City of Buffalo, NY
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2023-11-15
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The Code
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Part II, General Legislation
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Chapter 413 Streets and Sidewalks
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Article XIII Encroachments
- The Charter
- Ch C The Charter
- Ch CDL Disposition of Charter Legislation
- The Code
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 6 Boards, Committees, Agencies and Commissions
- Ch 12 Ethics, Code of
- Ch 16 Finance
- Ch 24 Libraries
- Ch 27 Notice, Publication of
- Ch 30 Office Hours and Holidays
- Ch 35 Personnel Policies
- Ch 37 Police Department
- Ch 44 Seal
- Ch 46 Telecommunications, Office of
- Ch 48 Time, Official
- Ch 53 Vehicles, City-Owned
- Part II, General Legislation
- Ch 63 Aircraft
- Ch 66 Air Pollution
- Ch 69 Alcoholic Beverages
- Ch 72 Ambulances and Ambulance Drivers
- Ch 75 Amusements
- Ch 78 Animals
- Ch 81 Auctions and Auctioneers
- Ch 85 Bait Dippers
- Ch 88 Bakers and Confectioners
- Ch 91 Bicycle Paths
- Ch 92 Billiard and Pool Rooms and Bowling Alleys
- Ch 94 Boilers and Engines; Engineers
- Ch 96 Bonds and Contracts
- Ch 98 (Reserved)
- Ch 101 Buildings, Cleaning of
- Ch 103 Building Construction and Demolition; Fire Prevention
- Ch 105 (Reserved)
- Ch 107 Buildings, Moving of
- Ch 109 Buildings, Numbering of
- Ch 111 Buildings, Public
- Ch 113 Buildings, Unsafe
- Ch 116 Burials
- Ch 119 Burning, Open
- Ch 120 Bureau of Administrative Adjudication
- Ch 122 Business Identification and Registration
- Ch 129 Certificates of Occupancy
- Ch 130 Sales of Cannabis and Products Containing Cannabis
- Ch 131 Certificate of Operation
- Ch 132 Tobacco/Hookah/Vaping Establishments
- Ch 133 City Property
- Ch 137 Code Enforcement
- Ch 140 Collection Agencies
- Ch 141 Collection of Arrears
- Ch 142 Collection Boxes
- Ch 143 Consumer Electronics Installation and Repair
- Ch 144 Contractors
- Ch 150 Dances and Dance Halls
- Ch 154 Discrimination
- Ch 158 Diseases, Infectious
- Ch 159 Dentistry
- Ch 160 Domestic Partnership Registry
- Ch 161 Drugs
- Ch 165 Electricity
- Ch 167 Elevators and Conveyances
- Ch 168 Environmental Review
- Ch 169 Excavations and Quarries
- Ch 175 Fees
- Ch 180 Firearms, Arrows and Other Weapons
- Ch 183 Flags
- Ch 186 Flammable Liquids
- Ch 189 (Reserved)
- Ch 193 Food and Drugs
- Ch 194 Food Stores
- Ch 196 (Reserved)
- Ch 199 Fruits and Vegetables
- Ch 203 Fumigation
- Ch 209 Gambling
- Ch 213 Games of Chance
- Ch 216 Garbage, Rubbish and Refuse
- Ch 219 Gasoline
- Ch 222 (Reserved)
- Ch 226 Grain
- Ch 232 Handbills and Other Publications
- Ch 235 Hazardous Materials and Wastes
- Ch 238 Heating
- Ch 242 Housing Standards
- Ch 249 Inspections
- Ch 254 Junk Dealers and Pawnbrokers
- Ch 259 Laundries and Clothes Cleaners
- Ch 261 Lead-Based Paint Abatement
- Ch 263 Licenses
- Ch 264 Rental Dwelling Unit Registration
- Ch 265 Property Managers
- Ch 266 Liquefied Petroleum Gas
- Ch 269 Lodging Houses
- Ch 270 Eviction for Illegal Drug Use and Possession
- Ch 275 Markets
- Ch 277 Mortgage in Default Property Registry
- Ch 278 Motion Pictures
- Ch 281 Multiple Housing
- Ch 286 Naming of Streets, Parks and Public Buildings
- Ch 288 Natural Gas Extraction
- Ch 289 Newsstands
- Ch 293 Noise
- Ch 294 Nuisance Abatement
- Ch 295 Nuisance Party
- Ch 299 Obscenity
- Ch 302 Oil and Gas Wells
- Ch 307 Parking and Parking Lots
- Ch 309 Parks and Other Open Spaces
- Ch 313 Peace and Good Order
- Ch 316 Peddling and Soliciting
- Ch 317 Aggressive Panhandling
- Ch 319 Performers, Outdoor
- Ch 322 (Reserved)
- Ch 326 Plumbing
- Ch 330 Poles and Wires
- Ch 333 Police Shields, Use of
- Ch 337 Preservation Standards
- Ch 341 Property Maintenance
- Ch 343 Promoting General Welfare of Minors in Public Places
- Ch 345 Public Safety, Obstruction of
- Ch 352 Railroads
- Ch 356 Rat Control
- Ch 361 Records
- Ch 365 Refrigerators
- Ch 370 Restaurants
- Ch 372 Bouncers
- Ch 378 Sanitation
- Ch 383 Shortwave Broadcasts
- Ch 387 (Reserved)
- Ch 391 Slaughterhouses
- Ch 395 Smoke Detectors
- Ch 399 Smoking
- Ch 404 (Reserved)
- Ch 409 Statues and Monuments; Public Art
- Ch 413 Streets and Sidewalks
- Ch 413 Art XIII Encroachments
- § 413-67 Encroachment regulations.
