[HISTORY: Adopted by the City Council of
the City of Canandaigua 10-16-1997 by Ord. No. 97-21 as Chs. 4.12
and 4.40 of the 1997 Municipal Code. Amendments noted where applicable.]
No person shall injure any pavement, sidewalk,
crosswalk or sewer, or dig or excavate in any street or public place,
nor move any earth or stone therefrom within the City without permission
in writing from the Department of Public Works and under such conditions
as such Department may impose, and such Department may order any excavation
made contrary to the provisions of this section to be filled up or
altered at the expense of the person making the same.
Whenever any public street within said City
is in process of construction or whenever any excavation is being
made in such street, it shall be the duty of the person performing
the work to place and maintain such sufficient guards, including lights
in the nighttime, about such construction or excavation as to secure
public safety until said street is ready for public use, and such
guards and lights shall in all respects, including kind, manner and
location, be subject to the approval of the Department of Public Works.
[Amended 11-6-1997 by Ord. No. 97-23; 8-21-2003 by Ord. No.
2003-010]
A.
No person shall place or deposit, except as hereinafter
provided, on any sidewalk or in any street, cask, box, stone, sand,
vehicle, lumber or other substance or materials of any sort. The owner
or occupant of the premises in front of which any such article, substance
or material is placed or deposited, shall remove the same forthwith
or the Department of Public Works may remove any such obstruction
and charge the same to any such owner or occupant.
B.
No person shall place or deposit snow or ice on any
sidewalk or in any street. The person causing such snow or ice to
be placed or deposited on the sidewalk or in the street shall be responsible
to remove the same forthwith, or the Department of Public Works may
remove such obstruction and charge the same to the responsible party.
A.
The Department of Public Works may grant permission
in writing to any person to place and keep any building materials
in any of the public streets or places in the City for the purpose
of building or making repairs for a period not to exceed three months.
Such permit shall provide for the portion of the sidewalk or street
to be obstructed, and it shall be discretionary with the Department
of Public Works as to what part of any street or sidewalk may be so
obstructed. Such permission may, at any time, be revoked by the Department
of Public Works without notice.
B.
The Department of Public Works is hereby authorized
to issue a single job permit to any person, corporation or contractor
granting permission to drive or place a vehicle, ladder or building
materials on any City sidewalk or right-of-way for the purposes of
store front repair, sign work, glass replacement, driveway repair,
sewer or water line repair and other related activities. Such permission
may be obtained at a fee as set from time to time by resolution of
the City Council, per job, and such permission is granted subject
to the rules and regulations set forth in this section.
[Added 5-14-1970; amended 3-25-1982]
Any person to whom permission is granted as
aforesaid shall cause all said materials to be enclosed with sufficient
guards as to secure public safety, and at all times during the night
shall keep lighted thereon warning lights, and such guards and lights
shall in all respects including kind, number and location, be subject
to the approval of the Department of Public Works.
All such building material or rubbish arising
therefrom shall be removed by the party to whom said permission was
granted from the street at the expiration of the time limit as provided
by the permit, or upon the revocation thereof by the Department of
Public Works.
All persons obstructing a street or sidewalk
as herein provided shall leave such street or sidewalk in as good
condition as the same was prior to being so obstructed, and in case
any person shall fail to comply with this provision the Department
of Public Works may perform the necessary work upon such street or
sidewalk and charge the same to the person in default or to the owner
of the property for whose benefit said obstruction was made.
Any person who shall make any excavation adjacent
to and within four feet of the boundary line of any public street
or place within the City shall erect sufficient barriers between said
street and said excavation to secure public safety and at all times
during the nighttime shall keep lighted warning lights upon said barriers
in such a manner as to give warning thereof. It shall be the duty
of any person making such excavation to notify the Department of Public
Works of the same, and said person shall comply with any directions
which said Department may give relative to the same.
In case of the failure of any person to properly
barricade and light any excavation of construction, as herein provided,
the Department of Public Works may place such barriers and lights
at the expense of the person so in default, or of the owner of the
property for whose benefit said excavation or construction is being
made.
No unauthorized person shall remove, mutilate
or interfere with any lights, warning signals or barriers erected
for public safety, or any street sign, or any monument placed to locate
the line of any public street, sidewalk or public improvement within
the City.
[Amended 3-2-1978; 8-3-1978, amended 5-18-2000; 6-18-2000 by Ord. No. 2000-003; 5-18-2000; 5-18-2000 by Ord. No.
