[Adopted 7-27-1964 as part of Ch. 24, Art. I of the 1964
Code of Ordinances (Ch. 138, Art. I of the 1981 Code)]
A.
Laying or constructing pipe or conduits. Whenever
any company having rights or privileges in, through or along the streets
of the City shall intend to make an excavation in the public streets
or places of the City for the purpose of laying or constructing any
pipe, conduits or other works to be used in supplying telephone, telegraph,
television, gas or electricity service to said City or to the inhabitants
thereof, or laying any wires, conduits or cables in said streets,
at least two days' notice in writing of such intention shall be given
to the Director of Public Works by the company intending to make such
excavation, stating specifically the street or streets and the parks
thereof and the places in and through which such excavation is proposed
to be made, and such notice shall contain the exact time at which
such excavation shall commence.
[Amended 9-28-1981 by L.L. No. 4-1981]
B.
Making repairs. Whenever it shall become necessary
for any company, because of leakage, the bursting of pipes or other
accident, to make excavation in the public streets or places of said
City for the purpose of making repairs, notice in writing shall forthwith
be given to the Director of Public Works of such accident and the
intention to make excavation for such purpose, by the company intending
to make the same, stating therein the place or places where such excavation
is about to be made.
[Amended 9-28-1981 by L.L. No. 4-1981]
C.
Excavation at intersections. Every excavation at street
intersections shall be properly and safety refilled, to the satisfaction
of the Director of Public Works, by the company making the same, as
soon as possible, and shall not remain unfilled for a longer period
than 48 hours, and at all other places as soon as possible and not
for a period longer than five days.
[Amended 9-28-1981 by L.L. No. 4-1981]
D.
Restoration of surface. The company making the same
shall restore the street in which any excavation is made, as herein
provided, to the same condition as existed prior thereto and shall
regrade, repave or remacadamize, as the case may be, commencing said
regrading, repaving or remacadamizing within 48 hours after said excavations
are refilled and completing the same without unnecessary delay. Said
company shall keep the same in good repair and condition for a period
of 12 months thereafter, shall also relay all crosswalks within 48
hours after the excavations necessitating their removal are refilled
and shall keep the same in good repair and condition for a period
of 12 months thereafter.
E.
Size of excavation; location of barricades. No company
shall maintain any excavation in any public street or place for a
distance of more than two blocks at a time. Sufficient guards shall
be placed and maintained about each excavation to secure public safety
until said street is ready for public use; and at street intersections
such excavations shall be fully protected by barricades placed at
least three feet distant therefrom; and at night all excavations shall
be protected by a sufficient number of lighted lamps, upon said guards
or barricades, to apprise all persons of danger.
F.
Limitation on opening of new paving. Public streets
which have been newly paved or repaved shall not be opened for a period
of five years after the completion of such paving or repaving, except
in case of emergency, the existence of such shall be determined by
the Director of Public Works.
[Added 9-28-1981 by L.L. No. 4-1981;
amended 6-14-1994 by L.L. No. 13-1994]
[1]
Editor's Note: Original § 24-1,
which immediately preceded this section and which dealt with the apportionment
of expenses for street repairs, was deleted 9-28-1981 by L.L. No.
4-1981.
[Amended 9-28-1981 by L.L. No. 4-1981; 8-12-1996 by L.L. No.
14-1996]
A.
No person shall construct, improve, lay or relay any
sidewalk or curb unless the width and grade of such sidewalk and the
thickness of such curb and grade are first fixed by the Director of
Public Works, and every 24 hours that such sidewalk or curb remains
after notice, in writing, that the same is not according to specifications
furnished shall be deemed a violation of this section.
B.
Any person requesting a curb cut shall first forward
his or her request in writing to the office of the Mayor and Common
Council and shall state the reason for making such request. The request
will be brought to the Common Council and referred to any committee
deemed appropriate by the Common Council for a recommendation. The
Committees will forward said request, with their recommendation regarding
its approval or denial, to the Common Council for full Council approval
or denial.
[Amended 9-28-1981 by L.L. No. 4-1981; 7-27-1992 by L.L. No.
5-1992; 6-14-1994 by L.L. No. 11-199411-28-2022 by L.L. No. 12-2022]
A.
