[Amended 11-16-2017 by L.L. No. 2-2017]
A.
Pedestrians shall have the right of way on all sidewalks.
A.
No person, without authority from the Village, shall remove, cause
to be removed or in any manner interfere with any lantern, barrier,
sign or guard erected for public safety or any survey stake or monument
placed to locate the line of any street, sidewalk or public improvement
in the Village.
A.
Sidewalks shall be kept clear of snow, vehicles, containers, garbage,
tree limbs, vegetation and any other obstructing object or substance
that would interfere with the free, full and proper use of the sidewalk
by pedestrians.
B.
The occupant of each and every house or building fronting on any
street or public place or the owner or the agent of the owner of any
vacant lot fronting as aforesaid shall at all times keep the sidewalk
and gutter along said premises clean and free from all rubbish and
obstructions of all kinds; and shall also keep closely cut all grass
and weeds along said sidewalk; and shall clear said sidewalk from
all snow and ice that shall accumulate every day by 9:30 a.m. in the
forenoon of each day; and upon default or failure to comply with the
provisions of this section, the Board of Trustees may cause such sidewalk
and gutter to be cleaned and freed from all rubbish and obstructions
or to keep such grass or weeds cut and cause such sidewalks to be
cleaned from snow and ice and assess the expense thereof upon the
adjoining lot as provided by law.
C.
The owner of a property shall prevent the accumulation of ice, snow
or water on their building to prevent the same from falling from such
buildings onto the sidewalk and interfering with the free, full and
proper use of the sidewalk by pedestrians.
D.
No person shall place any waste materials on any sidewalk or between
the sidewalk and curbline except that, on days designated by the Superintendent
of Public Works for the purpose of collection of garbage, such waste
materials in proper containers, which shall be covered when necessary
to prevent offensive odors, may be placed between the sidewalk and
curbline for removal under the direction of such Superintendent.
E.
No person shall place any advertising signs, equipment, showcase,
merchandise or other material or article upon any sidewalk, except
in front of the premises occupied by such person and then only for
such time as is necessary to transport the same across the sidewalk.
Each and every hour that any person permits any violation of this
section to continue after notice to remove the same has been given
to such person or his agent by the Chief of Police shall be deemed
a separate and distinct violation of this section. Notwithstanding
the above, an owner or occupant of a store may expose for sale goods,
wares and merchandise adjoining the outer wall of such store and within
four feet thereof, provided that such space does not exceed 1/3 of
the width of the sidewalk, provided said merchandise is so displayed
as not to unreasonably interfere with or endanger pedestrian traffic
along said sidewalk.
A.
It shall be the duty of every owner of a parcel of land within the
Village of Pulaski that has an existing sidewalk between that parcel
and the street margin, or of any parcel on which a sidewalk may be
constructed at any time in the future between the parcel and the street
margin, to maintain that sidewalk in a good, level condition and to
repair any broken sections or any unevenness and to maintain that
sidewalk to afford safe passage under normal use and weather conditions.
This duty shall apply to the parcel owner irrespective of whether
the sidewalk is located on the parcel boundary line or inside the
street right-of-way.
B.
It shall be the duty of every owner of a parcel of land within the
Village of Pulaski to maintain that portion of the area located between
the parcel boundary and the street margin that is not improved by
a sidewalk with planted grass kept mowed at a height not greater than
10 inches.
C.
Any holes or other hazards that may exist in existing sidewalks or
future sidewalks shall be promptly filled, and any necessary repairs
or replacement shall be performed promptly, weather conditions permitting.
D.
Maintenance and repair of sidewalks shall be in accordance with the
Village of Pulaski Sidewalk Specifications, as may be amended from
time to time by the Code Enforcement Officer after notification to
the Village Board of Trustees.
A.
The construction, replacement or repair of any sidewalk shall require
a permit to be issued by the Village Clerk after approval from the
DPW Superintendent.
B.
When the owner of the parcel constructs, replaces or repairs a sidewalk,
it shall be the duty of the owner of the parcel of land within the
Village of Pulaski to obtain the permit.
C.
When a contractor has been engaged to construct, replace or repair
a sidewalk, it shall be the duty of the contractor to obtain the permit.
D.
The removal of a sidewalk shall require a permit to be issued by
the Village Clerk. Permit applications for removal of a sidewalk shall
be made to the Village Clerk and shall be accompanied by a plan for
the replacement of the removed sidewalk for review by an agent of
the Village. Where a sidewalk is removed without the required permit,
the Village may replace the sidewalk at the owner's expense.
E.
The permit for the construction, replacement, repair or removal of
a sidewalk shall have no fee.
A.
