[HISTORY: Adopted by the Board of Trustees of the Village of Nyack 7-10-1935 (Ch. 48 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Moving of buildings — See Ch. 144.
Littering — See Ch. 229.
Prior notice of defects — See Ch. 242.
Shopping carts abandoned on streets and sidewalks — See Ch. 284.
Vehicles and traffic — See Ch. 330.
[Amended 4-14-1994 by L.L. No. 2-1994]
No person or corporation shall erect, cause to be erected or maintain within the limits of said Village any awning, shed, roof or other overhead structure over, along or across any sidewalk of a lesser distance than seven feet in the clear from the surface of said sidewalk, under a penalty not exceeding $100, and in addition thereto, a violation of this section shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994; 6-5-2025 by L.L. No. 5-2025]
A. 
No human person ("person"), or corporation, limited liability company (LLC), association, organization, company, business entity, or similar association of natural persons acting on behalf of a collective group ("business entity"), shall string, or suspend, across any street, road, highway, sidewalk, square or public place within the Village ("public place"), any banner, sign or other device ("banner"), or any ropes, guy lines or attachments thereto, without first having obtained permission from the Village Board of Trustees ("Village Board"); subject to the fines proscribed below in Subsection C of this section if the banner remains displayed, painted, drawn, illustrated, hung, suspended, installed or mounted ("displayed") after notice of its removal has been given by the Village of Nyack's ("Village") Mayor, Village Administrator, Building Inspector or Code Enforcement Officer.
B. 
No person or business entity shall display a mural, as "mural" is defined in § 360-6.1, of Article VI, of Chapter 360 (Zoning), of the Village Code, on the exterior of any building or structure ("site"), which is visible from a public place, without first obtaining approval from the Village Board, which shall be requested, in a written letter signed with a "wet" signature, which letter shall include the below-listed information, documentation, and requirements; subject to the fines proscribed below in Subsection C of this section if the mural remains displayed at the site after notice of its removal has been given by the Village's Mayor, Village Administrator, Building Inspector or Code Enforcement Officer.
(1) 
A copy of a fully executed agreement or contract between the deeded owner of the site at which the mural will be displayed, and the person or business entity that will be requesting the Village Board's approval to display the mural ("sponsor"), including the full legal names of the said parties, their mailing addresses, phone numbers and email addresses; and also including the same identity and contact information for the owner of the mural, if different than the sponsor, and for the person or business entity that will be responsible for the display, maintenance, repair and removal of the mural.
(2) 
An image of the proposed mural superimposed on the proposed site, as viewed from a nearby public place.
(3) 
A narrative describing:
(a) 
The proposed mural design's manifestation or reflection of the Village's cultural and architectural context.
(b) 
The proposed mural design's incorporation of feedback from neighboring property owners and residents, and peer artists, including records of any public meetings or stakeholder engagement processes.
(c) 
The qualifications, and full contact information, of the artists, and the project coordinators, involved in the creation, and the display, of the mural.
(d) 
The source of funding for the creation, and the display, of the mural.
(e) 
The technical details of exterior surface preparation; painting, drawing or illustration methods and materials; methods and materials for prevention of paint or ink dripping on public places; impacts of the initiation of the display process, and removal of the mural, on adjacent public places, including a description of any special equipment to be used, such as scaffolding or lifts.
(f) 
The period of time (i.e., dates) beginning from the initiation of the display process, to the removal of the mural.
(4) 
A certificate of insurance naming the Village as an additional insured under the policy of insurance, with policy terms and coverage limits satisfactory to the Village's insurance carrier.
(5) 
An in-person project presentation to the Village Board.
C. 
Any person or business entity violating, or failing to comply with, any provision of this section shall, upon conviction thereof, be punishable by a fine not exceeding $500; and which charge, under this section, shall be a petty offense or infraction, and not a crime. The continuation or repeat of a violation of, or failure to comply with, any provision of this section shall constitute, for each occurrence that transpires, or each day on which the violation continues, a separate and distinct charge hereunder. This section may be enforced by a Village Building Inspector, a Village Code Enforcement Officer and/or a police officer.
