[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: 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was repealed 5-24-1976 by L.L. No. 6, 1976.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was repealed 8-24-1976 by L.L. No. 6-1976.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.
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.
DOUBLE POLE
PERSON
PLANT
UTILITY
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any utility pole that is located directly next to or in close
proximity to, and is shorter in height than, another utility pole.
Includes any individual, firm, partnership or corporation.
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.
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.
(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.
