[HISTORY: Adopted by the Board of Trustees of the Village of Corinth as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-4-1931 as Art. III of the Village Ordinances; amended in its entirety 2-23-1983 by L.L. No. 1-1983 (Ch. 119, Art. I, of the 1983 Code)]
Whenever sidewalks are constructed on the streets of the Village, with the consent of the Board of Trustees, of material, width and at a cost approved by such Board, the owner or occupant of the premises adjoining such walk who shall have constructed the same will be paid by the Board of Trustees, from the Street Fund of the current year, 1/2 the cost of said sidewalk.
The consent above referred to will not be given unless application for the same is made in writing, signed by the applicant, and which application shall state the material, length, width, curbing, construction and who is to do the work, the price therefor, the total expense thereof and the time required to build the same. No rebate will be given until receipted bills for labor and material entering into the construction of said sidewalks are produced to the Board of Trustees by the beneficiary.
No person shall build, alter or repair any street, lane, gutter, alley or sidewalk until after the grade thereof shall have been established and until the permission so to do shall have been granted by the Board of Trustees of the Village.
No person shall be guilty of racing or immoderately riding or driving any horse or other animal in any of the streets of the Village, and any policeman or police constable is hereby authorized and required to stop and arrest any person guilty of such riding or driving in the streets.
All coasting, sliding, rolling of iron hoops, practicing, batting, throwing, catching or playing with any baseball, football or basketball upon the sidewalks or in the streets of the Village and the jumping on or across such sidewalks is hereby prohibited.
[Amended 8-13-2003 by L.L. No. 2-2003]
As used in this section, the following terms shall have the meanings indicated:
- Every two- or three-wheeled device upon which a person or persons may ride, propelled by human power through a belt, chain or gears, with the exception of tricycles.
- IN-LINE SKATES
- Shoes, skates or footwear with a single row of roller wheels and commonly referred to as "roller blades."
- ROLLER SKATES
- Shoes, skates or footwear with two or more rows of roller wheels.
- A narrow board of wood, plastic, fiberglass or similar material with roller skate or any other type of wheels attached to each end, used for gliding or moving on any hard surfaces, with a mechanism or other device for steering while being used, operated or ridden, whether or not the same is motorized.
- A narrow board of wood, plastic, fiberglass or similar material with roller skate or any other type of wheels attached to each end, used for gliding or moving on any hard surfaces, without a mechanism or other device for steering while being used, operated or ridden.
- Every three-wheeled device upon which a person or persons may ride, propelled by human power with solid tires and intended for use only upon a sidewalk by preteen age children.
The use of skateboards, in-line skates, roller skates and scooters is prohibited on the following streets and on the sidewalks adjacent to such streets:
Main Street, from the northerly side of the intersection with Palmer Avenue north to the Village boundary on Route 9N.
Maple Street, from Main Street west to the easterly side of the intersection with Mill Street.
Center Street, from the railroad tracks which are just south of Mechanic Street north to Maple Street.
The use of bicycles, except bicycles operated by police officers, is prohibited on the sidewalks adjacent to the streets described in Subsection B(1) of this section.
All bicycles, tricycles and similar vehicles, when ridden on the public highways, streets and public places in the Village, shall be equipped as required by § 1236 of the Vehicle and Traffic Law. No person shall ride any such bicycle, tricycle or other similar vehicle at a rate of speed greater than 30 miles an hour or coast or proceed by inertia or momentum with feet off the pedals.
All parades and the playing of bands of music upon the streets or public grounds of the Village are prohibited without the written consent of the Mayor of the Village first obtained, or in the absence of the Mayor or in case of his disability, the written consent of the Clerk-Treasurer of the Village.
No person shall commit any nuisance in any public street or alley of the Village, or shall deposit any human excrement therein, or shall in public view void his urine in any such street or alley.
[Amended 9-19-2012 by L.L. No. 2-2012]
The streets, squares, lanes, alleys, sidewalks, crosswalks and public grounds in the Village shall not be encumbered or encroached upon with boxes, barrels, casks, crates, goods, wares, merchandise, building material, material or in any wise whatever unless a permit from the Board of Trustees is obtained as set forth in Subsection B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Any table, chair, furniture, clothes rack, sign, fire escape, outside balcony, air-conditioning unit, building overhang, canopy, marquee, awning, wire, cellar entrance, coalhole, manhole, oil vent or intake, sprinkler, shutoff, street or sidewalk vault, sidewalk elevator, hoistway, opening, scaffolding or other device or any structure used in the erection, painting, repair or demolition of any building or any other device or any structure or opening similar or dissimilar to those before mentioned which shall extend under, on, in or over a public street or sidewalk in the Village of Corinth, but shall not include any wire, pole, cable or pipe erected, constructed or maintained by any public utility company.