A. 
No person shall use any hand sled or similar vehicle for coasting in or upon any public street or place within the limits of said Village, except upon such streets as may be designated and set apart by the Board of Trustees of the said Village for that purpose.
B. 
Any person offending against this chapter shall be subject to a penalty not exceeding $25 for each and every offense, and in addition thereto a violation of this section shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
A. 
Every person or corporation owning premises in the said Village shall at all times keep grass, weeds and shrubbery between such premises and the public streets, and between the sidewalks in front of such premises and the street or gutter, cut and trimmed, under a penalty not exceeding $50 for each and every offense, and in addition thereto, the violation of this section shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
B. 
The Village may serve notice upon the owner or owners of property in front of which grass, weeds and shrubbery are not cut and trimmed as herein provided, requiring the said owner or owners to cut and trim said grass, weeds and shrubbery within 48 hours, and upon his, her or their failure so to do, the Village may proceed to cut and trim said grass, weeds and shrubbery, and the cost thereof may thereupon be assessed upon the adjoining property in the manner provided by law.
A. 
No public street, highway or places within the Village shall be opened or excavated by any person without first obtaining a permit or license therefor, to be granted by the Village Clerk.
B. 
The fee for said permit or license shall be as follows:
[Amended 4-14-1994 by L.L. No. 2-1994]
(1) 
For each square yard of asphalt block, brick or concrete pavement sought to be opened: $50, with a minimum of $100.
(2) 
Sheet asphalt, $50 per square yard with a minimum of $100.
(3) 
For macadam, $25 per square yard, with a minimum of $100.
(4) 
Tarvia, a flat price of $100.
(5) 
Natural dirt road, a flat price of $50.
C. 
On all of the above prices 20 feet by three feet is the maximum footage.
D. 
In addition to the fee above provided, no such permit or license shall be issued unless the person or corporation applying therefor shall first deposit with the Village Clerk a surety company bond, to be approved by the Clerk, in the penal sum of $5,000, the condition of which shall be that the person to whom, or corporation to which such a license is issued, shall hold the Village harmless by reason of any claim or action which may be made or brought against it, growing out of, or by reason of the street opening or excavation of which said license was issued.
E. 
Any person obtaining a permit to open or excavate any public street, as hereinbefore provided, must refill such excavation or opening, properly tamp the same, and restore the surface of said street or public place to its former condition, the final surface to be supervised by the Superintendent of Public Works.
F. 
Any person violating any provision of this section shall be subject to a penalty not exceeding $100 per yard or portion thereof for each and every offense, and in addition thereto, a violation of this section shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
No person shall dig or remove or cause to be dug or removed, without the permission of the Board of Trustees of the Village, any stone, earth, sand or gravel from any public place or street in said Village, under a penalty not exceeding $25 for each offense, and a violation of any provision of this chapter shall constitute disorderly conduct, and the person violating the same shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
A. 
No person shall throw a stone or any other thing at any of the street lamps or attachments, or in any way injure any electric streetlight or fixtures thereof, or in any wise to injure or interfere with any water pipe or main, or sewer pipe in any street or place in the Village, under a penalty not exceeding $100 for each and every offense, and in addition thereto, a violation of this section shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person.
B. 
In addition to, or as an alternative to, the criminal penalties provided for in Subsection A of this section, a person damaging any of the fixtures of the Village of Nyack shall be civilly liable for the cost of repair and, if civil suit is necessary to recover the same, the person causing such damage shall also be liable for the costs, expenses and reasonable attorneys' fees of the Village expended in collecting said monies.
No person shall play baseball or any other game on any street or public place in said Village under a penalty not exceeding $10 for each and every offense, and in addition thereto, a violation of this section shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person.
A. 
