[Derived from Secs. 2, 3, 6, 7, 8, 12, 13, 58, 59, 60 and
64 of Ch. IV and Secs. 11 and 13 of Ch. IX of the Charter and Ordinances,
1974]
[Amended 2-19-2013]
A.
The public
streets within the City shall be used solely for the passage over
of pedestrians and vehicles, and the public right of passage shall
extend throughout the entire width of such streets, uninterrupted
and unobstructed; provided, however, that an owner or person in interest
of a structure fronting in whole or in part upon a public street who
desires to extend such structure into the public street may file with
the Commissioner of Public Works an application stating the reasons
therefor, accompanied by a plot plan showing the nature, location
and extent of the proposed encroachment; and, upon the examination,
review and recommendation of the Commissioner, with or without conditions,
the Common Council may authorize, with or without conditions, said
encroachment upon the public street to a distance not to exceed six
feet.
B.
Notwithstanding
anything contained in this section to the contrary, the placement
on a permanent basis of up to 18 load-bearing columns in the public
right-of-way of Perry Street is specifically hereby permitted, subject
to approval by the Commissioner of the Department of Public Works,
Parks and Streets as to the precise size and locations of the columns
and further subject to such conditions as may be required by said
Commissioner. This subsection is for the limited and specific purpose
of facilitating the redevelopment of the Webster Block by allowing
for up to 18 load-bearing columns to provide structural support for
the building improvements to be erected by the Webster Block developer
in certain air rights space over that section of Perry Street from
and between Main Street and Washington Street.
A.
The public streets shall be divided into roadways with sidewalks
on either side, except that all or a portion of a sidewalk may be
discontinued; provided, however, that an alternate safe means of passage
is provided for pedestrian use pursuant to a plan that has been duly
approved by the Commissioner of Community Development and the Commissioner
of Public Works. Whenever any street is not paved, the space on either
side thereof for 10 feet in width shall be considered sidewalk, unless
the Commissioner of Public Works shall otherwise designate the width
of the walk and place at the crossings on each such street with stakes
indicating the location of the curbline.
B.
No person shall drive, ride or leave any vehicle, other than a baby
carriage, upon any portion of any sidewalk or ride, drive, lead or
leave any livestock or draft animal upon any portion of any street
designated or considered as a sidewalk, as herein provided, except
in crossing the same for the purpose of entering or leaving any premises
fronting thereon.
No person shall dig into or under any street or sidewalk or
remove, displace or carry away any dirt, soil, plank, paving, flagstone
or other material of which the surface of any street may be constructed
or displace, damage or remove the cover of any opening or outlet upon
the street surface, except when required or permitted by ordinance
so to do.
A.
No person shall place, put or deposit in or upon any public street,
place or grounds any substance or material whatsoever, except as permitted
by ordinance.
B.
No person shall sweep or permit any person in his employ to sweep
from any building or lot, owned or occupied by him or from the sidewalk
in front of such building or lot or so load and operate a vehicle
so as to permit the falling upon or deposit of any dirt, materials,
paper or rubbish of any kind into a public street or place, nor shall
any person throw, scatter or place within the limits of any public
street or place any paper, rags, dirt, garbage,[1] ashes or any refuse whatever, except as permitted by ordinance.
C.
No person shall place or cause to be placed in or upon the surface of any street, roadway or public place in the City a dumpster or similar large waste collection container without first having obtained a permit therefor from the Commissioner of Public Works and having paid for such permit a fee as provided in Chapter 175, Fees. All such dumpsters or large containers shall be so constructed, utilized, loaded or emptied that no material therefrom shall be spilled or scattered or allowed to fall upon or remain upon any public streets or grounds and shall be covered at all times when not being loaded or unloaded. No such dumpster or large container shall obstruct the public right-of-way.
D.
