[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]
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.
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.
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.
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.
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]
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.
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.
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]
The Mayor and Council shall have the power:
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.
To grade, lay out, construct, reconstruct, pave, repave, repair, extend or otherwise alter the sidewalks along any public way or part thereof.
To install, repair and maintain curbs and/or gutters along any public way or part thereof.
To assess the cost of any projects under this section against the abutting property owners in the manner provided in this article.
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.