[Adopted 8-25-1991 by L.L.
No. 1-1981 as Ch. 44 of the 1981 Code]
This article shall be known and may be cited as the "City of Glen Cove
Streets and Public Places Ordinance."
A.
Activities prohibited without permit. No person shall
leave or deposit any material of any kind for building or other purposes in
any street or public place in the City; or dig or cause to be dug any excavation,
trench or other opening in any street, sidewalk or public place in the City
for any purpose; or dig or remove or cause to be removed therefrom any stone,
earth, sand or gravel; or tear up or injure any pavement, crosswalk, drain,
sewer or any part thereof; or erect or lay or cause to be erected or laid
any telegraph, cable, telephone, electric light or other pole or any drain,
conduit or other pipe under, in, on, upon or over any street or public place
in the City; or move, or cause to be moved, or assist in moving any building
into, along or across any such street or public place without first having
obtained written permission for the purpose from the Director of Public Works.
[Amended 11-27-2001]
B.
Conditions of permit; fee.
[Amended 2-26-1991]
(1)
A permit issued pursuant to Subsection A shall be conditioned upon the doing of such work under the supervision of the Director, upon keeping clear at all times a sufficient and safe passageway for pedestrians and vehicular traffic, upon proper guarding of the same both by night and by day so as to prevent accidents or danger, and upon complete restoration of the street, sidewalk or public place to its original condition, upon indemnifying the City from all damage or loss; and upon such other conditions as may be imposed by the Director of Public Works. The granting of a permit shall be subject to the furnishing of a bond or deposit in such sum as is determined by the Director of Public Works. Such permit shall be revocable at any time by the Director of Public Works.
(2)
Requests by utilities for road, sidewalk, or utility
easement areas shall include the following documentation:
[Added 11-27-2001]
(3)
Upon receipt of an approved permit, the utility shall
provide the City of Glen Cove Department of Public Works (GCDPW) with a schedule
of work.
[Added 11-27-2001]
(4)
GCDPW shall inspect the final repair and approve accordingly.
[Added 11-27-2001]
(7)
The amount to be deposited with the Director of Public
Works for repairs and replacement of streets, highways, sidewalks, pavements
and gutters shall be as set forth from time to time by the City Council.[3]
[Amended 5-27-1997 by L.L.
No. 2-1997]
[3]
Editor's Note: The fee schedule is on file in the City offices.
C.
Backfilling, maintaining excavations. Excavations shall
be backfilled properly upon completion and a written notice thereof given
to the Director of Public Works. All excavations shall be maintained by the
permittee for six months after such notice of completion has been given.
A.
Prohibited. No person shall erect or cause to be erected
or maintained any stoop, piazza, steps, fence, shed, building, railing, balcony,
bay window or other obstruction within the line of any street or sidewalk
in the City.
B.
Removal. Any such obstruction now existing or which may
hereafter be erected or maintained shall be removed by the owner or occupant
of the adjoining property within 10 days after notice from the Director of
Public Works, or in default thereof the Director of Public Works shall cause
the same to be removed at the expense of such owner or occupant and assess
such expense upon such adjoining property.
[Amended 7-26-2005]
No person shall construct any sidewalk in or upon any street or public
place in the City except with the permission and under the supervision and
in accordance with the directions and specifications of the Director of Public
Works; or lead water or cause it to run over upon any sidewalk. Drainage of
roofs and paved areas, swimming pools, yards and courts, and other open areas
on the premises shall not be discharged to City-maintained property except
through written permission, supervision and direction by the Director of Public
Works.
No person shall make any excavation adjacent to the streets, sidewalks
or public places within the corporate limits of the City without placing along
the same a strong, securely fastened rail or fence with adequate warning lights
displayed thereon, between the hours of sundown and sunrise.
No person shall permit or allow or cause to be erected or maintained
any barbed wire or similar fence or fences in which barbed or similar wire
is used, along or upon any street or public place in the City.
No person shall locate, place or maintain any stand or booth for the
purpose of selling or exposing for sale, whether by auction or private sale,
any goods, wares or merchandise of any kind on any street, sidewalk or public
place in the City without permission from the Director of Public Works.
A.
Permit required. No person shall erect or cause to be
erected or maintained within the City any awning, sign, shed roof, projection
or overhead obstruction over or across any street, sidewalk or public place
in said City without permission from the Director of Public Works.
B.