2000-03]
It shall be unlawful for any owner or occupants
or any person having charge of control of any premises, lot or building
situate within the City to suffer or permit any trash or rubbish to
collect and remain on any sidewalk fronting on or adjoining said premises
so as to impede, obstruct or render dangerous public travel upon such
walk. If any person shall neglect or refuse to comply with the requirements
of this section, the Department of Public Works may cause the necessary
work to be done to comply with said requirements at the expense of
the person or persons so in default. Notwithstanding the above, the
City of Canandaigua shall not be in any manner liable or responsible
for personal injury or property damage resulting from the presence
of trash or rubbish upon sidewalks in the City of Canandaigua.
[Added 5-6-2004 by Ord. No. 2004-005]
A.
Purpose. The purpose of this section shall be to preserve
the public peace and good order in the City and to contribute to the
public welfare, safety and good order of its people and to contribute
to the safe conveyance of its people over the streets and sidewalks
of the City by establishing certain regulations for the removal of
snow and ice from the streets and sidewalks of the City that are consistent
with the rights and privileges of other residents of the City.
B.
Duty of property owner and occupant. It shall be the
duty of the owner and occupant, jointly, of every parcel of real estate
adjoining a public sidewalk, whether the parcel of real estate is
occupied by a structure or not, to keep such sidewalks adjoining such
property free from snow and ice for the full paved width of such sidewalk.
C.
Time limit. Snow and ice shall be removed within 24
hours after the end of a snowfall. In addition, sidewalks in front
of commercial establishments and commercial parking lots shall be
kept free of snow and ice at all times between the hours of 9:00 a.m.
and 5:00 p.m.
D.
Severe icing. In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in Subsection C, be strewn and kept strewn with ashes, sand, or other suitable material, so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in this section.
E.
Removal by City. Whenever the owner or occupant of
a parcel of real estate adjoining a public sidewalk fails to remove
the snow and ice from such sidewalk adjoining such property within
the time limit specified in this section, at the discretion of the
Director of Public Works, the Director may cause said snow or ice
to be removed from such sidewalk and notify the City Clerk/Treasurer
of the removal expense incurred by the amount of labor, equipment,
and materials used as well as administrative overhead. The charge
shall be set by resolution of the City Council, but shall not be less
than the equivalent of one-half-hour's cost.
[Amended 6-4-2020 by Ord. No. 2020-002]
F.
Collection of costs for removal by City. The City
Clerk/Treasurer shall promptly present to the owner or occupant of
each parcel a bill for the removal of snow and ice as certified by
the Director of Public Works. If not paid within 30 days, the cost
thereof shall be assessed against the property added to their tax
bill and become a lien thereon, collectible in the same manner as
delinquent City taxes.
G.
Snow, ice and water falling from buildings. The owners
or occupants of buildings adjacent to public sidewalks shall take
measures to protect the public from the falling snow, ice or water
from such buildings.
H.
Placing of snow and ice on another's property. No
person, firm, corporation, property owner or occupant shall remove
snow or ice from any parcel of real estate and place it upon another
parcel of real estate without the express permission of the owner
of the parcel of real estate upon which the snow or ice is to be placed.[1]
I.
Tort liability. Such owner or occupant and each of
them, shall be liable for any injury or damage by reason of omission,
failure or negligence to keep such sidewalks adjoining such property
free from snow and ice.
No owner of property adjacent to any public
street or place in this City, shall build or replace or cause to be
built or replaced, any sidewalk within the boundary lines of any such
public street or public place without first making application in
writing to the Department of Public Works for permission to do so.
[Amended 11-6-1997 by Ord. No. 97-23; 7-17-2003 by Ord. No.
2003-009; 12-15-2005 by Ord. No. 2005-02; 5-4-2006 by Ord. No.
2006-008]
It shall be unlawful to place any obstructions
upon any public sidewalk for the purpose of selling or exposing for
sale any goods or merchandise, except as follows:
B.
Vending carts or stands for which a valid permit has been issued, as provided for by Chapter 538, Peddling and Soliciting, of the Code of the City of Canandaigua.
C.
In commercial districts, any merchant occupying a
ground level establishment may display goods, wares or merchandise
for sale on the public sidewalks in an area directly in front of such
establishment a distance as specified below:
(1)
On South Main Street from the railroad crossing south
to Antis Street on the West side and Saltonstall Street on the east
side, extending up to eight feet onto the public sidewalk;
(2)
On the north side of Lakeshore Drive between Booth
Street and Muar Street, extending up to 6 1/2 feet from the front
boundary line of the land parcel on which the establishment is located;
(3)
On side streets within the Central Business District,
and in other commercial districts, extending up to 1/3 of the width
of the sidewalk adjacent to the front of such establishment, provided
that a continuous width of at least four feet of sidewalk shall remain
unobstructed.
D.
