Village of Rye Brook, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 11-13-2007 by L.L. No. 17-2007;[1] amended in its entirety 4-28-2009 by L.L. No. 4-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Erosion and sediment control — See Ch. 118.
Parks — See Ch. 170.
Screening and buffering facilities — See Ch. 200.
Subdivision of land — See Ch. 219.
[1]
Editor's Note: This local law also repealed former Ch. 235, Trees, adopted 10-24-1989 by L.L. No. 5-1989, as amended.
A. 
The Village of Rye Brook has a vital interest in the planting and preservation of trees within its borders. Trees provide necessary shade, green space and aesthetic appeal, impede soil erosion, aid water absorption and provide other environmental benefits and generally enhance the quality of life within the Village. They control water pollution, purify the air and generate oxygen, aid in mitigating noise and reduce energy consumption by providing shade. Trees increase the beauty and value of all properties in the Village of Rye Brook and provide benefit to wildlife and the ecosystem. The destruction and removal of trees causes increased costs to the Village for drainage control, impairs the value of both improved and unimproved real property, and has deleterious effects on the health and general welfare of the citizens of Rye Brook. This chapter, therefore, establishes standards for the protection of these valuable specimens, and further spells out a workable method of determining under which circumstances a tree may reasonably be removed.
B. 
Indiscriminate and uncontrolled destruction of trees, including but not limited to clear cutting, deprives the community of all these benefits. The purpose of this chapter is to preserve trees and minimize damage and removal, thereby enhancing the health, property values, safety and general welfare of the habitants of the Village of Rye Brook.
As used in this chapter, the following terms shall have the meanings indicated:
ACTUAL OR ONGOING EMERGENCY CONDITION
A condition in which severe weather, storms, natural or nonnatural causes severely affect the integrity of a tree and such condition poses an immediate threat to life, property or the general public.[1]
APPLICANT
Any individual, partnership, corporation, municipality or other entity, together with employees, officers, directors, agents, independent contractors or any lessee or contract-vendee of a parcel of property, who or which owns any real property or portion of real property within the jurisdiction of the Village who has submitted an application for a permit to remove a tree on its property.
APPROVING AUTHORITY
The Village Engineer, and his or her designee, shall be the Approving Authority for tree removal permits, except the Board of Trustees shall be the Approving Authority for a Significant Tree.
CERTIFIED ARBORIST
A professional, holding certification regulated and maintained with the International Society of Arboriculture (ISA), who manages and maintains trees (generally in an urban environment). This includes planting, pruning, structural support, the treatment of disease, insect, or abiotic disorders, lightning protection, and tree removal.
CLEAR CUTTING
Any removal of 30% or more trees that are each 10 inches or more in DBH (diameter at breast height) over any five-year period as determined on the basis of trees requiring a tree removal permit on said property.
[Amended 10-14-2014 by L.L. No. 8-2014]
DBH (DIAMETER AT BREAST HEIGHT)
The diameter or caliper of a tree measured at a point 4 1/2 feet above ground level at the base of the tree on the uphill side.
DESIGNATED TREE
Any tree as defined in this chapter which has a DBH of eight or more inches.
DRIP LINE
An imaginary, roughly circular line extending from the maximum spread of the limbs of a tree to the ground.
INJURY
Any act that may cause a tree to die within a three-year period from the date of the act, including, but not limited to, severing or removing soils, soil compaction and storage of materials or equipment around the base of the tree and within the drip line, stripping of bark, setting fires on or near a tree, severe pruning, applying chemicals, or changing the ground level within the drip line.
PRUNING
A method of cutting off leaves or branches within limits in order to remove dead or diseased foliage or branches. Pruning is also used to control or direct growth, increase quality or yield of flowers or fruit and to ensure growth position of main branches to enhance structural strength.
ROOT FLARE
The base of trunk that swells out to become buttress roots entering the soil; root collar usually at or near ground level.
SHRUB
A low-growing woody plant that is naturally smaller than a tree and produces multiple stems instead of a single trunk. Shrubs are either evergreen or deciduous.
SIGNIFICANT TREE
A tree with a DBH of 30 inches or more.