- One or more natural persons, partnerships, corporations, associations, societies or joint-stock companies, but not including the Village of Corinth or its servants, agents, employees or officers while acting in the performance of their duties as such.
Permit required. On or after the effective dates of this section, no person shall erect, construct or maintain any encroachment under, on, in or over any public street or sidewalk or any private property used as a public street or sidewalk without obtaining a permit therefor as hereinafter provided.
Construction standards; signs; specifications; certificate.
No encroachment shall be permitted unless the construction or erection thereof shall comply with safe and existing methods of construction or erection and not endanger the users of the public streets or sidewalks of the Village.
The frames and supports of all movable awnings shall be securely attached to the walls of the buildings, and the lowermost point of the frame or support shall not be less than seven feet six inches above the sidewalk, and the lowest part of the curtain scallop or valance shall be at a height of not less than seven feet above the sidewalk when such awning is extended.
The encroachment shall not extend more than four feet from the property line and shall allow for four feet of unobstructed hard surface sidewalk between each property.
A-frame and menu board signs may be allowed. Such signs and boards shall not be illuminated and shall be no larger than six square feet with no one dimension greater than three feet. No signs shall be hung or attached to any portion of the encumbrance or an awning.
Permits for encroachments thereafter to be made shall be conditioned upon the filing in the office of the Village Clerk-Treasurer of a certificate, by the person making the same, that such encroachment has been made in accordance with the plans and specifications filed with such application and in accord with all conditions contained in said permit, and which certificate shall be so filed within 10 days of the completion of such encroachment.
Application; grant; contents.
Applications for such permits shall be made to the Village Clerk-Treasurer on a form provided by the Village and shall specify the name of the person making the application, the location, by street, of the property in connection with which the permit is requested and a description of the particular encroachment for which the permit is requested, together with such other information as the Board of Trustees shall from time to time require. Applications for permits for encroachments not in existence at the time of such application shall be accompanied by plans and specifications.
Permits may be granted by the Board of Trustees for a period not to exceed 120 days from the date the permit is issued. The Mayor is hereby authorized to grant encroachment permits in emergency cases, which are subject to review by the Board of Trustees at its next meeting.
Upon the granting of the permit, there shall be delivered to the applicant a printed permit containing the information set forth in the application and any additional conditions as may have been imposed by the Board of Trustees.
Conditions for issuance of permit.
Upon approval by the Board of Trustees, the Mayor shall issue a permit.
Conditions for issuance of permit.
An agreement by the applicant to repair, at the expense of the applicant, any damage caused to the sidewalk or street in the operation of the encumbrance. The Board of Trustees may require a bond, in an amount to be fixed by the Board of Trustees, to be filed by the applicant.
A hold-harmless agreement executed by the applicant and indemnifying the Village against loss, including costs and expenses resulting from injury to person or property as a direct or indirect result of the operation of the encumbrance or for injury to person or property occurring on the premises occupied by the encumbrance. Said hold-harmless agreement shall be subject to the approval of the Village Attorney.
Proof of liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. The Village of Corinth shall be named as an additional insured.
If applicable, proof that the applicant has a state liquor license authorizing him or her to serve alcoholic beverages and has liquor license insurance. Such insurance policy must contain a provision that requires the Village of Corinth Clerk-Treasurer to be notified in the policy is canceled.
Separate permits. Separate permits shall be required for each separately numbered street property and for encroachments erected and maintained by a lessee or occupant, as distinguished from an encroachment erected or maintained by an owner of property.
Transfers. Permits may be transferred from one person to another with the approval of the Board of Trustees. Upon approval, the Village Clerk-Treasurer will endorsement the permit showing the approval of the transfer by the Board of Trustees.
Inspection. The holder of any permit shall grant to the Building Inspector, his authorized agent or any other officer or employee of the Village access to the property for which a permit is granted at any reasonable hour for purposes of inspection.
