[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 7-24-1984 by L.L. No. 23-1984. Amendments noted
where applicable.]
A.
Every owner, lessee, tenant, occupant or other person
having charge or control of any building or lot of land abutting upon
any street or public place where the sidewalk is flagged, concreted
or otherwise paved or laid shall, within 24 hours after the snow ceases
to fall, remove the snow and ice from such sidewalk so as to provide
a continuous passageway. In case the snow and ice on the sidewalk
shall be frozen so hard that it cannot be removed without injury to
the pavement, the owner, lessee, tenant, occupant or other person
hereby charged with the duty to remove the same shall, within the
time specified above, cause the sidewalk to be strewn with ashes,
sand and/or some other abrasive substance and thereafter, as the weather
shall permit, shall thoroughly clean said sidewalk.
B.
No person shall deposit snow on any public street
or highway.
A.
Every owner, tenant, occupant or person legally in
possession of real property in the Village of Rye Brook shall maintain
such property in the manner provided herein and shall maintain the
public property located between the property line and the curb or
edge of the street or highway in the same condition as the property
of which he or she is legally in possession. Such private and public
property shall be maintained as follows:
[Amended 12-15-1992 by L.L. No. 2-1992; 5-8-2007 by L.L. No. 8-2007; 5-24-2011 by L.L. No. 3-2011]
(1)
The grass, hedges, vines, shrubs and brush reasonably
cut or trimmed and the trimmings or clippings and any leaves or other
debris removed therefrom.
(2)
All poisonous weeds or growth and other noxious weeds
eradicated.
(3)
All rubbish, litter, leaves, twigs, branches, cuttings
or other unsightly or objectionable materials which are or might tend
to become health, safety or fire hazards removed from such land. This
subsection is not intended to prevent mulching and composting of materials
originating on the property as long as such activities are not carried
out in an objectionable, unsightly or unsafe manner.
B.
In the event that such owner or other aforementioned
person fails or refuses to comply herewith, the Board of Trustees
shall cause to be served upon him by mail a written notice requiring
such owner to comply with such provisions. If such owner fails, neglects
or refuses to comply within five days after service of such notice,
the Director of Public Works shall cause the violation to be corrected.
In any such case, such owner shall pay to the Village all costs in
connection with such correction within 30 days after the completion
thereof. Upon the failure of such owner to pay such costs, the Director
of Public Works shall certify such costs to the Assessors of the Village,
and thereupon such costs shall become and be a lien upon the land
involved and shall be added to and become a part of the taxes next
to be assessed and levied upon such land and shall bear interest at
the same rate as, and be collected and enforced in the same manner
as, taxes. The provisions of this section with respect to costs shall
be in addition to any penalty imposed by this Code for violation or
noncompliance with any provision of this chapter.
[Amended 12-15-1992 by L.L. No. 2-1992; 10-27-2009 by L.L. No. 12-2009]
A.
No owner,
tenant, occupant or person legally in possession of real property
in the Village of Rye Brook shall permit or allow any grass, hedge
clippings, leaves, branches, logs, long living vines, shrubs or other
similar materials, rubbish, litter, refuse, garbage, cinders, bottles,
broken glassware, waste, building or discarded construction materials
or other debris of any kind whatsoever to be dumped or deposited on
any lands in his ownership or his possession or subject to his control,
nor on any other private lands; nor may any person dump or deposit
any such material on public land without permission of the Superintendent
of Public Works, the Village Administrator or the Board of Trustees.
B.
No owner,
tenant, occupant or person shall direct or cause to be directed, stormwater,
groundwater or water from any other source from one property onto
another or onto a public right-of-way in a manner that results in
a hazard or nuisance.