STREET TREES
Trees within the Village-owned right-of-way adjacent to a roadway.
TREE
A deciduous or coniferous plant with an erect perennial trunk and a definitely formed crown of foliage.
[Amended 10-14-2014 by L.L. No. 8-2014]
TREE CANOPY
The uppermost layer of vegetation in woodland, or the upper foliage and branches of an individual tree.
TREE PRESERVATION MAP
A plan of the property in question indicating the location, species, DBH and condition of all trees six inches DBH or greater and detailing the methods and practices to be used to provide protection from injury during construction for all trees to be preserved. The plan shall clearly identify all trees as being removed and to remain.
TREE REMOVAL PERMIT
A written authorization to remove a tree(s) pursuant to this chapter.
TREE TOPPING
The severe cutting back of limbs larger than three inches in diameter within the tree’s crown to stubs, to such a degree so as to remove the normal canopy and disfigure the tree.
[1]
Editor's Note: The former definition of "Advisory Council on Environmental Conservation," which immediately followed, was repealed 2-24-2015 by L.L. No. 6-2015.
A. 
The spacing of street trees will be in accordance with the following size classes unless otherwise directed by the Approving Authority, and the preferred distances between trees are: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by the Engineering Department.
(1) 
Small trees are defined as having an ultimate height equal to or greater than 13 feet but less than 30 feet.
(2) 
Medium trees are defined as having an ultimate height equal to or greater than 31 feet but less than 52 feet.
(3) 
Large trees are defined as having an ultimate height equal to or greater than 52 feet.
B. 
The Approving Authority shall have primary responsibility for the selection, planting, care, maintenance, protection and removal of all trees on municipal properties.
The distance trees may be planted from curbs, curblines or sidewalks will be in accordance with the species size, and the final determination will be made by the Approving Authority.
No street tree shall generally be planted closer than 30 feet to any street corner, measured from the point of the nearest intersection curbs or curblines. No street tree shall be planted closer than 10 feet to any fire hydrant.
A. 
No street trees may be planted over or within three lateral feet (small or medium) or five lateral feet (large) of any underground water line, sewer line, transmission line or other utility.
B. 
Where street trees are to be planted under utility lines, selections shall be made of a species compatible to be planted under power lines and other utilities. Such species of tree shall not have a mature height exceeding 30 feet.
No private person, municipal employee or contractor, or employee of a private firm shall purposefully, carelessly or negligently kill, cut, break, injure, trim, change the grade of or otherwise destroy or mortally damage any tree in any public place within the Village without first obtaining a Tree Removal Permit from the Approving Authority.
[Amended 10-14-2014 by L.L. No. 8-2014]
On private improved properties:
A. 
No person or firm shall, without a Tree Removal Permit, purposefully, carelessly or negligently cut down or otherwise destroy any tree which has a DBH of 10 inches or greater.
B. 
No person or firm shall purposefully, carelessly or negligently cause petrochemicals, herbicides or other toxic substances to penetrate into the soil in or about a tree's root system so as to effectively kill any tree which has a DBH of 10 inches or more.
C. 
No person or firm shall, without a Tree Removal Permit and approved preventative measures, undertake construction, alteration, addition, demolition, grading or drive heavy machinery within 25 feet of any tree which has a DBH of 10 inches or greater. Approved preventative measures shall be to the satisfaction of the Approving Authority.
D. 
Utility trenching within the drip lines of any tree shall be prohibited. Utilities that cannot be routed otherwise shall be tunneled at least two inches to four inches, or as recommended per ISA standards, below the surface to avoid cutting through tree roots.
E. 
No person or firm shall purposefully, carelessly or negligently clear cut, improperly prune, or cause injury to any tree which has a DBH of 10 inches or greater.
On private unimproved or developing properties:
A. 
No person or firm shall, without a Tree Removal Permit, purposefully, carelessly or negligently cut down or otherwise destroy any tree which has a DBH of 10 inches or greater.
[Amended 10-14-2014 by L.L. No. 8-2014]
B. 
All Applicants for subdivision, site plan review, land clearing, major landscaping or other development requiring tree removal shall be required to submit a tree preservation map. Refer to the Appendix at the end of this chapter for minimum guidelines.