No person shall go about or remain in or about any of the streets, sidewalks or public places of said Village beating any drum or tambourine or playing a hand organ or any other musical instrument without the written permission of the Mayor, or, in his absence, of a Trustee of said Village, under a penalty of $25 for each and every offense.
B. 
A violation of any provision of this section shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person.
[Amended 1-14-1993 by L.L. No. 2-1993; 11-13-2003 by L.L. No. 1-2003; 2-24-2011 by L.L. No. 3-2011]
A. 
Any person or entity who owns, leases or otherwise occupies property abutting any public sidewalk is required to remove any fallen snow 24 hours after the cessation of snowfall to create a clear path of a minimum width of 36 inches. Any such person or entity shall also be responsible to sprinkle sand and/or deicer upon ice when that ice cannot be readily removed.
B. 
When the same cannot be so removed by reason of physical conditions, it shall be covered or sprinkled with sand, ashes or other suitable material.
C. 
Penalty and enforcement.
(1) 
Any person or entity charged with the duty of removing the snow and ice or covering the same as herein provided shall be subject to a penalty not to exceed $100 for the failure to do so on a first offense, and up to $250 for the failure so to do on a second offense within a one-year period.
(2) 
This section may be enforced by the police, by the Village Building Inspector, Assistant Building Inspector, Code Enforcement Officer and Fire Inspector.
D. 
If the owner, lessee or occupier fails to remove fallen snow within the specified time frame, the Superintendent of Public Works shall cause the snow to be removed from the sidewalk at the cost of the owner, lessee or occupier. This cost is in the form of an assessment made and levied against the property, to which a collection fee may be added, in an amount set by Village Board resolution, for administrative assessment costs.
E. 
The Board of Trustees may, from time to time by resolution, amend the fine schedule called for in § 299-10C herein, and shall post such amended fine schedule in the office of the Village Clerk.
F. 
Payment of penalty. If cited party accepts a guilty plea to these charges and wishes to avoid a court appearance they may either mail or bring a check or postal money order in the amount noted in § 299-10C to the Village Court Clerk within 10 days of date on violation notice. Checks must be made payable to “The Village of Nyack Justice Court.” Payment must reflect the incident number from appearance ticket and the property address in the memo section of the check. If you wish to plead not guilty, you must appear in the Nyack Justice Court on date noted on violation notice.
G. 
Notice of violation. Whenever the Village Building Inspector, Assistant Building Inspector, Code Enforcement Officer or Fire Inspector determines that any sidewalk or curb has not been cleared of snow or ice within the specified time frame, she/he shall issue and serve a notice of violation. Notice shall be served on the owner or registrant agent of the premises by personal delivery or by First Class United States Mail to the owner's or agent's last known address.
[Added 2-9-1937; amended 7-18-1991 by L.L. No. 8-1991]
A. 
The maintenance, repair and reconstruction of sidewalks and curbs, including all necessary supports and retaining walls, shall be the responsibility and obligation of the abutting landowners and shall be performed at their sole expense to specifications approved by the Building Inspector. Said owner or occupant shall be liable for any injuries or damage caused by reason of omission, failure or negligence to maintain or repair said sidewalks and curbs, or to keep them free from obstructions.
[Amended 12-9-2004 by L.L. No. 10-2004]
B. 
Notice of repair.
(1) 
Whenever the Superintendent of Public Works, Village Engineer or Village Building Inspector determines that any sidewalk or curb is in need of repair or replacement, s/he shall issue and serve a notice specifying the work to be done within a specified time, which notice shall be served on the owner or registrant agent of the premises by personal delivery or by certified mail to the owner's or agent's last known address. An affidavit setting forth the time and method of service shall be kept by the Village Clerk.
(2) 
Such notice shall advise that unless the work listed is completed by the deadline given in the notice, the Department of Public Works may perform the work and charge the expense thereof to the premises as an assessment against the premises. The assessment shall equal the cost to the Village to carry out the work plus 10%, together with the costs and expenses of collecting the amount owed.
