[Adopted 4-2-1962 by Ch.
14, Art. I, of the 1962 Code]
A.
Every building or lot fronting on a street in the village
shall be numbered in accordance with the map on file with the Village Clerk.
B.
Whenever any house or lot in any street in the village
shall have been numbered or renumbered according to law, it shall be the duty
of the Clerk of the village to cause to be served upon the owner of the house
or lot so numbered or renumbered or upon the agent or lessee, if any, of such
house, either by mailing to or by personally leaving at the residence of such
owner, agent or lessee a copy of the resolution or ordinance so numbering
or renumbering such house or lot, together with a notice designating the numbering
or renumbering of the same, directed to the owner, agent or lessee.
C.
If such owner, agent or lessee shall fail, within 10 days after such notice, to number or renumber in a conspicuous manner the house so numbered or renumbered, the owner or such of those notified and failing as aforesaid shall be jointly and severally guilty of an offense, punishable as provided in Chapter 1, General Provisions, § 1-17C, for each day after the expiration of 10 days, until such resolution or ordinance shall have been complied with. A copy of this section shall be endorsed upon each notice so served as aforesaid.
[Amended 7-19-1982 by L.L.
No. 4-1982; 1-24-1994 by L.L.
No. 3-1994]
It shall be unlawful for any person to mutilate, cut down, remove, injure
or destroy any shade tree planted along the streets or sidewalks in the village
without a permit from the Village Manager.[1]
[Added 1-5-1981 by L.L. No.
1-1981]
A.
Declaration of legislative intent. It is the intent of
this section, in the interest of the public safety, health, comfort and general
welfare of the residents of the Village of Mount Kisco, to develop a capital
improvement plan for the construction and reconstruction of sidewalks. In
this respect, factors, such as the degree of hazardous conditions, the amount
of pedestrian use and the availability of funds, shall be taken into consideration
in the development of such capital improvements.
B.
Reconstruction of existing sidewalks.
(1)
The reconstruction of existing sidewalks shall be initiated
whenever the Board of Trustees shall, on its own initiative or information,
find the reconstruction of existing sidewalks to be necessary and in the public
interest.
(2)
The cost of reconstruction of existing sidewalks shall
be allocated as follows:
(a)
For all properties, the village assumes 100% of the cost
of reconstruction of a concrete sidewalk which is five feet or less in width.
(3)
Where the Planning Board of the Village of Mount Kisco,
as a condition of site plan approval, requires the reconstruction of sidewalks
or a portion thereof, then, and in that event, the provisions of this section
regarding the allocation of cost between the village and the property owner
shall not apply, and the cost of the reconstruction shall be the sole responsibility
of the property owner.
C.
Construction of new sidewalks.
(1)
The construction and installation of new sidewalks shall
be initiated by either of the following methods:
(a)
Whenever the Board of Trustees, on its own initiative
or information, finds the installation and construction of new sidewalks to
be necessary and in the public interest.
(b)
Whenever the Board of Trustees grants a property owner's
petition for the construction and installation of new sidewalks.
(2)
The cost of construction and installation of new sidewalks
shall be allocated as follows:
(a)
When the installation of a sidewalk is determined by
the Board of Trustees to be in the public interest, the cost shall be allocated
as follows:
[1]
For all properties, the village assumes 100% of the cost
of the construction of a concrete sidewalk which is five feet or less in width.
(b)
When the installation of a new sidewalk is initiated
by petition, the cost shall be allocated as follows:
[1]
For all properties where the sidewalk is five feet or
less in width, the cost shall be shared equally (50%/50%) between the property
owner and the village.
(c)
Where the Planning Board of the Village of Mount Kisco,
as a condition of site plan approval, requires the installation of new sidewalks,
then and in that event the provisions of this section regarding the allocation
of cost between the village and the property owner shall not apply, and the
cost of the construction of said new sidewalk shall be the sole responsibility
of the property owner.
D.