No person shall place or cause to be placed in or upon the surface
of any street, roadway, sidewalk or public place in the City any glass,
metal, stone, tacks and nails or other substance of a nature likely
to cause injury or damage to pedestrians, animals or vehicles. It
shall be the duty of any member of the Department of Police, having
knowledge of the presence of any such injurious substance in any such
street or public place, immediately to cause the same to be removed
or report the same to the Department of Street Sanitation, and the
Commissioner of Street Sanitation shall cause the same to be removed
without delay.
E.
No person, either directly or indirectly, shall place, put, deposit or discharge into or upon or cause to be discharged into or upon the City streets or any public subsurface sewer drain, entrance, receiver, manhole or underground tunnel, pipe shaft or conduit connected to or being part of the sewer system of the Buffalo Sewer Authority any cement or concrete or mixtures thereof, or any materials, fluids or substances, or mixtures of materials, fluids or substances, liable to solidify and obstruct or otherwise damage or clog such sewer system or any of the parts thereof. In addition to any fine or penalty provided for in Chapter 133, Article II, for a violation hereof, such person committing such violation shall be responsible in a civil action for any and all damages, cost of repairs and injuries resulting therefrom to the public sewer system, the Buffalo Sewer Authority and the City of Buffalo.
F.
Any person who willfully abandons any junk automobile on the streets or public property of the City of Buffalo or upon private property, except at a place licensed by the City for dumping or at a City dump or at a licensed junkyard, shall be subject to a fine or penalty as provided in Chapter 137, Article I, of this Code.
[Added 5-27-1997, effective 6-9-1997]
G.
Any person who willfully places a dumpster or similar large waste container on public property in the City of Buffalo without having first obtained a permit for such purpose from the Commissioner of Public Works shall be subject to a fine as provided in § 137-7, Class J. Each day such dumpster or similar large waste container is on public property in the City of Buffalo without a permit shall constitute a separate offense. The City of Buffalo Department of Public Works reserves the right to remove such dumpster or similar large waste container at the expense of the owner. Such removal may be accomplished either by City forces or a private firm hired at the discretion of the Commissioner of Public Works. The fine shall continue until such time as the proper permit is obtained, the dumpster or similar large waste container is removed by the owner or if the dumpster or similar large waste container is removed by the City, the owner has redeemed such dumpster or similar large waste container from the City.
[Added 4-2-1996, effective 4-17-1996]
H.
Any dumpster or similar large waste container that is placed by permit on public property in the City of Buffalo that does not adhere to the restrictions of the permit may be removed at the direction of the Commissioner of Public Works at the expense of the owner and shall be subject to a fine as provided in § 137-7, Class J. Such removal may be accomplished either by City forces or a private firm hired at the discretion of the Commissioner of Public Works. Each day such dumpster or similar large waste container is on public property in the City of Buffalo without adhering to the restrictions of the permit shall constitute a separate offense. The fine shall continue until such time as the restrictions of the permit are found to be complied with to the satisfaction of the Commissioner of Public Works or his designee or if the dumpster or similar large waste container is removed by the City, the owner has redeemed such dumpster or similar large waste container from the City.
[Added 4-2-1996, effective 4-17-1996]
A.
No person shall willfully obstruct any public street, crosswalk or
sidewalk or any passage into any church, theater, hotel, public hall
or railroad depot or on board of any boat.
B.
Notwithstanding the foregoing provisions of this section, peaceful
picketing of any of the foregoing premises where a strike has been
called by a bona fide labor union or its superiors and without unreasonable
obstruction of the street or sidewalk in front of said premises is
hereby allowed.
No person shall seize, hold or hang onto or get upon any railroad
car, locomotive or other vehicle for the transportation of persons
or property while the same shall be in motion; nor shall any person
get upon such car, locomotive or vehicle at any time without the permission
of the person in charge of said car, locomotive or vehicle; nor shall
any person interfere, meddle with or in any way injure or deface any
such car, locomotive or vehicle or take anything therefrom without
the express permission of the owner or person in charge thereof.
