[Adopted 8-10-1971 by L.L. No. 5-1971 as
Art. I of Ch. 98 of the 1971 Code]
A.
No person, firm or corporation shall erect or maintain
nor permit to continue to exist any sign, signboard, canopy, awning,
air-conditioning unit or other appurtenance over any street, sidewalk,
alley or other public way in the Village without first having obtained
a permit therefor as herein provided. Such permit shall be issued
by the Village Clerk subject to the approval of the representative
of the Village Board appointed to inspect such installations for the
Village Board, and such permit shall designate the location of the
permitted structure.
B.
A permit as herein provided shall be required for
appurtenances not an integral part of a building which project out
of any window of any building abutting a public street or way where
a projection is within three feet of the street line.
C.
Application for a permit as herein provided shall
be completed on forms provided by the Village, shall be accompanied
by a fee established by resolution of the Board of Trustees and shall
contain the following information: size and weight of any projection
or appurtenance affected; location thereof with reference to property
lines, including the distance from the property line and the distance
of the projection above the public sidewalk; material of which made;
height above the sidewalk at which the lowest portion thereof will
be located; statement of the manner in which the same is to be affixed
or is affixed to the building so as to assure that the same is or
will be erected in accordance with approved methods and practice to
assure safety to the general public from any possible hazard.
[Amended 6-16-1987 by L.L. No. 6-1987]
D.
Any sign, canopy or projection, other than an awning,
must allow at least a six-foot, six-inch clearance as measured from
the bottom-most sign appendage to the surface of the sidewalk.
[Amended 3-5-2018 by L.L.
No. 3-2018]
E.
Awnings that may be raised and lowered shall provide
clearance between the bottom thereof and the surface of the sidewalk
of not less than six feet six inches.
A.
Each person, firm or corporation maintaining such
a sign or other projecting appurtenance heretofore existing or to
be installed shall file with the Village Clerk at the time of the
filing of such application, or prior to the issuance of a permit,
a bond, insurance or indemnity policy in the sum of not less than
$10,000 for injuries to one person, $20,000 for injuries to more than
one person in one accident and $1,000 for property damage to insure
and/or indemnify the Village for any loss or damage or liability that
may result from the construction, maintenance or continued existence
of any such sign or projection. It shall name the Village of Highland
Falls as the assured and shall be accompanied by proof of payment
of the premium therefor and shall have such sureties as may be approved
by the Board of Trustees of the Village unless it is a policy or bond
issued by a corporation authorized to do business in the State of
New York by the New York State Insurance Department.
B.
Such bond or policy may name the owner of the adjoining
building or the sign or appurtenance jointly with the Village.
C.
Such bond or insurance policy shall be kept in full
force and effect during the entire time that said permit may remain
in effect, and evidence of the payment of any premium that may be
required for such bond or insurance shall be filed with the Village
Clerk at least once annually, and in default thereof such permit shall
be canceled.
A.
All such signs and appurtenances for which a permit
may be applied for shall be securely fastened and constructed so that
there will be no danger of the same being dislodged by ordinary winds
or falling from other cause and shall be so installed as not to obstruct
the view of any traffic light or other traffic signs or signal.
B.
The Board of Trustees, by its duly authorized representative,
shall cause each application to be examined, and as to existing signs
and appurtenances, the same shall be examined, and as to all applications,
the premises shall be examined and the manner in which the same are
constructed and affixed or are proposed to be constructed and affixed
to the adjacent premises, so as to enable a determination to be made
that the same do not and will not be detrimental, obnoxious or hazardous
to the general public. Such representative shall make a report in
each instance to the Village Clerk promptly, and if the application
is approved, the Clerk may grant a permit for the continuance of or
for the erection and maintenance of the sign or appurtenance so applied
for.
C.
Any applicant whose application is denied may apply
for a hearing before the Board of Trustees for a review of such decision.
Upon the issuance of such a permit, the same
shall remain in force to the end of the current calendar year in which
issued and from year to year thereafter, expiring on the last day
of the calendar year, provided that proof of the continuance of the
insurance remaining in force is filed annually with the Clerk, and
the sign or appurtenance continues not to endanger the public.
It shall be the duty of the representative of
the Village appointed for such purpose to inspect or cause to be inspected
every sign, canopy, awning or other appurtenance affected by this
article. If any such sign, canopy, awning or other appurtenance is
found to be insecurely fastened, or if any such sign, canopy, awning
or other appurtenance is found to obstruct the view by any motorist
or pedestrian of any traffic light or other traffic sign or signal,
or to interfere with the free use of the public way, the inspector
shall report this fact to the owner or the person maintaining the
projection or the occupant of the premises on which it is fastened.
If the condition found by such inspector is not corrected so as to
comply with the provisions of this article within five days after
such notice, the Village or its representative may cause the sign,
awning or projecting appurtenance to be removed on order of the Mayor
of the Village and thereupon cancel any permit.
[Amended 4-1-1998 by L.L. No. 1-1998]
Any person violating any of the provisions of
this article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a maximum fine of $250 or by a term of imprisonment
of not more than 15 days, or both. Each day that a violation or failure
to comply with any provision of this enactment or any regulation promulgated
hereunder by the Board of Trustees occurs shall constitute a separate
and distinct violation.
