[Adopted 3-28-1960 by Ord. No. 7.3 of the Unified Code of Ordinances of 1960 (Ch. 75 of the 1968 Code)]
No person shall encumber any street, sidewalk
or public ground in the Village of Patchogue with any material whatever,
or erect or maintain any encroachment, sign or projection in, over
or upon any of the streets, sidewalks or public grounds, or make any
excavations in, upon or immediately adjacent to said streets, sidewalks
or public grounds or obstruct any street, sidewalk or public ground
within the Village of Patchogue so as to hinder, impede and delay
free traffic for a longer period than five minutes, without a special
permit from the Board of Trustees.
No person shall cast or throw or cause to be
cast or thrown into any of the highways, streets, avenues, alleys
or public places or into any of the drains, ditches or watercourses
within the Village of Patchogue, any straw, shavings, wood, stones,
shells, tin cans, broken crockery, ashes, rubbish or any filth, or
cause any obstructions, nuisances or injury to the same by diverting
or stopping the course thereof.
[Amended 7-8-1974 by L.L. No. 12-1974]
A.
No person shall throw, cast or distribute, or cause
to be thrown or distributed, any commercial or noncommercial handbills,
circulars, cards or other advertising matter whatsoever in or upon
any public street or public place, or upon any portion of any premises
or in or upon any motor vehicle.
[Amended 7-12-1976 by L.L. No. 16-1976; 6-26-1978 by L.L. No. 7-1978]
B.
Exemption for mail, newspapers and any charitable
or nonprofit organization. The provisions of this section shall not
apply to the distribution of advertising material through the mail,
nor to newspapers (as defined herein), nor to the distribution of
advertising material by any charitable organization and/or for nonprofit
organizations, except that these newspapers and advertising materials
shall be placed on private property in such a manner as to prevent
their being carried or deposited by the elements upon any street,
sidewalk or other public place or upon private property. All such
deliveries shall be made by placing any such item at, in or upon a
door or doorways of any building inhabited or occupied.
[Amended 6-26-1978 by L.L. No. 7-1978]
C.
Depositing commercial and noncommercial handbills
on uninhabited or vacant premises. No person shall throw or deposit
any commercial or noncommercial handbill in or upon any private premises
which is temporarily or continuously uninhabited or vacant.
D.
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
NEWSPAPER
NONCOMMERCIAL HANDBILL
Definitions. For the purposes of this § 372-6, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copy of any matter of literature:
Which advertises for sale any merchandise, product,
commodity or thing.
Which directs attention to any business or mercantile
or commercial establishment or other activity, for the purpose of
either directly or indirectly promoting the interest thereof by sales.
Which directs attention to or advertises any
meeting, theatrical performance, exhibition or event of any kind for
which an admission fee is charged for the purpose of private gain
or profit.
Which, while containing reading matter other
than advertising matter, is predominantly and essentially an advertisement
and is distributed or circulated for advertising purposes or for the
private benefit and gain of any person so engaged as advertiser or
distributor.
Any "newspaper" regularly sold by the copy or subscription,
of general circulation as defined by law, any "newspaper" duly entered
with the Post Office Department of the United States in accordance
with federal statute or regulation, and any "newspaper" filed and
recorded with any recording officer as provided by law; and, in addition
thereto, any periodical or current magazine regularly published with
not less than four issues per year and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
commercial handbill or newspaper.
The owner or occupant of land fronting upon
the streets in this Village shall keep the portions of the streets
between their lands and the center of the street cleared of rubbish
or other accumulations thereon, injurious to the use or appearance
thereof, and shall cause all grass and weeds growing therein to be
cut and removed once in each month from May to October in each year,
inclusive. In case such owner shall fail to comply with this requirement,
the Superintendent of Public Works shall cause such work to be done
and the expense thereof assessed upon the adjoining land.
No person shall use or maintain a fence of barbed
wire or similar construction along the boundaries of any streets or
grounds of the Village unless by special permit of the Board of Trustees.
The owner or occupant of every building or lot
and the owner of every unoccupied building lot, adjoining which is
a sidewalk, shall see that the same is at all times kept unencumbered
and free from snow, ice, dirt, rubbish or other matter which may obstruct
the proper and free use of same.
[Amended 5-24-2010 by L.L. No. 10-2010]
A.
Except as otherwise provided in Subsection B of this section, no person, builder, contractor or workman in control of any operations or repairs upon private property shall obstruct or close any sidewalk in the Village or create any condition which endangers the safety of pedestrians over any sidewalk.
B.
In the event that the temporary obstruction or closure of a sidewalk
is necessitated in order to facilitate construction work on private
property, or where any such private construction creates a condition
which makes the use of a sidewalk unsafe, the builder, contractor,
or workman shall make an application to the Village Building Inspector
for a permit authorizing the sidewalk to be temporarily closed or
obstructed from public use for a thirty-day period. The Village Building
Inspector shall grant a permit under this section where, based on
the location and nature of the construction work being performed,
the temporary closure or obstruction of a sidewalk is necessary as
a matter of public safety.
(1)
Each application for a permit under this section shall include the
name, business and address of the applicant; the name of the street
and location of the sidewalk sought to be closed or obstructed; and
the purpose, nature and location of the construction work being performed.
(2)
Every application for a permit under this section shall be accompanied
by a nonrefundable fee in such amount as shall be determined from
time to time by resolution of the Village Board of Trustees.
(3)
A permit granted under Subsection B shall be valid for 30 days only. In the event that closure or obstruction of the sidewalk is required for a period longer than 30 days, the applicant shall make application to the Building Inspector for a thirty-day renewal of the permit prior to the expiration of the initial permit and shall pay a permit-renewal fee as determined by resolution of the Board of Trustees.
No person shall erect, hang or place, or cause
or permit to be erected, hung or placed, over, upon or across any
sidewalk in the Village, any sign, banner or other emblem or insignia.
Any sign, banner or other emblem or insignia intended to run parallel
with the building in a horizontal position must be fastened securely
to the building wall.
No person, not otherwise authorized by law to
do so, shall erect or maintain on or over any street or sidewalk within
the Village any telegraph, telephone, electric light or other poles,
or string any wire, rope or other material over any street or sidewalk
within the Village, without a permit from the Board of Trustees. All
telephone, telegraph, electric light or electric power poles, where
the same are located upon the public highway within the Village, shall
be marked with the name or initials of the owner or owners of the
said poles in distinct and legible letters and characters.
[Added 9-11-1978 by L.L. No. 12-1978]
No repair work on any motor vehicle, except
emergency repairs, shall be done or performed on any Village street,
and in no event shall any person willfully permit any automotive fluids,
including motor oil, fuel, transmission, power steering or brake fluids
or any similar materials, to run upon any Village street.
[Added 3-9-2009 by L.L. No. 7-2009]
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.
