Village of Sloan, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sloan 7-22-1959 (Ch. 157 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES

Fire prevention and building construction — See Ch. 205.

Littering — See Ch. 295.

Property maintenance — See Ch. 342.

Recycling — See Ch. 383, Art. I.

Sewers — See Ch. 360.

Vehicles and traffic — See Ch. 432.

§ 396-1
Definitions. 

§ 396-2
Use of streets. 

§ 396-3
Use of sidewalks. 

§ 396-4
Temporary closing of streets. 

§ 396-5
Protection of surfaces. 

§ 396-6
Deposits prohibited. 

§ 396-7
Temporary storage of materials and temporary structures in roadways; permits; fees. 

§ 396-8
Storage of merchandise on sidewalk. 

§ 396-9
Obstructions forbidden. 

§ 396-10
Removal encroachments; action by Village; recovery of costs. 

§ 396-11
Installation and repair of sidewalks and drains; width of sidewalk. 

§ 396-12
Maintenance of sidewalks. 

§ 396-13
Markings on sidewalks. 

§ 396-14
Removal of snow and ice from sidewalks. 

§ 396-15
Snowplowing. 

§ 396-16
Application for permit; fee; insurance. 

§ 396-17
Protection of trees. 

§ 396-18
Collection of garbage, rubbish and recyclables. 

§ 396-19
Sale of collected waste forbidden; unauthorized collection of waste prohibited. 

§ 396-20
Tractors and vehicles with cleats. 

§ 396-21
Repair of vehicles. 

§ 396-22
Hauling of excavated material. 

§ 396-23
Permit for moving buildings; fees; bond or insurance. 

§ 396-24
Awnings, canopies and marquees; permits. 

§ 396-25
Permits and procedures for street openings; fees. 

§ 396-26
Permit to cut curbing. 

§ 396-27
Lamps and lamp standards. 

§ 396-28
Report of street damage and unlighted streetlights. 

§ 396-29
Damage to street signs. 

§ 396-30
Filling low, swamp and waste lands. 

§ 396-31
Removal of fire and health hazards and weeds. 

§ 396-32
Penalties for offenses. 

The following words, as used in this chapter, shall have the meanings herein stated, unless a different meaning clearly appears from the context:

CROSSING
That part of a public street indicated for pedestrian crossing by lines or other markings or the extension of the sidewalk space across intersecting streets.
CURB
The boundaries of a roadway, whether marked by curbstone or not so marked.
DRIVER
A person who propels or operates or is in charge of a vehicle.
HORSE
All domestic animals used as draught animals or beasts of burden.
PEDESTRIAN
All persons making use of public streets for foot passage.
PERSON
An individual, a partnership, a corporation, a receiver, an association, an executor, an administrator, a trustee, a guardian or an agent.
ROADWAY
That part of a street intended for vehicular traffic.
SIDEWALK
That part of a street outside of the roadway used or set aside for the use of pedestrians.
STREET
The entire area conveyed, acquired or dedicated to public use and passage, and shall include in its meaning the words avenue, alley, drive, place or any other word used to designate the public thoroughfare as above defined.
VEHICLE
Any vehicle, as defined in the Vehicle and Traffic Law of the State of New York, licensed to operate on the highways of the State of New York and used to plow snow, but the term shall not include a vehicle used solely by a person, firm or corporation to plow snow within the confines of his or its own property, whether owned or leased.
[Amended 3-12-2002 by L.L. No. 1-2002]

The public streets within the Village 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, except as otherwise provided by ordinance.

[Amended 4-18-1989 by L.L. No. 1-1989]

The public streets shall be divided into roadways with sidewalks on either side. Whenever any street is not paved, the space on either side thereof for 10 feet in width shall be considered sidewalk unless the Public Works Crew Chief shall otherwise designate the width of the walk and place at the crossings on each such street stakes indicating the location of the curbline. 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 draught 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.

A. 

The Mayor is hereby authorized to close to traffic temporarily any public place or street or any part thereof for such time as he deems necessary whenever, on account of a public celebration, there are large assemblages of people, peculiar conditions or an emergency or when the public safety or convenience will be promoted thereby. The Public Works Crew Chief is charged with the duty of enforcing such closing upon the Mayor's direction.

[Amended 4-18-1989 by L.L. No. 1-1989]

B. 

Reviewing stands and other temporary structures may be placed upon parts of streets or public places, closed, as herein provided, with the consent of the Mayor and under conditions prescribed by him; provided, however, that such consent may at any time be modified or revoked by the Village Board of Trustees.