[Amended 12-15-1992 by L.L. No. 2-1992; 2-9-1994 by L.L. No. 2-1994; 8-25-2009 by L.L. No. 9-2009]
No person in the Village of Rye Brook may park, store or keep or allow to be parked, stored or kept upon any real property in any residential district any dumpster, commercial landscaping equipment, commercial construction equipment, construction material or construction debris, except as provided in Chapter 250, Zoning, or during a reasonable period of time that the construction project requires. The determination of what constitutes a reasonable period of time shall be in the sole discretion of the Building Inspector or his or her designee. In the event the Building Inspector or his or her designee determines, in his or her sole discretion, that any of the aforementioned objects are no longer required for the construction project, such objects shall be removed within five business days of such determination. Dumpsters shall be emptied within five business days after reaching full capacity, as determined by the Building Inspector or his or her designee, in his or her sole discretion.
[Added 2-9-1994 by L.L. No. 2-1994[1]]
A.
Prohibition. There shall be no off-street parking
or storage in any residential district of any of the following:
(1)
Vehicles with commercial plates.
(2)
Any vehicle displaying a commercial message or business
advertisement visible from the outside of the vehicle.
(3)
Vehicles with visible tools or equipment.
[Amended 7-14-2020 by L.L. No. 6-2020]
(4)
Vehicles with a gross vehicle weight (G.V.W.R.) in
excess of 9,000 pounds.
B.
Exceptions. The restrictions of Subsection A of this section shall not apply to:
(1)
Any vehicle with a G.V.W.R. less than 9,000 pounds, a height of less than eight feet and a length of 22 feet or less, provided that said vehicle displays no commercial message, tools or equipment visible from outside the vehicle. However, no more than one livery vehicle shall be permitted per site. Notwithstanding the foregoing, the restrictions of Subsection A of this section shall not apply to vehicles with a G.V.W.R. less than 9, 000 pounds. a height of less than eight feet and a length of 22 feet or less with bed, cab, or frame mounted mechanical snow removal/treatment equipment, including a snowplow, salter/sander, brine spreader, or any other such mechanical equipment, mounted to the outside of the vehicle between November 15 and April 15, where such equipment is used solely for the purpose of snow removal or treatment of roadways, driveways, parking lots or other such surfaces to mitigate the effects of snow and ice.
[Amended 6-28-2005 by L.L. No. 10-2005; 7-14-2020 by L.L. No. 6-2020]
(2)
Not more than one vehicle described in Subsection B(1), but displaying a commercial message or having tools or equipment visible from the outside, so long as such vehicle is garaged in a fully enclosed structure.
(3)
Vehicles making deliveries, service calls or rendering
emergency services to or at a residence while the operator is engaged
in such activity on the premises.
[Added 2-9-1994 by L.L. No. 2-1994]
A.
BOAT
RECREATIONAL VEHICLE
Definitions. As used in this section, the following
terms shall have the following meanings:
Any vessel or craft designed or used to transport person(s)
or cargo on the surface of the water. The term shall include a sailboat,
motorboat and rowboat.
Any portable structure which can be towed, hauled or driven
and which is primarily designed as temporary living accommodation
for recreational, camping and travel use, including but not limited
to travel trailers, truck campers, camping trailers and self-propelled
motor homes.
B.
Prohibition. The storage or parking or use of a recreational
vehicle, boat or trailer by any person or persons, except as hereinafter
provided, is hereby prohibited in each and all of the residential
districts of the Village.
C.
Exceptions.
(1)
Such recreational vehicle, boat or trailer may be
stored or parked in a residential district if for the personal recreational
use of the occupant and then only as follows:
(a)
Within an enclosed building or garage;
(b)
In the rear or side yard of a lot so long as
said recreational vehicle, boat or trailer is entirely situated at
a distance equal to or greater than the minimum yard setback requirements
for a principal building in the district and a minimum of five feet
from the principal building; or
(c)
In the rear or side yard of a lot at a distance
less than the minimum yard setback requirement, provided that the
recreational vehicle, boat or trailer is fully screened, not greater
than 15 feet in height and no closer than five feet from the adjoining
property line.
(2)
A recreational vehicle may be stored or parked on
a lot or parcel of property in a residential district without regard
to the above for the sole and express purpose of loading and unloading.
D.
