[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.[1]
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.
A.
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.
B.
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.
C.
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.[1]
A.
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.
B.
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]
C.
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]
D.
Specifications shall include the following:
[Added 6-12-2000 by L.L. No. 5-2000]
(1)
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.
(2)
Prior to any resurfacing, milling will be required
at curblines, catch basins, electric vaults and traffic magnetometers.
(3)
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.
(4)
Immediately prior to resurfacing, a tack coat shall
be applied to the existing road surface pursuant to New York State
Department of Transportation specifications.
(5)
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.
E.
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]
A.
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.[1]
B.
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.
C.
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.
D.
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.
A.
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]
B.
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.[1]
[1]
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.
A.
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.
B.
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.
C.
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.
D.
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.
