[Adopted 1-7-1929]
No builder, contractor or workman in control
of any operations or repairs upon private property shall obstruct
any sidewalk in the village or endanger the safety of pedestrians
over such sidewalk. If such building or repair operations shall necessitate
the temporary obstruction of such sidewalk or the existence of a condition
making the use of said sidewalk unsafe, the Board may, in its discretion
and subject to such restrictions as it may impose, authorize the temporary
closing of said sidewalk to public use during the period of such operations.
Whenever any building or part thereof within
10 feet of the building line is to be erected or raised to exceed
40 feet in height or whenever such a building more than 40 feet in
height is to be demolished, the owner or the person doing or causing
such work to be done shall erect and maintain, during such work, a
substantial shed over the sidewalk in front of said building and extending,
so far as practicable, from the building line to the curb. Such shed
shall remain in place until the building is enclosed or, in the case
of a demolition operation, until the building has been reduced to
20 feet in height. Every such shed shall be kept properly lighted
at night.
In any building operation that does not require
sidewalk sheds, the owner or person doing or causing such work to
be done, unless relieved by a general rule from the Village Board
or a special permit from it, shall erect and maintain in front of
the building during such building operation a substantial fence or
barricade suitable to the Building Department.
Before commencing any building operation, a
permit shall be obtained from the Village Mayor for the placing of
any building materials on said street or avenue. In no case shall
this permit be issued for or in excess of 1/3 of the street or avenue.
A suitable bond approved by the Village Mayor shall be furnished by
the person or persons occupying said portion of the street or avenue
to indemnify the Village of Waverly for any damage to the street or
avenue, sidewalk or curb, and indemnifying the village against any
liability for injuries to any person in any manner.
[Amended 6-14-1988 by L.L. No. 1-1988]
A.
A permit for storage of materials on highways shall
be issued upon application to the Village Mayor, which permit shall
include the following information:
(1)
The name of the licensee.
(2)
The specific location of the permitted storage.
(3)
Guaranties by the licensee:
(a)
To repay the village for any damage to the pavement
by reason of such use.
(b)
To keep the sidewalk at this property open at
all times for the use of pedestrians.
(c)
To keep the materials so stored on the public
highway well and sufficiently lighted at night with at least two red
lanterns.
(d)
To hold and save the Village of Waverly free,
harmless and protected from all damages in connection with the same
or by reason thereof.
B.
The fee for such permit shall be as set forth from
time to time by resolution of the Village Board of Trustees.
[Amended 6-14-1988 by L.L. No. 1-1988; 9-23-2008 by L.L. No.
1-2008]
A.
Any person violating any of the provisions of this
article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine:
(1)
First offense: up to $250 and/or up to 15 days in
jail.
(2)
Second offense for the same violation within two-year
period: minimum fine of $100 and up to $350 and/or up to 15 days in
jail.
(3)
Third offense for the same violation within two-year
period: minimum fine of $200 and up to $700 and/or up to 15 days in
jail.
(4)
Fourth offense for the same violation within two-year
period: minimum fine of $300 and up to $1,000 and/or up to 15 days
in jail.
B.
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this article a subsequent conviction will be subject
to a first offense fine.