Sidewall cafes. In commercial districts, an establishment
serving food and drink may establish an outdoor cafe in an area directly
in front of the establishment extending onto the public sidewalk a
distance as specified below. This sidewalk cafe shall consist of tables
and chairs and may include either temporary barriers or a raised deck
or platform resting on the sidewalk. Occupancy of the cafe shall be
limited to the number of chairs provided at tables within the cafe.
(1)
On South Main Street from the railroad crossing to
Antis Street on the west side and Saltonstall Street on the east side,
extending eight feet from the front wall of such establishment.
(2)
On the north side of Lakeshore Drive between South
Main Street and Muar Street, extending onto the public sidewalk and/or
right of way up to 6 1/2 feet from the front boundary line of
the land parcel on which the establishment is located, provided that
a continuous width of at least four feet of sidewalk shall remain
unobstructed.
(3)
On side streets within the Central Business District,
and in other commercial districts, extending up to eight feet from
the front of such establishment, the exact distance to be determined
by the City Manager of the City of Canandaigua on an individual basis,
so as to prevent interference with public safety and passage on public
sidewalks, provided that a continuous width of a least four feet of
sidewalk shall remain unobstructed.
(4)
A business establishment with an outdoor cafe may
place potted flowers and/or plants on the public sidewalk directly
adjacent to the cafe extending up to one foot beyond the cafe area
as permitted above, provided that the City Manager shall determine
that such potted plants will not create a hazard for pedestrians.
(5)
The establishment of a sidewalk cafe shall be subject
to the issuance of an annual permit by the City Manager.
(a)
The initial application for such permit shall
include Planning Commission review of the architectural design of
all temporary barriers, raised decks, or platform structures in accordance
with adopted design guidelines.
(b)
A building permit shall be issued annually by
the Code Enforcement Officer for any structures associated with the
sidewalk cafe.
(c)
Prior to the issuance of an annual permit, the
applicant business shall provide proof of an insurance policy insuring
against personal and/or property injury caused by the erection and
maintenance of said cafe structure in an amount consistent with the
City's requirements for such insurance, and naming the City as an
additional insured party.
(6)
The use of the public sidewalk for the purpose of
sidewalk cafes shall be permitted from April 15 until November 15.
Such cafes may begin serving patrons at 7:00 a.m. daily, and shall
be closed and vacated nightly no later than 10:00 p.m. Sunday through
Thursday, and 11:00 p.m. Friday and Saturday. Outdoor music associated
with any cafe shall cease at the same hour.
(7)
The sidewalk cafe shall be maintained in a safe, neat,
and clean condition, free of any trash associated with the use. All
tables, chairs and structures shall be maintained in good repair.
E.
Any business establishment located in a structure
which directly abuts a public sidewalk within a commercial zone district
may place potted flowers and/or plants on the public sidewalk directly
adjacent to the front building wall of such establishment, up to three
feet onto the public sidewalk, and may erect window flower boxes and/or
hanging flower pots on the front facade of the building, projecting
into the public right-of-way, provided that such boxes and/or pots
shall not create a hazard for pedestrians.
Cloth awnings may be constructed in front of
any building within said City, to project over the sidewalk not to
exceed 10 feet, such awnings to be supported by an iron framework
securely attached to said building in such manner as to be at all
times safe and self-supporting, every part of such awning to be at
least seven feet from the surface of said sidewalk, every owner or
occupant of any such building shall keep the awning attached thereto
free from snow, ice, dirt or other obstruction. No person or firm
shall suspend from any awning over any sidewalk, merchandise or articles
of any kind except a cloth screen extending from said awning to sidewalk
to protect perishable property. No wooden awnings shall be permitted.
A.
Eligibility to apply for permits to erect banners.
Any organization with nonprofit status recognized by either state
or federal government, except for political organizations, shall be
eligible to obtain a permit one time in each calendar year to erect
one banner across Main Street within the City of Canandaigua for a
continuous period of time not to exceed four weeks. Such banner will
be permitted only for purposes of promoting special public events
or programs sponsored by the nonprofit organization.
B.
General regulations of banners.
(1)
Such banner cannot be attached to any building and
must be at least 1,000 feet distant from any other banner.
(2)
No lights will be permitted to shine on any banner
erected under this section.
(3)
Each banner shall be erected at a distance of at least
18 feet above street level and shall be constructed of material which
permits air to move through it.
(4)
A licensed engineer shall certify on behalf of the
permittee to the Director of Development and Planning of the City
of Canandaigua that all design, construction, and installation plans
included in the permit application have been met within one regular
business hour after the banner has been erected.
C.
Procedures and standards in applying for banner permits.
