[Amended 7-9-1998 by L.L. No. 4-1998]
A. R-1 and R-2 and Industrial Districts.
(1) Obstruction of sidewalks prohibited. No person shall
display, place, put, or keep any goods, wares, merchandise, vehicle
or other article or thing on any public sidewalks in the Village except
while in the process of loading or unloading. During such loading
or unloading operation, a passageway for pedestrians shall be kept
open unless the nature of the operation makes it impossible to do
so.
B. C-1 and C-2 Commercial Districts.
(1) Sale of items related to the business of the premises
will be permitted on the sidewalk related to that business, as long
as the following conditions are met:
(b)
No personal items can be displayed; only items
related to the business of that premises. (The only exception to this
rule would be one-day events, such as charitable bake sales, etc.)
(c)
All sale items must be removed at the closing
and/or by 9:00 p.m.
(d)
"Sidewalk" should be defined as the clear, smooth
area from the curb to the front of the structure where people should
walk. If there are cobblestone areas, trash containers, lamp posts,
benches, flower pots or other civic objects, those areas will be excluded
from the sidewalk areas.
(e)
A sidewalk permit will be required in all C-1
and C-2 Commercial Districts for all businesses wishing to display
their goods or wares on the sidewalk. If activities are the same the
following years as the year the permit was granted, no new permit
will be required. The permit will remain active as long as the sidewalk
activities follow the standards as stated on the permit and as long
as the sidewalks and laws remain the same as stated herein.
(f)
There will be no charge for the permit.
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Options A and B are shown on current sidewalk.
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Options C and D are shown when revitalization
is complete.
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[Amended 2-2-1989 by L.L. No. 1-1989]
A. Legislative intent. The purpose of this section is
to provide for the protection of the health, safety and welfare of
the residents of the Village of Clyde by providing for the removal
of snow and the remedy of defective conditions from sidewalks within
the Village of Clyde.
B. Title. This section shall hereafter be known and cited
as the "Removal of Snow and the Remedy of Defective Conditions from
Sidewalks Law."
C. Authority. This section is adopted under the authority
of the laws of the State of New York.
D. Definitions. As used in this section, the following
definitions will prevail:
OWNER
Include an individual, partnership, corporation, receiver,
association, executor, administrator, trustee, guardian, or other
person(s) having a legal interest in property.
PEDESTRIAN
Include all persons making use of public streets or sidewalks
for foot passage.
SIDEWALK
That portion of a street outside of the roadway used or set
aside for use of pedestrians, or that portion of land abutting a roadway
used or set aside for the use of pedestrians.
VILLAGE
The Village of Clyde, New York.
E. Care of sidewalks.
(1) Snow and defective conditions.
(a)
The owner or occupant, tenant, lessee, undertenant,
receiver, or assignee of premises abutting any street where a sidewalk
has been laid shall have the duty to clear snow from the sidewalk
on such premises and keep such premises free from all defects so that
the sidewalk is in a passable condition and clear from snow and free
from all defects and in a state of safe repair. If the owner or occupant
above mentioned shall fail to remove snow within 48 hours after it
has fallen on the sidewalk or otherwise fail to keep the premises
in a state of safe repair, and after having been notified of the condition
and being requested by the Village to perform the duty set forth above,
the Village may, in its sole discretion, provide for the removal or
remedy thereof at the expense of the owner of such premises, and such
charge shall become a lien upon the premises benefited thereby and
shall be collected by the Village Treasurer as provided by law.
(b)
No person shall shovel, plow, throw, or otherwise
deposit any snow on any sidewalk, street, highway, or other public
way within the Village.
(c)
No person shall permit the eaves of any building
owned or occupied by them to shed water upon any sidewalk abutting
the premises, and shall keep the eaves and gutters of any such building
open and free from accumulating snow upon any sidewalk within the
Village.
(d)
The owner as defined herein shall be liable
for any injury or damage by way of such breach of duty as set forth
above.
F. Violations.
(1) Notwithstanding, any of the provisions and remedies
contained elsewhere herein, failure to comply with any subsection
of this section shall be a violation, and such violation may be enforced
as provided by law.
(2) Each day that a prohibited condition as defined in
this section shall be allowed to continue to exist shall constitute
a separate violation.
(3) This section may also be enforced either by removing
the snow, as outlined above, or by charging the owner or occupant,
tenant, lessee, undertenant, receiver, or assignee of premises abutting
the sidewalk with a violation.
G. Penalties for violation. A violation of this section,
or any subsection thereof, or any part of any subsection thereof,
shall be a violation, and shall be punishable by fine not to exceed
$250 or by imprisonment not to exceed 15 days, or by both such fine
and imprisonment. Nothing herein contained shall prevent the Board
of Trustees from enforcing obedience of this section, or any part
or subsection thereof by injunction or other legal proceedings before
any court of competent jurisdiction, or in any other legal manner.