C. 
Under this chapter, all Applicants shall be held responsible for any actions of their contractors or subcontractors, who shall be made familiar with this chapter and with the guidelines located in the Appendix at the end of this chapter.
D. 
Utility trenching within the drip lines of any tree shall be prohibited. Utilities that cannot be routed otherwise shall be tunneled at least two inches to four inches, or as recommended per ISA standards, below the surface to avoid cutting through tree roots.
E. 
No person or firm shall purposely, carelessly or negligently clear cut, improperly prune, or cause injury to any tree which has a DBH of 10 inches or greater.
[Added 10-14-2014 by L.L. No. 8-2014]
A. 
Every owner, tenant, occupant and leaseholder of any tree or shrub on private property overhanging any right-of-way within the Village shall prune the branches so that such branches shall not obstruct the light from any street lamp, interfere with utilities or obstruct the view of any street intersection or any traffic control device and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public.
B. 
All such work shall be supervised and performed by a licensed and insured tree removal contractor.
C. 
The Village of Rye Brook shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign or interferes with visibility at an intersection.
In the course of duties involving the service and repair of existing public utility company facilities, employees thereof hereby are authorized and permitted to prune, trim or alter trees within parameters of accepted horticultural practice, provided that said employees remove all debris resulting from such pruning and trimming of trees. If a utility company proposes to remove any tree, permission from the Approving Authority with proper permitting must be obtained.
It shall be unlawful to engage in the Topping of any street tree or other tree on public and private properties. Trees severely damaged by storms or other causes and trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Approving Authority.
A. 
The Approving Authority shall have primary responsibility for administering this chapter through the issuance, revocation or denial of tree permits and may consult with the Village Arborist at the Applicant's expense.
B. 
Application for a Tree Removal Permit shall be made to the Approving Authority on prescribed forms available in the Village office. All application materials shall be submitted in electronic file format acceptable to the Building Department in addition to at least one signed original application form and three paper copies of all plans and surveys, or such other format or amount as determined by the Building Department. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical infeasibility.
[Amended 10-28-2014 by L.L. No. 9-2014]
C. 
A Tree Removal Permit shall normally be issued or favored when the following conditions exist:
(1) 
The location of the tree(s) clearly endangers the health, safety and welfare of the general public, the property owner or the adjoining property owner closest to the tree(s).
(2) 
The location of the tree(s) prevents the property owner from undertaking a construction or alteration because the location of the tree(s) substantially interferes with a permitted use of the property and the construction or alteration cannot be reasonably adjusted to accommodate the tree(s).
(3) 
The location of the tree(s) prevents compliance with state, county or local standards for sightlines, driveways or intersections.
(4) 
The tree(s), due to death or advanced age, disease, blight, infestation, storm damage, accident or other condition, causes undue hardship for the property owner to maintain it (them).
D. 
A Tree Removal Permit should receive favorable consideration when one or more of the following conditions exist:
[Added 10-14-2014 by L.L. No. 8-2014[1]]
(1) 
The tree to be removed is an invasive species.
(2) 
The tree to be removed is within 10 feet of the residential dwelling, and the tree or structure is showing visible signs that the structural integrity of the tree or structure is being compromised by the existence of the tree to be removed.
(3) 
There have been no more than four Tree Removal Permits issued at the subject property in the past three years.
[1]
Editor's Note: This local law also redesignated former Subsections D and E as Subsections E and F, respectively.
E. 
Any Applicant who has been denied a Tree Removal Permit may appeal to the Village Board of Trustees. The appeal must be submitted, in writing, to the Village Board of Trustees within 30 days of the date of the decision of the Approval Authority.
F. 
A Tree Removal Permit may be revoked by the Approving Authority if it should be determined that the permitted work has exceeded the terms and/or scope of the tree permit. Revocation of a tree permit may be appealed in accordance with § 235-14.
G. 
The Mayor and Administrator shall have the authority to temporarily suspend or limit the Tree Removal Permit requirements for up to 30 days as a result of any natural emergency affecting large sections of the Village, including but not limited to a nor'easter, tropical storm, or hurricane. Any temporary suspension or limitation shall be made in writing and signed by both the Mayor and Administrator.
