[HISTORY: Adopted by the Board of Trustees
of the Village of Geneseo as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Advertising matter — See Ch. 29.
Fire prevention and building construction — See Ch. 61.
Property maintenance — See Ch. 86.
Nuisances — See Ch. 87.
Sewers — See Ch. 98.
Vehicles and traffic — See Ch. 123.
Zoning and subdivision of land — See Ch. 130.
Construction specifications — See Ch. A135.
[Adopted 12-17-1984 by L.L. No. 3-1984 as Ch. 24B of the 1966 Code]
No civil action shall be brought or maintained
against the Village of Geneseo for damages or injuries to person or
property, including those arising from the operation of bicycles and
snowmobiles, sustained by reason of any highway, street, crosswalk,
culvert, street marking, sign or device or any other property which
is owned, operated or maintained by the Village being defective, out
of repair, unsafe, dangerous or obstructed, unless written notice
of such defective, unsafe, dangerous or obstructed condition of such
street, culvert, highway marking, sign or device or any other property
which is owned, operated or maintained by the Village was actually
given to the Village Clerk of the Village and there was a failure
or neglect, within a reasonable time after the giving of such notice,
to repair or remove the defect, danger or obstruction complained of;
and no such action shall be maintained for damages or injuries to
persons or property sustained solely as a consequence of the existence
of snow or ice upon any highway, street, 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 of all written notices which the Village Clerk shall
receive of the existence of a defective, unsafe, dangerous or obstructed
condition in or upon or of any accumulation of ice and snow upon any
Village street, highway, culvert or sidewalk or any other property
owned by the Village, 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. The Village Clerk, upon
receipt of such written notice, shall immediately and in writing notify
the Superintendent of Public Works of the Village of the receipt of
such notice.
A.
Nothing contained in this article shall be held to
repeal or modify or waive any existing requirement or statute of limitations
which is applicable to these causes of action but, on the contrary,
shall be held to be additional requirements to the right to maintain
such action; nor shall anything herein contained be held to modify
any existing rule or law relative to the question of contributory
negligence nor to impose upon the Village, its officers and employees
any greater duty or obligation than that it shall keep its streets,
sidewalks and public places in a reasonably safe condition for public
use and travel.
B.
Nothing herein contained, however, shall be held to
revive any claim or cause of action now barred by any existing requirement
or statute of limitations nor to waive any existing limitation now
applicable to any claim or cause of action against the Village of
Geneseo.
[Adopted 7-5-1989 by L.L. No. 4-1989]
A.
No person shall scatter, sweep, deposit or place or
cause to be swept, placed or deposited upon any alley, street, sidewalk
or public place in the Village of Geneseo any dirt, paper or refuse
of any kind, any garbage or rubbish of any description or any wood,
box, goods or any other thing.
B.
It shall not be lawful for any person to sweep from
any building or place upon the sidewalks, streets or public places
of the Village any dirt or refuse upon any of the sidewalks, streets
or public places.
No person shall ride any bicycle, motorcycle,
skateboard or motor vehicle upon any sidewalk in the Village.
A.
No owner, occupant, tenant or other person owning
or occupying or having the charge or control of any lot or premises
in the Village, which lot or premises shall adjoin any of the public
streets or alleys of the Village, shall suffer or permit any snow,
ice or other substance, encumbrance or obstruction to collect or remain
on any sidewalk fronting on or belonging to the premises, and all
such accumulations of snow, ice or other substance, encumbrance or
obstruction shall be removed from such sidewalks by such owner, occupant,
tenant or other person having the charge or control of the premises
before 12:00 noon following the deposit thereof, and such sidewalks
shall thereafter be kept free from all accumulations thereof throughout
the day.
B.
In the event that such owner, occupant, tenant or
other person shall neglect or fail to remove such accumulation of
snow, ice or other substance, encumbrance or obstruction as above
provided, then the same shall be removed under the direction of the
Board of Trustees of the Village and the expense thereof assessed
against the premises adjoining the sidewalks so cleaned.
[Added 9-14-2020 by L.L. No. 3-2020]
A.
Title. This section shall be known as the "Burning Waste Material
chapter within the limits of the Village of Geneseo."
B.
Purpose. The purpose of this section shall be to preserve the safety
of Village residents from unattended and potentially dangerous burning
on both public and private property.
C.
ENCLOSED
MANUFACTURED APPLIANCE
RESPONSIBLE ADULT
Definitions: As used in this section, the following terms shall have
the meanings indicated:
The structure is protective on all sides to contain the fire
within the confines of the structure. This includes, but is not limited
to, solid metal, stone/brick, wire screen.
A structure built specifically for the purpose of burning
allowable items in an outdoor area.
