This chapter shall be known and may be cited as the "Village
of Mineola Streets and Public Places Law."
As used in this chapter, unless the context or subject matter
otherwise requires, the following words shall have the following definitions:
Any erection of material to form a shelter of any kind, including,
among other forms of shelter, tents, trailers, garages, barns, stables
and other outbuildings.
Includes natural persons, firms, corporations and associations.
Streets, roads, avenues, sidewalks, thoroughfares, highways,
parks, parkways, alleys, squares, plazas and any and all places not
exclusively subject to private ownership, occupation or control.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway, regardless of
its means of propulsion, except a baby carriage and devices used exclusively
on stationary rails or tracks.
No person shall encumber, obstruct or use any street, highway
or sidewalk in such a manner as to hinder, impede, delay or interfere
with the free flow of traffic thereon, nor place or deposit any merchandise,
building material or other thing in or upon any street, highway or
sidewalk, without first having obtained the written permission of
the designated enforcement officer.
No person shall place, drop or throw any glass, nails or other
destructive matter in any public place or leave or any such article
or matter to remain thereon.
No person shall lead, ride or drive any horse, livestock or
domesticated or wild animal of similar size, nor permit or suffer
any vehicle to be driven or to otherwise pass or go over or upon any
footpath or sidewalk or curb, except to cross said footpath or sidewalk
or curb over a driveway duly established and regularly used for ingress
and egress.
No person shall engage in ballplaying or other sports and amusements
upon any sidewalk or any street nor use any footpath or sidewalk for
bicycling or roller-skating.
No person shall hold, take part or engage in any parade, exhibition
or entertainment in any public place without a written permit from
the Board of Trustees.
A.
No person shall post, place or hang or cause to be posted, placed
or hung any handbill, notice, sign or placard upon any post, telegraph,
telephone or electric light pole, tree, fence, bridge, wall or other
object in or upon any public place or upon any other premises or thing
without the consent of the owner thereof.
B.
This section shall not apply to the posting of any legal notice as
prescribed by law.
A.
DISPLACEMENT OF SOIL
EXCAVATION
HIGHWAY
PLACEMENT OF STRUCTURES
Definitions. For the purposes of this section, unless the context
or subject matter otherwise requires, the following terms shall have
the following meanings:
The breaking or opening of the unpaved portions of the highways
of Mineola for any purpose.
The breaking or opening of the pavement of the highways of
Mineola for any purpose.
The entire width between the boundary line of every way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular traffic.
The placement of any structure within a highway, such as
but not limited to telephone poles or other utility poles and/or any
wires and anchors used to support telephone poles or other utility
poles and the cables appurtenant thereto.
B.
Permit required. No person shall excavate, displace soil or place
structures within or on the highways or public places of the Village
of Mineola without first having obtained a permit from the appropriate
enforcement officer.
C.
Application; deposit; insurance. Upon application in writing, on
forms supplied by the Superintendent of Public Works, filed with the
Department of Building and Code Enforcement, stating the purpose,
extent, location and nature of a proposed excavation, displacement
of soil or placement of structures on or within the highways of the
Village of Mineola, the designated enforcement officer may grant or
refuse a permit therefor. Except where such excavation, displacement
of soil or placement of structures shall be directly authorized by
law, the enforcement officer shall require the applicant to deposit
with him or her a sum of money or bond which shall be adequate to
pay all of the expenses to which the Village will be put to replace
the affected portion of the highway in a condition equivalent to that
existing prior to said excavation, displacement of soil or placement
of a structure. The unexpended balance, if any, shall be refunded
to the applicant-depositor. Each applicant shall file a certificate
of insurance evidencing an insurance policy insuring the Incorporated
Village of Mineola in the sum of $100,000/$300,000 for personal liability
and $25,000 for property insurance.
D.
Fees. Except where otherwise provided by law, or where permits as
above are granted for work done at the direction of the Superintendent
of Public Works, each application for a permit shall be accompanied
by a fee established by resolution of the Board of Trustees. A permit
for each individual excavation, displacement of soil or placement
of a structure on or within the highways of Mineola shall be required.
The Superintendent of Public Works, in his or her discretion, may
provide for monthly billing for applicants requiring numerous permits
on a frequent basis.