(3) 
If the owner fails to carry out the requirements of the notice, the Superintendent may order the work to proceed. Within 60 days after completion of the work, the Superintendent shall provide the Village Clerk with a statement of the amount to be assessed against the premises for the work performed. The Village Clerk shall notify the owner, in writing, by certified mail, of the amount owed. If the owner fails to pay the amount due within 45 days of the mailing of said notices, the Village Clerk shall file a notice of lien and assessment for the amount due with the appropriate Town Tax Collector for entry on the tax collection rolls.
(4) 
Notwithstanding the foregoing, by retaining the right to notify the property owners of the condition of their sidewalk, the Village does not thereby assume liability for the condition of sidewalks or for monitoring the condition of sidewalks, which shall remain solely the property owner's obligation. Said owner shall be liable for any injuries or damage caused by reason of omission, failure or negligence to maintain or repair said sidewalks and curbs, or to keep them free from obstructions.
[Amended 12-9-2004 by L.L. No. 10-2004]
C. 
No sidewalk or curb shall be altered or changed for the purpose of opening a driveway or entrance into the property abutting such sidewalk without the owner first having obtained a permit approved by the Planning Board and issued by the Building Inspector.
D. 
Any person or corporation violating this section shall be subject to a penalty not exceeding $250 for each offense, and in addition thereto, a violation thereof shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person. Each daily occurrence shall be deemed a separate offense.
[Amended 1-14-1993 by L.L. No. 2-1993; 4-14-1994 by L.L. No. 4-1994]
A. 
No person or corporation lacking a general or specific permit therefor shall place or deposit on any public street or sidewalk or on any area generally used as a sidewalk or on any part or portion thereof any cask, crate, wood, stone, plank, display platform, stand or shelf, boards, goods, wares, foodstuffs, tables and/or chairs, merchandise, vending machine, coin-operated dispenser box or other substances or materials or stands for the purpose of sale, utilization or display.
B. 
No person or corporation lacking a general or specific permit therefor shall erect or maintain on any public street or sidewalk or on any part or portion thereof, including as an appendage or attachment to a structure fronting on said street or sidewalk, any bicycle rack, any kiosk, stationary push-cart, instrument, box or device which overhangs the street or sidewalk and which is designed to be, or by design or location can be utilized by any person on or from the adjacent public street or sidewalk except bicycle racks which are located so that the bicycles therein do not obstruct the street or sidewalk.
C. 
No person or corporation lacking a general or specific permit therefor shall place, erect or maintain on any public street or sidewalk or on any part or portion thereof any rack for the distribution of pamphlets, papers or books, whether being distributed for a fee or price or gratuitously.
D. 
All trucks, trailers or other motor vehicles shall be prohibited from loading or unloading any motor cars in the Village of Nyack in such a manner as to interfere with or obstruct or tend to obstruct the public streets and highways of the Village of Nyack or interfere with or tend to interfere with the traffic thereon.
E. 
Nothing in this section shall be construed to interfere with any reasonable use of such streets or sidewalks for loading or unloading of merchandise containers, refuse or any other necessary thing or for the placing of garbage, refuse, recyclables or ashes at the curb on appointed days for the collection thereof.
F. 
Nothing in this chapter shall be construed to interfere with or override the business activities of any public utility to the extent those activities are governed or regulated by an agency of state or federal government. Public utilities are intended to be covered by this chapter to the extent of their activities on the streets and sidewalks of Nyack.
G. 
Any person violating the provisions of this section shall be subject to a penalty not exceeding $100 for the first offense and a penalty not exceeding $1,000 for the second or other subsequent offense and, in addition thereto, a violation thereof shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person. This section may be enforced by the police or a Village parking enforcement aide.
H. 
In addition to the penalties provided in Subsection G herein, the Village may, in the case of ongoing violations, proceed by injunctive action in Supreme Court. In addition to any other fines, costs or fees, the Village shall be entitled to reasonable attorneys' fees if it is the prevailing party.
