Village of Sag Harbor, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 80.
Building lines — See Ch. 94.
Notification of defects — See Ch. 172.
Oil and gasoline stations — See Ch. 181.
Peace and good order — See Ch. 192.
Property maintenance — See Ch. 205.
Public property — See Ch. 210.
Storm sewers — See Ch. 230.
Stormwater management — See Ch. 232.
Subdivision of land — See Ch. 240.
Vehicles and traffic — See Ch. 265.
Recreational vechicles — See Ch. 269.
Yard sales — See Ch. 290.
Zoning — See Ch. 300.
Private road specifications — See Ch. A311.
[Adopted 6-11-1931 by Ord. No. 3 (Ch. 45, Art. I, of the 1968 Compilation)]
It shall not be lawful for any person to ride, drive or lead any horse, cow or other animal, except a dog, or draw or push anything containing swill, rubbish, offal or other foul matter, upon any sidewalk in the Village, except to cross the same when necessary.
[1]
Editor's Note: See also Ch. 80, Animals.
[1]
Editor's Note: Former § 45-2, Building on sidewalks, was repealed 5-24-1976 by L.L. No. 6, 1976.
[1]
Editor's Note: Former § 45-3, Roller skating, was repealed 8-24-1976 by L.L. No. 6-1976.
[Amended 1-7-1948]
A. 
It shall not be lawful for any owner or occupant of land or premises adjacent to a sidewalk in the Village to suffer or permit any ice or snow to remain on the sidewalk in front of said premises so as to impede travel longer than 24 hours after cessation of a storm or formation of such ice.
B. 
All persons, firms or corporations in violation of § 235-4A of this Chapter 235 shall be subject to a minimum fine of $200 and shall answer or appear on or before 15 days from the date of issuance. Each day a violation continues shall be deemed to constitute a separate offense.
[Amended 5-29-1980 by L.L. No. 4-1980; 8-8-2017 by L.L. No. 11-2017]
(1) 
Upon failure of a person to appear or answer on or before the return period or any subsequent adjourned date, such person shall be subject to the following surcharges, in addition to the prescribed fines:
(a) 
If the aforementioned fine shall not be paid within 15 days from the date summons was issued, a late penalty equal to 1/2 the original fine shall be added to the fine; and
(b) 
If the fine is still not paid within 60 days from the date the summons was issued, an additional late penalty in an amount equal to 1/2 the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection B(1)(a) herein; and
(c) 
If the fine is still not paid within 90 days from the date the summons was issued, an additional penalty of $50 shall be added to all other fines and penalties previously assessed.
C. 
Any person, firm or corporation violating any other provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.
[Added 8-8-2017 by L.L. No. 11-2017]
[1]
Editor's Note: Former § 45-5, Sweeping sidewalks into gutter, added 8-19-1948, was repealed 2-1-1983 by L.L. No. 4-1983.
[Amended 3-1-1983 by L.L. No. 5-1983]
A. 
Sidewalks. It shall not be lawful for any owner or occupant of land or premises adjacent to a sidewalk to allow any encumbrance or obstruction to remain upon such sidewalk without a permit therefor, as provided herein.
[Amended 3-28-2018 by L.L. No. 5-2018]
B. 
Application for permit. Applicants for a permit under this section must file with the Village Clerk, Village of Sag Harbor, an application on forms provided by the Village, in duplicate, which shall give the following information:
(1) 
The name, residence address and telephone number of the applicant.
(2) 
The location of the premises.
(3) 
A description of the work to be performed, the necessity to encumber the sidewalk, and the apparatus that will be used to encumber the sidewalk.
(4) 
The duration of the encumbrance to the sidewalk shall be limited to 24 hours per permit fee.
[Amended 3-28-2018 by L.L. No. 5-2018]
(5) 
The name, address and telephone number of the person or persons performing the work.
C. 
No license shall be issued by the Village Clerk until a bond or certificate of insurance in the sum of $1,000,000, naming the Village of Sag Harbor as an additional insured, is filed in the Village Clerk's office. The Village Board may establish a higher or lower amount of insurance protection for a specific permit in its sole discretion.