An individual 18 years or older who is not under the influence
of drugs or alcohol or otherwise unable to respond to an emergency
situation and able to responsibly supervise a fire.
D.
Prohibited acts.
(1)
No person shall burn garbage, brush, leaves, rubbish, refuse, filth,
waste, wood, paper or any other material outdoors within the Village
of Geneseo, except that open burning is permitted within any type
of manufactured appliances, such as enclosed fire pits, grills, which
contain and use gas, charcoal or burnable wood materials, as permitted
only between the hours of 6:00 a.m. and 11:00 p.m. The location and
use of food cooking grills and appliances burning solid fuel materials
shall be conducted in a manner acceptable under the provisions of
the New York State Uniform Fire Prevention and Building Code ("Fire
Code").
(2)
Any fire when atmospheric conditions or local circumstances make
such fires hazardous shall be prohibited.
(3)
Burning shall not be left unattended and without accessible means
of extinguishing, i.e., all burning shall be supervised by a responsible
adult in close proximate attendance until such fire is extinguished.
This person shall have a garden hose connected to the water supply
or other fire-extinguishing equipment or materials readily available
for use.
E.
Penalties for offenses. Any person who violates any provision of
this section shall be guilty of a violation and shall, upon conviction,
be subject to a fine of a minimum of $50 or maximum of $250.
[1]
Editor’s Note: Former § 105-7, Burning on streets,
was repealed 2-26-2018 by L.L. No. 2-2018.
A.
No person shall make or cause to be made any excavation
in any of the streets or alleys of this Village for the purpose of
putting in, taking out or repairing water-, gas or sewer lines or
for any other purpose without first obtaining the written consent
(a digging permit) of the Superintendent of Public Works or his designee.
B.
The fee for obtaining a digging permit will be established
from time to time by the Board of Trustees.
C.
All such excavations shall be repaired under the direction
of the Superintendent of Public Works or his designee, and if any
pavement has been disturbed in such excavation, it shall be relaid
by the Superintendent of Public Works, and all the expense of such
work shall be borne by the person making the excavation.
D.
If such expense is not paid, it shall be a charge
against the real estate or other property benefited or improved by
such excavation and may be included as a special assessment in the
next assessment roll.
A.
No person shall cut, girdle, mutilate or otherwise
willfully injure any shade, fruit or ornamental tree in or upon any
street, alley or public grounds within the corporate limits of the
Village of Geneseo.
B.
No person shall cut down, trim or plant any tree or
trees upon any street, boulevard or other public grounds or place
in the Village without the express permission of the Village.
All sidewalks and driveways hereafter constructed
upon any street in the Village of Geneseo shall be constructed to
conform to the Design Criteria of the Village, and no such sidewalk
shall be laid and constructed in any event except under the supervision
and in accordance with the direction of the Superintendent of Public
Works of the Village. The property owner shall be responsible for
1/2 of the cost of sidewalk repair or replacement
The owner and occupant of each Village lot fronting
on any public street in the Village of Geneseo are hereby required
to keep the grass and grass plots upon the boulevard between the sidewalk
and the center of the street in front of the lot cut and trimmed;
to cut all noxious weeds, long grass and other rank growths thereon;
and to remove and keep removed therefrom all accumulations of dirt
and rubbish.
[Added 10-15-2012 by L.L. No. 2-2012]
A.
Sidewalk permits shall be required in the MU-1 Zoning District for
items including, but not limited to, merchandise for sale and/or use
of tables, chairs or grill(s) in front of the business to which they
pertain.
B.
Sidewalk permits shall be issued by the Code Enforcement Office to
the real property owner and/or merchant.
C.
Applicants shall maintain a minimum of a thirty-six-inch-wide handicap
accessible path between the street and merchandise, tables and chairs
and grill(s) at all times. Access to the business must also be kept
free and clear of any merchandise, tables and chairs or grill(s) at
all times.
D.
Once a sidewalk permit application has been submitted, a Code Enforcement
Officer will review the application for accuracy and visit the site
to ensure that all requirements have been met.
E.
Sidewalk permits will be issued for up to one year or less, as requested.
[Amended 10-15-2012 by L.L. No. 2-2012; 9-14-2020 by L.L. No. 3-2020]
Any person, firm or corporation who violates
any provision of this article shall be guilty of an offense, as defined
in the Penal Law of the State of New York, and shall, upon conviction
thereof, be subject to a minimum fine of $50, not to exceed $250.
Each 24 hours that a violation shall continue after notice shall be
deemed a separate offense. In case any accumulations of dirt and rubbish
are permitted to collect and remain on any street, the same may be
removed by the Village and the expense thereof charged to the owner
of the premises upon which such street fronts.
