriages, invalids' chairs and children's toys may be propelled on sidewalks and except as permitted by Vehicle and Traffic Law § 1225-a.
[Amended 2-4-1987 by Ord. No. 87-3, eff. 7-1-1987]
B. 
No person shall park any vehicle so it protrudes over any sidewalk.
C. 
Display and sale of retail goods shall be permitted on any sidewalk within the Business Improvement District between the dates of April 1 and October 31. Said activities shall allow a minimum of six feet for unencumbered pedestrian use. Prior to utilizing said sidewalk for the above permitted purpose, approval must be obtained from the Director of Public Works after submission of a plan to scale showing design and layout of outdoor activities to be used and the months, days and hours of planned operation. Items of personal property placed on the sidewalk shall not be permanently attached.
[Added 11-18-1997 by Ord. No. 97-11; amended 5-5-2004 by Ord. No. 2-2004]
[Added 9-3-1986 by Ord. No. 86-6; amended 2-4-1987 by Ord. No. 87-3; 10-21-1987 by Ord. No. 87-33; 4-6-1988 by Ord. No. 88-3; 10-18-2000 by Ord. No. 7-2000]
A. 
Legislative intent. It is the purpose of this section to alleviate the limited number of parking spaces available in the City of Geneva, to maintain the aesthetic appearance of neighborhood residential areas and to protect the public health, safety and welfare.
B. 
Parking between curb and sidewalk or in the front yard area.
(1) 
Permit required.
(a) 
No person shall make, maintain or use any space for parking between the sidewalk and the curb or curbline or in the front yard area of any property in any residential district in the City of Geneva that is zoned AR, R1, R2 or MR as established in Chapter 350, Zoning, of this Municipal Code, unless a permit is obtained and is in effect.
(b) 
The Director of Public Works will grant permits for the following reasons only:
[1] 
The property owner established a need for the parking space through hardship such as age or physical handicap.
[2] 
The property owner established a need for the parking space because of the unavailability of alternate or off-street parking.
(c) 
Parking in circular driveways through the front yard area is permitted unless the Director of Public Works or his designee determines the aesthetics of the residential area is compromised by such action.
C. 
Parking in B-1 District. Notwithstanding any other provisions of this Municipal Code, where there is no adequate room for off-street parking in the B-1 District as established in Chapter 350, Zoning, of this Municipal Code, a permit may be granted subject to all other provisions of this section for the installation of parking areas for vehicles between the sidewalk and the curb or curbline in front of the premises in such number as may be appropriate, provided that there is a minimum of 18 feet between the sidewalk and the curb or curbline and further provided that the character of the neighborhood will not be adversely affected thereby.
D. 
Application for permit. Any person desiring to provide for a parking space as provided in Subsection B or C above of this section shall apply to the Director of Public Works for a permit and shall provide the following information:
(1) 
The applicant is the owner of the premises immediately adjacent to the proposed parking space.
(2) 
That there is no driveway, separate or joint, that may be legally or practically used for the parking of vehicles for two or more vehicles for the subject premises.
(3) 
That there is a minimum space of 18 feet between the curb and sidewalk.
(4) 
A sketch plan of the proposed parking space.
(5) 
That the applicant will comply with all applicable laws and ordinances of the City of Geneva and made and maintain all necessary improvements as set forth in this article and as may be reasonably required.
E. 
Procedure for issuance of permit.
(1) 
Upon filing an application for a permit, the applicant shall pay a nonrefundable fee of $25.
(2) 
The Director of Public Works shall review the application and the proposed location of the parking space.
(3) 
The Director of Public Works shall inspect the proposed parking space and consider its relationship to adjacent properties, the neighborhood, the topography, the location of and effect upon existing facilities such as utility poles, trees, fire hydrants and underground utilities and the sight clearance for any intersecting streets in the area.
(4) 
The Director of Public Works may require any changes that may in his or her opinion be necessary to conform to the purposes of this section.
(5) 
If in the opinion of the Director of Public Works the proposed use meets all the requirements of this section, he or she may grant a permit; otherwise he or she shall deny such application.
F. 
Restrictions on permits and use.
