[Adopted as Ch. 18, Art. I, of the 1967 Code of Ordinances]
[Amended 8-20-1979 by L.L. No. 4-1979; 8-20-2007 by L.L. No. 13-2007]
A. 
Each owner, tenant, occupant or person in charge of any real property shall keep the public sidewalk and curb adjoining and abutting such property, and the street for a distance of 18 inches from the curbline ("gutter"), free from litter, debris, rubbish, garbage and refuse.
B. 
No such owner, tenant, occupant or person in charge of such property shall sweep or power blow litter, debris, rubbish, garbage or refuse on such sidewalk, curb or in such gutter unless all sweepings and debris are collected and removed from said areas immediately alter the use of such sweeping device or blower.
C. 
Each owner, tenant, occupant or person in charge of a commercial or mercantile business shall inspect such sidewalks, curbs and gutter before 10:00 a.m. each business day. Where there is the presence of litter, debris, rubbish, garbage and/or refuse thereon, such sidewalk, curb and gutter shall be immediately cleaned thereof.
D. 
Penalties for violation.
(1) 
Any person failing to comply with the provisions of Subsection A, B or C of this section shall be guilty of a violation.
(2) 
A violation of any provision of this section shall be punishable by a fine up to $350.
(3) 
A second or any subsequent violation of this section committed within 18 months of a prior violation hereof shall be punishable by a fine up to $500 per violation.
[Added 9-15-1997 by L.L. No. 5-1997; amended 1-22-2001 by L.L. No. 2-2001; 12-1-2003 by L.L. No. 14-2003; 9-19-2011 by L.L. No. 10-2011; 2-4-2013 by L.L. No. 3-2013; 8-23-2021 by L.L. No. 4-2021; 6-16-2025 by L.L. No. 3-2025]
A. 
No person owning any land shall allow any sidewalk, curb, path and/or public thoroughfare in front of or contiguous to such land to become or remain in any condition which might unreasonably endanger any person.
B. 
The Board of Trustees, after duly noticed public hearing, may serve a notice upon the owner of such land, specifying the place, manner and time within which said sidewalk, curb, path or public thoroughfare is required to be repaired or put in a safe condition. If the owner of such land shall not repair the sidewalk, curb, path and/or thoroughfare within the time required by the notice, the Board of Trustees may cause the repairs to be made to the sidewalk, curb, path and/or public thoroughfare or to be otherwise put in a safe condition at the expense of the fronting or adjoining landowner; such expense may be assessed by the Village Board against said fronting or adjoining land and collected in the manner of any other assessment as prescribed by law.
C. 
Bid specifications; franchise award.
(1) 
The Superintendent of the Department of Buildings is authorized to prepare bid specifications for an award of a two-year requirements contract for the repair and construction of sidewalks, curbs, paths and/or public thoroughfares.
(2) 
The Board of Trustees may award a franchise for two years after a duly noted public hearing pursuant to Village Law § 412(3)(6) to the successful qualified bidder for such repair and construction, as may be required by the Board of Trustees pursuant to Subsection B herein.
D. 
Village responsibility. The Village shall be responsible for removing a curbside tree and repairing a sidewalk or curb, provided that:
(1) 
Such sidewalk area or curb was damaged by the same tree and repaired by or on behalf of the owner of the abutting property, pursuant to this section, on two occasions; and
(2) 
The said property owner shall plant a replacement tree in the front yard area of the abutting property six feet from the sidewalk. The Superintendent of Public Works shall have the authority to determine the location of said replacement tree if the front yard setback is less than 20 feet. Said location may include either the front yard or the area between the sidewalk and curb.
E. 
Emergency situations. Where a state of emergency has been declared by the federal, state, county or Village government and where village departments, inclusive of the Department of Public Works, the Police Department, the Building Department, the Fire Department, and/or the Recreation Department, are called into action for an emergency situation involving Village trees, streets, sidewalks, curbs or paths, the Mayor or his designee(s) may order:
(1) 
Immediate removal, repair or public protection measures as required for the public safety and welfare.
(2) 
Such action as deemed necessary for the safety and welfare of persons or property where a privately owned tree, sidewalk, curb or path constitutes an immediate danger.
(3) 
The personnel of the subject village departments to remain on duty with respect to hours of service, location of duty, and services to be performed as deemed necessary for the public safety and welfare. Under such emergency conditions, the provisions of any collective bargaining agreement, contract of employment, noncontractual terms of employment or appointment shall be deemed to include payment or reimbursement for any related expenses incurred by such personnel, including private vehicle usage, loss of income from non-Village employment, gasoline, meals, emergency equipment or tools purchased or rented, medical care for injuries sustained and damage to private property of such personnel used in the emergency service.