A. 

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 to do so.

B. 

No person shall spill, place or deposit upon the pavement of any street in the Village which is paved any oil, grease or other substance which tends to disintegrate the pavement or make it slippery or otherwise dangerous for horses 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 Village 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 Village without the equipment or device hereby required.

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 any dirt, 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, 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, sidewalk or public place in the Village 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 enforcement officer of the Village 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 Public Works Crew Chief, who shall cause the same to be removed without delay.

[Amended 4-18-1989 by L.L. No. 1-1989]

A. 

Except as hereinafter provided, no person shall use any part of a public highway or any public place for the deposit or temporary storage of any building, paving or sewer materials or any other materials unless for the immediate transfer of the same to or from premises adjacent to such temporary storage place. No such materials shall be allowed to remain on such highway or place longer than sundown of the same day; provided, however, that the Mayor may issue a permit to any owner, contractor or person doing work on any premises, in case there is not sufficient space on said premises to deposit said materials, to use for temporary storage purposes not more than 1/3 of the roadway of any highway in front of said premises and a portion or all of the sidewalk space in front of said premises as the Mayor shall deem necessary; and further provided that the Mayor may issue a permit to any owner, contractor or person doing work on any premises or in the highway adjacent thereto, in case the proper performance of such work requires the use of a portion or all of the sidewalk space or a portion of the roadway (up to 1/3 of the width thereof in front of said premises), to use such portion or portions of the public highway for the construction of a temporary shed, overhead structure, sidewalk, fence, barrier or protective structure, as the Mayor shall deem necessary. Such shed, structure, fence, etc., shall be promptly removed by and at the expense of the permittee when said work is finished or said temporary structure is no longer necessary.

B. 

Any permit issued by the Mayor pursuant to this section shall be for a period not to exceed 30 days, except that the Mayor may renew the same in his discretion. The fee for any such permit shall be fixed at the rate as set from time to time by resolution of the Board of Trustees. The renewal fee shall be at the same rate.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. 

Any person holding any permit under this section shall not occupy with construction material or structures any portion of any highway for any of the foregoing purposes other than as permitted by the Mayor in accordance with this section.

D. 

Every permittee shall, during the period between sunset and sunrise, display a sufficient number of red lights on such material or structures to warn the public of the existence of such obstruction. In case any person, firm or corporation shall violate or disobey the directions of the Mayor relating to such materials, such violation or disobedience shall operate as a forfeiture of all rights and privileges under such permit, and the Mayor may, at his option, cause such materials to be removed to some suitable place or storage, whence the material may be redeemed only upon the payment to the Village of the cost of such removal and storage. Any person violating any provision of this section shall be liable to a penalty as provided in § 396-32 for each day such violation shall continue.

[Amended 4-18-1989 by L.L. No. 1-1989]

E. 

In cases where any public improvement is about to be or is being made in any public highway, the contractor or person having control and charge of such improvement may deposit material thereon in such manner and for such time as may be required or permitted by the Mayor.

No person shall, except as hereinafter provided, leave or deposit any goods, wares or merchandise upon any sidewalk, except that such articles may be so deposited for not more than two hours while receiving the same in original packages or when in packages intended for delivery after actual sale thereof, provided that such goods shall be placed inside the curbline and within four feet thereof and shall not be piled to a greater height than four feet.

No person shall place or cause to be placed and permit to remain on any street or public place in the Village any obstruction to the free use of such street or public place by the public, except as expressly permitted by the ordinances of the Village.

It shall be the duty of the owner or occupant of any premises in the Village to remove and correct unlawful encroachments, projections into or obstructions upon and correct dangerous conditions in the street in front of his premises, and if he fails to do so, the Mayor shall cause such work to be done, and neither the order of the Board of Trustees nor notice to such owner or occupant shall be necessary thereupon. The Mayor shall report all such work to the Board of Trustees, and the cost of the same shall be assessed against the premises from which such encroachment, projection or condition originated.

A. 

It shall be the duty of the owner or occupant of any premises in the Village to lay and relay sidewalks in front of such premises whenever the same shall be ordered by the Board of Trustees. The Village Clerk shall notify the owner or occupant of any premises in front of which such work shall be required to be done that, if the same is not done within 20 days, the same shall be done by the Village and the expense thereof shall be assessed upon such premises. Such notice may be served personally or by mail upon the owner as listed in the last preceding assessment roll. In case any such work shall not be done within the time specified in such notice, the Mayor may cause such work to be done, and the expense thereof shall be a charge and lien upon and shall be assessed against such premises.

