[HISTORY: Adopted by the Board of Trustees
of the Village of Weedsport 2-1-1995 by L.L. No. 1-1995. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 42.
Excavation, removal and storage of materials — See Ch. 67.
Mobile homes and mobile home courts — See
Ch. 115.
Notification of defects — See Ch. 126.
Peddling and soliciting — See Ch. 138.
Snowmobiles and all-terrain vehicles — See Ch. 169.
Subdivision of land — See Ch.
182.
Vehicles and traffic — See Ch. 198.
The purpose of this chapter is to provide for
the protection of the health, safety, and welfare of the residents
of the Village of Weedsport by providing for the construction, maintenance,
repair and use of sidewalks within the Village of Weedsport and providing
for excavating beneath sidewalks, highways, roads, public streets
or property abutting upon public streets within the Village of Weedsport.
This chapter shall hereafter be known and cited
as the "Sidewalk Law."
This chapter is adopted under the authority
of the laws of the State of New York.
This chapter repeals and replaces Local Law
No. 6-1985.
As used in this chapter, the following definitions
will prevail:
The boundaries of a roadway, whether marked by a curbstone
or unmarked.
Any vehicle powered by other than muscular power.
Includes an individual, partnership, corporation, receiver,
association, executor, administrator, trustee, guardian, or other
person having a legal interest in property.
Includes all persons making use of public streets or sidewalks
for foot passage.
That portion of a street outside of the roadway used or set
aside for use of pedestrians or that portion of land abutting a roadway
used or set aside for the use of pedestrians.
A.
All sidewalks shall be set to the grade and line as
established by or as shall be established by the Superintendent of
Public Works[1] of the Village of Weedsport.
B.
All sidewalks constructed within the Village of Weedsport
shall meet specifications as established by the Board of Trustees
and filed separately.
C.
All excavated materials shall be removed from the
premises where a sidewalk is constructed, reconstructed or repaired.
No person shall construct, reconstruct or grade
a sidewalk within the Village of Weedsport until he shall have obtained
the slope, grade, width, pitch and location from the Superintendent
of Public Works of the Village of Weedsport.
A.
Ice and snow.
(1)
The owner or occupant, tenant, lessee, undertenant,
receiver or assignee of premises abutting any street where a sidewalk
has been laid shall keep the sidewalk on such premises free and clear
from snow and ice at all times. If the owner or occupant above-mentioned
shall fail to remove snow or ice within 24 hours after it has fallen
or formed on the sidewalk, the Village of Weedsport may provide for
the removal thereof at the expense of the owner of such premises;
said expense to be enforced pursuant to § 178-16C(1) of
this chapter. In addition, in the event such snow and ice is not removed
within 48 hours after it has fallen or formed on the sidewalk, the
Village of Weedsport may enforce a penalty as set out in § 178-16C(2)
of this chapter.
[Amended 2-10-2021 by L.L. No. 1-2021]
(2)
The owner or occupant of premises above-mentioned
shall be deemed to have notice of ice and snow upon its falling or
forming on the sidewalk, and no further notice shall be required.
(3)
No person shall shovel, plow, throw or otherwise deposit
any snow or ice on any sidewalk, street, highway or other public way
within the Village of Weedsport.
(4)
A person shall not permit the eaves of any building
owned or occupied by him to shed water upon any sidewalk abutting
the premises and shall keep the eaves and gutters of any such building
open and free from accumulating ice and snow upon any sidewalk within
the Village of Weedsport.
B.
Obstructions.
(1)
No person shall place or cause to be placed or permit
to remain upon any sidewalk within the Village of Weedsport any obstruction
to the free use of such sidewalk, except as expressly authorized or
permitted by the Village Board of Trustees.
(2)
If the owner or occupant above-mentioned shall fail
to remove obstructions within 12 hours after written notice has been
served upon the owner or occupant, or posted on the door of an occupied
building on the premises, or mailed to the owner, as appears in the
tax records of the Village of Weedsport, the Village of Weedsport
may provide for the removal thereof, at the expense of the owner of
said premises, and this charge shall become a lien on the premises
benefitted thereby and shall be collected by the Village Treasurer
as provided by law.[1]
C.
Deposit of harmful materials.
(1)
No person shall place or cause to be placed upon the
surface of any sidewalk any glass, metal, stone, tacks, nails, or
other material or substance of a nature or kind likely to cause injury
or other damage to pedestrians or other users of the sidewalk. Due
to the dangerous nature of the materials described above, the Village
of Weedsport may provide for the removal thereof at the expense of
the owner of such premises, and such charge shall become a lien against
the premises benefitted thereby, added to the next real property tax
bill, and shall be collected by the Village Treasurer as provided
by law for the collection of real estate taxes.
