[HISTORY: Adopted by the Board of Trustees of the Village of Lake Success as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-23-1965 as Chapter III of the Revised General Ordinances]
No person shall place upon any tree, electric or telephone pole, fence, barrel or box, hydrant or any other structure or object, in any road, street or public place of the Village any handbill, poster, notice, sign or advertisement within the Village, excepting official notices of the Village.
No person shall deposit, place, throw, scatter or cast any commercial handbill in or upon any public place within this Village, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill in any public place to any person willing to accept such noncommercial handbill.
Any person having accidentally or otherwise caused glassware, nails, tacks, metalware or sharp or penetrating substances to be upon the surface of any road or street in the said Village shall immediately remove same.
No person shall place, consent to or cause to be placed or keep or suffer to be kept any stone, timber, lumber or other materials for building or any box, barrel, cask or any article or articles, substance or substances whatsoever, upon any of the streets, highways, sidewalks or public places within the Village of Lake Success so as to obstruct or impede in any manner with the free and clear access thereto or passage thereover in a free and unhampered manner at all times, unless such person shall first obtain from the Board of Trustees a permit therefor, signed by the Clerk of the Village, limiting the area and location of such obstruction. The granting of such permit shall be conditioned upon the placing of adequate warning red lights between the hours of dusk and dawn at regular intervals in and about the obstruction apprise the public of same and upon keeping the gutter of any roadway clear for the passage of water or upon any other conditions the Board of Trustees shall deem necessary.
No person shall erect or maintain or cause to be erected or maintained any awning, roof, sign, branches of any tree or any obstruction or projections of any kind extending over any street, highway, sidewalk or public place which shall be less than 10 feet above the level of sidewalk or roadway.
On corner lots in residence districts, it shall be unlawful to plant, grow, maintain, erect or suffer to exist any structures, shrubbery, trees or hedges which shall obstruct the view of converging or intersecting traffic within a triangular section bounded by the two intersecting streets and a line drawn between two points 20 feet from the said intersection on each street or, if on a curved or rounded turn, within an area bounded by any fifty-linear-foot segment of an arc measured along the street curb and the chord connecting the ends of such arc. For the purpose of this chapter, shrubbery or hedges less than three feet high or tree branches more than nine feet high, measured from the gutter or curb level, shall not be deemed to obstruct the view.
Upon notice of a violation of the foregoing, the owner, occupant and/or person maintaining the property upon which the violation exists shall have seven days from the date of service of such notice within which to comply. Otherwise, the Board of Trustees may rectify the condition and assess the costs for removing the condition and violation against said owner. Such violator shall also be subject to the penalties hereinafter set forth.
No person shall excavate, break, alter or disturb the grade, paving or curbing of any street, highway or public place within the Village limits, or excavate or construct any sidewalk, unless such person shall first obtain from the Board of Trustees a permit therefor, signed by the Clerk of the Village, limiting the area and location and duration of such excavation, alteration or disturbance. Any such person is required to make a temporary closing of all street openings, using suitable material which will permit a hardtop over the opening, the temporary closing to be maintained flush with grade by the contractor for a period not to exceed six months, the date to be determined by the Village Inspector. At all times while any opening in any portion of the Village property remains unclosed and unattended, such opening shall be protected by suitable barricades and, from dusk until dawn, by warning lights, all to the satisfaction of the Village Inspector.
On notification by the Village, such persons shall comply fully with all specifications attached to the permit and replace the temporary closing with permanent paving at his sole expense. Notwithstanding the above, all restoration of utility cuts or road openings on any Village road or street shall include curb to curb resurfacing. The road resurfacing shall include the entire road surface to the stop lines of the nearest street intersections on both sides of the patch.
[Amended 6-12-2000 by L.L. No. 5-2000]
Specifications for restoration, closing, maintenance and paving shall be formulated by the Village Engineer or Building Inspector in such a manner as to ensure that suitable materials are used and that the work is performed in a safe and workmanlike manner. Specifications shall be attached to any permit issued pursuant to this article and shall set forth additional regulations and requirements for backfilling, subsurface preparation, base paving and road resurfacing.
[Added 6-12-2000 by L.L. No. 5-2000]
Specifications shall include the following:
[Added 6-12-2000 by L.L. No. 5-2000]
Resurfacing shall consist of a one-inch thickness of Nassau County Type 1A top coarse constructed pursuant to the New York State Department of Transportation Standard Specifications of 1995, as amended.
Prior to any resurfacing, milling will be required at curblines, catch basins, electric vaults and traffic magnetometers.
All other castings and appurtenances on the affected road surfaces shall be raised and adjusted to meet the new paving grades. These shall include sanitary sewers, drainage, electric and telephone manholes as well as all water and gas valve box castings.
Immediately prior to resurfacing, a tack coat shall be applied to the existing road surface pursuant to New York State Department of Transportation specifications.
Immediately after resurfacing, all pavement markings shall be restored with thermoplastic markings conforming with Item 697 of the New York State Department of Transportation specifications.
