[HISTORY: Adopted by the Mayor and Council
of the Town of New Windsor as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Chapter 9.04 of the 1998 Code]
No person shall encumber, block or obstruct
or in any manner interfere with the free and uninterrupted use of
the public streets and sidewalks of the Town.
[Amended by Ord. No. 97-109]
A.
Within 24 hours after the cessation of a snowfall,
the owners and/or occupants of all properties shall remove or cause
to be removed such snow from the sidewalks abutting upon those properties
to permit free and unencumbered passage of pedestrians upon the sidewalks
and prevent an accumulation of ice or the creation of hazardous walking
conditions.
B.
In the event the owner shall fail to remove such snow
upon the sidewalks or shall permit an accumulation of ice thereon
or shall permit the sidewalks to remain in a hazardous condition for
more than 24 hours after the cessation of any snowfall, then the Town
may, at the cost and expense of the owner, cause the removal of that
snow or ice or may make safe any hazardous condition resulting from
an accumulation of snow or ice, which charge or expense shall be a
lien upon the property affected and shall be collectible in the same
manner as taxes levied upon such property. Any lien provided herein
should be in addition to the penalty set forth for violation thereof
and not in substitution therefor.
[Added 11-2-2011 by Ord. No. 10-05-11B]
Owners or occupants of any property which abuts the public road or right-of-way shall be responsible for the maintenance thereof as provided in § 144-2 of this Code.
A.
No person engaged in excavating, repairs to structures
or grounds or construction or having charge or control of excavation,
repairs to structures or grounds or construction or who may be engaged
in or have charge or control of conveying material to or from excavations,
repairs to structures or grounds or construction shall deposit or
permit to be deposited, in any manner, upon the surface of any street,
alley, avenue, highway, footway, sidewalk, parking or other public
space within the corporate limits of the Town either by placing, spilling,
dropping or tracking from wheels of vehicles or from the feet of animals,
or otherwise, any earth, clay, mud, sand, gravel or other material.
If any deposit occurs, every person whose duty it is under this section
to prevent the deposit shall promptly remove the same. All macadamized
or broken stone roadways adjacent to excavations or traversed by vehicles
either in the process of conveying material from an excavation or
in returning from the place of deposit to place of excavation shall
be covered with planking so far as may be required to prevent any
mud, earth, clay or other material from the excavation or from the
place of deposit from reaching the surface of the roadway.
B.
No owner, driver, manager or conductor of any cart
or other vehicle shall carry or convey or cause to be carried or conveyed
in the vehicle any coal, earth, sand, gravel, broken stone, dirt,
ashes, paper and other rubbish or any loose fluid or offensive articles
or matter or any articles whatsoever within the corporate limits of
the Town so that the same shall or may be scattered, dropped, let
fall, blown or spilled therefrom; and all vehicles conveying combustible
refuse or foul, dusty or offensive matter of any sort shall have tight
bodies and be closely and securely covered. All vehicles conveying
wastepaper and wastepaper products, baled, sacked or otherwise, shall
be closely and securely covered.
C.
Owners of lots abutting upon streets, avenues or alleys
or upon public parking or other public space in the Town and which
are above grade shall protect those lots so as to prevent dirt, sand
or gravel or any bush, tree or like thing from falling or being washed
upon the sidewalks, streets, alleyways or other public space adjacent
to the same.
No person shall cast or throw into any street,
alley, avenue or highway, within the jurisdiction of the Town authorities,
any glass, bottle, glassware, crockery, porcelain or other similar
substance, or pieces thereof, or any pieces of iron, hardware or sharp
metal, nails, tacks, dead animals or other articles or any wastepaper,
trash, rubbish, garbage or refuse of any kind.
It is unlawful for any person, firm or corporation
to drag or run or cause to be dragged or run any harrow or other implement,
engine, machine or tool upon any asphalt, bithulitic, warrenite or
other type of permanently paved street or sidewalk of the Town thereof.
It is also unlawful to injure any dirt street in the same manner.
