[HISTORY: Adopted by the Board of Trustees
of the Village of Owego as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-1969 as Ch. 15, Art. I, of the 1969 Code
of Ordinances]
No person shall play at bat and ball or play
any game of ball within the limits of the streets of the village.
No person shall coast or slide downhill upon
any sled, staves, runners of any description or carts upon any of
the sidewalks of the village.
No person shall throw, place, pile, deposit
or leave any ashes, stones, dirt, brush, straw, shavings, lime refuse,
coal, scraps, slops or other refuse or waste matter or rubbish of
any description into or in or upon any street, alley, park or lane
of the village.
No person shall throw, leave or deposit or cause
to be thrown or left or deposited in or upon any of the streets, alleys,
sidewalks or public parks of the village any dodgers, posters, bills,
advertisements or paper or papers of any description.
No person shall lead, ride or drive any horse,
beast of burden, cattle or swine over or upon any sidewalk in the
village.
No persons shall cause or allow any team, horse
or draft animal to stand unattended or unhitched at any time within
the limits of the streets or public parks of the village.
No street or cross street, lane, alley or public
passageway, sidewalk or crosswalk within the limits of the village
shall be obstructed or encumbered by any engine, tender, passenger,
mail, baggage, freight or any other car or cars, single or connected,
for exceeding five minutes at any one time.
No person shall pile or store or cause to be
piled or stored or keep any log, timber, box, cask, stone, planks,
boards, building material or similar articles in any street or public
square within the village; provided, however, that nothing herein
contained shall be deemed or construed to apply to persons engaged
in moving or unloading goods or articles while so actually engaged
in moving or unloading and personally present therewith.
[Amended 5-18-1992 by L.L. No. 1-1992]
A.
It shall be unlawful for any person to place any movable
goods, wares, merchandise or other article upon any sidewalk within
the Village of Owego which is less than six feet in width measured
from the curb to the building or inside line of the sidewalk.
B.
For those sidewalks wider than six feet in width,
it shall be lawful to place any of the above-described items upon
the sidewalk, provided that the following rules are adhered to:
(1)
A minimum five-foot passageway must be maintained
on all sidewalks at all times.
(2)
This five-foot passageway in front of each store must
generally align with the five-foot passageway in front of the adjacent
stores.
(3)
Where parallel parking is allowed at the curb, a minimum
two-foot six-inch passageway must be maintained from the curb edge
to the placement of items to allow for the opening of vehicle doors
and exiting the vehicle.
(4)
Where parking is not allowed or where angular parking
is allowed, the above-described items may be placed up to the inside
curbline.
(5)
Where handicapped parking is designated, a minimum
four-foot passageway must be maintained from the curb edge to the
placement of items to allow for the opening of vehicle doors and exiting
the vehicle.
(6)
In all situations involving designated parking spaces,
there shall be a minimum two-foot passageway at each perpendicular
or angular marking line of the parking space for persons to enter
onto the five-foot passageway from the curb area.
C.
It shall be unlawful for any person to place any of
the above-described items upon the sidewalk in front of any entrance
or exit door leading onto the sidewalk so as to hinder entering or
exiting said door; or within or in front of any of the rest areas
adjacent to the sidewalks; or in or across any crosswalk area, within
the Village of Owego.
D.
The merchant responsible for the placement of the
aforesaid items upon the sidewalk accepts full liability for any and
all injuries caused by his or her negligence, if any, in the manner
in which the items were placed upon the sidewalk.
E.
This section shall not apply to persons engaged in
moving or unloading any of the above-described items while such persons
are actually engaged in such moving or unloading and personally present
therewith.
F.
It shall not be considered a violation of this section
to place properly contained or bundled garbage and refuse or recyclable
materials upon the curbside of the sidewalk on days of collection.
A.
Duty of owner. All owners and occupants of property
within the corporate limits of the village are hereby required to
trim and keep trimmed all trees and shrubbery adjoining or in the
vicinity of the sidewalks opposite their property in such manner that
the sidewalks shall not be obstructed in any manner by such trees
or shrubbery or by any limb or branch thereof. All such trees adjoining
such sidewalks shall be trimmed to the height of 10 feet from the
ground.
B.
Enforcing authority. The Superintendent of Public
Works is hereby authorized and instructed to see that this section
is observed and kept by all such owners and occupants.
C.
Failure of owner to trim. Upon the failure of any owner or occupant to comply with Subsection A, the Superintendent of Public Works shall cause such trees and shrubbery to be trimmed, and, where necessary, he shall remove all trees and shrubbery left or permitted to grow or stand in violation of said subsection.
D.
Report of violations. The Superintendent of Public
Works shall report all violations of this section to the Board of
Trustees.
[Amended 4-15-1974]
A.
Removal required in residential area. All snow and
ice shall be removed at least once each day from all sidewalks in
residential areas of the Village of Owego between November 15th and
April 15th of each year and between the hours of 6:00 a.m. and 10:00
p.m. of each day except only in case of continuous fall during these
hours.
[Amended 12-21-2009 by L.L. No. 5-2009]
B.