Revocation. Permits shall be subject to revocation at the pleasure of the Board of Trustees at any time. Each permit shall be granted, whether or not set forth therein, upon the condition that the person to whom it is granted shall remove any such encroachment upon the revocation of the permit within five days from the date of the mailing of notice of such revocation to the person to whom the permit was granted at the address given in the application therefor. If the encroachment is not removed within the required time period, the same may be removed by the Village and the expense thereof shall be charged to and paid by the person to whom the permit was granted or transferred.
Discretion of Board of Trustees. Permits may be granted, denied or granted with or without conditions, and such conditions may be altered, revoked or amended as the Board of Trustees shall from time to time determine.
Other permits. The permit required by this section shall be in addition to any permit required by any law or regulation of the Village of Corinth, the County of Saratoga, and the State of New York, including but not limited to the Department of Health and State Liquor Authority.
Fees. The fee for a permit under this section shall be $50 fixed from time to time by the Village Board, payable upon the application therefor.
Penalties for offenses. Any person violating this section shall, upon conviction thereof, be subject to a fine not to exceed $250 or imprisonment for a term not to exceed 15 days, or both.
No person or persons shall throw any snow or ice from the roof of any building onto the sidewalks, and no owner or occupant of any lot or building shall neglect to keep the same free and clear of all encumbrances or neglect to keep the sidewalks or gutters opened and free from accumulation of dirt, snow or ice therein or thereon or shall neglect to remove such encumbrance immediately upon receiving notice so to do by an officer of the Village.
No person shall deposit or cause to be deposited any dirt, ashes or other substance upon any street, sidewalk, highway, alley or bank of a stream in the Village unless the same is done for the improvement of such street, highway or sidewalk under the direction of the Superintendent of the Department of Public Works.
The riding, driving or leading of any cow, team, horse, mule or goat upon any of the sidewalks within the corporate limits, except to cross the same, and the stopping of any team or vehicle upon or over any of the sidewalks, is hereby prohibited.
No telegraph, telephone, electric light or power poles shall hereafter be erected in, over or upon the streets or public grounds of the Village of Corinth, nor any wires strung thereon, without the written consent of the Board of Trustees of said Village first obtained, and all such poles shall be set and wires strung subject to the direction and control of such Board of Trustees. No steps shall be set, placed or permitted to remain in any such pole nearer the ground than 10 feet.
It shall be unlawful for any person, persons, firms, associations, copartnerships or corporation to plant a poplar or soft maple tree anywhere within any street, highway, alley, lane or other public place of the Village of Corinth.
It shall be unlawful for any person or persons to remove, mutilate, cut the bark of or in any manner injure any shade tree occupying any of the public streets, thoroughfares and public places of the Village of Corinth.
No person shall, by his house or building or by any fence or stoop, encroach upon any street, sidewalk, lane or alley in the Village.
All carriages, hacks and all other public conveyances are prohibited from standing on the street in front of any premises for any unreasonable time while waiting for or soliciting passengers.
No person shall suffer any loaded wagon, sleigh or other vehicle to stand in any street of the Village in such manner as shall obstruct the free passage of the same, or upon any sidewalk or crosswalk.
No poster, bill, advertisement, placards or notices, except legal notices, shall be posted, exhibited or placed upon any fence, tree, pole, bridge or other structure upon the streets or in the public places of the Village of Corinth.
No person shall excavate in any of the streets, lanes, alleys or other public places within the corporate limits of the Village for the purpose of laying down any water pipe, drain or sewer, setting any pole or for any other purpose without first obtaining written permission of the Superintendent of the Department of Public Works as to the time, manner and place when such street, sidewalk, land, alley or other public place may be thus opened. Any person making any such excavation, after having obtained such permit, shall protect said excavation when open and restore said street, land or alley to its former condition.
No person shall excavate immediately adjacent to any street, alley or sidewalk without first obtaining permission so to do from the Superintendent of the Department of Public Works in writing.
No paper, dirt or other substance shall be swept from the sidewalk into the gutters unless the same is placed in heaps outside the gutters after so doing in such a way that the papers will not become scattered about.
Any person committing an offense against the provisions of this article shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable for each offense by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[Added 6-16-2004 by L.L. No. 2-2004]
Legislative intent; statutory authorization.
It is the intent of this section to require a notice of defect to be filed with the Village of Corinth so that the Village may be placed on actual notice of any dangerous conditions and therefore be more capable to replace and repair defective Village property and protect Village residents from injury. It is the intent of the Village Board to require notice of defects and dangerous conditions of any kind, type or nature, not just physical conditions such as holes and cracks, so as to strengthen and increase the Village's capacity to protect lives and property and the public welfare.