Permit required; conditions. No person shall, without
permission of the Director of Public Works, in writing, take up, remove
or injure any sidewalk, pavement, bridge, crosswalk or sewer, nor
dig any area nor make any excavation in any public street, highway
or public place of the City, nor remove any earth or stone therefrom,
and any person so doing, by permission or otherwise, shall immediately
or upon the expiration of the time limited in such permission, which
time limit shall not exceed 10 days unless granted an extension for
special circumstances which shall be treated as a new permit under
this section, restore the same to its original condition, applying
and conforming to standards that are customary within the industry
or otherwise required by the Director of Public Works, including but
not limited to compacting, blacktopping and sealing. Such an area,
when so restored, shall be kept in good and safe condition for at
least one year thereafter; provided, however, that if the sidewalk
taken up or removed is located in the district lighted by the ornamental
lighting system, the same shall not be replaced or restored until
after such notice to the Director of Public Works as will permit the
City to protect the cable connected with the ornamental lighting system
by laying the cable in a conduit or otherwise.
B.
Permit fee and bond: amount and condition. Any person or entity applying for permission under Subsection A above shall be required to pay a minimum fee of $50 or as such fee is otherwise adopted by a resolution of the Common Council of the City of Port Jervis. The person applying for any such permission shall also file with the City a bond, with a surety or sureties to be approved by the Director of Public Works and City Corporation Counsel, in an amount of not less than $1,000, conditioned to indemnify said City and save the same free and harmless from any claims for or recovery of damages, costs and expenses resulting from the taking up or removing of any sidewalk, pavement, crosswalk or sewer or the making of any excavation in any public street or public place in said City or by reason of the negligence of the applicant in so disturbing said street, sidewalk or public place.
C.
Homeowner exemption. Any person that is resetting bluestone sidewalk in front of their personal residence shall be exempt from paying the fee and/or posting the bond associated with this section unless the work associated with such resetting of bluestone shall be in excess of 15 days from the date that a permit was issued for such work, in which case the violations in Subsection D shall be assessed against such person and/or homeowner. This exemption shall only apply to bluestone sidewalks and not sidewalks of other materials.
D.
Violation
of section.
(1)
Should any permittee pursuant to this section fail to complete the permitted work within the allotted 10 days and, further, such permittee not be granted any formal extension pursuant to this section by the designated City official, the bond in Subsection B above shall be drawn upon in favor of the City and the permittee shall further be fined a total of $50 per day for each and every day after the allotted 10 days (or any permissible extension thereof) that the sidewalk work is not completed to the City’s standards.
(2)
It
shall be the duty of the Director of Public Works and also of the
members of the police force of said City to notify any such person
of any violation of this section and, upon and after such notice,
every person who shall, for every 24 hours or part thereof, neglect
or refuse to comply therewith shall be subject to the penalty prescribed
for violation of this Code; and said Director of Public Works, after
the expiration of five days from said notice, shall cause said street,
sidewalk or public place to be restored to its original and perfect
condition, and the expense thereof shall be a charge against, and
be collected from, the person offending as aforesaid.
Whenever any public street or place within said
City is being constructed or repaired, it shall be the duty of the
person performing the work to place and maintain such sufficient guards
about said construction or repairs as to secure public safety until
said street is ready for public use and at all times during the night
to have and keep lighted red-colored lamps not more than 20 feet apart
upon said guards to give warning to all persons of said construction
or repairs.
[Amended 9-28-1981 by L.L. No. 4-1981]
No person shall hinder or obstruct the construction
or repair of any pavement, sidewalk or crosswalk, sewer or other public
improvement which is being done under the authority or direction of
the Director of Public Works.
[Amended 9-28-1981 by L.L. No. 4-1981]
Every person who shall dig any cellar or other
excavation adjacent to and within five 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 lighted red lamps upon said barriers in
such a manner as to give warning to all persons of such excavation;
and if such requirement is not complied with, then the Director of
Public Works may cause such barriers and lights to be placed at the
expense of the person so in default.
No unauthorized person shall remove or interfere
in any way with any barriers, lamps or danger signals erected or placed
for public safety or any monument placed to locate the line of any
public street, sidewalk or public improvement within the City.
[Amended 12-22-1980]
The owner of record, in part or in whole, of any lot or any portion thereof abutting upon any street or alley in said City shall at all times maintain the sidewalk, curb and gutter adjoining the same in good condition. Said owner may relay flagging or repair concrete sidewalks and/or curbs without special permission of said City, provided the requirements as set forth in § 464-4 in compliance with proper barricades, lights and pedestrian protective devices are complied with.
A.
