[HISTORY: Adopted by the Common Council of
City of North Tonawanda 11-20-1972. Amendments noted where applicable.]
No person shall place upon or affix, or cause
or procure to be placed upon or affixed to any sidewalk, hydrant,
lamppost, tree, telephone, telegraph or electric light pole or public
building in any public street or place within the city any words,
characters, device, bill, placard, poster, notice, letters or pictures
of any kind as a notice of or reference to any article, business,
exhibition, profession, matter or event of any nature, including political
contests.
The placing or affixing of any words, characters,
device, bill, placard, poster, notice, letters or pictures of any
kind upon any property or place specified in this section, is presumptive
evidence that the proprietor, vendor, exhibitor thereof, or person
or persons whose cause is being promoted, caused or procured the same
to be placed or affixed.
No person shall place any word, letter, figure
or drawing, or any mark with paint, chalk or any similar substance
on any pavement, curb or sidewalk on any public street in the city.
This section shall not apply to words, letters or marks placed on
the pavements, curbs or sidewalks by employees of the city for the
purpose of directing traffic or regulating the parking of automobiles
or otherwise assisting the enforcement of city laws and ordinances.
Every owner or occupant of any building or owner
of any vacant lot within said city shall keep the sidewalk in front
of such building or vacant lot free from ice, snow, grass, weeds,
rubbish or other obstructions; and shall at all times keep said sidewalk
in good state of repair and shall also repair all lateral sewers to
such building or vacant lot. If any person shall neglect or refuse
to comply with the requirements of this section as to snow, ice or
other obstructions, or sidewalks out of repair, the Superintendent
of Public Works shall cause all necessary work to be done at the expense
of the person so in default. Included in such expense shall be an
additional charge of 50% thereon to cover costs of supervision and
administration by the city.
No person shall construct or maintain a gate
that shall swing outward over any sidewalk within said city.
No person or assemblage of persons shall occupy
any sidewalk, bridge or entrance to any church or public hall within
said city in such manner as to obstruct the free passage of the public.
[Amended 5-16-2023]
Each owner of any premises fronting or abutting
on any street shall repair, keep safe and maintain all public sidewalks
abutting the premises, including, but not limited to, keeping all
improved portions thereof — whether made of stone,
asphalt concrete, brick or another type of paver, or any combination
of same — free and clear of snow, ice, dirt, refuse,
obstruction or other hazard. Any such owner shall be liable for any
injury or damage by reason of omission or failure to repair, keep
safe and maintain such sidewalk, or negligence in performing those
functions.
[1]
Editor's Note: Former § 76-8, Snow and ice removal,
was repealed 5-16-2023.
Upon the neglect or refusal of any owner or occupant to comply with the provisions of §§ 76-7 and 76-8 of this ordinance, it shall be the duty of the Superintendent of Public Works to see that the provisions of said sections are enforced, and in all cases of their violation he shall employ men to clean such walks at a rate not exceeding the prevailing rate of wages for such work. Said Superintendent of Public Works shall cause to be kept an account of all such work; and on or before the first day of April in each year, the Superintendent of Public Works shall report to the Common Council all parcels of land in front of which such work shall have been performed and the owner and occupant of which shall not have paid to the city the amount of expense incurred in cleaning the sidewalks in front of his premises or removing snow and ice therefrom, and the Common Council shall thereupon order assessments upon such lands for the several sums so reported.
No person shall plow, shovel, sweep or heap
up any snow, ice or other materials into piles or ridges on any street
or public place in the city or upon the property of the abutting owner,
or cause any such act to be done in such manner as to interfere with
the safety and convenience of public travel, or to interfere with
the use and enjoyment of the adjoining property by the abutting property
owner: and in all cases where snow, ice or other material is moved
about, it shall be uniformly leveled off in front of residences and
places of business in a manner to permit convenient approach thereto
and entrance to said premises.
A.
It shall be the duty of the owner or occupant of any
premises in the city, whenever such work shall be ordered by resolution
of the Common Council, to lay water, sewer and gas service pipes from
the main pipes in the street in front of such premises to such point
beyond the curbline as the Superintendent of Public Works may determine.
It shall be the duty of such owner or occupant to lay and relay sidewalks
in front of such premises whenever the same shall be so ordered. The
Superintendent of Public Works shall notify the owner or occupant
of any premises in front of which such work shall be required to be
done that if the same is not done by the owner or occupant within
20 days, the same shall be done by the city, and the expense thereof
shall be assessed upon such premises. Such notice may be served personally
or by certified mail. In case any such work shall not be done within
the time specified in such notice, the Superintendent of Public Works
may cause such work to be done, and the expense thereof shall be a
charge and lien upon and shall be assessed against such premises.
B.
It shall be the duty of such owner or occupant to
keep in repair the water, sewer and gas service pipes serving his
premises, the sidewalks in front thereof and the driveways into the
same, and to install drains connected with the sewer on open land
to prevent unusual and dangerous accumulations of water and ice upon
sidewalks, roadways and public places.
C.
However, where any sidewalk lying between the street
line and the curb is damaged by reason of trees or roots of such trees
situated on city-owned lands, said sidewalk shall be reconstructed
or repaired by the Department of Public Works at the sole expense
of the city, and the tree or root of such tree causing such damage
shall be removed by the Department of Parks at the sole expense of
the city.
Any person, firm or corporation violating any
provision of this ordinance shall be fined not less than $5 nor more
than $200 for each offense.
If any part or provision of this ordinance or
the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision or application
directly involved in the controversy in which said judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this ordinance or the application thereof to other
persons or circumstances, and the legislature hereby declares that
it would have enacted this ordinance or the remainder thereof had
the invalidity of such provisions or applications thereof been apparent.
This ordinance shall take effect immediately.