[Amended 2-10-2015 by L.L. No. 1-2015]
D. 
Fees. Permit fees shall be established by resolution of the Village Board of Trustees.
[Amended 3-28-2018 by L.L. No. 5-2018]
E. 
Parking spaces.
[Added 3-28-2018 by L.L. No. 5-2018]
(1) 
It shall not be lawful for any person to allow an encumbrance or obstruction to remain upon any parking spaces located on Village streets or Village property without a permit therefor, as provided herein.
(2) 
Application for permit. Applicants for a permit under this section must file with the Village Clerk, Village of Sag Harbor, an application on forms provided by the Village, in duplicate, which shall give the following information:
(a) 
The name, residence address and telephone number of the applicant.
(b) 
The location of the parking space or spaces.
(c) 
A description of the work to be performed, the necessity to encumber the parking space and the apparatus that will be used to encumber the space.
(d) 
The duration of the encumbrance to the parking space shall be limited to 24 hours per permit fee.
(e) 
The name, address and telephone number of the person or persons performing the work.
(f) 
No license shall be issued by the Village Clerk until a bond or certificate of insurance in the sum of $1,000,000, naming the Village of Sag Harbor as an additional insured, is filed in the Village Clerk's office. The Village Board may establish a higher or lower amount of insurance protection for a specific permit in its sole discretion.
(g) 
Permit fees shall be per parking space encumbered and shall be established by resolution of the Village Board of Trustees.
It shall not be lawful for any person to use or occupy any part of any street, sidewalk or other public place in the Village for the purpose of crating, packing, lodging, uncrating, unpacking or storing of any goods, wares or merchandise of any kind after the hour of 10:00 a.m.
It shall not be lawful for any person to use or occupy any part of any street, sidewalk or other public place in the Village for the purpose of displaying any goods, wares, fruits, vegetables or merchandise of any kind.
[1]
Editor's Note: See Ch. 197, Peddling and Soliciting.
It shall not be lawful for any person to erect any sign, shed roof or projection from or opposite any building, or in, under or upon any street or sidewalk of the Village, without written permission from the Board of Trustees of the Village. Any such sign, shed roof or projection now erected or existing or which shall hereafter be erected shall be removed by the owner or occupant of the property from which, or which abuts and adjoins the street in which, such sign or projection originates, within 10 days after notice from the Clerk of the Village to remove same, and, if such projection is not removed within said 10 days, then the Village shall cause same to be removed at the expense of the owner or occupant of said premises. This section does not apply to properly adjustable awnings made of cloth on iron-tube frames, the lowest point of which shall be at least seven feet above the level of the sidewalk.
It shall not be lawful for any person to construct or lay any drain or drains from any building across any sidewalk to any street in the Village without the written permission of the Board of Trustees of the Village.
[Amended 5-29-1980 by L.L. No. 4-1980; 8-8-2017 by L.L. No. 11-2017]
A. 
All persons, firms or corporations in violation of § 235-8 of this Chapter 235 shall be subject to a minimum fine of $200 and shall answer or appear on or before 15 days from the date of issuance. Each day a violation continues shall be deemed to constitute a separate offense.
(1) 
Upon failure of a person to appear or answer on or before the return period or any subsequent adjourned date, such person shall be subject to the following surcharges, in addition to the prescribed fines:
(a) 
If the aforementioned fine shall not be paid within 15 days from the date summons was issued, a late penalty equal to 1/2 the original fine shall be added to the fine; and
(b) 
If the fine is still not paid within 60 days from the date the summons was issued, an additional late penalty in an amount equal to 1/2 the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection A(1)(a) herein; and
(c) 
If the fine is still not paid within 90 days from the date the summons was issued, an additional penalty of $50 shall be added to all other fines and penalties previously assessed.
B. 
Any person, firm or corporation violating any other provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.
[Adopted 6-11-1931 by Ord. No. 4 (Ch. 45, Art. II, of the 1968 Compilation)]
It shall not be lawful for any person to play baseball, football, golf or any other game, or aid or assist in any game of ball, in any street or public place in said Village.