[Added 4-14-1994 by L.L. No. 2-1994[1]]
As used in this chapter, the following terms shall have the meanings indicated:
COMMUNITY-WIDE
Encompassing one or more blocks or streets.
FRANCHISEE
One who holds a permit from the Village Board to provide a service to the public.
GENERAL PERMIT
Issued by the Village Board and may be on an annual, indefinite until revoked or limited-time basis. A general permit may also be geographically unlimited or restricted. A general permit includes, but is not limited to, an approval granted to a Chamber of Commerce, a nonprofit organization or other entity for a community-wide occasion.
INSTRUMENT, BOX OR DEVICE
Includes a telephone booth, a wall, pedestal or pole-mounted telephone, or a speaker or receiver for voice or facsimile messages.
PUBLIC UTILITY
A corporation in the business of providing a service to the public which is regulated by the Public Service Commission of the State of New York or any similar or successor governmental authority as to its tariffs, level of service and accountability for its corporate action.
SPECIFIC PERMIT
A. 
Is limited as to time, location, or both.
B. 
Specific permit also covers a site specific approval issued by the Planning Board of the Village of Nyack in connection with a site plan approval and need not be a separate application if encompassed within a larger site plan. A specific permit includes a permit issued by the Building Inspector for any activity specifically authorized by any other local law to be conducted on a street or sidewalk.
[1]
Editor's Note: This local law also repealed original § 48-13, Obstructing streets (merchandise), as amended.
[Amended 1-14-1993 by L.L. No. 2-1993; 4-14-1994 by L.L. No. 2-1994]
No person shall obstruct or interfere with the use by the public of the walks laid across the public streets in said Village by placing a horse, carriage, automobile or other vehicle or any manner of obstruction upon or across said crosswalks under a penalty not exceeding $50 for each offense, and in addition thereto, the violation of this section shall constitute disorderly conduct, and the person violating the same shall be deemed a disorderly person. This section may be enforced by the police or a Village parking enforcement aide.
A. 
It shall be unlawful for any person to obstruct or to cover by bridge or plank, stone or other material or device, any gutter of any street in said Village, without first having obtained permission from the Board of Trustees, and when such bridge or cover is laid, it must be laid in such manner; and the drain or passage underneath of such size, as shall be directed by the Trustees, and if such drain shall at any time become obstructed, or if it becomes necessary to clean the gutter, such covering shall, on order of the Trustees, be removed forthwith by the party or parties owning or occupying the adjoining property.
B. 
Any person or persons violating this section shall be liable to a penalty of not exceeding $100, and in addition thereto, the violation of this section shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
A. 
No person or corporation shall string or place electric light or telephone wire or wires upon, along or over any public street or public place in said Village without the permission of the Board of Trustees first had and obtained.
B. 
Any person or corporation offending against this section shall be subject to a penalty of not more than $50 for each and every offense, and a further penalty of not more than $10 for each 24 hours that such wire or wires shall remain up after notice to remove the same has been given, or until the necessary permit is granted.
C. 
A violation of any provision of this section shall constitute disorderly conduct, and the person violating the same shall be deemed a disorderly person.
A. 
No person shall cut down or trim any shade or ornamental tree upon or along any public street or place in said Village, without the permission of the Board of Trustees of said Village, unless in compliance with § 299-18 of the Village ordinances.
B. 
Any person violating any provision of this section shall be subject to a penalty not exceeding $25 for each and every offense, and in addition thereto, a violation of this section shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person.
C. 
Any person cutting down, poisoning, burning or otherwise destroying, removing or causing the death of any public shade tree shall, in addition to or as an alternative to any other penalties, also be made civilly liable for the full cost of replacement of each such tree or trees and, if civil suit is necessary to recover said sum, the person causing such loss or damage shall also be liable for the costs, expenses and reasonable attorneys' fees of the Village expended in collecting said monies.
[Added 4-14-1994 by L.L. No. 2-1994]
A. 