[Amended by Ord. No. 97-107]
A violation of any of the provisions of this
article is declared to be a municipal infraction. The penalty for
violation shall be $50 for each initial offense and $150 for each
repeated offense, in addition to the cost and expense to the Town
of the removal of the item found to be in violation or the repairs
to any street or sidewalk.
[Adopted as Chapter 9.08 of the 1998 Code]
Each owner of a lot or lots within the Town
and fronting on any street shall make or cause to be made a sidewalk
and curb in front of such lot or lots in conformity with the grade
and curbline as shall be established by the Mayor and Council. Such
sidewalks and curbs shall be made of such material and in such manner
as the Mayor and Council shall by resolution prescribe, and it shall
be the duty of such owner to keep such sidewalk and curb in good and
substantial repair.
Before any owner of any lot or lots fronting
upon any street within the Town proceeds to pave or repair any sidewalk
or curb in front of any such lot or lots, he or she shall first apply
to the Town Clerk, in writing, for the grade and curbline of such
sidewalk or curb.
Sidewalks and curbs shall be constructed, maintained
and repaired in conformity with the specifications and standards prescribed
by the Mayor and Council.
[Added 1-2-2003 by Ord. No. 11-6-02]
A.
The cost of the work being charged shall be assessed
according to the front foot of apportionment or some other equitable
basis determined by the Mayor and Council. The Town shall contribute
to the cost of the curb and gutter an amount determined by resolution
by the Mayor and Council, which shall be reviewed as deemed necessary.
B.
Payment in installments. Special assessments may be
made payable in annual or more frequent installments over such period
of time and in such manner as the Mayor and Council may decide.
C.
Billing and collection. All special assessments levied
under this section shall be billed and collected by the Town.
Whenever, in the judgment of the Mayor and Council,
it may be necessary to fill or to dig down to the proper grade or
pave or repair or relay the sidewalks or curbs in front of any lot
or lots fronting upon any street within the Town, the Mayor and Council
shall pass an order or resolution requiring the owner of any such
lot or lots to fill up or dig down to the proper grade or pave or
repair or relay the sidewalk or curb within 30 days from the time
when such owner shall have been notified of such order by the Town
Clerk, such notice to be served upon any lot owner residing within
the Town. The notice may be served personally, or the Town Clerk shall
publish it in some newspaper published in the county, not less than
four consecutive times, with the notice of 30 days to be reckoned
from the second publication. If any owner of any such lot or lots
fronting on any street in the Town shall neglect to fill up, dig down,
pave or repair or relay the sidewalk or curb within 30 days, when
notice shall have been given as aforesaid, the Mayor and Council may
immediately thereafter direct the Town Clerk to cause the work to
be done at the expense of the owner of said lot or lots, which expense,
together with an addition thereto of 10% for the expense of collection,
shall be a lien on such property until paid and shall be collected
in the same manner that ordinary taxes are collected or in the same
manner as other debts of like amount are recovered pursuant to state
law, provided that the additional 10% for the expense of collection
hereinbefore specified shall not be charged except in cases wherein
the Town is obliged to resort to legal proceedings to make such collection.
[Added 1-2-2003 by Ord. No. 11-6-02]
A.
The Mayor and Council shall have the power:
(1)
To establish and change from time to time the grade
lines, width and construction materials of any public way or part
thereof, sidewalk, curb or gutter or part thereof.
(2)
To grade, lay out, construct, reconstruct, pave, repave,
repair, extend or otherwise alter the sidewalks along any public way
or part thereof.
(3)
To install, repair and maintain curbs and/or gutters
along any public way or part thereof.
(4)
To assess the cost of any projects under this section
against the abutting property owners in the manner provided in this
article.
B.
Except when installed by the Town as provided herein,
each owner of a lot or lots within the Town and fronting on any street
shall make or cause to be made a sidewalk and curb in front of such
lot or lots in conformity with the grade and curbline as shall be
established by the Mayor and Council. Such sidewalks and curbs shall
be made of such material and in such manner as the Mayor and Council
shall by resolution prescribe, and it shall be the duty of such owner
to keep such sidewalk and curb in good and substantial repair.