F. 
The adjoining landowners or occupants shall be responsible for the maintenance and repair of sidewalks, curbs and paths and, upon breach of such responsibility and duty, shall be responsible to those who are injured thereby.
G. 
No civil action may be maintained against the Village of Lynbrook for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, or crosswalk being defective, out of repair, unsafe, dangerous, or obstructed unless, before the occurrence resulting in such damages or injury, a) notice of the defective, unsafe, dangerous, or obstructed condition was delivered to the Village Clerk at 1 Columbus Drive, Lynbrook, New York 11563 in the form of a written physical hard copy and b) the Village failed or neglected to repair or remove the defect, danger, or obstruction within a reasonable time after being given such notice. No action may be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, or street unless a) notice thereof relating to the particular place was delivered to the Clerk at 1 Columbus Drive, Lynbrook, New York 11563 in the form of a written physical hard copy and b) the Village failed or neglected to cause such snow or ice to be removed or to otherwise reasonably make safe the place within a reasonable time after the receiving the notice. Notice of a defect submitted via email, the Village's website, any service, website, or application the Village uses to allow the public to submit reports or service requests to the Village, comments on a social media page maintained by the Village, or any other electronic means does not satisfy the process and procedure for submitting written notices of defect required by this section.
[Added 12-5-1988 by L.L. No. 16-1988]
A. 
Findings. Vehicles left unattended on streets during and after a snowfall have been known to obstruct snowremoval operations by impeding the clear passage of snowplows and other snow-removal equipment. This chapter has been enacted to compel the owners of vehicles to become more responsive to the cooperative effort needed to expedite snow-removal operations and to combat the paralyzing effect of snow accumulation upon Village roads during a snow emergency as declared pursuant to this chapter.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MAYOR
The Mayor of the Village of Lynbrook.
PARK
Leaving a vehicle standing motionless and unattended for an interval of time longer than necessary to board or unload passengers or freight.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
VILLAGE STREET
Any street, road, highway or cul-de-sac over which the Department of Public Works of the Village of Lynbrook has jurisdiction for snow removal.
C. 
Authorization for Mayor to declare and to terminate a snow emergency. The Mayor is hereby granted the authority to declare a snow emergency within the Village of Lynbrook. He shall also have the authority to declare the termination thereof when in his judgment there is no further requirement for such declaration.
D. 
Notice of declaration and termination of snow emergency. Due notice of a declaration of snow emergency and due notice of its termination shall be given to the public through the use of such audible and visual media of communication as may be available at the time of snow emergency is declared or terminated through facilities such as local radio and television broadcasting and telecasting stations, newspapers, municipal bulletin boards or any other form of communication capable of giving notice to the public.
E. 
No parking during snow emergency. It shall be unlawful for an owner of a vehicle to park or permit his vehicle to be parked on any Village street during a snow emergency until such time as the snow emergency has been terminated, pursuant to the provisions of this chapter.
F. 
Penalty. Any person committing an offense against Subsection D of this section is guilty of a traffic infraction punishable by a fine not exceeding $100.
[1]
Editor's Note: Former § 212-2, Obstructing streets and sidewalks, was repealed 12-1-1980 by L.L. No. 17-1980.
A. 
Prohibited. No person shall obstruct, encumber or impede any public area in the Village.
B. 
Permits for temporary use. Any person may apply, in writing, to the Board of Trustees for a permit authorizing temporary use of a public area. Such application must set forth the name and address of the applicant, the exact location for the area under request, the reason therefor, the duration of time required for such use and the nature of the temporary use. The Board of Trustees may grant or deny such a permit and may impose conditions necessary to protect the general welfare, safety and health of the general public and will require insurance liability coverage from the permittee in an amount to be determined by the Board of Trustees to hold the Village harmless from any claim arising therefrom. Upon approval by the Board of Trustees, such permit shall be validated by the Mayor or his authorized agent.
C. 
No person shall place or maintain an operating device for the vending of newspapers or magazines or a news rack, bin or similar device for the distribution, circulation or dissemination of printed material of any nature on a public area in the Village without receiving a permit from the Village Clerk for each such device. Such permit shall be for a period of one year. The fee for each such permit shall be set by resolution of the Board of Trustees. All applications for such permits shall be reviewed by the Chief of Police for the sole purpose of determining whether the proposed location of the device will create a hazard to pedestrians or vehicular traffic or endanger the safety and welfare of persons using said public area. In the event that the Chief of Police determines that the location will not create such a hazard or endangerment, the Village Clerk shall issue the permit after the approval and signature of the Mayor.