Removal required in Central Business District. All snow and ice shall be removed at least once each day from all sidewalks in the Central Business District of the village between 6:00 a.m. and 10:00 a.m. of each day, except only sidewalks fronting residential dwellings that are included in the perimeter streets of the Central Business District, which shall be governed by Subsection A above. The Central Business District is bounded as follows: Front Street between Church Street and Parker Lane; Parker Lane; Liberty Street between Main Street and Temple Street; Temple Street between Liberty Street and Central Avenue; Central Avenue between Temple Street and Fox Street; Fox Street between Central Avenue and North Avenue; North Avenue between Fox Street and Temple Street; Temple Street between North Avenue and Church Street; Church Street from Temple Street to Front Street.
C.
Removal from sidewalks fronting industrial property.
Removal of snow and ice from sidewalks fronting industrial property
shall be governed by the area in which it is located as defined above.
D.
Failure to remove. The Village of Owego Police Department is charged with enforcing the provisions of this section. All property owners and tenants failing to remove or make provisions for removal of snow and ice as required by Subsection A, B, or C from the sidewalks adjoining the property owned or occupied by them shall, for a first conviction between November 15th and April 15th of the given year, be punished by a fine not less than $5 nor more than $250 or by imprisonment by not more than 15 days, or by both such fine and imprisonment; for a second such conviction between November 15th and April 15th of the given year, such person shall be punished by a fine not less than $50 nor more than $250 or by imprisonment for no more than 15 days, or by both such fine and imprisonment; upon a third or subsequent conviction between November 15th and April 15th of the given year after the first conviction, such person shall be punished by a fine of not less than $100 nor more than $250 or by imprisonment for no more than 15 days, or by both such fine and imprisonment.
[Amended 4-21-1997 by L.L. No. 1-1997; 12-21-2009 by L.L. No. 5-2009]
[Amended 4-15-1974]
The Board of Trustees may construct and repair
crosswalks upon the streets within the village. It may also construct
and repair sidewalks, curbs and gutters upon such a street wholly
at the expense of the village or of the owner or occupants of the
adjoining land or partly at the expense of each and may prescribe
the manner of doing such work and the kind of materials to be used
therein. If a sidewalk, curb or gutter is so required to be constructed
or repaired wholly at the expense of the owners or occupants of the
adjoining lands, a notice specifying the place and manner and the
time, not less than 10 days in case of a new walk or not less than
24 hours in case of repairs, within which the sidewalk, curb or gutter
is required to be constructed or repaired shall be served upon such
owners or occupants. If an owner or occupant shall not construct or
repair the sidewalk, curb or gutter as required by the notice, the
Board of Trustees may cause the same to be so constructed or repaired
and assess the expense thereof upon the adjoining land. If a sidewalk,
curb or gutter is to be constructed or repaired at the joint expense
of the village and the owner or occupant, the Board of Trustees may
cause the same to be constructed or repaired and assess upon the adjoining
land the proportion of the expense chargeable against the same. All
grading done on sidewalks, curbs or gutters laid or repaired by the
owners of adjoining land shall be in accordance with the specifications
and under the direction and supervision of the Board of Trustees.
Assessments shall be made and collected and taxes levied as provided
by law. The Board of Trustees may issue bonds of the village to defray
the expense of any such work or improvement.
[Added 5-6-1996 by L.L. No. 1-1996]
A.
The purpose of this section is to establish specific
criteria and a test to determine which sidewalks in the Village of
Owego are in need of replacement.
B.
Sidewalks in the Village of Owego shall meet the following
standards. If they fail to meet the following standards, said sidewalks
shall be replaced.
(1)
All sidewalk/walkways in the village shall be sloped
toward the street a minimum of 1/4 inch per foot.
(2)
The change in elevation from one section of sidewalk
to an adjoining section shall in no event exceed 1 inch.
(3)
No cracks or missing pieces of more than 1/2 inch
in width shall be permitted in sidewalks.
C.
A continuous concrete sidewalk throughout the village
shall be the goal and standard of the village inclusive of driveway
crossings. Homeowners may, however, retain existing slate sidewalks
if they are kept in good repair. Slate sidewalks shall meet the same
rejection criteria as concrete sidewalks as stated above. Regardless
of the foregoing, the repair/replacement of slate sidewalks (unless
replaced by concrete) are exempt from the Village's 50/50 repair/replacement
program.
[Added 4-21-1997 by L.L. No. 1-1997; amended 1-7-2008 by L.L. No.
1-2008]
A.
Any person
violating any provision of this article shall be punishable by a fine
of not more than $250 or imprisonment for not more than 15 days, or
both such fine and imprisonment.
B.
In addition
to the enforcement provisions described herein, the Department of
Public Works, or any department so authorized by the Board of Trustees,
shall assess an administrative fee plus the cost of such improvement,
work or act to the property owner in an amount as set forth from time
to time by resolution of the Board of Trustees. Said administrative
fees left unpaid will also be included in any lien placed against
the property and will be added to the property owner's taxes.
[Adopted 12-1-1969 as Ch. 15, Art. II, of the 1969 Code
of Ordinances]
This article shall be known and cited as an
"Ordinance Regulating the Excavation of Streets within the Village
of Owego, New York."