B. 

It shall be the duty of such owner or occupant to keep in repair the water, sewer and gas service pipes serving his premises, the sidewalks in front thereof and the driveways into the same and to install drains connected with the sewer on open land to prevent unusual and dangerous accumulations of water and ice upon sidewalks, roadways and public places.

C. 

However, where any sidewalk lying between the street line and the curb is damaged by reason of trees or roots of such trees situated on Village-owned lands, said sidewalk shall be reconstructed or repaired by the Department of Public Works at the sole expense of the Village, and the tree or root of such tree causing such damage shall be removed by the Department of Public Works at the sole expense of the Village.

D. 

Sidewalks shall be constructed of concrete and shall not be less than four feet in width except by permission from the Department of Public Works.

[Amended 4-18-1989 by L.L. No. 1-1989; 5-13-1996]

It shall be the duty of every owner or occupant of any premises fronting on any public street or ground to keep the sidewalk in front of the same in good order and repair, and he shall allow no accumulation of dirt, refuse or other material to remain thereon.

No person, unless authorized by the Board of Trustees, shall paint, mark, write, print or stencil any letters, figures, pictures or characters of any kind upon any of the public sidewalks or pavements, whether for advertising purposes or otherwise.

A. 

It shall be the duty of every owner or occupant of any premises fronting on any public street to remove within 24 hours all snow and ice which may have fallen upon the sidewalk in front of said premises.

B. 

In case the snow and ice on the sidewalks shall be frozen so hard that it cannot be removed without material difficulty or injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid shall, within the time specified in the preceding Subsection A, cause the sidewalk abutting on said premises to be strewed with ashes, sand, sawdust or some suitable materials and shall, as soon thereafter as the weather permits, thoroughly clean said sidewalk.

C. 

Upon the neglect or refusal of any owner or occupant to comply with the provisions of this section, it shall be the duty of the Public Works Crew Chief to see that the provisions of this section are enforced, and in all cases of their violation, he shall employ men to clean such walks at a rate not exceeding the prevailing rate of wages for such work. Said Crew Chief shall report all such work done and the cost thereof to the Board of Trustees, and where such cost has not been paid to the Village by the owner or occupant, the Board of Trustees shall thereupon order assessments upon such lands for the expenses of such work.

[Amended 4-18-1989 by L.L. No. 1-1989]

[Amended 3-12-2002 by L.L. No. 1-2002]

No person, firm or corporation shall plow or cause snow to be plowed by the use of any vehicle within the Village of Sloan, unless a permit therefor, as hereinafter prescribed, issued by the Village Clerk, is in full force and effect. Such permit shall be prominently displayed by affixing it to the driver's side window of the vehicle as forward as possible so as to be readily visible from the exterior thereof.

[Added 3-12-2002 by L.L. No. 1-2002]
A. 

Contents of application.

(1) 

Application for such permit shall be made to the Village Clerk by the owner of the vehicle, in writing, upon forms to be furnished by said Village Clerk. Such forms shall contain:

(a) 

The owner's name and address;

(b) 

The vehicle identification number;

(c) 

The New York State license number;

(d) 

Such additional information as the Village Clerk shall require; and

(e) 

A list of customers in the Village.

(2) 

The Village Clerk may require such documents and information as may be reasonably necessary to verify the facts stated on such application.

B. 

The applicant shall, at the time of filing of his application, pay a permit fee as set from time to time by resolution of the Board of Trustees for each vehicle.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. 

The applicant shall, when applying for such permit, provide the insurance identification card to the Village Clerk showing evidence of motor vehicle insurance.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. 

Such permit shall commence on June 1 and expire on May 31 of the following year and shall be on such form prescribed by the Village Clerk.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. 

Such permit shall not be transferable to another owner, and the permit fee shall not be prorated during the term of the permit.

F. 

The permit holder shall sign a permit application indicating that he agrees to hold the Village of Sloan, its agents, servants and employees harmless from any and all damages and/or causes of action which may arise out of his snowplowing operations within the Village.

G. 

In the event the Village Clerk refuses to issue a permit hereunder, the applicant shall have the right to appeal such refusal to the Village Board.

H. 