[Added 3-21-1988 by L.L. No. 8-1988; amended 3-2-1998 by L.L. No. 12-1998]
[Added 8-11-2008 by L.L. No. 2-2008; amended 4-19-2021 by L.L. No. 2-2021]
A. 
Legislative findings. The Village Board has found that the riding, use and/or operation of bicycles, in-line skates, roller skates or skateboards in certain commercial areas in the downtown part of the Village constitutes a danger and a hazard to the persons and property of individuals lawfully frequenting such sidewalks and streets. It has been determined that the safety and well-being of the members of the general public and the protection of property would be advanced by a prohibition of these activities in those certain areas of the Village.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BICYCLE
Every two- or three-wheeled device upon which a person or persons may ride, propelled by human power through a belt, chain or gears, with such wheels in tandem or tricycle, except that it shall not include a device as having solid tires and intended for use on a sidewalk by pre-teenage children.
IN-LINE SKATES
A manufactured or assembled device consisting of an upper portion that is intended to be secured to a human foot, with a frame or chassis attached along the length of the bottom of such upper portion, with such frame or chassis holding two or more wheels that are longitudinally aligned and used to skate or glide, by means of human foot and leg power while having such device attached to such foot.
ROLLER SKATE
A manufactured or assembled device consisting of a frame or shoe having clamps or straps or both for fastening, with a pair of small wheels near the toe and another pair at the heel mounted or permanently attached thereto, for skating or gliding by means of human foot and leg power.
SKATEBOARD
A narrow board of wood, plastic, fiberglass or similar material with roller skate or other type of wheels attached to each end and used for gliding or moving on any hard surface without a mechanism or other device for steering while being used, operated or ridden.
TRAFFIC
Pedestrians, vehicle use, skateboard use, use of in-line skates, or use of roller skates on any street, highway, sidewalk or appurtenance thereto or on private property as defined in Vehicle and Traffic Law § 1640-a.
C. 
Prohibition. It shall be unlawful:
(1) 
To ride or operate an in-line skate, roller skate, or a skateboard in any manner upon the sidewalks, appurtenances, municipal parking lots, and/or streets in the specific designated areas in the Village set forth in § 212-4D, and to ride or operate a bicycle in any manner upon the sidewalks, appurtenances, and municipal parking lots in the specific designated areas in the Village set forth in § 212-4D. It shall also be unlawful to ride or operate a bicycle in any manner upon the sidewalks, appurtenances, municipal parking lots, and/or streets in the specific designated areas in the Village set forth in § 212-4D when such street or municipal parking lot is closed to vehicular traffic.
(2) 
Authorization by parent or guardian.
(a) 
For a parent of a child or a guardian of a ward under the age of 18 years to authorize or permit said child or ward to ride or operate a bicycle, an in-line skate, roller skate or a skateboard upon the sidewalks, appurtenances, municipal parking lots and/or streets in the aforesaid specifically designated areas in the Village.
(b) 
Where a parent or guardian of such child under the age of 18 authorizes or permits such child's use or operation of a bicycle, an in-line skate, roller skate or skateboard, there shall be a rebuttable presumption that such parent or guardian authorized such use in violation of Subsection C(1) or (2) herein.
D. 
Areas of prohibition. The prohibition set forth in § 212-4C applies to the streets, sidewalks and appurtenances in the following areas in the Village:
(1) 
Hempstead Avenue between Blake Avenue and Merrick Road.
(2) 
Atlantic Avenue between Merrick Road and Lincoln Place and Roosevelt Street.
(3) 
Broadway between Merrick Road and Union Place.
(4) 
Stauderman Avenue: all of Stauderman Avenue.
(5) 
Sunrise Highway between Peninsula Boulevard and Forest Avenue.
(6) 
Merrick Road between Columbus Drive and Earle Avenue.
(7) 
Municipal Parking Lot No. 20.
E. 
Penalties. Any person violating a provision of this section shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine not to exceed $500 and/or 15 hours of community service.
F. 
Effective date. This section shall take effect immediately upon filing with the Secretary of State.
[1]
Editor's Note: Former §§ 212-4 through 212-4.13, regarding awnings and canopies, as added 10-7-1991 by L.L. No. 7-1991, were repealed 3-2-1998 by L.L. No. 12-1998. See now Ch. 203, Signs, § 203-7.1.
Where shrubbery obstructs, or tends to obstruct, the view of intersecting streets or highways, such shrubbery shall be cut and trimmed to a height of not more than three feet from a point 20 feet from the inside sidewalk line.
A. 