[Added 10-14-2014 by L.L. No. 8-2014]
The appeal procedure shall be as follows:
A. 
The Village Board of Trustees shall hear any appeal brought in accordance with § 235-13D within 45 days of the submission of the appeal.
B. 
The Village Board of Trustees, on reviewing an appeal, shall take into consideration the factors set forth in § 235-13C, as well as any evidence presented by the Applicant in support of the issuance of a Tree Removal Permit.
C. 
The Village Board of Trustees may retain a Certified Arborist, at the Applicant's expense, to perform a hazard tree evaluation of any tree which is the subject of an appeal. In the event the Village Board of Trustees determines to retain a Certified Arborist as set forth above, the Applicant shall make payment for the services for the Certified Arborist in an amount specified by the Village and paid within the earlier of three weeks of the date in which the decision was made to retain a Certified Arborist or prior to the date on which the appeal is to be heard by the Village Board of Trustees. Failure to comply with the requirement may prohibit continuation of the appeal from being processed.
D. 
Upon its evaluation of the factors set forth in § 235-13C, as well as any evidence presented by the Applicant, the Village Board of Trustees may grant the appeal and order the issuance of a Tree Removal Permit; grant the appeal with conditions and order the issuance of a Tree Removal Permit; or reaffirm the determination of the previous Approving Authority and deny the appeal. Failure to comply with the provisions or conditions of any determination by the Village Board of Trustees shall constitute a violation of this chapter.
E. 
All determinations and decisions of the Village Board of Trustees shall be by a majority vote of the total authorized voting power. Minutes of the meetings, together with copies of all determinations and decisions, shall be submitted to the Village Administrator/Clerk within a reasonable time after each meeting.
Any Tree Removal Permit issued pursuant to this chapter may be issued with conditions. Such conditions may be attached as the Approving Authority deems necessary to ensure compliance with the policies and provisions of this chapter. The Approving Authority may, as a condition of granting a Tree Removal Permit:
A. 
Require reasonable improvements, such as relocation of proposed foundation walls, driveways, surface and subsurface improvements or drainage systems, to preserve a specific tree or forest area.
B. 
Require such safeguards as appropriate to minimize the environmental impact of such removal operations.
C. 
Require the replanting of an equal or greater number of trees of the same or similar species as those removed, at the Approving Authority's discretion, based on the size and condition of the trees removed.
D. 
Prior to the issuance of a permit with conditions, the Approving Authority may request a bond or cash equivalent in the appropriate amount deemed necessary. Bond or cash equivalent will be returned to Applicant upon the satisfactory completion of work inspected to the satisfaction of the Approving Authority.
A Tree Removal Permit shall not be valid for more than 120 days after approval of an application for same by the Approving Authority, unless otherwise specified by the Approving Authority. All permits shall expire upon completion of the work and compliance with the conditions specified therein. Permits may be renewed by the Approving Authority upon application submitted at least 10 days before the expiration of the permit. Standards for issuance of renewals may be the same as for the issuance of original permits.
A. 
Any site for which an application has been submitted shall be subject to inspection upon notice to the property owner and Applicant at any reasonable time, including weekends and holidays, by the Approving Authority. The property owner and Applicant, by making application for a Tree Removal Permit, shall be deemed to have given consent to such inspection. The property owner and Applicant shall indemnify and hold the Village of Rye Brook harmless against any damage or injury that may be caused by or arise out of any entry onto the subject property in connection with the processing of the application, during tree removal or within four months after the completion of the work.
B. 
The Approving Authority may enter upon privately owned land for the purpose of inspecting trees located thereon in order to determine if any violation of § 235-8 or § 235-9 exists.
[Amended 7-13-2010 by L.L. No. 7-2010]
Removal of any tree shall require the following actions:
A. 
All persons granted a Tree Removal Permit shall be required to replant a native noninvasive two- to two-and-one-half-inch-caliper tree on said property.