Sidewalks shall be constructed completely within the right-of-way.
B.
Sidewalks shall be constructed, replaced or repaired in accordance
with the Village of Pulaski Sidewalk Specifications, as may be amended
from time to time by the Code Enforcement Officer, and in accordance
with regulations set forth herein.
C.
Sidewalks shall be included in all site plans, to be reviewed and
acted upon by the Village of Pulaski Planning Board or any other agent
of the Village.
D.
No person shall cause or permit to be conducted, from any building
owned or controlled by him, any water in such a way that the same
shall flow upon or over any sidewalk. No person shall erect, maintain
or cause or permit to be erected or maintained any eaves or other
projections upon any such building unless the same are fitted with
troughs or gutters sufficient to prevent water from flowing upon any
sidewalk.
E.
All sidewalks shall be constructed, replaced and repaired using concrete
only and shall blend smoothly with the sidewalk of the abutting or
adjacent parcel. Where a sidewalk crosses a driveway, the sidewalk
shall be constructed of concrete and shall blend smoothly with the
sidewalk of the abutting or adjacent parcel. No sidewalk shall be
constructed of asphalt or resurfaced with asphalt and/or blacktop.
F.
Concrete shall not be poured in the construction, replacement or
repair of a sidewalk prior to inspection and approval by an agent
of the Village for the form installation and subbase preparations.
G.
Joint material used in the construction, replacement or repair of
a sidewalk requires approval by an agent of the Village prior to installation.
H.
In the absence of special permission by an agent of the Village,
as provided in the permit for construction, replacement or repair
of sidewalks, sidewalks shall be constructed, replaced or repaired
between April 30 and November 21.
I.
Upon completion of the construction, replacement or repair of a sidewalk,
the ground on each side shall be graded and seeded to the satisfaction
of and approval by an agent of the Village.
J.
Construction, replacement and repair of sidewalks shall be completed
promptly so as to avoid disturbance to the use of the sidewalk for
as short a time period as possible.
K.
At all times during the course of the construction, replacement or
repair of the sidewalk, the site shall be made safe to the public
with barricades and warnings.
L.
All work done pursuant to this section shall be subject to inspection
and approval by an agent of the Village.
M.
It is the responsibility of both the property owner and the contractor
to ensure that survey markers that may have been disturbed during
construction, replacement or repair of a sidewalk are replaced in
their original location and condition.
A.
In the event that the owner of a property shall fail to repair the
sidewalk within 30 days after written notice by the Village thereof,
provided that weather conditions permit, the Village may forthwith
proceed to repair the sidewalk, and the cost or expense thereof shall
be ascertained, and a report thereof shall be filed in the office
of the Village Clerk.
B.
The cost of the work, as the same shall appear from the report on
file in the office of the Village Clerk, may be sued for and recovered
by the Village from the owner of the property on which the sidewalk
is located. If the cost is not paid on or before the first day of
March next following, the Board of Trustees shall levy the amount
thereof as part of the tax to be collected upon the premises against
which the cost shall be a lien. The same shall be included within
the completed tax roll and collected as part of the taxes against
the subject premises.
C.
In the event that the owner of a property shall fail to maintain that portion of the area located between the property boundary and the street margin not improved by a sidewalk with planted grass kept mowed at a height of not greater than 10 inches, within seven days after written notice thereof, the Village may forthwith proceed to maintain said area and mow said grass. The cost or expense of such maintenance and mowing shall be ascertained, and a report thereof shall be filed in the office of the Village Clerk, and the cost will be recovered in accordance with the provisions of Subsection B of this section.
A.
Any violation of this article shall be punishable by a fine not to
exceed the sum of $250 or by imprisonment for not more than 15 days,
or both.
B.
In the event that personal injury or property damage shall result
from the failure of any owner to comply with the provisions of this
article, the owner shall be liable to all persons injured, or whose
property is damaged directly or indirectly thereby, and shall be liable
to the Village of Pulaski to the extent that said Village of Pulaski
is required by law or by any court to respond in damages to any injured
party.
A.
No civil action shall be maintained against the Village for damages
or injuries to person or property sustained in consequence of any
streets, highways, bridges, culverts, sidewalks or crosswalks being
defective, out of repair, unsafe, dangerous or obstructed or for damages
or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any sidewalk, crosswalk, street,
highway, bridge or culvert unless written notice of the defective,
unsafe, dangerous or obstructed condition or of the existence of the
snow or ice, relating to the particular place, was actually given
to the Village Clerk and there was a failure or neglect within a reasonable
time after the receipt of such notice to repair or remove the defect,
danger or obstruction complained of or to cause the snow or ice to
be removed or the place otherwise made reasonably safe.