No person shall plow, shovel, sweep or pile snow, ice or other such materials in or beyond the right-of-way of any public street or public highway or cause such to be done so as to interfere with the safety and convenience of public travel, or such as to constitute an obstruction of the sight of persons traveling by vehicle or by foot on public streets or sidewalks or on private driveways.

I. 

No person shall plow, shovel or pile snow from a private or public driveway in such manner as to deposit same in public roadway or on a public sidewalk or across the street from said driveway.

J. 

This chapter shall be enforced by the Cheektowaga Police Department and the Sloan Code Enforcement Officer.

K. 

The Village Board may, following a hearing before such Village Board, with regard to violation of any of the terms and conditions of this chapter, revoke or suspend the permit or permits granted to any person, firm or corporation under the authority of this chapter or any law, ordinance, rule or regulation relating to snowplowing or snow removal.

L. 

In addition to any penalties that may be involved under this chapter, any violation by a person, firm or corporation of any provision of this chapter shall be deemed an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both.

M. 

Any person who takes part in or assists in any violation of this chapter shall be subject to the penalties provided therein.

N. 

Whenever it shall be provided therein that a hearing shall be held, such hearing shall be held on a date at a place and hour designated by the Village Board.

O. 

The Village Clerk shall give notice of any hearing to be held hereunder stating the name and address of the applicant/permit holder, the subject matter of the hearing, and the date, place and hour designated therefor, by mailing a copy of such notice to the applicant/permit holder at the address shown on the application for a permit at least 10 days prior to the date of such hearing.

P. 

The applicant/permit holder shall be entitled to be represented by legal counsel and to present such evidence as may be relevant at any hearing on the denial, suspension or revocation of any permit.

Q. 

If any article, section, subdivision, paragraph or provision of this chapter is adjudged to be invalid, such adjudication shall apply only to such portion thereof so expressly adjudged invalid, and the remainder of this chapter shall be deemed to be in all respects valid and effective.

[Amended 4-18-1989 by L.L. No. 1-1989]

No person shall, without the written permission of the Public Works Crew Chief, cut, remove, plant, break or injure any tree, plant or shrub in any of the streets and public places of the Village, nor shall any person injure, misuse or remove any device placed and intended to protect any tree, plant or shrub in any part of the streets or public places in the Village, nor shall any person fasten or attach any signs, markers, ropes, wires or other objects or tie any animal to such trees, plants and shrubs, nor place paving or other hard surfacing over the area surrounding the roots thereof in such a manner as to deprive said tree, plant or shrub of necessary light, air and water. A conviction for a violation thereof shall not preclude a civil action brought by the Village to recover full damages for the loss of or injury to such tree, plant or shrub.

[Amended 4-18-1989 by L.L. No. 1-1989; 5-23-1989
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
]
A. 

The Public Works Crew Chief shall designate days for the removal of garbage, rubbish and recyclables from the streets of the Village, and on those days it shall be lawful for any person to place at the curbline in front of the premises occupied by him all garbage, rubbish and recyclables collected from the lot owned or occupied by him, in metal or plastic cans with secure, watertight covers.

B. 

Garbage, rubbish and recyclables shall not be placed out for collection more than 12 hours before the designated time of pickup.

C. 

No container in which garbage, rubbish and recyclables has been placed at curbside for pickup shall weigh in excess of 50 pounds.

D. 

Branches and shrubs placed at curbside for pickup shall be securely tied with rope or twine, shall not be longer than four feet in length and not weigh more than 40 pounds.

[Amended 4-18-1989 by L.L. No. 1-1989]

No person shall buy or receive any metal, paper, rags, bottles, wood or other junk or discarded material of any kind from any person unauthorized to dispose of the same who is engaged in the work of collecting rubbish, ashes or garbage or other refuse under the control of the Public Works Crew Chief, and no such person engaged in the work of such collection shall sell or dispose of any material so collected or intended to be so collected, except with the consent and in the manner prescribed by the Public Works Crew Chief. The practice of rummaging into or picking discarded articles or material out of garbage, ashes, rubbish and other refuse placed upon the streets for collection by the Village by persons other than authorized Village employees is hereby forbidden.

Editor's Note: Former § 157-19, Size and weight of vehicles; special permits; fees, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See § 432-14 for provisions related to truck routes in the Village.