Any tree or trees standing on or along the line of any street, whether upon private property or in the street, shall be kept trimmed by the owner of the property upon which, or in front of whose property it stands, in such a manner as to prevent the limbs or branches thereof from obstructing the sidewalks or street for public use and travel, and all trees and branches overhanging the street or sidewalk that are dead or decayed, or in danger of falling on, or interfering with any light, fixture or other structure, lawfully in and upon said street or along said sidewalk, shall be removed by the owner of the property upon which, or in front of whose property it stands, under a penalty of $100, and in addition thereto, a violation of this section shall constitute disorderly conduct, and the person violating the same shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
B. 
If any person shall refuse or neglect to trim any tree or trees so situated, for a period of 48 hours after receiving written notice by the Trustees of the Village requiring the same to be done, the Board of Trustees of said Village may cause said trees to be trimmed by or under the direction of the Superintendent of Public Works of said Village, and the cost thereof shall be a charge upon and against said premises, to be assessed against the same in the manner prescribed by law.
[Added 2-14-1991 by L.L. No. 1-1991]
A. 
Any person using or operating a skateboard, bicycle or any other wheeled conveyances other than wheelchairs on a Village sidewalk shall dismount when overtaking, passing or meeting a pedestrian.
B. 
Any person violating the provisions of this section shall be subject to a penalty not exceeding $25 for the first offense and a penalty not exceeding $100 for the second offense, and in addition thereto, a violation thereof shall constitute disorderly conduct, and a person violating the same shall be deemed a disorderly person. This section may be enforced by the police or a Village parking enforcement aide.
[Amended 1-14-1993 by L.L. No. 2-1993]
C. 
Special enforcement for violators under the age of majority. For offenses of this section committed in their presence, the police or parking enforcement aides, in lieu of a citation seeking penalties as provided in Subsection B hereof, may impound any skateboard or bicycle, provided that the operator thereof is given a receipt therefor. The receipt shall identify the person from whom the property was taken and provide details as to where and for what fee the property can be redeemed. The fee for skateboard redemption shall be $10 and for bicycle redemption $25. Property properly impounded, if not redeemed within 30 days, may be declared abandoned property and disposed of as provided by law.
[Added 5-9-1996 by L.L. No. 3-1996]
[Added 4-14-1994 by L.L. No. 2-1994]
A. 
Applications to the Village Board shall be submitted through the office of the Village Clerk and shall contain therein as much information as may be required by the Clerk and any additional information the applicant deems necessary for favorable consideration. The application fee shall be $250.
B. 
Upon receipt of the application at its next regular meeting, the Village Board may proceed to address the matter upon the merits based on the information submitted or may vote to hold a public hearing if, in its discretion, the public interest so warrants. A public hearing shall be scheduled not sooner than two weeks from the initial Board decision to hold a hearing, and not longer than 45 days subsequent to such decision.
C. 
Nothing herein shall be construed as compelling a decision by the Village Board at its initial review, and the petition may be carried over for one additional meeting before either a decision is reached or the matter is scheduled for a public hearing.
D. 
If the Village Board concludes that the public interest requires a public hearing, the applicant shall be required to pre-pay the costs of the legal notices and stenographic expenses. The anticipated expenses shall be bonded by the applicant by depositing with the Village Clerk monies in an amount to be set by the Board as a condition of the hearing. Such amount so deposited as may not be needed shall be returned to the applicant after the hearing.
E. 
Site-specific applications shall be submitted to the Planning Board through the Clerk of the Planning Board and shall contain such information and be subject to such fees as are regularly required for Planning Board review.
F. 
In the instance of applications for permits held for public hearing by the Village Board, the scope of such hearing shall include not only the factors which balance traffic and safety consideration with the validity or desirability of the private interest to be served, but they shall include general question of public convenience and necessity, the impact of the use on the social life of the community, the reasonableness of fees or rates to be charged the public by the applicant, any potential for the disturbance of public order and the potential for use or exploitation for anti social or illegal purposes.
G. 
Permits issued on the authority of the Village Board do not require Planning Board action or concurrence.