A.
Required generally. It shall be unlawful for any person
to make or cause to be made any excavation, hereinafter referred to
as an "opening," in or under any street, sidewalk or public place
or any portion thereof, whether paved or otherwise, in the village
for any purpose whatsoever, except upon compliance with the provisions
of this article and the obtaining of a permit and the payment of a
fee therefor as hereinafter provided.
B.
Waiver of permit for utility poles and anchors. The
Superintendent of Public Works shall, upon application being made
to him, be empowered to certify, in writing, to the Village Clerk-Treasurer
that, in the case of excavations for utility poles and anchors, a
permit shall not be required if sidewalk, curb or pavement is not
disturbed. This waiver of permit shall be granted only in the sound
discretion of the Superintendent of Public Works after investigation
and examination of the location of the proposed excavation for utility
poles and anchors.
[Amended 4-21-1997 by L.L. No. 1-1997]
A fee, in an amount set forth from time to time
by resolution of the Board of Trustees,[1] shall accompany each application for an opening permit
which shall be retained by the village to cover the cost of issuing
the permit and any inspections required.
At least 24 hours prior to the commencement
of work, any person or authorized representative of any firm, company
or corporation desirous of making any excavation shall file, in writing,
with the Village Clerk-Treasurer for permission to make such excavation.
Such application shall contain such information as the Board of Trustees
shall specify. A sketch showing the location, dimensions and character
of the opening shall accompany the application.
Each permit required by this article or a renewal
thereof shall expire on December 31 next following the issuance thereof
and may be renewed upon written application to the Village Clerk-Treasurer.
Permits issued during the month of December will expire on the second
December 31 following the date of issuance and may be renewed once
without payment of an additional fee.
[Amended 4-21-1997 by L.L. No. 1-1997]
A.
Prior to the issuance of an opening permit, the applicant
shall deposit with the Village Clerk-Treasurer a sum of money in cash
or certified check sufficient to reimburse the village for all expenses
incurred by it in restoring the disturbed surface of the street or
other area opened. Such deposit shall be set forth from time to time
by resolution of the Board of Trustees.[1]
B.
In the event that more than one type of surface is
to be excavated, the deposit shall be based on the square footage
of each type surface, and the minimum deposit shall be set forth from
time to time by resolution of the Board of Trustees.
Any person may elect to restore an opening in a street or other area in lieu of the village doing so by signifying such election, in writing, at the time application for the permit provided for in this article is made. In the event that such election is made, the applicant shall not be required to make the deposit required by § 172-20; provided, however, that the Board of Trustees may exact security for the restoration of such opening by any person electing to restore, in lieu of the village doing so, either by a bond, certificate of indemnity or guaranty of a responsible person or corporation in an amount deemed by the Board of Trustees to be sufficient security for such restoration, the same to be discharged or released when restoration is completed to the satisfaction of the Board of Trustees.
Any public utility may be entitled to commence
street opening work of an emergency nature, provided that, if the
office of the Village Clerk-Treasurer is closed, the Police Department
is notified and application for such permit is made in the manner
outlined herein before the close of business hours of the first working
day following the date of the emergency opening. Street openings for
the sole purpose of making original installations or connections will
under no circumstances be classed as emergency work.
The owner or owners of the property benefited
and the person executing the work shall comply with the following:
A.
Pursuance of work. All work under the permit shall
be pursued diligently and continuously until completed.
B.
Lights, barricades, etc. Proper lighting, barricading,
reflectors, signs and watchmen shall be provided when necessary to
protect the public.
C.
Gutters. Gutters shall be kept clear so that the free
flow of water is permitted.
D.
Closing streets to traffic. Not more than 1/2 of the
paved width of any street shall be closed to traffic at one time.
E.
Size of excavation. The size of the excavation shall
not exceed that for which the permit was issued without first amending
the permit as issued.
F.
Backfilling sheeted excavations. In backfilling sheeted
excavations, the sheeting shall be left in place but shall be cut
down one foot below grade.
G.
Tunnelling; undercutting. No tunnelling or undercutting
shall be permitted without special permission of the Superintendent
of Public Works.
All work done under a permit issued under the
provisions of this article shall be subject to the inspection and
approval of the Superintendent of Public Works.
[Amended 8-3-1981 by L.L. No. 1-1981]
Generally, excavations shall be carefully backfilled
with material native to the excavated area deposited in four-inch
layers and tamped. All streets, sidewalks and public ways shall be
left in such condition that they will be free from hazard and safe
for public travel. The village shall be notified, in writing, when
backfilling is completed.
When the pavement is restored to a permanent condition by the village, the permit holder shall pay for the cost of such restoration based on the actual area involved and in accordance with the schedule of rates provided for in § 172-20 hereof; such payment to be deducted from the amount deposited and the balance, if any, being refunded to such permit holder. In the event that the deposit provided for in § 172-20 shall be insufficient to pay for the cost of restoration of the pavement by the village or if the permit holder has elected under the provisions of this article to fill the opening and restore the pavement but has failed to do so in compliance with this article, the permit holder shall be liable to the extent of any deficiency after having been advised by the village of the amount thereof.