No person shall operate or drive and no person shall cause to be operated or driven upon any public highway in the Village any tractor or other vehicle having any wheels or movable track or tread thereof equipped with metal lugs, cleats, grouser shoes or similar devices which are designed to come in direct contact with the surface of the roadway of any highway, unless such metal lugs, cleats, shoes, grouser shoes or similar devices are removed or are properly covered and guarded so as to prevent damage to the roadway of any public highway being operated thereon.

No person engaged in the garage business or in the business of repairing, manufacturing or selling automobiles or parts thereof or supplies therefor or any business affecting in any manner automobiles or vehicles shall, except as otherwise expressly provided for by law or ordinance, use part of any street or other public place for the storing, exhibiting, repairing or otherwise caring for automobiles or vehicles.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All vehicles used for hauling excavated material shall be so constructed and so loaded that no such material shall be spilled or scattered along said route or allowed to fall upon and remain upon any public streets or grounds creating a hazard or obstruction to the users thereof. Any person violating any provision of this section shall be liable, in addition to a fine or penalty, for damages to the Village for the expense of removing any material so spilled upon the street surfaces and of cleaning such surfaces.

[Amended 8-27-1969]
A. 

Subject to the applicable provisions of the building and zoning laws, no buildings shall be moved upon, over or across any private property or public streets or places within the Village, unless a permit is obtained therefor as hereinafter provided.

Any person desiring to move a building upon, over or across any private property or any of the public streets or places within the Village shall present to the Board of Trustees a verified petition setting forth the location of the premises before and after removal of the building, a description of such building indicating the size, kind of construction, value and proposed route over which said building is to be moved. Said petition shall be referred to the Mayor, and he shall report to the Board of Trustees whether the building is of sufficient value to warrant moving and whether it can be moved as per the proposed route or by another route without injury to adjoining property or to any wires or other property of the Village or of a public utility company or the trees or property legally in or upon the streets along, through or across which it is proposed to pass. Upon the consent of the Board of Trustees and upon the payment of a fee as set from time to time by resolution of the Board of Trustees for moving property across private property and for moving property across public streets or places, the Mayor may grant a permit to such person moving such building, and the work of moving shall be done in all respects under the direction of the Mayor or his duly appointed agent.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 

Before the issuance of any permit pursuant to this section, the applicant thereof shall file a bond in the sum of $100,000 protecting the Village against loss and damage claims, liens, proceedings and actions by reason of such use of the streets and public places or a policy of liability insurance insuring the Village against loss or damage by use of such streets and public places and indemnifying the Village against property damage claims in a sum of $100,000. Said bond or policy shall be approved as to form by the Village Attorney and as to sufficiency by the Village Treasurer and shall be filed with the Treasurer.

A. 

Canvas awnings, supported by iron framework securely attached to and entirely supported by the building in front of which said awning shall be constructed or suspended, every part of which framework shall be at least seven feet above the sidewalk and every part of which awning shall be at least six feet six inches above the sidewalk, may be constructed to project over the sidewalk, not to exceed 10 feet. Temporary canvas-covered passageways from building entrances to the curb of any public highway may be authorized by written permit of the Mayor upon the furnishing to the Village of an indemnity bond in a sum to be set by the Board of Trustees, and removable metal stanchions for the same may be placed in or upon the sidewalk of any such highway at a distance of not less than two feet from said curb, in such fashion that when said stanchions are removed, there shall be no projection above nor depression below the sidewalk surface of said highway at the place of contact or support. Such permission shall not be granted allowing such temporary canvas-covered passageways to remain standing for a period of over one day, and such permission may not be renewed. If such temporary canvas-covered passageway remains standing after the expiration of the permit, the Mayor must immediately cause its removal at the expense of the permittee.

B. 

Any person desiring to construct or alter and maintain a canopy or marquee projecting over the exterior line of any public highway shall make application for a permit therefor to the Board of Trustees for its action thereon, subject to the following limitations and conditions:

(1) 

The projection of any canopy or marquee above any public highway shall be limited to 3/4 of the width of the adjacent sidewalk, but in no case shall be of more than 12 feet.

(2) 

Every canopy or marquee shall be constructed of noncombustible materials, and every part of such canopy or marquee shall be at least nine feet above the adjacent sidewalk level.

(3) 

Plans showing the type of construction and structural details of all proposed canopies and marquees shall be filed with the Village Clerk.

(4) 

Before any permit is issued pursuant to this section, the applicant shall give a bond to the Village in an amount to be determined by the Board of Trustees, holding the said Village harmless against loss and damage, claims, liens, proceedings and actions, as a condition to the issuance of such permit.

C. 