Where the Building Official of said City shall note
or be so notified by the Chief of Police that a dangerous condition
exists due to defects in said sidewalks or curbs, he shall serve written
notice upon the property owner, setting forth the nature of the condition
and the maximum time specified to correct same.
B.
Upon failure of the property owner to comply with
said notice in the time specified therein, the Common Council may
order, by Council motion, that said work as described in the violation
notice be performed and the cost of same billed to the owner of record.
Failure of payment thereof shall become a lien upon said property
and be added to the tax roll the following year.
C.
Owners of record in said City may, in writing directed
to the attention of the City Clerk-Treasurer, request that said City
provide for the service of repairs or new installations of curbs and/or
sidewalks or the relaying of stone flagging on their property which
abuts any street. Upon receipt of said request, the Director of Public
Works shall submit a written deposit estimate to the property owner.
Upon receipt of said deposit by the City Clerk-Treasurer, the property
owner shall be notified of a tentative date for said work. Upon completion
of work, an itemized bill shall be submitted to the City Clerk-Treasurer,
whereupon he shall either return a refund or submit an additional
bill for payment as required.
D.
E.
Lot owners shall be liable for any and all claims for alleged injury
or damage to person or property relating to sidewalks, curbs and gutters
adjoining and/or abutting the lot owner's property.
[Added 2-23-2015 by L.L.
No. 2-2015]
No person shall drop or permit or allow to be
dropped or to fall upon any pavement any stone, box, crate, keg, barrel
or other heavy article or thing, nor shall any person unload from
any vehicle upon any pavement any heavy or cumbersome thing in such
a manner as shall be liable to break, injure or dislodge any paving
brick or break or injure any pavement.
[Amended 9-28-1981 by L.L. No. 4-1981]
No person shall at any time move any building
through or upon any of the public streets, lanes or alleys in said
City unless by permission in writing of the Director of Public Works,
who shall fix the terms and conditions under which the said moving
may be permitted.[1]
[Amended 9-28-1981 by L.L. No. 4-1981]
No person shall erect or suspend any sign or
banner over any public street in the City without the permission of
the Director of Public Works.
[Amended 9-28-1981 by L.L. No. 4-1981]
No person shall erect or maintain any pole,
sign, post or posts in any public street or place within the City
without the consent and authority of the Director of Public Works.
[Amended 9-28-1981 by L.L. No. 4-1981; 6-11-2018 by LL. No. 5-2018]
A.
Location. No person shall place any merchandise or obstruction of
any kind upon any sidewalk within the City which shall extend more
than 18 inches from the building or so as to leave a space less than
five feet clear and unobstructed for the use of the public, measured
from the curb, or in case of any pole or other obstruction within
the curbline, installed by or under the authority of the Director
of Public Works in front of such building, so as to leave a space
less than five feet clear and unobstructed for the use of the public
from a line parallel to the curb and distant therefrom as far as the
inside distance of the sidewalk base of such pole or other obstruction.
B.
Time. Any merchandise or obstruction which shall extend from any
building within the 18 inches above mentioned upon any sidewalk within
said City shall remain on said sidewalk only during business hours
of the business selling the merchandise or using the obstruction.
All articles of food shall be placed on tables or benches not less
than two feet in height; and no person shall so place or suffer to
remain any barrel, box, crate, or other article or any chute or device
for loading or unloading goods upon any public street or place within
the City as to obstruct the free passage of the public, except while
actually engaged a reasonable time in loading or unloading goods.
C.
Restriction of use. Any person seeking to display merchandise on
a public right-of-way shall only be permitted to display merchandise
that is sold in its normal course of business. No individual shall
allow another vendor to use their property.
[Amended 6-11-2018 by
LL. No. 5-2018]
A.
Purpose. The sidewalk cafe regulations as set forth in this section
are designed to allow sidewalk cafes on public sidewalks, between
the primary structure on the property and the public road it abuts,
and to promote the public health, safety and general welfare.
(1)
To provide adequate space for pedestrians on the sidewalk adjacent
to sidewalk cafe areas and to ensure access to adjacent commercial
and retail uses.
(2)
To preserve and enhance the character of neighborhoods through the
City and to protect adjacent residential areas.
(3)
To simplify administrative and strengthen enforcement procedures
for outdoor and sidewalk cafes that are effective, efficient and enforceable.
B.
SIDEWALK
SIDEWALK CAFE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any area between the curb line and a structure, whether publicly
or privately owned, which is used by the public or open to use by
the public.