It shall not be lawful for any person, willfully and without authority, to mutilate, destroy or remove any fence or break, injure, mutilate or remove any tree now standing or hereafter planted in any of the streets or other public places in said Village.
It shall not be lawful for any person to obstruct, encumber or occupy, or to aid or abet in the obstruction, encumbrance or occupation of, any street or other public place in said Village, except so far as same may be necessary for the erection or repair of a building or the grading or improving of abutting premises and only so long as shall be necessary therefor and for the loading and unloading of wagons and other vehicles; provided, however, that a passageway shall at all times be kept clear for pedestrians and that all such obstructions shall be carefully guarded and lighted at all times during the night and that a permit for such obstruction shall have been issued by the Mayor or Board of Trustees.
[Amended 12-13-2011 by L.L. No. 12-2011]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
DOUBLE POLE
Any utility pole that is located directly next to or in close proximity to, and is shorter in height than, another utility pole.
PERSON
Includes any individual, firm, partnership or corporation.
PLANT
Any attachment to a utility pole, including but not limited to cables, terminals, conductors, and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunication services.
UTILITY
Any corporation, authority, or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Village of Sag Harbor.
B. 
Written consent of Village Superintendent of Public Works required. No person, firm or corporation shall change or alter the grade of any Village highway or of any sidewalk upon or in a Village highway of the Village of Sag Harbor, or in any manner alter or change the line or height of any curb in any Village highway in said Village, or open the surface of any Village highway of the Village of Sag Harbor, or make any excavation under the surface thereof for any purpose, or place or erect any pole for any purpose in or upon any Village highway of said Village, or alter or change the location of any existing pole in any Village highway of said Village without first having obtained the written consent of the Village Superintendent of Public Works. Application for a permit under this section shall be made upon a form to be provided by the Superintendent and upon payment of a permit fee as determined by the Village Board of Trustees by resolution.
C. 
Removal of damaged or double utility poles.
(1) 
When the Superintendent issues a permit for the installation of a utility pole which is directly next to or in close proximity to another utility pole in a Village highway or right-of-way, the applicant shall have 60 days to remove the damaged or double pole following the installation of the new pole. Failure to do so may result in penalties as provided for in § 235-21 of this article.
(2) 
When the Superintendent determines that a utility pole in a Village highway or right-of-way is damaged and/or a double pole, the Superintendent shall notify the utility that owns or operates the pole that it must remove said pole within 30 days of written notice or be subject to penalty.
D. 
Removal of plants from damaged or double poles. When the Superintendent determines that a utility pole in a Village highway or right-of-way, which has a plant attached to it, is damaged and/or a double pole, the Superintendent shall notify any utility with a plant on the damaged or double pole that it must remove its plant from the pole, as well as the pole, within 30 days of written notice or be subject to penalty.
E. 
Indemnity or performance bond. The Superintendent shall not give his written consent that any act or acts as set forth in this section shall be performed unless there shall have been furnished by the applicant sufficient indemnity or performance bond as determined by the Superintendent as a condition precedent to the issuance of the permit and the commencement of work. Said bond or indemnity shall be for a reasonable amount and may cover one or more than one of the acts specified in this section, and said bond or indemnity may cover any period of time necessary to include the accomplishment of one or more of the aforesaid acts, all as shall be determined by the Superintendent. The approval of the Superintendent of as to amount, form, manner of execution and sufficiency of surety or sureties shall be entered on said bond before it shall be filed in the Village Clerk's office, and said bond shall be so filed before said consent shall be effective.
It shall not be lawful for any person to place or deposit any ashes, garbage, tin cans or other refuse matter in any lot, street or other public place in said Village, except for the purpose of removal and then only with the consent and under the supervision of the Street Commissioner, and provided removal is made within a reasonable time.
It shall not be lawful for any person to move any building through any street or other public place of said Village except upon a permit issued by the Mayor or Board of Trustees; the petition for such permit shall state the route to be pursued, the size of the building and the estimated time required to complete such moving.
[Amended 2-10-2015 by L.L. No. 3-2015]
A. 
After the effective date of this section, the placement of all plantings, shrubs, hedges, and trees by the owners of private real property adjacent to a street, sidewalk, or Village property shall be set back a minimum of three feet from the property line with the street, sidewalk, or Village property.