E.
Notice to public service corporations. No work shall be commenced
under any permit granted pursuant to this section unless or until
such notice as shall be directed by the Superintendent of Public Works
shall have been given to public service corporations having lines,
mains or other property on or in the highways.
F.
Safeguards. All excavations in the highways shall be surrounded by
suitable barriers or guards, for the protection of persons using the
highways, in the daytime and, in addition thereto, by lights or flares
from twilight continuously until daylight. Such barriers and lights
shall conform in kind and numbers to the requirements of the Superintendent
of Public Works. Failure to provide barriers and lights conforming
to the requirements of the Superintendent of Public Works shall be
prima facie evidence of a failure to provide suitable barriers and
lights.
G.
Inspection; restoration; maintenance. All permits granted for Village
street, highway or sidewalk excavations for any purpose shall be conditioned
upon the adequate inspection, at the expense of the applicant, of
the property of the Village and public service corporations. All excavations
shall be backfilled properly upon completion and a written notice
thereof given to the Superintendent of Public Works. All permittees
are to prepare pavements as follows: All types of roads, with the
exception of concrete, shall be replaced with a subbase of concrete
six inches in depth and surfaced with blacktop not less than two inches
in depth. Concrete roads shall follow the Nassau County specifications
of one or two to four reinforced concrete. All excavations shall be
maintained by the permittee for six months after such notice of completion
has been given, and in the event of failure to maintain same, the
Superintendent of Public Works may make the necessary repairs at the
expense of the permittee.
[Added 6-21-2000 by L.L. No. 28-2000; amended 5-15-2002 by L.L. No.
3-2002]
A.
Leaving of shopping carts, wagons and bicycles in public places.
It shall be unlawful for any person, his agent or employee to leave
or to suffer or permit to be left any shopping cart, wagon, bicycle
or other similar movable vehicle, either owned by him or in his possession,
custody or control, upon any public place within the Incorporated
Village of Mineola (hereinafter the "Village"), except in areas specifically
designated by resolution of the Board of Trustees.
B.
Removal by Village. The Superintendent of Public Works shall remove
or cause to be removed any shopping cart, wagon, bicycle or other
similar movable vehicle found upon any public place within the Village
and shall take or cause such property to be taken to premises of the
Village where it shall be held until redeemed or sold, as hereinafter
provided.
C.
Notice to owner. Whenever the Superintendent of Public Works shall
take and hold any shopping cart, wagon, bicycle or other similar movable
vehicle containing identification of ownership or right to possession,
a notice shall be sent by mail or delivered to such person, advising
that such property is held by the Superintendent of Public Works and
advising the amount necessary to redeem such property.
D.
Sale at auction. The Village Clerk may sell at public auction any
shopping cart, wagon, bicycle or other similar movable vehicle which
remains in the custody of the Superintendent of Public Works for a
period of 15 or more days after removal. The Village Clerk shall cause
notice of public auction to be given by printing such notice in a
publication of general circulation within the Village at least 10
days prior to such public auction. Such notice shall contain the time
and place of the public auction and a general description of the property
to be sold. The public auction shall be conducted by the Village Clerk
or his designee.
E.
Redemption prior to sale. Such shopping cart, wagon, bicycle or other
similar movable vehicle may be redeemed by the owner or custodian
thereof at any time prior to the sale thereof or the dismantling or
otherwise disposal thereof by tendering to the Clerk of the Village,
at his office during regular business hours, a sum as set by resolution
of the Board of Trustees. In addition, the person seeking to redeem
shall be required to pay the pro rata cost of advertising the sale
of such property, if any. Any return of property by the Clerk to a
person pursuant hereto shall be an absolute defense to the Village
against any other person claiming to be entitled thereto.[1]
F.
Disposal of unsold property. In the event that a shopping cart, wagon,
bicycle or other similar movable vehicle taken into Village custody
pursuant to this section shall remain unsold at public auction, the
Village Clerk may reoffer it for sale at a subsequent public auction
held pursuant to this section or he may dismantle or otherwise sell
or dispose of such property. Any such sale or other disposition of
such property pursuant to this section shall be without liability
on the part of the Village to the owner of such property or other
person lawfully entitled thereto or having an interest therein.