(1) 
The number of replacement trees shall be as based on caliper removed as follows:
[Amended 10-14-2014 by L.L. No. 8-2014]
DBH of Tree Removed
(inches)
Replanting Requirement
Under 10
No replanting necessary
10 to 24
One 2-inch to 2 1/2-inch caliper tree
25 to 36
Two 2-inch to 2 1/2-inch caliper trees
37 to 48
Three 2-inch to 2 1/2-inch caliper trees
49 or greater
Four 2-inch to 2 1/2-inch caliper trees
(2) 
When restoration is determined by the Approving Authority to be impractical due to lack of proper planting space, a restoration fee may be imposed with funds deposited into the Village's Street Tree Fund. Such fee shall be in accordance with the License and Fee Schedule.[1]
[1]
Editor's Note: Said schedule is on file in the Village offices.
(3) 
Note: Ornamental trees or shrubs may not be substituted under the restoration requirement.
B. 
All restoration work shall be completed within six months of granting of a permit. An extension shall be granted by the Approving Authority between the months of November through February for an additional three months.
C. 
All restorative work shall be done in accordance with good and acceptable planting and tree surgery practice.
D. 
All trees that fail to survive as a result of the restoration work required under this section for a period of two calendar years following planting shall be replaced by the owner of the land. Said replacement shall be within 60 days following written demand from the Village for such replacement, or within an extended period of time as may be specified. Should the property owner fail to replace the trees pursuant to demand within the required period of time, the Village has the right to impose penalties as set forth in § 235-24 of this chapter.
E. 
All tree planting, tree dressing and associated restoration work must be substantially completed within six months from the date of issuance of the decision of the Approving Authority.
F. 
The tree trunk, limbs, stump and any roots remaining above grade shall be removed completely to a depth of six inches to eight inches below grade.
G. 
The disturbed area shall be backfilled, replanted and/or reseeded.
H. 
The Applicant shall remain responsible for the acts of his employees, contractors or subcontractors.
I. 
Tree removal and restoration shall conform to guidelines set forth in the Appendix at the end of this chapter and those promulgated by the Approving Authority, in consultation with the Village Planning Consultant.
J. 
Applicants shall be allowed to self-certify that all replanting requirements have been met by submitting a sworn affidavit that includes the name and address of the property, the date all plantings were completed, and the species, DBH, location, and photograph of each of the new plantings. Such self-certifying affidavit must be submitted to the Village within 30 days of the date of the last planting. Self-certification shall not preclude the Approving Authority from performing inspections at its discretion to confirm that all replanting requirements have been met.
[Added 10-14-2014 by L.L. No. 8-2014]
The following activities are permitted without a Tree Removal Permit:
A. 
Removal of any tree, including a Significant Tree, under an actual or ongoing emergency condition when such immediate tree removal is necessary for the protection and preservation of life or property and there is no time to wait for granting of a Tree Removal Permit. Within three days thereof, a detailed hazard tree report from a Certified Arborist and documented evidence, such as photographs, along with a completed tree removal application shall be submitted to the Village Engineer setting forth the nature and extent of the immediate threat.
A. 
Prior to the removal of any dead tree that has been found to be dead by a Certified Arborist using ISA-approved techniques, the Applicant shall submit a Tree Removal Permit application and a copy of the report from the Certified Arborist along with photographs of the dead tree(s).
[Amended 10-14-2014 by L.L. No. 8-2014]
B. 
The Approving Authority shall have the right to cause the removal of any dead or diseased trees on private property within the Village when such trees constitute a hazard to life and property or harbor insects or diseases which constitute a potential threat to other trees within the Village. The Approving Authority shall notify, in writing, the owners of such trees. Removal shall be done by said owners through the services of a Certified Arborist, at their own expense, within 30 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Approving Authority shall have the authority to remove such trees and charge the cost of removal to the owner. If the charge is not paid within 30 days from the date of the bill, a penalty of 5% of the amount due shall be assessed, and a further penalty of 1% shall be added for each succeeding month or any portion thereof in which the charge is not paid. The Village Clerk/Administrator shall cause, on the next succeeding tax roll, any said unpaid tree removal charges and penalties thereon in excess of 60 days to be added to the Village tax bills. Said tree removal charges and penalties shall constitute a lien on the real property so affected.