Removal of snow, ice, sand or other debris. Every owner, occupant and lessee of property shall at all times keep the sidewalks on or abutting his property free from weeds, rubbish, debris and other waste materials and from any hanging materials which may interfere with a pedestrian's use of the sidewalk. Within 24 hours after the cessation of the fall of snow or rain which freezes into ice, the owner, occupant or lessee of property shall clear the sidewalk on or abutting his property of such snow or ice to the extent possible and shall place sand or other substances on such sidewalk to make the sidewalk reasonably safe for pedestrians. The failure to do so shall constitute a violation punishable as provided in Article III of Chapter 1 of this Code. If the owner, occupant or lessee shall so fail to make the sidewalks on or abutting his property reasonably safe for pedestrians, the Village Manager may direct any appropriate village employee or employees or an independent contractor to do so, at the cost and the expense of the property owner, occupant, lessee or all of them, which such cost and expense, if not paid within 30 days of receipt of the bill therefor, shall become a lien upon the property.
[Amended 9-1-1987 by L.L.
No. 7-1987]
E.
Procedure. Whenever the reconstruction of existing sidewalks (Subsection B above) or the construction of new sidewalks (Subsection C above) is contemplated and where such construction or reconstruction shall result in an allocation of cost between the village and the property owner, the village shall utilize the procedure set forth for local improvements as specified in § 22-2200 of the Village Law of the State of New York. Pursuant to such section, the Village Board of Trustees, before making any such local improvements, shall give notice to all persons interested by publishing a notice in the official newspaper that a hearing will be held, not less than 10 days after the first publication of such notice, to consider the same.
F.
Payment of allocated costs. Whenever a property owner
is required to share in the cost of the construction of new sidewalks or reconstruction
of existing sidewalks, said property owner may pay such amounts at any time
within five years of the date of the completion of the improvement. If the
entire balance of the property owner's allocated share is paid within one
year of the completion of such improvement, the property owner shall not be
required to pay any interest on such amount. In the event that the property
owner does not pay within one year of the completion of such improvement,
then and in that event the property owner shall be required to pay a minimum
of 20% of the total assessment annually, together with interest at the prevailing
rate as established by the Board of Trustees at the time application is made,
on any unpaid balance until such amount, together with accumulated interest,
is paid in full.
[Amended 7-15-1991 by L.L.
No. 8-1991]
A.
Generally. No person shall engage in the selling or display
for sale of merchandise of any kind on, over or upon any sidewalk or in the
operation of a sidewalk cafe or outdoor dining area except upon the granting
of a permit pursuant to this section therefor and in accordance with the terms
and conditions of this section.
[Amended 9-20-1993 by L.L.
No. 8-1993]
B.
OUTDOOR DINING AREA
PERMITTING AUTHORITY
PUBLIC SERVICE FACILITY
SIDEWALK
SIDEWALK CAFE
Definitions. For purposes of this section, the following
terms shall have the following meanings:
[Amended 9-20-1993 by L.L.
No. 8-1993]
A restaurant, cafe or other for-profit dining facility located outside
of any building.
The board or official of the Village/Town of Mount Kisco authorized
to issue a license or permit pursuant to this section.
A public telephone, mailbox, bench or other facility provided for
the use of the general public.
Any area between the curbline and a structure, whether publicly or
privately owned, which is used by the public or open to use by the public
for pedestrian purposes.
An outdoor dining area located on a sidewalk.
C.
Sidewalk displays. The Village Manager is hereby authorized
to grant revocable licenses for the use of the sidewalk for the display for
sale of flowers, floral arrangements and ornamental shrubbery upon the following
terms and conditions:
(1)
The license shall be valid only during a single calendar
year and shall permit the regulated activity only during the period from April
1 to September 30 of such year.
(2)
The licensed activity shall be conducted only as an accessory
to a business establishment lawfully operating on the first floor of premises
in the CB-1 or CB-2 Zoning District, on the sidewalk in front of the principal
place of business of such establishment and by the entity which operates such
establishment. All sales shall be conducted within such establishment. No
cash register or other facility for the exchange of currency or otherwise
receiving payment for goods and services shall be permitted on the sidewalk.
(3)
The applicant shall have the consent of the owner and
lessee, if any, of the premises in front of which the licensed activity is
to be conducted.
(4)
There shall be no less than 10 feet from the curbline
to the front of the nearest structure.
(5)
No sidewalk display shall be nearer than seven feet to
the curb, except that if the sidewalk is 24 feet or more in width, then the
distance from the curb shall be not less than one-third (1/3) of the width
of the sidewalk.
(6)
The applicant shall at all times maintain free and clear
from all obstruction an aisle not less than four feet in width providing access
to any establishment fronting on said sidewalk.
