[HISTORY: Adopted by the Board of Trustees of the Village of Owego as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-1-1969 as Ch. 15, Art. I, of the 1969 Code of Ordinances]
No person shall play at bat and ball or play any game of ball within the limits of the streets of the village.
No person shall coast or slide downhill upon any sled, staves, runners of any description or carts upon any of the sidewalks of the village.
No person shall throw, place, pile, deposit or leave any ashes, stones, dirt, brush, straw, shavings, lime refuse, coal, scraps, slops or other refuse or waste matter or rubbish of any description into or in or upon any street, alley, park or lane of the village.
No person shall throw, leave or deposit or cause to be thrown or left or deposited in or upon any of the streets, alleys, sidewalks or public parks of the village any dodgers, posters, bills, advertisements or paper or papers of any description.
No person shall lead, ride or drive any horse, beast of burden, cattle or swine over or upon any sidewalk in the village.
No persons shall cause or allow any team, horse or draft animal to stand unattended or unhitched at any time within the limits of the streets or public parks of the village.
No street or cross street, lane, alley or public passageway, sidewalk or crosswalk within the limits of the village shall be obstructed or encumbered by any engine, tender, passenger, mail, baggage, freight or any other car or cars, single or connected, for exceeding five minutes at any one time.
No person shall pile or store or cause to be piled or stored or keep any log, timber, box, cask, stone, planks, boards, building material or similar articles in any street or public square within the village; provided, however, that nothing herein contained shall be deemed or construed to apply to persons engaged in moving or unloading goods or articles while so actually engaged in moving or unloading and personally present therewith.
[Amended 5-18-1992 by L.L. No. 1-1992]
It shall be unlawful for any person to place any movable goods, wares, merchandise or other article upon any sidewalk within the Village of Owego which is less than six feet in width measured from the curb to the building or inside line of the sidewalk.
For those sidewalks wider than six feet in width, it shall be lawful to place any of the above-described items upon the sidewalk, provided that the following rules are adhered to:
A minimum five-foot passageway must be maintained on all sidewalks at all times.
This five-foot passageway in front of each store must generally align with the five-foot passageway in front of the adjacent stores.
Where parallel parking is allowed at the curb, a minimum two-foot six-inch passageway must be maintained from the curb edge to the placement of items to allow for the opening of vehicle doors and exiting the vehicle.
Where parking is not allowed or where angular parking is allowed, the above-described items may be placed up to the inside curbline.
Where handicapped parking is designated, a minimum four-foot passageway must be maintained from the curb edge to the placement of items to allow for the opening of vehicle doors and exiting the vehicle.
In all situations involving designated parking spaces, there shall be a minimum two-foot passageway at each perpendicular or angular marking line of the parking space for persons to enter onto the five-foot passageway from the curb area.
It shall be unlawful for any person to place any of the above-described items upon the sidewalk in front of any entrance or exit door leading onto the sidewalk so as to hinder entering or exiting said door; or within or in front of any of the rest areas adjacent to the sidewalks; or in or across any crosswalk area, within the Village of Owego.
The merchant responsible for the placement of the aforesaid items upon the sidewalk accepts full liability for any and all injuries caused by his or her negligence, if any, in the manner in which the items were placed upon the sidewalk.
This section shall not apply to persons engaged in moving or unloading any of the above-described items while such persons are actually engaged in such moving or unloading and personally present therewith.
It shall not be considered a violation of this section to place properly contained or bundled garbage and refuse or recyclable materials upon the curbside of the sidewalk on days of collection.
Duty of owner. All owners and occupants of property within the corporate limits of the village are hereby required to trim and keep trimmed all trees and shrubbery adjoining or in the vicinity of the sidewalks opposite their property in such manner that the sidewalks shall not be obstructed in any manner by such trees or shrubbery or by any limb or branch thereof. All such trees adjoining such sidewalks shall be trimmed to the height of 10 feet from the ground.
Enforcing authority. The Superintendent of Public Works is hereby authorized and instructed to see that this section is observed and kept by all such owners and occupants.
Failure of owner to trim. Upon the failure of any owner or occupant to comply with Subsection A, the Superintendent of Public Works shall cause such trees and shrubbery to be trimmed, and, where necessary, he shall remove all trees and shrubbery left or permitted to grow or stand in violation of said subsection.
Report of violations. The Superintendent of Public Works shall report all violations of this section to the Board of Trustees.
Removal required in residential area. All snow and ice shall be removed at least once each day from all sidewalks in residential areas of the Village of Owego between November 15th and April 15th of each year and between the hours of 6:00 a.m. and 10:00 p.m. of each day except only in case of continuous fall during these hours.