(1)
A permit, specifying the location and length of time
where the banner can be erected, shall be obtained before any banner
is erected by paying a fee as set from time to time by resolution
of the City Council and by obtaining approval from the Planning Commission
of the City of Canandaigua. The Planning Commission must approve by
majority vote the design appropriateness, size, and material of the
proposed banner before issuing a permit entitling the nonprofit organization
to erect said banner. The Planning Commission shall permit only two
banners during any time period.[1]
(2)
At least two weeks before a Planning Commission meeting,
the applicant shall submit this application to the City of Canandaigua
Director of Development and Planning. With the application, the applicant
shall submit a certification by a licensed engineer that the engineer
has inspected the design, construction, and proposed installation
of that banner, and further that the engineer certifies that said
design, construction, and installation will create no hazard to persons
or property in the area of the banner. The required certification
will be at the applicant's expense.
(3)
The applicant shall also submit with the application
a written agreement indemnifying and holding harmless the City of
Canandaigua for any damage to person or property as a result of the
erection of the banner. This agreement shall be signed by a natural
person and an officer authorized to act for the nonprofit organization.
It shall be binding upon the natural person and the nonprofit organization.
(4)
An insurance policy insuring against personal and/or
property injury caused by the erection, maintenance and removal of
said banner in the amount of $1,000,000 shall also be provided with
the application.
(5)
No approvals will be granted unless the Planning Commission
finds that there is strict compliance with each requirement of this
section.
D.
Removal. The City Manager or his designee shall have
the right to revoke any permit issued pursuant to this section if
public safety should so demand. Revocation and removal of the banner
will take place unless the licensed engineer on behalf of the nonprofit
organization certifies to the Director of Development and Planning
that all design, construction, and erection plans have been followed
immediately after erection of the banner.
E.
Unless permitted by this section no banner shall be
erected within the City of Canandaigua.
No person shall empty, throw, sweep or put any
ashes, sawdust, shavings, refuse of coal or vegetables, rags, paper,
sweepings or any debris on any vacant lot, street, lane, alley, square
or park or into any drain, pond or stream of water in the City excepting
places designated as public dumping grounds. Upon any public dumping
grounds designated by the City, there shall not be thrown, dumped
or deposited any auto bodies, garbage or papers except as otherwise
provided in this Code.
No person shall allow, place, keep or permit
any discarded furniture of any kind, tin containers, tin-can containers,
cartons, clothing, rags, brush, dishes, glassware or debris on any
lot, private or public, street, highway, alley, lane, square or park
within the limits of the City except in a public dumping ground designated
by the City.
No person shall throw, cast, drop, put or place,
or having accidentally dropped, fail to pick up any bag, bottle, bottle
cap, box, container, garbage, paper, piece of paper, wrapper, or any
other trash or litter, in or upon any public park, place, playground,
cemetery, fountain, street or building, except in receptacles provided
for such purposes.
No person shall slide or coast with a sled,
or in any other manner, on any sidewalk or public street of the City,
excepting that the City Council may by resolution permit such sliding
or coasting in public streets or places therein specified for a limited
time.
No person or persons shall play ball, or fly
any kite or aid or assist in so doing in any public street or place
in the City.
[Amended 2-1-2007 by Ord. No. 2007-003]
No person shall drive any vehicle, except for
wheelchairs, or load or ride or drive any animal along or upon any
sidewalk intended for the use of pedestrians within said City.
No building or part thereof shall removed upon
or along any public street or place within the City without permission
in writing from the Department of Public Works, which permit shall
specify the course of removal and may require an undertaking first
to be signed by the applicant and the responsible surety approved
by said Department conditioned that the applicant will comply with
the terms and conditions of such permit, and indemnify the City against
any damage or loss occasioned by reason of such removal.
No person shall drive any vehicle over any stone
or cement curb along any street in the City, unless such curbing be
protected with timber or planking of the same height as the curb,
or in such other manner as the Department of Public Works may direct.
A.
No person shall sell or display ice cream, confections
or similar items from a motor vehicle operating on the streets of
the City of Canandaigua unless such vehicle shall be equipped with
a minimum of two flashing amber lights mounted on top of the vehicle
and clearly visible to traffic approaching from the front and rear
of said vehicle, all as provided for hazard vehicles under the Vehicle
and Traffic Law of the State of New York.
B.
No person shall sell or dispense ice cream, confections
or similar items from a motor vehicle operating on the streets or
the City of Canandaigua except to persons who shall be standing behind
the curb and out of the roadway.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by a fine not
exceeding $250 or imprisonment in the County Jail of Ontario County
for not more than 15 days, or both such fine and imprisonment. Each
day on which any such violation continues shall constitute a separate
offense.