- Ch 414 Special Events
- Ch 417 Strikebreakers
- Ch 421 (Reserved)
- Ch 425 (Reserved)
- Ch 430 Swimming Pools
- Ch 431 Tax Preparers, Regulation of
- Ch 437 Taxicabs, Liveries and Sightseeing Buses
- Ch 440 Telecommunications
- Ch 441 Telephone Facilities
- Ch 442 Wireless Facilities in Public Right-Of-Way
- Ch 444 (Reserved)
- Ch 449 Tires
- Ch 452 Alcohol Advertising
- Ch 454 Tow Trucks and Motor Vehicle Booting
- Ch 459 Trailers
- Ch 463 Transient Businesses; Trade Shows and Festivals
- Ch 467 Trees, Shrubs and Plants
- Ch 475 (Reserved)
- Ch 479 Vehicles and Traffic
- Ch 483 Vending Machines
- Ch 491 Water and Water Pollution
- Ch 495 Wharves, Harbors and Bridges
- Ch 496 Unified Development Ordinance
- Ch 501 Wood and Coal
- Ch 511 (Reserved)
- Distribution Table
- Ch DT Distribution Table
- Disposition List
- Ch DL Disposition List
[Derived from Sec. 54-A of Ch. IV of the Charter and Ordinances,
1974; amended in its entirety 2-6-2001, effective 2-20-2001]
In the case of all encroachments upon the public right-of-way
granted under this chapter, the following additional regulations shall
apply, unless otherwise authorized by the Commissioner of Public Works,
Parks and Streets with the consent of the Common Council:
A.Â
No encroachment placed upon the public right-of-way shall be less
than 18 inches from any curbline.
B.Â
No encroachment which obstructs the view of pedestrians or vehicular
traffic may be placed within 50 feet of an intersection.
C.Â
No encroachment shall be placed so that less than eight feet of sidewalk
space between said encroachment and the frontage of a building exists
for the purpose of pedestrian traffic.
D.Â
The Commissioner of Public Works, Parks and Streets shall have the
authority to remove any encroachment in order to require street, sidewalk
or curb replacement or any other necessary repair for so long as such
removal is necessary. In the event that removal becomes necessary,
the license fee paid by the applicant shall be refunded on the basis
of the prorated time for which the removal was effectuated.
E.Â
The Commissioner of Public Works, Parks and Streets shall prescribe
all necessary requirements as a condition to placing any encroachment
upon the public right-of-way, including method of placement, manner
of securing said encroachment, care and maintenance of said item,
method of removal and/or replacement of said item and indemnification
to the City of Buffalo as a condition of placement of said item. These
conditions shall be in addition to any conditions imposed by the Common
Council in granting approval.
F.Â
In the event that the Commissioner of Public Works, Parks and Streets
determines the encroachment must cease as a result of factors effecting
the health, safety and welfare of the public, or the needs of the
City, the Commissioner of Public Works, Parks and Streets may order
the immediate removal of said encroachment and shall notify the Common
Council of all notices so issued. Any fee paid for such encroachment
so removed shall be refunded on a pro rata basis, taking into account
the amount of unused time remaining on the license granted therefor.
G.Â
In the case of any item not enumerated in this chapter, which a person,
firm, corporation or organization wishes to place upon the public
right-of-way, permission shall be sought from the Common Council upon
recommendation of the Commissioner of Public Works, Parks and Streets,
and approval shall be granted upon conditions, including appropriate
fees recommended by the Commissioner of Public Works, Parks and Streets.
H.Â
Any encroachment by an enclosed sidewalk cafe or other semi-permanent
structure into the public right-of-way shall be approved by the City
Planning Board.