Each application for a permit pursuant to this article shall be accompanied by a deposit in the form of a certified check or a satisfactory bond in such sum as shall be determined by the Board of Trustees to guarantee proper and complete restoration of disturbed earth and pavement and that the temporary closing and permanent pavement shall be satisfactorily maintained and completed.
[Amended 6-12-2000 by L.L. No. 5-2000]
No new driveway shall be constructed entering onto any street or highway unless a permit shall first be obtained from the Board of Trustees and issued by the Village Clerk. The fee for such permit shall be in accordance with the Schedule of Fees adopted by the Board of Trustees.
Should the vehicular or other use of a driveway, in the opinion of the Board of Trustees, be or become dangerous to pedestrians or create a traffic hazard, then the Board of Trustees shall give notice in writing to the owner of record of the abutting premises to discontinue such use of such driveway and to restore, within 10 days, the curb, sidewalk and/or shoulder grade to their original or proper condition.
No person shall construct or maintain any driveway, passageway or walk of concrete, brick, stone or other material from or to any public street or highway within the Village so as to block or in any way obstruct the gutter of a street or highway.
No driveway from any abutting lot shall enter upon any state or county highway or onto Horace Harding Boulevard where access to any other street, road or highway is practicable.
The owner or occupant of any building and the owner or person entitled to possession of any vacant lot and any person having charge of a church or a public building in the Village shall keep the sidewalk, if any, in front thereof free from the obstruction of snow and ice and free from dirt, filth, hedges and weeds or other obstructions and encumbrances and shall keep and maintain such sidewalk in safe and proper condition, and shall be solely liable for any claim for property damage or bodily injury on the sidewalk, including the defense and indemnification of the Village against such claim.
[Amended 4-5-2010 by L.L. No. 2-2010]
Leaders or drains erected or attached to the side of a house or building shall be so placed that a flow of water therefrom shall not run over a sidewalk in the Village. No drain shall be maintained in such a manner as to permit the flow of any water underneath the curbing or roadway of any street in the Village.
Editor's Note: Original Section 11, Vehicles without tires, and Section 12, Truck limitations, which immediately followed this section, were repealed 3-4-1985 by L.L No. 1-1985.
No dwelling, house, barn, garage or outbuilding or any other structure shall be moved upon the streets or highways within the Village limits without first procuring a written permit therefor from the Board of Trustees.
All permits shall be granted upon the written petition endorsed by the owner only and stating in detail the intended route through the Village streets and kind of structure to be removed.
No permit shall be granted unless there is deposited by the petitioner with the Village Clerk, at the time of submitting the petition, a surety company bond or cash deposit in such amount as shall be determined by the Board of Trustees to guarantee the proper repairs of any street, sidewalk, curb, trees or other municipal property damaged or injured by any such removal, and upon such further terms and conditions as may be prescribed by the Board of Trustees.
There shall also accompany the petition aforesaid a statement in writing, endorsed by the contractor, stating that said removal is possible without causing substantial damage to trees, shrubbery or to any municipal or public utility property along the route described and written approval from any public utility companies having property along the proposed route.
No person shall erect telegraph, telephone or electric light poles or string wires in, over or upon the streets or public grounds of the Village without first procuring the approval of the Board of Trustees and the written permission of the Village Clerk.
[Amended 4-16-1979 by L.L. No. 1-1979; 3-4-1985 by L.L. No. 1-1985; 4-14-1993 by L.L. No. 8-1993]
An offense of the provisions of this article shall constitute a violation under the Penal Law and shall be punishable, upon conviction thereof, by a fine of not more than $1,000 or by imprisonment for not more than 15 days, or both.
[Adopted 6-12-1989 as L.L. No. 3-1989]
[Amended 4-8-1996 by L.L. No. 3-1996]
No civil action shall be maintained against the Village for damages or injuries to person or to property, including those arising from the operation of any mechanical or transportation device or equipment, sustained in consequence of any highway, street, sidewalk, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village 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 such defective, out of repair, unsafe, dangerous or obstructed condition or of the existence of the snow or ice relating to a particular place was actually given to the Village Clerk of the Village, 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 place otherwise made reasonably safe. No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, street, bridge, culvert or any other property owned by the Village unless written notice thereof, specifying the particular place, was actually given to the Village Clerk of the Village, and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
The Village Clerk of the Village shall keep an index record, in a separate book, of all written notices, that the Village Clerk shall receive of the existence of a defective, out of repair, unsafe, dangerous or obstructed condition in or upon any highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village or of any accumulation of snow or ice thereon, which record shall state the date of the receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of such notice shall be preserved for a period of five years from the date it is received, and upon receipt of any notice, the Village Clerk shall notify the Mayor forthwith.
Nothing contained in this article shall be held to repeal or modify or waive an existing requirement or statute of limitations that is applicable to these causes of action; but, on the contrary, shall be held to be additional requirements to the right to maintain any such action. Nothing herein contained shall be held to modify any existing rule of law relative to the question of contributory negligence or to impose upon the Village, its officers and employees, any greater duty or obligation than that the Village shall maintain its highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village in a reasonably safe condition for public use or travel.