B. 
It shall be the duty of every owner of real property in the Village to keep plantings, shrubs, and hedges in front of their real property trimmed back to the property line with any street, sidewalk, or Village property.
C. 
It shall be the duty of every owner of real property in the Village to keep shade trees in front of their real property trimmed so that overhanging limbs will not interfere with passersby on the sidewalks or roadways. All overhanging limbs shall be at least eight feet above the center of the sidewalk and 13 feet above the roadway.
D. 
In addition to any other penalties or remedies authorized by this chapter, the Superintendent of Public Works may enforce this section. Upon the failure of the owner to comply with the provisions of this section, the Superintendent may serve notice in writing on such owner or, if such owner cannot be found, upon the occupant of such premises, directing that the hedge or trees, or both, shall be trimmed so as to meet the requirements of this section within five days after the service of such notice.
[Amended 8-24-1976 by L.L. No. 5-1976]
A. 
It shall be unlawful for any person to alter, disturb or excavate the pavement of any public street, road or sidewalk in the Village without first obtaining a permit therefor from the Village Clerk. No such permit shall be issued until there has been filed with the Village Clerk a plan showing the nature and extent of the proposed excavation and a letter application stating the purpose of the excavation, the name and address of the applicant and, if the applicant is a corporation, the name of the official responsible for the work, the date work is to commence and the anticipated completion date. The work area shall be properly posted and protected with barriers sufficient to keep the public from entering upon the work area. The work area shall be sufficiently lighted from 4:00 p.m. to 6:30 a.m. All work shall be completed within 10 days of commencement of the work. Each such application shall be accompanied by:
[Amended 3-4-1980; 2-7-1984 by L.L. No. 1-1984]
(1) 
A filing fee of $150, which shall not be refunded.
[Amended 6-14-2005; 8-9-2005 by L.L. No. 14-2005]
(2) 
A cash bond in the sum of $500, which bond shall be refunded, without interest, upon completion of the work and satisfactory restoration and repair of the pavement, in accordance with specifications set forth in Subsection B of this section.
(3) 
Public liability insurance naming the Village of Sag Harbor as an insured (or an insurance certificate) in the sum of $1,000,000. The Village Board may establish a higher or lower amount of insurance protection for a specific permit in its sole discretion.
[Amended 2-10-2015 by L.L. No. 1-2015]
B. 
The pavement of any public street, road or sidewalk which has been altered or disturbed, following excavation or otherwise, shall be restored to the following specifications, regardless of its prior condition:
(1) 
Backfill shall be thoroughly compacted before placing the subbase, pavement base and pavement.
(2) 
The subbase shall consist of material approved by the Village Highway Department, shall be at least 12 inches in thickness and shall be compacted with a mechanical tamper.
(3) 
The pavement base shall consist of sandy loam or marl approved by the Village Highway Department, shall be at least eight inches in thickness and shall be compacted with a mechanical tamper.
(4) 
Pavement.
(a) 
Streets and roads. Pavement shall be asphaltic concrete paving conforming to the specifications set forth in § 240-27I of this Code and shall be at least four inches in thickness, but in any event not less than the thickness of the pavement being repaired. The existing pavement shall be cut vertically and horizontally to a straight line and the edges treated with RC3 or RC4. The new pavement shall be rolled in both directions with a five-ton (minimum) roller. A seal coat consisting of RC2 asphalt cutback, covered with three-eighths-inch bluestone shall be applied over the new pavement, overlapping the old pavement by at least six inches on all sides, and shall be rolled with a five-ton (minimum) roller. Excess stone shall be swept up and removed.
(b) 
Sidewalks. Unless otherwise authorized by resolution of the Board of Trustees, pavement shall be portland cement concrete conforming to the specifications set forth in § 240-27B of this Code, and shall be at least three inches in thickness, but in any event not less than the thickness of the pavement being repaired. Lengths greater than 48 inches shall be poured in separate forms with a three-eighths-inch allowance for expansion. The pavement surface shall be smooth, level and free of voids.
C. 