[Amended 12-21-2009 by L.L. No. 5-2009]
Removal required in Central Business District. All snow and ice shall be removed at least once each day from all sidewalks in the Central Business District of the village between 6:00 a.m. and 10:00 a.m. of each day, except only sidewalks fronting residential dwellings that are included in the perimeter streets of the Central Business District, which shall be governed by Subsection A above. The Central Business District is bounded as follows: Front Street between Church Street and Parker Lane; Parker Lane; Liberty Street between Main Street and Temple Street; Temple Street between Liberty Street and Central Avenue; Central Avenue between Temple Street and Fox Street; Fox Street between Central Avenue and North Avenue; North Avenue between Fox Street and Temple Street; Temple Street between North Avenue and Church Street; Church Street from Temple Street to Front Street.
Removal from sidewalks fronting industrial property. Removal of snow and ice from sidewalks fronting industrial property shall be governed by the area in which it is located as defined above.
Failure to remove. The Village of Owego Police Department is charged with enforcing the provisions of this section. All property owners and tenants failing to remove or make provisions for removal of snow and ice as required by Subsection A, B, or C from the sidewalks adjoining the property owned or occupied by them shall, for a first conviction between November 15th and April 15th of the given year, be punished by a fine not less than $5 nor more than $250 or by imprisonment by not more than 15 days, or by both such fine and imprisonment; for a second such conviction between November 15th and April 15th of the given year, such person shall be punished by a fine not less than $50 nor more than $250 or by imprisonment for no more than 15 days, or by both such fine and imprisonment; upon a third or subsequent conviction between November 15th and April 15th of the given year after the first conviction, such person shall be punished by a fine of not less than $100 nor more than $250 or by imprisonment for no more than 15 days, or by both such fine and imprisonment.
[Amended 4-21-1997 by L.L. No. 1-1997; 12-21-2009 by L.L. No. 5-2009]
The Board of Trustees may construct and repair crosswalks upon the streets within the village. It may also construct and repair sidewalks, curbs and gutters upon such a street wholly at the expense of the village or of the owner or occupants of the adjoining land or partly at the expense of each and may prescribe the manner of doing such work and the kind of materials to be used therein. If a sidewalk, curb or gutter is so required to be constructed or repaired wholly at the expense of the owners or occupants of the adjoining lands, a notice specifying the place and manner and the time, not less than 10 days in case of a new walk or not less than 24 hours in case of repairs, within which the sidewalk, curb or gutter is required to be constructed or repaired shall be served upon such owners or occupants. If an owner or occupant shall not construct or repair the sidewalk, curb or gutter as required by the notice, the Board of Trustees may cause the same to be so constructed or repaired and assess the expense thereof upon the adjoining land. If a sidewalk, curb or gutter is to be constructed or repaired at the joint expense of the village and the owner or occupant, the Board of Trustees may cause the same to be constructed or repaired and assess upon the adjoining land the proportion of the expense chargeable against the same. All grading done on sidewalks, curbs or gutters laid or repaired by the owners of adjoining land shall be in accordance with the specifications and under the direction and supervision of the Board of Trustees. Assessments shall be made and collected and taxes levied as provided by law. The Board of Trustees may issue bonds of the village to defray the expense of any such work or improvement.
[Added 5-6-1996 by L.L. No. 1-1996]
The purpose of this section is to establish specific criteria and a test to determine which sidewalks in the Village of Owego are in need of replacement.
Sidewalks in the Village of Owego shall meet the following standards. If they fail to meet the following standards, said sidewalks shall be replaced.
All sidewalk/walkways in the village shall be sloped toward the street a minimum of 1/4 inch per foot.
The change in elevation from one section of sidewalk to an adjoining section shall in no event exceed 1 inch.
No cracks or missing pieces of more than 1/2 inch in width shall be permitted in sidewalks.
A continuous concrete sidewalk throughout the village shall be the goal and standard of the village inclusive of driveway crossings. Homeowners may, however, retain existing slate sidewalks if they are kept in good repair. Slate sidewalks shall meet the same rejection criteria as concrete sidewalks as stated above. Regardless of the foregoing, the repair/replacement of slate sidewalks (unless replaced by concrete) are exempt from the Village's 50/50 repair/replacement program.
[Added 4-21-1997 by L.L. No. 1-1997; amended 1-7-2008 by L.L. No. 1-2008]
Any person violating any provision of this article shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.
In addition to the enforcement provisions described herein, the Department of Public Works, or any department so authorized by the Board of Trustees, shall assess an administrative fee plus the cost of such improvement, work or act to the property owner in an amount as set forth from time to time by resolution of the Board of Trustees. Said administrative fees left unpaid will also be included in any lien placed against the property and will be added to the property owner's taxes.
[Adopted 12-1-1969 as Ch. 15, Art. II, of the 1969 Code of Ordinances]
This article shall be known and cited as an "Ordinance Regulating the Excavation of Streets within the Village of Owego, New York."