"Marquees" or "canopies," as used in this section, shall mean fixed shelters used only as roofs extending over the exterior line of a public highway and entirely supported by the building to which they are attached.

A. 

Upon application of the owner of any premises or his agent, the Village Clerk may grant permission to a licensed plumber named in said application to make openings in a public street for the purpose of laying or repairing sewer or water pipes in front of said premises. Such permit shall not be transferable and shall specify the size of cut permitted. The plumber receiving the permit shall cause the work to be done within the time specified therein. The owner and the plumber shall be held responsible for any loss, damage or injury resulting from said work. Openings in sidewalks and driveways will be filled in and restored to satisfactory condition and maintained in such condition by the plumber for a period of two years.

B. 

Openings made in pavement areas shall be backfilled with gravel by the plumber authorized to make such opening, and immediately upon the placing of such backfill, the plumber shall remove from the site all materials excavated from such opening or openings.

C. 

Any person who shall open any street for any purpose mentioned in this section without the permission of the Village Clerk or who shall fail to comply with any of the provisions of this section shall be liable to a fine or penalty as hereinafter provided, and the Department of Public Works shall cause the necessary repairs to be made, and any expenses shall be assessed upon the premises in front of which said street was opened.

D. 

Wherever any street openings or sidewalk and driveway openings are left overnight, they shall be properly protected with barriers and red lights to warn the public of their presence. The foregoing regulations shall, so far as applicable, extend to openings made in public streets by public utility corporations.

E. 

A fee, as set from time to time by resolution of the Board of Trustees, shall be paid by the applicant upon the issuance of a permit to make one or more openings in the pavement in any block within the time limit specified in such permit.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[Amended 4-18-1989 by L.L. No. 1-1989]

No person shall cut the curb or binder of any street pavement without making written application for a permit to make such alteration of the curb. Such permit shall be issued by the Village Clerk upon the approval of the Public Works Crew Chief, and any work done under said permit shall be made under the direction of the Public Works Crew Chief or his duly authorized agent. Any failure or omission of the owner or occupant or contractor to comply with said directions and conditions of the Public Works Crew Chief shall make such owner or occupant or contractor liable for the cost of removal and replacement of the damaged or improperly cut curb or binder, in addition to any prosecution therefor.

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 Village nor fasten or attach any animal thereto nor hang or place any 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.

[Amended 4-18-1989 by L.L. No. 1-1989]

It shall be the duty of any enforcement officer of the Village to report to the Public Works Crew Chief any defective or dangerous condition in or about any sidewalk or roadway and, between sunset and sunrise, any unlighted streetlights thereon.

No person shall intentionally or carelessly break, deface, remove, move or damage any street sign or traffic sign or the post or pole upon which such sign is erected.

Editor's Note: Former § 157-30, a schedule of permit fees, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Building Fees Schedule at the end of Ch. 205, Construction Codes, Uniform.

It shall be the duty of the owner or occupant of any low, swamp or waste lands within the Village to fill the same upon the order of the Board of Trustees within 10 days after written notice thereof shall have been given to such owner or occupant. The notice shall be given by the Village Clerk, by mail, to the owner in whose name said premises are assessed on the last preceding assessment roll. Upon the failure or omission of the said owner to fill such low, swamp or waste lands within the time fixed in such notice, the Board of Trustees shall have the same filled and assess the cost thereof against said property benefited thereby.

It shall be the duty of the owner of land in the Village to cut, trim or remove brush, grass, rubbish or weeds. Upon the failure or omission of any owner of land within the Village to comply with this section, after receiving five days' written notice from the Village Clerk, said grass, brush, rubbish, weeds or other materials may be cut, trimmed or removed by the Village, and the cost thereof may be assessed upon the real property on which such brush, grass, rubbish or weeds are found. Mailing notice to such owner addressed to his last known address shall be sufficient service.

[Amended 4-18-1989 by L.L. No. 1-1989]

Any person who shall violate any of the provisions of this chapter or who shall omit or refuse to do any act by the terms of this chapter required to be performed by him or who shall obstruct, hinder or prevent any officer or employee of the Village, duly authorized, from the discharge of any duty enjoined upon him by any provision of this chapter or who shall do any of the acts forbidden by any of the provisions of this chapter shall, in addition to any fine or penalty otherwise provided by statute or by these sections, be subject to a fine or penalty of not more than $250 or to imprisonment for a term not to exceed 15 days, or both, for each offense or violation.