Minimum clearance, projection. No such awning, sign,
shed roof, projection or overhead obstruction shall be erected or maintained
nearer than seven feet above the sidewalk nor shall they extend more than
seven feet from the building to which they are attached.
Traction engines, etc. No traction engine, ditch digger, harrow, plow
or other similar instrument or vehicle or any instrument or vehicle which
by reason of its shape or weight is liable to damage the surface of the street
shall be drawn or propelled over or along any street or public place in the
City.[1]
No person shall authorize or engage in any parade, procession or exhibition
of any kind upon any street or public place in the City without first having
obtained written permission therefor from the Chief of Police.
No person shall ride, drive, place or lead any horse, cow, wagon, carriage,
sleigh, bicycle, motorcycle, automobile or other vehicle or animal of any
description on or across any sidewalk in the City except to cross the same
to go into or from an adjacent yard or lot, and except as permitted by Vehicle
and Traffic Law § 1225-a.
No person shall in any manner mutilate, girdle, cut, injure or destroy
any tree or shrub in or upon any street, sidewalk, park or public place in
the City, nor shall any person trespass upon any grass plot or lawn in any
public place in the City, provided that such grass plot or lawn is posted
with signs warning against such trespass.
The owner or occupant of any premises fronting upon any street or public
place in the City shall, when required by the Director of Public Works, trim
or remove any tree or trees in front of such premises; and upon his or her
failure to do so, the Director of Public Works shall cause such tree or trees
to be trimmed or removed at the expense of such owner or occupant and assess
such expenses upon such adjoining premise.
No person shall erect or maintain any gutter or drain, or obstruct or
cover by bridge or plank, stone or other material any gutter or drain on any
street, sidewalk or public place in the City without first having obtained
permission from the Director of Public Works conditioned upon the construction
of the same under the supervision and direction of the Director. If such gutter
or drain shall at any time become obstructed or shall need to be cleaned out,
such cover shall, upon order of the Director of Public Works, be removed and
said gutter cleaned forthwith by the owner or occupant of the adjoining property
and in default thereof the Director of Public Works shall cause any such gutter,
drain or cover to be removed or cleaned at the expense of such owner or occupant,
and assess such expense upon such adjoining property.
[Added 10-25-1983]
A.
DIRECTOR
LESSEE
OWNER-LESSOR
PERMIT
PERSON
ROLL-OFF CONTAINER or DUMPSTER
STREET or HIGHWAY
Definitions. As used in this section, the following terms
shall have the meanings indicated:
The Director of the Department of Public Works or his or her designated
representative.
The person renting the roll-off container or dumpster from the owner-lessor.
The person owning or leasing to third parties the roll-off container
or dumpster and who applies for and obtains the permit hereunder.
The permit hereunder to be issued to cover all roll-off containers
or dumpsters at a specific location within the City of Glen Cove.
Any individual, partnership, firm or corporation.
The type of container usually associated with a vehicle containing
hydraulic or mechanical capabilities to lift a prefabricated container from
the ground onto the truck for transport purposes or to lift and dump the material
contained therein into the body of said truck, the contents of which container
is solid waste consisting of refuse, rubbish and other debris.
Any thoroughfare within the public domain.
B.
Permit required. It shall be unlawful and an offense
against this article for any person to have a roll-off container placed upon
any public street within the City of Glen Cove without first obtaining a permit
therefore in accordance with the requirements prescribed by this article.
[Amended 12-31-1984]
C.
Rules and regulations applicable to the use of roll-off
containers or dumpsters on any City road or other City facilities.
(1)
The street upon which any roll-off container is to be
placed must meet a minimum width requirement of 30 feet, curb to curb.
(2)
The roll-off container must be placed parallel to the
curb with the street side of the container not more than eight feet six inches
from the nearest curb adjacent to the container.
(3)
Roll-off containers shall have a permanent installation
of not less than 16 square feet of diagonal reflectorized striping material
at each end of the container facing opposing traffic, and shall also have
stenciled or otherwise printed thereon, in English letters at least two inches
in height, the name, address and telephone number of the owner-lessor and
the permit number issued to the owner-lessor. It shall be strictly prohibited
for an owner-lessor to lease or otherwise permit a roll-off container or dumpster
to be placed in any street or highway, which roll-off container or dumpster
does not contain accurate and current information stenciled thereon as required
by this section.
[Amended 11-9-2004]
(4)
The roll-off container shall not obstruct any part of
the sidewalk or the sidewalk areas adjacent to the street, and the contents
thereof shall be emptied and disposed of upon reaching the container's waterline.