An outdoor dining area, located on a private sidewalk or
public property, which is public through dedication or easement, or
public right-of-way that provides waiter or waitress service and contains
readily removable tables, chairs, railings and may contain planters.
It is otherwise unenclosed by fixed walls and open to the air, except
that it may have a retractable awning or umbrellas, or other nonpermanent
covers.
C.
Permit required.
(1)
No person shall engage in the operation of a sidewalk cafe or vending
except upon the granting of a permit by the Building Department pursuant
to this chapter and in accordance with the terms and conditions of
such permit. The permit application shall take such form as determined
by the Building Inspector.
(2)
Permits shall be issued on or after January 1 of each year. All permits,
regardless of when issued, shall expire on December 31, and shall
be renewed each year thereafter.
(3)
A permit to operate a sidewalk cafe or vending shall be issued only
to the owner of the business which operates the proposed sidewalk
cafe or vending. Sidewalk cafe or vending permits are nontransferable.
In the event of a change of ownership of a business which operates
a sidewalk cafe, a new permit must be obtained prior to the continued
operation of the sidewalk cafe.
(4)
A permit may be revoked at any time for any violation of this chapter,
any other violation of the Code of the City of Port Jervis, or any
violation of applicable New York State or federal regulations.
(5)
Application for a permit shall be subject to a fee set by resolution
of the Common Council.
D.
Permitted use. Sidewalk cafes and vending shall be permitted on the
sidewalk in front of the principal place of business. The front of
the principal place of business shall be defined as to space extending
from the primary front of the building and the public street it abuts.
E.
Special provisions for sidewalk cafes. Sidewalk cafes shall be permitted
uses in the Central Business District (CBD) and Service Commercial
(SC) Zoning Districts under the following conditions:
(1)
It is an accessory use to a food service establishment, restaurant,
bar establishment lawfully operating on the first floor of premises.
(2)
It is operated by the entity which operates the food service, restaurant
or bar establishment.
(3)
It shall be located adjacent to the primary structure on the premises
and may not be separate from the primary structure by normal pedestrian
use.
(4)
All food and beverages to be served or consumed at sidewalk cafes
shall be prepared within the existing food service establishment.
The food service establishment shall not serve food or beverages to
a patron at a sidewalk cafe area unless the patron is seated at a
table.
(5)
Any area designated for the possession of open containers, as defined by Chapter 210 of the City Code of the City of Port Jervis, is clearly separated from the rest of the public sidewalk by an appropriate barrier which shall include weighted stanchions and fencing with a minimum height of 36 inches and a maximum height of 42 inches.
(6)
Such barrier shall be of a type of material that is consistent with
the aesthetic of the neighborhood as determined by the Code Enforcement
Officer. Such barrier shall be made of steel or iron, and weighted
to prevent movement from the designated area.
(7)
No permanent structure may be affixed to the sidewalk or any building.
(8)
The sidewalk cafe area shall not violate the minimum sidewalk clearance
required for a public sidewalk under the Americans with Disabilities
Act, the regulations of the New York State Department of Transportation,
or any other applicable New York State or federal statutory requirements.
(9)
Sidewalk cafe area shall not block FDC connection.
(10)
No sidewalk cafe shall operate after 10:00 p.m. or when the
establishment for which it is associated is not open to the public.
(11)
The public property on which sidewalk cafes are located and
the surrounding area shall at all times be kept free and clear of
litter, debris and any substance that may damage the sidewalk and
surrounding premises free of litter at all times.
(12)
No live or mechanical music shall be permitted outdoors in the
sidewalk cafe area.
F.
No person shall, except as herein otherwise
provided, erect, build or place, or cause to be erected, built or
placed, or, being responsible therefor or the cause thereof, allow
to remain, within the line of any highway, street or alley, any building,
fence or other erection or structure, nor shall the said highway,
street or alley be obstructed in any manner or encroached upon by
any such building, fence, erection or structure.[1]
No person shall construct or maintain a gate
that shall swing outward over any sidewalk.
No person shall saw or split or cause to be
sawed or split any firewood in any street in the City, nor shall any
person place or permit to be placed in any roadway or sidewalk wood
or coal, nor shall the same be unloaded except in front of the premises
occupied by the person for whom it is left.