(7)
No permanent structure may be affixed to the sidewalk
or any building. The applicant shall be responsible for any damage caused
to any sidewalk or public property.
(8)
The sidewalk use shall not interfere with access to any
public service facility.
(9)
No outdoor lighting or live or mechanical music shall
be permitted.
(10)
No sidewalk display shall be permitted after 9:00 p.m.
or when the entity with which it is associated is not open to the public.
(11)
The applicant shall agree, on a form approved by the
Village Attorney, to indemnify and save harmless the Village/Town of Mount
Kisco, its officers, agents, attorneys and employees, from and against any
claim of loss, liability or damage by any person arising as a result of the
applicant's operation of the sidewalk use.
(12)
The applicant shall obtain and maintain in full force
and effect throughout the term of the license a policy of general liability
insurance, which such policy shall name the Village/Town of Mount Kisco, its
officers, agents, attorneys and employees as additional insureds, have a combined
single limit of not less than $1,000,000 and contain a provision prohibiting
its cancellation except upon 20 days' notice to the Village/Town of Mount
Kisco. The applicant shall file with the Village Manager prior to the issuance
of the license a certificate evidencing the requisite insurance.
(13)
The applicant shall file with the Village Treasurer, prior to the issuance of the license, a cash deposit in the amount of $500 as security for the faithful performance by the applicant of the terms and conditions of the license. Said deposit shall be maintained by the Village Treasurer in a separate interest-bearing account for the benefit of the applicant and shall be returned to the applicant with interest, but less any administrative sanctions imposed by the Village Manager pursuant to Subsection H of this section, within 30 days of the termination of the license.
D.
Sidewalk cafes and outdoor dining areas.
[Amended 9-20-1993 by L.L.
No. 8-1993]
(1)
Permitting authority.
(a)
The Village Manager is hereby authorized to grant revocable permits for the use of the sidewalks in nonresidential zoning districts for sidewalk cafes upon the terms and conditions set forth in Subsection D(2).
(b)
The Building Inspector is hereby authorized to grant revocable permits for outdoor dining areas providing seating for 10 customers or fewer on privately owned property in nonresidential zoning districts upon the terms and conditions set forth in Subsection D(2) and renewal permits for outdoor dining areas permitted by the Planning Board pursuant to Subsection (1)(c) hereof, provided that the outdoor dining area is not in violation of any provision of this chapter at the time of such renewal.
(c)
The Planning Board is hereby authorized to grant permits for outdoor dining areas on privately owned property in all nonresidential districts, other than the CB-1 and CB-2 Zoning Districts, and for outdoor dining areas in the CB-1 and CB-2 Zoning Districts providing seating for 11 customers or more, subject to the requirements of § 110-46 of this code and upon the terms and conditions set forth in Subsection D(2).
(2)
Terms and conditions.
(a)
Clear path. There shall be a minimum of six feet of clear
distance or 50% of the sidewalk width, whichever is greater, free of all obstructions
to allow adequate pedestrian movement. The minimum distance shall be measured
from the portion of the sidewalk cafe/outdoor dining frontage which is nearest
either the curbline or the nearest obstruction. In the case of an area for
which a specific plan or area plan has been adopted, the clear path requirements
pursuant to this subsection shall be deemed satisfied if there is not less
than a six-foot clear path.
(b)
Furnishings. The furnishings of a sidewalk cafe or outdoor dining area shall consist solely of readily removable umbrellas, covers, tables, chairs, seasonal heating, ventilating and air-conditioning (HVAC) units, planters containing live plants, waste receptacles and decorative accessories. The number and location of tables shall comply with the maximum occupancy and aisle width standards for dining facilities set forth in the New York State Uniform Fire Prevention and Building Code. No furnishing or other object may be attached, even in a temporary manner, to the sidewalk or other public property or to any building or structure, and no furnishing or other object shall extend beyond the area delineated pursuant to Subsection D(2)(f). All furnishings shall be removed from the sidewalk and stored in an approved manner when the sidewalk cafe is not in operation.
(c)
Signage. Signage shall be limited to small, nonilluminated
identification signs attached to the physical barrier or base wall of the
eating area. Said signage shall not exceed four square feet in area.