Required generally. It shall be unlawful for any person to make or cause to be made any excavation, hereinafter referred to as an "opening," in or under any street, sidewalk or public place or any portion thereof, whether paved or otherwise, in the village for any purpose whatsoever, except upon compliance with the provisions of this article and the obtaining of a permit and the payment of a fee therefor as hereinafter provided.
Waiver of permit for utility poles and anchors. The Superintendent of Public Works shall, upon application being made to him, be empowered to certify, in writing, to the Village Clerk-Treasurer that, in the case of excavations for utility poles and anchors, a permit shall not be required if sidewalk, curb or pavement is not disturbed. This waiver of permit shall be granted only in the sound discretion of the Superintendent of Public Works after investigation and examination of the location of the proposed excavation for utility poles and anchors.
[Amended 4-21-1997 by L.L. No. 1-1997]
A fee, in an amount set forth from time to time by resolution of the Board of Trustees, shall accompany each application for an opening permit which shall be retained by the village to cover the cost of issuing the permit and any inspections required.
At least 24 hours prior to the commencement of work, any person or authorized representative of any firm, company or corporation desirous of making any excavation shall file, in writing, with the Village Clerk-Treasurer for permission to make such excavation. Such application shall contain such information as the Board of Trustees shall specify. A sketch showing the location, dimensions and character of the opening shall accompany the application.
Each permit required by this article or a renewal thereof shall expire on December 31 next following the issuance thereof and may be renewed upon written application to the Village Clerk-Treasurer. Permits issued during the month of December will expire on the second December 31 following the date of issuance and may be renewed once without payment of an additional fee.
[Amended 4-21-1997 by L.L. No. 1-1997]
Prior to the issuance of an opening permit, the applicant shall deposit with the Village Clerk-Treasurer a sum of money in cash or certified check sufficient to reimburse the village for all expenses incurred by it in restoring the disturbed surface of the street or other area opened. Such deposit shall be set forth from time to time by resolution of the Board of Trustees.
In the event that more than one type of surface is to be excavated, the deposit shall be based on the square footage of each type surface, and the minimum deposit shall be set forth from time to time by resolution of the Board of Trustees.
Any person may elect to restore an opening in a street or other area in lieu of the village doing so by signifying such election, in writing, at the time application for the permit provided for in this article is made. In the event that such election is made, the applicant shall not be required to make the deposit required by § 172-20; provided, however, that the Board of Trustees may exact security for the restoration of such opening by any person electing to restore, in lieu of the village doing so, either by a bond, certificate of indemnity or guaranty of a responsible person or corporation in an amount deemed by the Board of Trustees to be sufficient security for such restoration, the same to be discharged or released when restoration is completed to the satisfaction of the Board of Trustees.
Any public utility may be entitled to commence street opening work of an emergency nature, provided that, if the office of the Village Clerk-Treasurer is closed, the Police Department is notified and application for such permit is made in the manner outlined herein before the close of business hours of the first working day following the date of the emergency opening. Street openings for the sole purpose of making original installations or connections will under no circumstances be classed as emergency work.
The owner or owners of the property benefited and the person executing the work shall comply with the following:
Pursuance of work. All work under the permit shall be pursued diligently and continuously until completed.
Lights, barricades, etc. Proper lighting, barricading, reflectors, signs and watchmen shall be provided when necessary to protect the public.
Gutters. Gutters shall be kept clear so that the free flow of water is permitted.
Closing streets to traffic. Not more than 1/2 of the paved width of any street shall be closed to traffic at one time.
Size of excavation. The size of the excavation shall not exceed that for which the permit was issued without first amending the permit as issued.
Backfilling sheeted excavations. In backfilling sheeted excavations, the sheeting shall be left in place but shall be cut down one foot below grade.
Tunnelling; undercutting. No tunnelling or undercutting shall be permitted without special permission of the Superintendent of Public Works.
All work done under a permit issued under the provisions of this article shall be subject to the inspection and approval of the Superintendent of Public Works.
[Amended 8-3-1981 by L.L. No. 1-1981]
Generally, excavations shall be carefully backfilled with material native to the excavated area deposited in four-inch layers and tamped. All streets, sidewalks and public ways shall be left in such condition that they will be free from hazard and safe for public travel. The village shall be notified, in writing, when backfilling is completed.
When the pavement is restored to a permanent condition by the village, the permit holder shall pay for the cost of such restoration based on the actual area involved and in accordance with the schedule of rates provided for in § 172-20 hereof; such payment to be deducted from the amount deposited and the balance, if any, being refunded to such permit holder. In the event that the deposit provided for in § 172-20 shall be insufficient to pay for the cost of restoration of the pavement by the village or if the permit holder has elected under the provisions of this article to fill the opening and restore the pavement but has failed to do so in compliance with this article, the permit holder shall be liable to the extent of any deficiency after having been advised by the village of the amount thereof.