Any person who, having altered, disturbed or excavated any public street, road or sidewalk in the Village (whether pursuant to a permit issued under Subsection A of this section or otherwise), fails to repair or restore the same in accordance with the specifications set forth in Subsection B of this section within 10 days after the mailing of written notice to do so, shall be liable to the Village of Sag Harbor in an action at law to recover any and all costs and expenses actually incurred by the Village in effecting repairs to such pavement, including costs of removing any work which fails to conform to the specifications set forth in Subsection B and including costs and legal expenses incurred by the Village. Such action to recover civil damages shall be in addition to any other applicable penalties of law.
D. 
No permit issued in pursuance of this section shall be construed to relieve the holder of such permit of his full duty to properly guard any such excavation by guardrails, signal lights or by such other means as may be necessary to warn travelers of the danger to be apprehended by such excavation. Nor shall such permit be construed in any way to impose any liability on said Village for any negligence of the holder of such permit in making such excavation.
It shall not be lawful for any person to remove, displace or in any way interfere with any barrier, guardrail or any other object which shall have been placed along or across any street in the Village for the purpose of preventing any person, animal or vehicle from entering any street which is being or which shall have been recently constructed or repaired; or to remove, displace or in any way interfere with any lantern or signal which shall have been placed as a danger sign to warn approaching travelers at any place on any street or other public place in said Village; or to trespass in any way upon any street or sidewalk which is being or has been recently constructed or repaired and which is guarded by any barrier, sign or signal for the purpose of preventing or warning persons from trespassing or in any way interfering in or upon the same.
[Amended 1-12-2010 by L.L. No. 1-2010; 12-13-2011 by L.L. No. 12-2011]
A. 
Each period of 24 hours, that is, each calendar day during which, or any part of which, any violation of this article continues shall constitute a separate violation hereto.
B. 
A violation of the foregoing shall be punishable by a fine not exceeding $1,000 or by imprisonment not exceeding 30 days, or by both.
C. 
With respect to utility poles, plants, and attachments, in the case of a violation of § 235-15, a penalty of $250 shall be assessed for each day the pole, plant, or attachment is left standing beyond the period for removal. If a utility fails to comply with these provisions, the Village may commence an action in a court of competent jurisdiction for necessary relief which may include the imposition of civil penalties as authorized by this article, an order to remove the pole, plants and/or attachments, the recovery of costs of the action and such other remedies as may be necessary to prevent or enjoin such condition from existing in a Village highway or right-of-way.
[1]
Editor's Note: Former § 45-22, Burning garbage; penalty for offenses, added 11-5-1952, was deleted 3-8-2011 by L.L. No. 2-2011.
[Added 5-19-1981]
A. 
Purpose. The purpose of this section is to stop or control highway flooding in areas where new construction has or will cause highway flooding.
B. 
Applications for building permits. Application for building permits must have a statement attached by the owner and/or his agent that:
(1) 
Land adjoining the highway will be graded to suggested levels.
(2) 
Should grading cause flooding, steps will be taken at the owner's expense to correct the same by:
(a) 
Construction of a leaching pool or catch basin.
(b) 
Installation to be on the line of the owner's property and the highway line.
(c) 
Construction of a disposal system in accordance with standards prepared by the Division of Environmental Health Services, Part 1, where property fronts on tidal waters.
C. 
The Village Highway Department and the Building Department will control the construction and placing of said disposal facilities of runoff and drainage.
D. 
Catch basins. The maximum overland flow rate to a single catch basin shall not exceed three cubic feet per second. All stormwater recharge basins shall provide storage capacity for an eight-inch storm. The maximum depth of storage capacity shall be 10 feet.
E. 
Berms and grading.
(1) 
No berms shall be approved unless the road game is higher than the individual property.
(2) 
Grading of residential property with a thirty-five-foot setback shall be level at road grade for a distance of 12 feet. The suggested maximum grade shall be:
(a) 
Residential driveways: 15%.
(b) 
Commercial: 8%.
(3) 
For any destruction or breakage to the highway surface caused by delivery trucks, graders, lumber trucks, etc., the owner of the construction shall be liable for the cost of repairs or replacement of the damaged highway area.