(1) 
The use of the residential (AR, R1, R2 or MR) parking areas shall be restricted for use in conjunction with residential purposes only. The use of such parking area for business, commercial or industrial purposes is prohibited.
(2) 
The minimum length of the parking area shall be 18 feet.
(3) 
The minimum width shall be 10 feet and the maximum width shall be 12 feet for one vehicle and a maximum for two vehicles shall be 22 feet.
(4) 
All vehicles shall be parked perpendicular to the street right-of-way.
(5) 
No more than two parking spaces shall be permitted under this section for any parcel as set forth on the Tax Maps of the City of Geneva.
(6) 
No more than one vehicle or motorcycle shall be parked in each parking space at any one time.
(7) 
No vehicle shall be parked so that any portion of the vehicle overhangs the curb or curbline or the sidewalk adjacent thereto.
(8) 
The parking of any boat, trailer or similar object in the parking space is prohibited.
(9) 
Except as above provided, no vehicle, motorcycle, boat, trailer or similar object shall be parked in any residential district, as above enumerated, between the sidewalk and curb or in this front yard area in the City of Geneva.
G. 
Required improvements.
(1) 
Any parking space permitted under this section shall be appropriately covered with a minimum of four inches of asphalt on a six-inch stone subbase and maintained and kept in a good state of repair at all times.
(2) 
No parking space shall be used until the required improvements are made.
H. 
Compliance with other regulations. Nothing contained in this section shall be construed to waive any other requirements of this Municipal Code, or any state laws, rules or regulations, and in particular the securing of a permit from the Department of Public Works for performing any work in the public streets.
I. 
Terms of permit; revocation.
(1) 
Any permit issued under this section shall be permanent.
(2) 
Since the use of a public street by the public is paramount to any private use by any individual, any permit issued hereunder is subject to revocation at any time with cause or in the best interest of the public health, safety or welfare.
(3) 
Upon the termination of a permit under this section, the owner of the property shall restore within a time period set by the Director of Public Works, the parking area by removal of any improvements and properly filling in same and seeding with grass. In case of failure to restore the premises by the owner, the city may restore the premises and shall charge the cost thereof to the property owner; and in case of failure to pay same, the costs thereof, upon certification by the Director of Public Works, shall be assessed, levied, collected and enforced in the same manner and at the same time as provided by law for the collection and enforcement of city taxes.
J. 
Enforcement.
(1) 
The Director of Public Works, any parking attendant as well as any police officer may issue a parking ticket for any violation of this section and may authorize any vehicle parked in violation of this section to be towed away.
(2) 
The Director of Public Works, any parking attendant as well as any police officer shall also be empowered, in addition to the issuance of a parking ticket, to issue an appearance ticket for any violation of this section pursuant to Criminal Procedure Law § 150.20 and Municipal Home Rule Law § 10, and may authorize any vehicle parked in violation of this section to be towed away.
K. 
Penalty. Any person who shall violate any provision of this section shall be punished by a fine of $25 for a first offense, $50 for a second offense and $100 for each further violation. Each day that a violation continues shall be deemed a separate violation.
No person or assemblage of persons shall occupy any sidewalk, bridge or entrance to any church or public hall within said city in such manner as to obstruct the free passage of the public.
No building or part thereof shall be moved upon or along any public street or place within the city without permission in writing from the Director of Public Works, which consent shall specify the course of removal and may require an undertaking first to be given, signed by the applicant and one responsible surety approved by said Director and the City Manager, conditioned that the applicant will, in all respects, comply with the terms and conditions of such permit and indemnify the city against any damage or loss occasioned by reason of such removal.
The construction of any building, projection or addition to any structure or building over, into or upon any of the streets or sidewalks within the said city is hereby prohibited.
If the owner of any building within the city shall omit to cause said building to be numbered or renumbered according to the engineer's map now on file after 10 days notice from the Department of Public Works, the Department of Public Works shall number or renumber such building at the owner's expense which shall be a lien upon the property.
[Amended by Ord. No. 72-12, eff. 7-5-1972]
Any violation of either this article or chapter, as the case may be, shall be punishable as provided in § 1-17 of Chapter 1, entitled "General Provisions," of this Code.