Clearance prescribed. It shall be the duty of every owner of real property in the Village to keep all trees in front of his premises trimmed so that overhanging limbs will not interfere with passersby in the sidewalk or roadway. All overhanging limbs shall be at least eight feet above the center of the sidewalk and 13 feet above the roadway.
B. 
Enforcement of section. It shall be the duty of the Superintendent of Public Works or the Foreman of the Department of Public Works to see that the provisions of this section are enforced.
[Amended 9-11-1978 by L.L. No. 14-1978]
A. 
Permit required. No person shall remove any shade tree planted or growing upon or adjacent to any public sidewalk, street or highway within the Village, except upon a permit to be issued by the Superintendent of the Building Department upon an application thereof.
B. 
Application for permit. The application for such permit shall contain an agreement on the part of the applicant that he will remove the tree or trees at his own cost and expense and hold the Village harmless; that he will replace said tree with a live pin oak (genus quercus) tree, willow oak, Bradford pear or sophona tree at least 10 feet in height above the existing sidewalk grade within four months; in addition, that he shall properly care for said tree to assure its continued life; that if he does not replace said tree within such time, the Village may cause a tree to be planted in the place and instead of the tree removed and charge the cost thereof to the applicant in addition to any penalty imposed for such violation.
A. 
Prohibited; exception. No person shall place or cause to be placed or suffer or permit to be kept any stone, timber, lumber, concrete blocks or other building material or any boxes, barrels, casks or any similar article or substance whatsoever in the Village so as to obstruct or impede in any manner the free and uninterrupted use of the street, except that any person who is the owner of or engaged in the erection of any building may apply to the Board of Trustees, in writing, for a permit for the partial obstruction of such public street during such building operations, which written application shall state the reason for such application and the length of time for which such permit is desired.
B. 
Issuance; scope of permit. The Board of Trustees may, in its discretion, grant a written permit for such partial obstruction, to be signed by the Mayor and countersigned by the Clerk, which permit shall state the length of time, the purpose and extent for which it is granted.
No person shall dig, remove or carry away or cause to be dug, removed or carried away any stone, earth, sand or gravel from any public street, highway, sidewalk or public place in the Village, except such as may be necessary in the construction of a sidewalk, without a written permit from the Board of Trustees.
A. 
No person shall construct or cause to be constructed any drain to lead from any building across, over or under any sidewalk in any street, road, avenue or highway in the Village without permission therefor having first been obtained from the Board of Trustees to do so.
B. 
Prohibited drainage. No person in the conduct of any business or enterprise in the Village shall permit or allow the flow of water from any spigot, hose, outlet, drain or any other source from which water may flow or be ejected or emitted across or over any sidewalk in any street, road, avenue or highway in the Village.
A. 
Removal of barriers. No person shall remove, displace or in any manner interfere with any barrier, guardrail or other object which shall have been placed along or across any public street in the Village for the purpose of preventing persons, animals or vehicles from entering upon any street in which a roadway is about to be, is being or has been recently constructed.
B. 
Removal of lanterns or signals. No person shall remove, displace or in any manner interfere with any lantern or other signal which shall be used as a danger sign to warn approaching travelers at any place that a highway, street or sidewalk is about to be, is being or has been recently constructed.
No person or persons shall enter upon or drive any vehicle, with or without motive power, upon any roadway or sidewalk in process of construction, reconstruction or repair, nor shall any person drive any such vehicle upon any sidewalk or across or upon any street curbstone except for the purpose of entering or leaving a driveway accessory to a building. Such entry or exit shall be through a curb cut or ramp connected with the street or roadway.
A. 
Generally. It shall be unlawful to make repairs to any vehicle in any public street or public place in the Village, except in an emergency.
B. 
Parking; storage. It shall be unlawful to park or store any vehicle in any public street or public place in the Village for the purpose of holding or keeping such car to make repairs thereafter, except in case of emergency repairs.
C. 
Painting; cleaning. It shall be unlawful to paint, clean or wash any vehicle or part thereof in any public street or public place in the Village.
A. 
Prohibited. No person shall place or leave or allow to be placed or left any wagon, cart, engine, road rollers, tractor used for agricultural purposes, tractor crane, power shovel, road-building machine, snowplow, road sweeper, sand spreader, well driller, electric truck used in a factory or other vehicle, other than a motor vehicle, not in actual use at the time in any of the highways or public streets of the Village, except as provided herein.
B. 
Lights required. Any such vehicle, other than a motor vehicle, when upon a highway or public street in the Village during the period from sunset to sunrise, must display two lights in front and a red light in the rear which shall be visible from a point at least 500 feet distant.