This section is enacted pursuant to the powers granted to the Village by virtue of Article IX, § 2(c)(5), of the New York State Constitution and § 10 of the Municipal Home Rule Law.
Notice of defect to be filed.
No cause of action shall accrue against or shall be maintained against the Village, its officers, agents or employees, for damages or injuries to a person or property sustained in consequence of any defective or out-of-repair Village property or property under the direct or indirect control of the Village, unless a written notice of defect was first filed with the Village Clerk-Treasurer and there was a failure or neglect by the Village within a reasonable time after the receipt of such written notice to repair or remove the defect, danger or obstruction.
The filing of a notice of defect shall be a condition precedent to the filing or maintaining of an action or special proceeding against the Village, its officers, agents or employees, for such damage or injury to person or property, in addition to any other notices required by law.
Enumeration of property included. Village property or property under direct or indirect control of the Village shall include but not be limited to street, highway, driveway, bridge, culvert, sidewalk, crosswalk, or parts or appurtenances thereto. Defects and unsafe or dangerous conditions referred to in this section include without limitation the lack or absence of, failure to provide or failure to maintain signs, safety devices, traffic control devices and snow and ice control.
Records of notices to be maintained.
The Village Clerk-Treasurer shall keep an indexed record of all notices of defect, which record shall indicate the time and date of receipt of the notices. After receipt, the Village Clerk-Treasurer shall forward copies of these notices to the Mayor.
The Village Clerk-Treasurer shall maintain an indexed record of all remediation and/or repairs of conditions registered through a notice of defect. This record shall indicate the date, time, extent of repair or remediation, and who performed the work.
Form of notice; service.
The notice of defect shall state that it is a notice of defect, the name and address of the complainant, the specific nature of the defective condition, and the exact location of the defective condition.
The notice of defect shall be signed by the complainant and be verified by completing the form designated by the Village Clerk-Treasurer.
The notice shall be served on the Village by either delivering a letter thereof personally to the Village Clerk-Treasurer or by certified or registered mail addressed to the Village Clerk-Treasurer.
Liability of Village.
This section shall not create new or additional liability for the Village where there was no specific existing duty on the part of the Village to repair or replace the defective or dangerous condition.
No claims shall be presented, nor any action maintained against the Village, its officers, agents or employees, for damages or injuries resulting from the defective or dangerous condition for which a notice of defect has been filed where the Village Board has determined the remedy or action appropriate to cure such defective or dangerous condition, unless such determination is without rational basis or is grossly negligent, or unless the remedy or action specified in such determination has not been implemented within a reasonable time. Nothing in this section shall be deemed to preclude the Village Board from a making a determination that no remedial or corrective action is either necessary, appropriate or justified for a condition for which a notice of defect has been filed.
[Adopted 12-2-1993 (Ch. 119, Art. II, of the 1983 Code)]
Procedure for snow removal during a normal snowstorm shall be as follows:
Within the next 24 hours following a snowstorm, removal will begin from the hours of 10:00 p.m. to 6:00 a.m. from Sunday through Thursday. During a nonemergency snowstorm, no snow shall be removed on Fridays or Saturdays.
At no time shall snow be picked up at school locations between the hours of 6:00 a.m. and 6:00 p.m. during school days. The sidewalk plow will not plow by the school during arrival or dismissal times.
Areas of snow removal are scheduled in order as follows:
Crosswalks in front of schools.
Oak Street School, Main Street to Second Street, both sides of the street.
Mechanic Street/Main Street to Village line; east side to Walnut Street; west side from Walnut Street to Village line.
Palmer Avenue to bridge north side to businesses on south side.
Bridge on Maple Street to cemetery entrance south side.
Hamilton Avenue, north side.
Upper Center, west side.
Two crews shall be used to decrease overtime. One crew will work night shift, one crew day shift. No overtime will be used for normal snow removal without prior approval of the Mayor.
The following snow removal procedures will be followed if a snow emergency exists. A snow emergency is declared by the Mayor and would exist if the amount of snow is large enough to create a safety hazard. In the event of a breakdown of the sidewalk plow, the Village may rent or borrow a snow blower to open up sidewalks.
East side of Main Street from the beach to Oak Street.
North side of Oak Street to the school.
West side of Main Street from Oak Street to Eggleston Street.
North side of Maple Street from Main Street to A. White and Son.
North side of Palmer Avenue from Main Street to Palmer School.
South side of Oak Street from Fifth Street to First Street.