(d)
Waste receptacles. The applicant shall maintain a sufficient
number of receptacles for the disposal of waste properly covered to prevent
infestation by insects and rodents. Such receptacles shall be emptied as often
as is necessary, but in no event less than once per day. No structure or enclosure
to accommodate the storage of garbage may be erected or placed adjacent to
the sidewalk cafe or outdoor dining area.
(e)
Outdoor entertainment. Musical instruments or sound reproduction
devices shall not be operated or used within a sidewalk cafe or outdoor dining
area for any purpose.
(f)
Delineation of dining area.
[1]
A sidewalk cafe or outdoor dining area shall be delineated
by a removable physical barrier or base wall separating patrons from pedestrian
traffic. The delineation and layout of the cafe areas shall be consistent
with the plan submitted by the applicant and shall conform to the following
requirements:
[a]
Paneled flower boxes: 24 inches in height.
[b]
Flower box post and chain: 30 inches in height.
[c]
Wrought iron fencing: 30 inches in height.
[d]
Wooden fencing: 30 inches in height.
[e]
Picket fencing with blunt pickets no wider than 1/2 inch:
30 inches in height.
[f]
Post and chain: 30 inches in height.
[2]
For purposes of this subsection, the height of the physical
barrier or base wall shall be measured from the finished floor level.
(g)
Accessory use only. No sidewalk cafe or outdoor dining
area may be operated except as an accessory to a restaurant or retail food
store lawfully operating on the first floor of a premises, abutting the principal
place of business of such entity and by the entity which operates the restaurant
or retail food store. The number of tables shall not exceed one-third (1/3)
of the total number of tables within the premises to which the sidewalk cafe
or outdoor dining area is accessory.
(h)
Hours of operation. No sidewalk cafe or outdoor dining
area shall operate other than between 7:00 a.m. and 11:00 p.m. or when the
entity with which it is associated is not open to the public.
(i)
Preparation of food and beverages. All food and beverages
to be served at sidewalk cafes or outdoor dining areas shall be prepared within
the existing restaurant or retail food store.
(j)
Alcoholic beverages. The applicant shall be responsible
for obtaining, maintaining in full force and effect and complying with the
terms and conditions of any permit which may be required under any other law
or regulation for the serving of food and beverages, including alcoholic beverages,
at a sidewalk cafe or outdoor dining area.
(k)
Operation. Sidewalk cafes and the public property upon
which they are located and the surrounding area and outdoor dining areas shall
at all times be kept free and clear of litter, debris and any substance that
may damage the sidewalk or cause pedestrian injury. A sidewalk cafe or outdoor
dining area shall not be used as a waiting area for the restaurant or retail
food store to which it is an accessory.
(l)
Design guidelines.
[1]
All tables and chairs shall be uniform in color, material
and style.
[2]
All physical barriers shall be uniform in color, material
and style. The advertising of products or brands on any portion of the base
wall shall be prohibited.
[3]
All umbrellas shall be uniform in size, color, material
and style.
[4]
Table coverings should be consistent in style and color.
Fluorescent colors shall not be allowed.
[5]
Signage shall be consistent with the architecture and
design of the outdoor dining area.
E.
Special sidewalk sales. Anything in this section to the
contrary notwithstanding, the Board of Trustees may permit the selling and
display for sale of merchandise on, over or upon the sidewalk at any location
within the village for a period not to exceed seven days in conjunction with
organized sidewalk sales days open to participation by all retail merchants
within the village.
F.
Application.
(1)
Application for a license or permit pursuant to this
section shall be made on a form designated by the Village Manager and approved
by the Village Attorney.
[Amended 9-20-1993 by L.L.
No. 8-1993]
G.
Determination on application. The Village Manager shall
grant or deny an application for a license pursuant to this section within
60 days of its complete submission.
H.