A Significant Tree shall not be removed without the approval of the Village Board of Trustees, except when the removal of the Significant Tree is in conjunction with an approved site plan application pursuant to Chapter 209 of the Village Code or as provided in § 235-19.
A. 
Within 30 days after completion of all tree removals and restoration authorized under a permit issued in accordance with this chapter, the Applicant shall notify the Approving Authority of such completion.
B. 
Within 30 days of such notification of completion of work, the Approving Authority shall inspect or cause to be inspected the tree removal site for compliance with all conditions of the permit.
(1) 
When all tree removal(s) authorized under a permit is deemed to be completed in an acceptable fashion, the Approving Authority shall close out an open permit.
(2) 
When tree removals and replanting authorized under permit are deemed not acceptable, the Approving Authority shall so notify the Applicant. The notification of noncompliance shall include a list of all conditions in violation of the terms of the permit and shall specify a time limit for the correction of all items so listed.
[1]
Editor's Note: Former § 235-23, Advisory Council on Environmental Conservation, was repealed 2-24-2015 by L.L. No. 6-2015.
A. 
In the event of a violation, the Approving Authority shall have the authority to propose suitable mitigation in connection with said violation based on formulas listed below, prior to an appearance ticket being issued. If the violator does not agree to proposed mitigation, the Approving Authority shall request the court to require such and additional measures. Mitigation by the Approving Authority shall be based on the following formulas: (DBH x 0.475) or [(Widest portion of remaining stump) x 0.475].
B. 
Any person, firm, corporation, or other entity who or which undertakes any regulated activity without a Tree Removal Permit required by this chapter or who violates any condition attached to a Tree Removal Permit, or who otherwise violates any of the provisions of this chapter shall be guilty of an offense punishable by a fine of not less than $500 and not more than $750 per violation. Each tree removed without a Tree Removal Permit required by this chapter or in violation of any condition attached to a Tree Removal Permit or otherwise removed, killed, cut, broken, injured, clear-cut, topped, improperly pruned or otherwise destroyed or mortally damaged in violation of this chapter shall constitute a separate offense. For a second and each subsequent violation within a one-year period, the violator shall be guilty of each separate offense punishable by a fine of not less than $600 and not more than $1,000 per violation or a term of imprisonment of not more than 15 days, or both. In the case of a tree destroyed or removed without a Tree Removal Permit, another tree, or multiple trees equaling the DBH of the tree removed, shall be replanted at the expense of the property owner. Species, DBH and location of trees shall be as specified by the Approving Authority.
[Amended 10-14-2014 by L.L. No. 8-2014]
C. 
Each violation of the provisions of this chapter shall be a separate and distinct offense, and, in the case of a continuing offense, each week's continuance thereof shall be deemed a separate and distinct offense. In addition, the Approving Authority may request and the court may order or direct a violator to replace any or all trees removed illegally, with a size and type selected by the Approving Authority. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Approving Authority.
D. 
The Village shall not issue a building permit, temporary Certificate of Occupancy or Certificate of Occupancy for any property for which a violation of this chapter has been served, or for which an administrative or judicial proceeding has been commenced under this section, until said violation or proceeding is dismissed or resolved to the satisfaction of the Approving Authority or Court, as is appropriate.
E. 
The Village shall have the right to seek equitable relief to restrain any violation or threatened violation of any provision of this chapter and to compel the replacement of any or all trees removed illegally and the restoration of the land affected to its condition prior to the provisions of this chapter.
F. 
Prior to the issuance of a Tree Removal Permit with conditions, the Approving Authority may request a bond or cash equivalent in the appropriate amount deemed necessary. The bond or cash equivalent will be returned to applicant upon the satisfactory completion of work inspected to the satisfaction of the Approving Authority.
The Village Engineer, designee, and Code Enforcement Officer(s) are hereby authorized to issue appearance tickets for violations of this chapter as well as stop-work orders.
Nothing contained in this chapter shall be deemed to impose any liability upon the Village, its officers, committees or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any area on his property or under his control in such conditions as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, public or place within the Village.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.