(5)
The owner-lessor shall be responsible for the repair
of any street, sidewalk and curb damage caused by the placement, movement
or removal of any roll-off container.
(6)
The Director shall receive at least 48 hours prior notice
through a written or verbal communication from the owner-lessor before a roll-off
container or dumpster is placed upon any City road or other City facility.
(7)
The Director reserves the right to refuse the placement
of any roll-off container or the right to remove a roll-off container from
any street location if, in his or her sole judgment or discretion, he or she
determines that the placement of any roll-off container at any street location
shall constitute a public nuisance and a hazard because of contour, narrow
width, traffic or other highway conditions peculiar to the street at or near
the proposed location.
D.
Application permit. The Director may issue a permit for
the use of a roll-off container upon any City roads or other City facilities
as a temporary street obstruction, prior to the placement thereof, upon written
application by the lessee in accordance with the following terms and conditions:
[Amended 12-31-1984]
(1)
Each permit shall be of 60 days' duration and shall require
a written application to renew for each successive 30 days.
(2)
Each application for a permit hereunder shall be accompanied
by a certificate of insurance from the owner-lessor, indicating public liability
coverage insuring the City of Glen Cove in an amount not less than $1,000,000
for injuries, including wrongful death to any person, and subject to the same
limit for each person in an amount not less than $2,000,000 on account of
each occurrence; and a certificate of insurance from the owner-lessor indicating
property damage insuring the City of Glen Cove in an amount not less than
$100,000 on account of any occurrence, and in an amount not less than $200,000
on account of all occurrences.
(4)
The lessee shall also be responsible to the Director
for providing not only its own name and address in the original application,
and renewals thereof, but in providing the name and address of the owner/lessor
for each and every rental of a roll-off container or dumpster.
E.
Enforcement; reports and records of offenses. It shall
be the duty of all duly authorized peace officers and of any police officer
of the City of Glen Cove to enforce the provisions of this article, to make
arrests or issue appearance tickets or other legal process for offenses against
the provisions of this article and to report to the Chief of Police and the
Director of Public Works all offenses observed, whether or not any criminal
prosecution is based thereon.
[Amended 12-31-1984; 11-9-2004]
[Added 3-13-1990; amended 12-22-1992]
A.
It shall be unlawful for any person to stand in a street
or highway and stop or attempt to stop any motor vehicle for the purposes
of solicitation of any kind from an occupant of any motor vehicle. For the
purposes of this section, street or highway shall mean all of the areas dedicated
to public use for public street purposes and shall include only roadways,
parkways, highways, streets and medians.
B.
It shall be unlawful for any person to stop, park or
stand in a motor vehicle on a street, roadway, parkway or highway or any area
that is designated either as a traffic lane or as a no standing or stopping
zone for the purposes of accepting or attempting to accept any solicitation
from a pedestrian.
C.
It shall be unlawful for any person to stand in the street
or highway so as to cause a safety hazard or a disturbance to the public or
any traffic congestion of said street or highway.[1]
[1]
Editor's Note: Former § 44.16(d), which provided for penalties
for offenses against this section, was deleted 5-27-1997 by L.L. No. 2-1997.
[Added 2-28-1995]
It shall be unlawful for any person to add or remove oil, transmission
fluids, break fluids and/or coolants to/from any vehicle parked on a street,
sidewalk or public place.
[Amended 5-27-1997 by L.L. No. 2-1997; 11-9-2004]
A.
Any person or corporation or officer thereof who shall violate
any of the provisions of this article or who fails to comply with any written
notice of violations issued by the Director of the Department of Public Works
or his/her lawful agent shall be guilty of a violation within the meaning
of the New York State Penal Law and, upon conviction, shall be liable to a
fine of not less than $1,000 nor more than $2,000 or to imprisonment for a
period not to exceed 15 days, or both.
B.
In addition to any remedies provided herein, wherever a roll-off
container or dumpster has been placed in a City street or public roadway in
such manner as to, in the opinion of the Director of Public Works, constitute
an imminent risk to the safety and welfare of any pedestrian, occupant of
property, or driver of any vehicle, said Director shall have the authority
to immediately remove such roll-off container or dumpster, and the City of
Glen Cove shall be entitled to reasonable costs for removal and storage of
such roll-off container or dumpster from the owner-lessor thereof.