Notice of violation; revocation or suspension of license or permit; imposition of administrative sanctions. Upon a finding by the permitting authority that the licensee or permittee has violated any provision of this section or the terms and conditions of the license or permit or has engaged in any practice in conjunction with the licensed or permitted activity which constitutes a danger to the health or safety of any patron or pedestrian, the permitting authority shall give notice to the licensee or permittee to correct such violation or cease such practice within 24 hours. If the licensee or permittee fails to comply with such notice, the permitting authority may suspend the license for a period not in excess of 30 days, during which time the licensee or permittee shall be entitled to a hearing at which the licensee or permittee may be represented by counsel to present evidence in his behalf and confront the evidence against him. If, upon considering the evidence presented at the hearing, the permitting authority adheres to the finding, the permitting authority may reinstate the license or permit with additional conditions related to the violation or improper practice which has been found or revoke the license or permit and forfeit the licensee's or permittee's cash deposit. In addition to or in substitution for the suspension or revocation of the license or permit, the permitting authority may impose an administrative sanction in an amount determined by the permitting authority to be the cost to the village of the licensee's or permittee's failure to comply with the terms of this section or the license or permit issued pursuant hereto. The suspension, revocation or other action taken pursuant to this subsection shall not relieve the licensee or permittee or any other person from any liability which may be imposed pursuant to § 93-12 of this Article.
[Amended 9-20-1993 by L.L.
No. 8-1993]
I.
Reservation of rights. Neither the adoption of this section
nor the granting of any license pursuant hereto shall be construed as a waiver
of any right, privilege or immunity of the Village/Town of Mount Kisco concerning
its public easement over the streets and sidewalks or of any requirement of
law concerning the liability of the Village/Town of Mount Kisco with respect
to streets and sidewalks, whether express or implied.
Distribution of handbills, paper sheets, newspapers, magazines, circulars or any other literature on, in or upon a sidewalk, as defined in § 93-4 above, or upon a street is hereby permitted subject to the following limitations or conditions:
A.
The distribution shall not be for commercial or advertising-of-merchandise
purposes.
B.
The distributor shall not call out loudly or use a loudspeaker
to attract the public's attention to his literature.
C.
The distribution matter shall be given to individuals
only and shall not be placed upon or in a building, a motor vehicle other
than distributor's motor vehicle, a telephone or utility pole or any public
property.
D.
All other provisions of this Code and any other law shall
be complied with.
[Amended 8-14-1989 by L.L.
No. 10-1989; 2-22-1993 by L.L.
No. 1-1993; 1-15-1993 by L.L.
No. 12-1993]
It shall be unlawful for any person to permit, allow or cause to be
erected or installed within the Village/Town of Mount Kisco:
A.
Any barbed wire, razor wire or similar fence or a fence
in which barbed wire, razor wire or similar material is used; or
B.
Any exterior security enclosure. For purposes of this
section, the term "exterior security enclosure" shall mean any roll-up, accordion,
scissor lath, steel grille, security shutter or other type of security doors
or gates to provide a layer of enclosure directly on the exterior of the building
in addition to any exterior wall of whatever material. Security enclosures
may be installed within the exterior wall of the premises, provided that:
(1)
Each such security enclosure:
(a)
Is located, in the judgment of the Building Inspector,
at a sufficient distance from any transparent exterior wall or door of the
premises so as not to create a deleterious visual and aesthetic impact upon
the surrounding area;
(b)
Does not substantially diminish the passage of light
from the exterior to the interior of the premises; and
(c)
Is installed in such a manner as to provide ready access
to the locking mechanism of the security enclosure from an exterior door in
the event of an emergency; and
(2)
The premises are equipped with an emergency entry system
approved by the Board of Fire Commissioners of the Village/Town of Mount Kisco.
It shall be unlawful for any person to throw, place or deposit any ashes,
tin cans, paper, trash, discarded motor vehicles or parts thereof or any refuse
matter of any kind upon any road, avenue or street in the village.[1]
No person shall engage in coasting or sliding upon any street or avenue
in the village, except at such times and in such places as may be designated
by the Board of Trustees.
[Amended 7-19-1982 by L.L.
No. 4-1982]
No person shall authorize or engage in any parade or exhibition upon
the streets or public grounds of the village without a permit from the Board
of Trustees.
No person shall erect or string or cause to be erected or strung any
wire, rope, cord, string or similar matter across, with or without advertising
matter, in or over any street, avenue or public place or in front of any building
or from or to any telephone or utility pole, without the prior approval of
the Board of Trustees.
No person shall move or cause to be moved or assist to remove any building
into, along or across any street or public place in the village, without permission
from the Board of Trustees. Such Board may require liability insurance and
may impose any reasonable condition for the protection of the public, if permission
is so granted.
[Amended 7-19-1982 by L.L.
No. 4-1982; 8-24-1992 by L.L.
No. 9-1992]