No person shall clean or spread any carpet,
rug or cloth in any street in the City, nor shall any person clean
or wash any animal or vehicle therein.[1]
[1]
Editor's Note: Original § 138-20, Depositing ashes and filthy wastes on streets; § 138-21, Depositing dirt, litter and debris on streets and sidewalks, as amended 2-8-1993 by L.L. No. 1-1993; and § 138-22, Throwing fruits and peels on streets or public places, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). For regulations regarding the deposit of litter on streets, see §§ 1219 and 1220 of the New York State Vehicle and Traffic Law.
A.
Obstruction of water prohibited. No person owning,
leasing or controlling property covering any portion of the bed or
channel of any brook or stream flowing or running through the City,
and no person owning, leasing or controlling property along the banks
of any brook or stream flowing or running through the City, shall
permit any stones, gravel, dirt, silt or other obstruction to be or
remain on said property so owned, leased or controlled by him. Any
deposit of stones, gravel, dirt, silt or other material in any brook
or stream is hereby declared to be a public nuisance.
B.
Duty of owner, occupant. Every person owning, leasing
or controlling property as aforesaid shall remove all stones, gravel,
dirt, silt or other obstruction deposited, lodged and being within
the bounds of the channel of said brook or stream on his said property
or on which his property abuts so that there shall and may be at all
times a free and uninterrupted flow of water in said brook or stream.
C.
Projecting structures regulated. No person owning,
leasing or controlling property covering any portion of the bed or
channel of Reservoir Brook, being the brook leading from the reservoir
of the Port Jervis Waterworks Company to the old Delaware and Hudson
Canal at or near the Marvin property, shall erect, build or move upon
his said land any chicken coop, garage or other building which shall
be or hang over the channel of said brook unless there shall be a
clearance of at least four feet between said structure and the bed
or channel of said brook, and any person so building or moving a structure
thereon or thereover as aforesaid shall build a solid and substantial
foundation wall of concrete under said structure along the banks of
said brook.
A.
Receptacle required.[1] No person shall draw ashes, dirt, manure, garbage, debris,
stones or refuse of any sort or kind in any vehicle upon and along
any public street or place within the City except the same be contained
in a wagon box or other receptacle sufficiently tight to prevent any
of said materials from sifting, spilling or being blown out of or
off from said wagon box or receptacle upon said street or place.
B.
Accidental deposit. Whenever any dirt, ashes, garbage,
manure or other substance aforesaid being transported over the streets
or public places shall by accident be dropped or deposited upon such
street or place, the person transporting the same shall forthwith
remove all such dirt or other substance and shall not permit such
street or place to remain littered or encumbered thereby.
C.
Dead animals. No person or persons shall draw a dead
animal or animals through the streets or public places of the City
unless said animal or animals shall be covered with a blanket sufficient
to obscure said animal or animals being so drawn.
No person shall play at any game or sport with
a ball, fly a kite nor pitch quoits in any streets within the City.
No person shall slide, coast or skate upon any
sidewalk in the City.
[Added 6-12-1989 by L.L. No. 17-1989; amended 12-13-1993 by L.L. No. 3-1993]
A.
No person shall ride, propel or operate any skateboard
as herein defined nor shall any person slide, coast or skate using
in-line roller skates as herein defined upon any street, highway,
sidewalk, public path or public parking lot within the City of Port
Jervis.
B.
The parent of any child or the guardian of any ward
shall not knowingly permit such child or ward to violate this section.
C.
A violation of this provision shall be punishable
by a fine not less than $100 but not more than $250.
[Amended 7-23-2012 by L.L. No. 2-2012]
D.
A "skateboard" is a beard of wood, plastic, fiberglass
or similar rigid material, with roller skate or other type wheels
attached, and used for gliding or moving on any hard surface.
E.
An "in-line roller skate" is a roller skate which
can be shoe-type or type which attaches to already worn shoes, with
roller skate or other type wheels attached in a single line along
the bottom, which is used to slide and coast along a hard surface.
F.
The foregoing provisions shall not apply to any City-approved
facility that would permit the use of skateboards or in-line roller
skates.
No person shall drive or lead any horse, ox,
cow, bull, goat or dog team, nor propel any cart, wagon, sleigh, wheelbarrow,
hand delivery cart or swill cart, on any sidewalk in said City, except
in crossing the same to enter a yard or lot.
No person shall place or permit to be placed
upon the windowsill or projection of any building within six feet
of the line of any public street, square or place in the City any
box, flowerpot or other article unless the same is firmly secured
to prevent its falling. The maintenance of any such box, flowerpot
or other article not so secured is hereby declared to be a nuisance.