It shall be the duty of the owner or occupant of any premises
in the City to remove and correct unlawful encroachments, projections
into or obstruction upon and correct dangerous conditions in the street
in front of his premises; and if he fails to do so, the Commissioner
of Public Works shall cause such work to be done, and neither the
order of the Common Council nor notice to such owner or occupant shall
be necessary thereupon. The Commissioner of Public Works shall report
all such work to the Common Council, and the cost of the same shall
be included in a monthly or other assessment roll as provided by Section
571 of the Charter.
No person shall place or cause to be placed and permit to remain
on any street or public place in the City any obstruction to the free
use of such street or public place by the public, except as expressly
permitted by the ordinances of the City; provided, however, that upon
application to the Council by the Buffalo and Erie County Historical
Society, which shall be accompanied by a plot plan indicating the
size and type thereof, historical markers commemorating historical
sites may be authorized therein upon approval thereof by the City
Planning Board.
In addition to the fees otherwise provided for the issuance
of permits for a reasonable construction, obstruction and encroachment
authorized by law or ordinance, on or over any public street, place,
parkway or park approach, in cases where no other indemnification
is provided, the Commissioner of Public Works shall, as a condition
to the issuance of such permit, require in an amount to be determined
by him a surety company bond holding the City harmless against loss
and damage, claims, liens, proceedings and actions or a policy of
liability insurance or evidence thereof wherein the City is named
as assured against damage arising out of said construction, obstruction
or encroachment. Said bond or policy shall be approved as to form
by the Corporation Counsel and as to sufficiency by the Comptroller
and filed with the Comptroller.
No person shall spill, place or deposit upon the pavement of
any street in the City which is paved with asphalt or other hard material
any oil, grease or other substance which tends to disintegrate the
pavement or make it slippery or otherwise dangerous for pedestrians
or vehicles; and all vehicles which contain or which carry any such
oil, grease or other substance in, on or over the paved streets of
the City shall be equipped with dripping pans or other suitable devices
to prevent the dripping of such oil, grease or other substance upon
said streets. No owner, operator or driver of any vehicle mentioned
herein shall operate or propel or permit to be operated or propelled
any such vehicle in or on any paved street in the City without the
equipment or device hereby required.
A.
No person shall carelessly or intentionally break, deface or in any
way damage or unlawfully light or extinguish any of the public lamps
or lamp standards of the City, nor hitch or fasten any horse or other
animal thereto, nor hang or place any goods or merchandise of any
description, nor fasten any signs on any of said public lamps or lamp
standards, nor place any boxes or other heavy material upon or against
the same.
B.
The Department of Public Works shall have supervision over the public
lamps and lamp standards and of the lighting, cleaning, repairing,
extinguishing, locating and placing of the same and shall provide
for keeping such lamps clean and in good order. The Department of
Public Works shall provide that the lamps are kept properly lighted
during the whole number of hours specified in the contracts between
the City and the public utility companies and that the provisions
of such contracts are observed. At the end of each month, a report
shall be made to the Commissioner of Public Works of the number of
lamps not lighted during the current month and the number of hours
such lamps remained unlighted during times that the contracts required
lighting, and the amount due for the same shall be deducted from the
bills presented by the public utility companies.
A.
No person shall intentionally or carelessly break, deface, remove
or damage any street sign or traffic sign or the post or pole upon
which such sign is erected, has been erected or is intended to be
erected.
[Amended 3-19-1991, effective 3-28-1991]
B.
The Mayor is hereby authorized to offer or pay a reward of $250 for
any information leading to the apprehension and conviction of any
person violating or attempting to violate the provisions of this section.
It shall be the duty of any policeman on patrol duty to report
to the Captain of the precinct any defective or dangerous condition
in or about any sidewalk or roadway and, between sunset and sunrise,
any unlighted streetlights thereon, which report shall be transmitted
at once to the Commissioner of Public Works.