Habitation of recreational vehicle. No stored or parked
recreation vehicle, boat or trailer, as defined herein, shall be occupied
for or used for human habitation.
E.
Temporary permit. A temporary permit for the placing
and use of a trailer on a lot may be issued by the Building Inspector
in connection with any construction for which a building permit has
been issued. Such permit shall be for a period of not more than six
months, but may be renewed at the discretion of the Building Inspector
if work on said construction is not completed but is progressing diligently.
[Added 2-9-1994 by L.L. No. 2-1994]
A.
JUNKED MOTOR VEHICLES
Definitions. As used in this section, the following
terms shall have the following meanings:
Any motor vehicle that is wrecked, discarded, dismantled
or partially dismantled, or which is in such condition that it cannot
be legally operated upon the public highway, or does not have valid
proof of vehicle inspection affixed to the windshield, or valid license
plates affixed to the vehicle, or valid registration with the applicable
State Department of Motor Vehicles.
[Amended 4-12-2016 by L.L. No. 1-2016]
B.
Prohibition against storage of junked motor vehicles
on private property. It shall be unlawful for any person, firm or
corporation either as owner, occupant, lessee, agent, tenant or otherwise
of property within the Village of Rye Brook to store or deposit or
cause or permit to be stored or deposited a junked motor vehicle or
part or piece thereof on any private property within the Village of
Rye Brook, unless:
(1)
Such motor vehicle is stored or deposited in a completely
enclosed building; or
(2)
If not stored or deposited in a completely enclosed
building, one such motor vehicle may be under repair, reconstruction
or refurbishing by the owner or owners thereof who must actually be
residing on the premises on which such motor vehicle is situated.
Such motor vehicle must be so maintained and protected as not to create
any safety hazard or nuisance to surrounding property owners and shall
be covered along with its parts when such motor vehicle is not actually
being repaired; or
The posting of any advertisement, election poster,
campaign material, notice or bill within the limits of any street
or highway or upon any public property within the Village of Rye Brook
without the consent of the Board of Trustees is hereby prohibited,
provided that this section shall not apply to the posting of any notice
which is required by law to be posted. Any member of the Department
of Public Works or Police Department shall be empowered to remove
any such bill, poster, election poster, campaign material or advertisement
covered by this chapter, and the Board of Trustees shall be authorized
to charge the violator with the cost of removing the same in addition
to the fine imposed for the violation of this chapter.[1]
[1]
Editor's Note: Original Section 6, which immediately
followed this section and provided for penalties for offenses, was
deleted 12-15-1992 by L.L. No. 2-1992.
[Added 12-15-1992 by L.L. No. 2-1992]
Every owner, tenant, occupant or person legally
in possession of real property in the Village of Rye Brook, which
property is adjacent to a sidewalk or sidewalk area, either public
or private, shall maintain said sidewalk or sidewalks in good repair
and shall perform whatever repairs are necessary to cure any defects
or deficiencies in said sidewalk or sidewalk areas.
[Added 5-24-2011 by L.L.
No. 3-2011]
A.
It shall
be unlawful for any person to place graffiti, as defined herein, upon
any buildings, fences, walls or other structures in the Village of
Rye Brook.
B.
It shall
also be unlawful for any owner, tenant, occupant or person legally
in possession of real property within the Village of Rye Brook to
maintain or permit or allow any graffiti to be placed upon or remain
upon any building, fence, wall, door, window or other structure located
on such real property when the graffiti is visible from the street
or other public or private property. Where graffiti has been placed
upon any of the structures referenced above, the owner, tenant, occupant
or person legally in possession of such real property shall be responsible
for immediately removing the graffiti.
C.
For the
purposes of this section, graffiti shall be defined as the spraying
of paint or making of paint, ink, chalk, dye or other similar substances
on all buildings, fences, walls, signs or other similar structures
without proper legal permission or authority.
[Added 7-12-2016 by L.L.
No. 3-2016]
All fences, landscape walls and retaining walls shall be maintained
by the property owner in a structurally sound manner and in good repair
at all times.