[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]
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:
(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.
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.