(2)
The owner or occupant of premises above-mentioned
shall be deemed to have notice of the deposit of harmful materials
and no further notice shall be required.
No person, individual, association or corporation
shall take up or remove any portion of any sidewalk or gutter for
any reason without first having obtained permission from the Board
of Trustees of the Village of Weedsport. Such permission may be given
upon the condition that the person obtaining such permission shall
replace such sidewalk or gutter in accordance with the provisions
of this chapter. Permission may also be conditioned upon the person
obtaining such permission, completing such work within a specified
period of time, and upon posting such security as required by the
Board of Trustees of the Village of Weedsport.
It shall be the duty and obligation of each
owner of premises to keep in good order and repair the sidewalk in
front of his premises or along the side of his premises, if it is
a corner lot. If the owner or occupant shall fail to keep the sidewalk
in good repair or order or to make the same in good repair or order
within 30 days after written notice given to the owner or occupant
or posted upon the door of any occupied building on the premises,
or mailed to the owner of the premises as appears on the tax records
of the Village of Weedsport, the Village of Weedsport may provide
such repairs and/or good order to and for said sidewalk at the expense
of the owner of said premises, and the cost shall become a lien upon
the premises benefitted thereby, added to the next real property tax
bill, and shall be collected by the Village Treasurer as provided
by law for the collection of real estate taxes.
No person shall paint, mark, write, print or
stencil any letters, figures, pictures, characters or marks of any
kind upon any of the sidewalks within the Village of Weedsport, whether
for advertising purposes or otherwise, without the prior permission
and approval of the Village Board of Trustees of the Village of Weedsport.
No person shall leave or deposit any goods,
wares, or merchandise upon any sidewalk without the prior permission
of the Board of Trustees of the Village of Weedsport.
No person shall excavate beneath any street,
avenue, alley, or roadway within the Village of Weedsport without
obtaining prior approval from the Superintendent of Public Works of
the Village of Weedsport. Prior to such approval, an application must
be made and submitted to the Superintendent of Public Works of the
Village of Weedsport, which application shall contain a statement
specifically describing the work to be done, the name or names of
the persons who shall perform such work, and any other information
as required by the Superintendent of Public Works of the Village of
Weedsport pertaining to the proposed excavation. The Superintendent
of Public Works of the Village of Weedsport may require security or
some other assurance from the applicant to indemnify the Village of
Weedsport for any damage resulting from the proposed excavation as
he may deem necessary and proper. Any person receiving approval by
the Superintendent of Public Works of the Village of Weedsport to
excavate shall cause the work to be completed within such time and
in such manner as the Superintendent of Public Works shall direct
and shall cause any opening made to be repaired and restored in as
good condition as it was before the excavation was made or in such
condition as may be required by the Superintendent of Public Works
of the Village of Weedsport.
No person shall change the grade of any street,
avenue, alley, road or lane within the Village of Weedsport without
prior permission from the Board of Trustees of the Village of Weedsport.
No person, individual, association or corporation
shall obstruct or otherwise encumber any street or sidewalk within
the Village of Weedsport for the purpose of repairing, welding, overhauling
or otherwise altering motor vehicles or other machinery or performing
any other outside work.
[Amended 2-10-2021 by L.L. No. 1-2021]
A.
Violations
and penalties.
(1)
Notwithstanding
any of the provisions and remedies contained elsewhere herein, failure
to comply with any section of this chapter shall be a violation.
(2)
Each
day that a prohibited condition as defined in this chapter shall be
allowed to continue to exist shall constitute a separate violation.
(3)
This
chapter may be enforced as follows:
(a)
In the event any violations shall continue for more than 24 hours
after snow has fallen or ice has formed, or an obstruction has been
created on the sidewalk, then the owner or person responsible shall
be guilty of a violation, punishable by a fine equal to the reasonable
expense of removing said dangerous conditions, obstructions, or ice
and snow; or
(b)
In the event any violations shall continue for more than 48 hours after snow has fallen or ice has formed on the sidewalk, in addition to the penalty provided in Subsection A(1) above, the owner or person responsible shall also be guilty of a violation, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
B.
Enforcement.
(1)
This
chapter and its provisions shall be enforced by the Village Police
Department and/or by Village Code Enforcement responsible for enforcement
of the Village Code and/or by any employee of the Village who shall
be specifically empowered to do so by resolution of the Village Board.
[1]
Editor's Note: Former § 178-17, Penalties for offenses,
was repealed 2-10-2021 by L.L. No. 1-2021.