Sidewalks hereinafter constructed or replaced
on public and/or private property in the Village of Clyde shall be
constructed according to the specifications hereinafter set forth
so as to establish reasonable safeguards for the safety, health and
welfare of the general public by the requirement that all sidewalks
available for use of the general public in the Village of Clyde be
of uniform size and construction.
A. Subgrade.
(1) Walks shall be a minimum of four feet in width and
four inches in thickness; driveways shall be six inches in thickness.
The area on which the walk is to be constructed shall be excavated
and filled to an elevation to be established by the Village of Clyde.
The said area, called subgrade, shall be shaped to a plane surface,
parallel to and four inches below the surface of the finished grade
of the walk as established and shall extend six inches on either side
of the walk in excavation and 18 inches on either side in embankment.
[Amended 5-24-2007 by L.L. No. 4-2007]
(2) The subgrade shall slope 1/4 inch per foot horizontally
toward the roadway, or as approved by the Village, and follow the
longitudinal grade established.
[Amended 5-24-2007 by L.L. No. 4-2007]
(3) The subgrade material shall be free of large stones,
tree roots or any other foreign substance, and it shall be thoroughly
compacted.
(4) The subgrade shall be wetted prior to the placement
of the concrete.
(5) Where tree roots are encountered, then six inches
below the bottom of the walk shall be excavated and all roots in this
six-inch depth removed. The area shall be backfilled with gravel,
or other material free of topsoil, and compacted before laying walks.
Roots shall be cleanly cut.
B. Forms. Forms require inspection prior to concrete
placing. Forms shall be free from warp and have sufficient strength
to resist springing out of shape. The forms shall be well staked or
otherwise held to the established lines, and the upper edges shall
conform to the established grade of the walk. All wood forms shall
be thoroughly wetted, and all steel forms shall be oiled before any
concrete is deposited against them. All mortar, dirt or other extraneous
material will be removed from forms before they are used.
[Amended 5-24-2007 by L.L. No. 4-2007]
C. Concrete.
(1) All concrete placed in walks shall be Class A concrete,
or equally approved concrete, having a minimum twenty-eight-day compressive
strength of 3,500 psi. A minimum of six bags of cement shall be placed
in each cubic yard of concrete. The cement used shall be Type II Portland
Cement. The concrete, when placed, shall have a slump not exceeding
three inches.
[Amended 5-24-2007 by L.L. No. 4-2007]
(2) The concrete aggregate shall be crushed stone or crushed
gravel having a minimum of 85% of fractured particles.
(3) The coarse aggregate shall consist of No. 1 stone
and No. 2 stone with the mixture containing 50% of each or approved
mix.
[Amended 5-24-2007 by L.L. No. 4-2007]
(4) The concrete shall be placed in one course to the
full depth of four inches or six inches where specified.
[Amended 5-24-2007 by L.L. No. 4-2007]
D. Joints and surface finish.
(1) The concrete surface shall be scored at intervals
of four feet or as otherwise required by the Village of Clyde so that
the finished walk will be marked in squares. The concrete shall be
finished to produce a smooth and uniform surface. Broom finish is
required.
[Amended 5-24-2007 by L.L. No. 4-2007]
(2) Transverse construction joints shall extend to the
full depth of the slab and spaced 20 feet to 24 feet apart. The edges
of such joints shall be finished with an edging tool having a one-fourth-inch
radius.
(3) A premolded bituminous joint filler shall be installed
at all joints between sidewalk and curb, pavement, building, existing
sidewalk, driveways and aprons.
(4) The surface shall be sealed and edged by magnesium
troweling, and lightly broomed with care being taken to eliminate
the markings left by the edging tool.
E. Curing. The concrete shall be cured by covering it
with a sisalkraft paper or burlap which shall be wetted and kept in
place for seven days. As an alternate, the use of colorless curing
compound product will be accepted when sprayed as per manufacturer's
instructions.
F. Measurement. The quantity of concrete sidewalk to
be subsidized will be the number of square feet of walk laid to these
specifications.
G. Reimbursement.
[Amended 7-8-1999 by L.L. No. 2-1999]
(1) Upon substantial compliance with Subsections
A through
F of this section, the owner of said property, upon which the sidewalk has been constructed, shall be entitled to reimbursement at the rate of $5 a square foot.
[Amended 5-24-2007 by L.L. No. 4-2007; 1-25-2017 by L.L. No. 1-2017]
(2) The Village of Clyde Board of Trustees or any person designated by them shall have the discretion to determine whether or not there has been substantial compliance with Subsections
A through
F of this section.
(3) The Village of Clyde Board of Trustees shall also
have the discretion to compensate for the improvement of any sidewalk
at a rate greater than or less than $5 per square foot, not to exceed
50% of the total cost.
[Amended 5-24-2007 by L.L. No. 4-2007]