City of Kingston, NY Sidewalk Standards

Editor's Note: Former Ch. 358, Sunday Activities, consisting of Art. I, Baseball, adopted 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984, as Ch. 106, Art. I, of the 1984 Code, and Art. II, Motion Pictures, adopted 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984, as Ch. 106, Art. II, of the 1984 Code, was repealed 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000.]

§ 358-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADA 2010

Americans with Disabilities Act Standards for Accessible Design. Also may refer to the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), as supplemented by the 2011 Proposed Public Right-of-Way Accessibility Guidelines (PROWAG) for Pedestrian Facilities.

PERSON

An individual, partnership, corporation, association, joint-stock company, trust, any unincorporated organization or a government or political subdivision thereof.

SIDEWALK

The area on each side of the road from the property line to the gutter line or, if there is a curb, to the roadway side of the curb.

STREET

Includes, but is not limited to, roads, gutters, driveways which lead into roads, and curbs and sidewalks adjacent to roads.

§ 358-2 Guidelines.

As described in the New York State Department of Transportation (NYSDOT) Highway Design Manual, Chapter 18, Pedestrian Facility Design Revision 83, designers should provide sidewalks when adjacent land use includes pedestrian generators and destinations within close proximity to one another and/or where municipal or Regional/Metropolitan Planning Organization (MPO) transportation studies indicate the need for pedestrian facilities. The need for sidewalks should be evaluated according to the Capital Projects Complete Streets Checklist and documented in all project scoping reports and design reports. (See NYSDOT Highway Design Manual Chapter 18.)

To plan the location of new sidewalks, designers should refer to the City of Kingston Comprehensive Plan, the Capital Projects Complete Streets Checklist, including the logical terminus principle, and consult with the City of Kingston Planning Department and/or Planning Board. Specifically, the Kingston Comprehensive Plan 2025 provides guidelines and goals in regard to sidewalks for differing districts within the City. It should be noted that pedestrian facilities constructed under the terms of highway work permits must adhere to the NYSDOT Highway Design Manual. Sidewalks should be terminated by an accessible route connecting the sidewalk to the roadway shoulder or an existing pedestrian facility.

"Green streets" guidelines, including stormwater management best management practices (BMPs), as described in the City of Kingston Comprehensive Plan Strategies 5 and 7, should be reviewed for potential implementation whenever new sidewalks are installed or when repairs or renovations to more than 50% of existing sidewalk along a property are made.

Existing, deteriorated, or nonaccessible sidewalks (those not meeting the minimum requirements of current ADA 2010/ADAAG standards) shall be rehabilitated or replaced, in accordance with the City of Kingston ADA Transition Plan. Incomplete, but warranted, pedestrian facility systems should be made complete and should have logical termini. Existing but unnecessary sidewalks may be eliminated. However, if they are left in place, they must be made accessible. In districts without sidewalks, a shoulder area meeting ADA 2010/ADAAG accessibility requirements can be created. Any decision to remove an existing sidewalk must be approved by the City of Kingston Planning Board.

§ 358-3 Sidewalk Types.

Sidewalks within the City of Kingston are to be constructed of one of two material types: concrete and bluestone.

A local variety of stone, commonly known as "bluestone," shall, when at all practicable, be utilized as sidewalk paving material for new construction and retained where it presently exists in the following areas. All bluestone sidewalk installation and repair shall adhere to the standards within this code. Applications for variance from these requirements shall be submitted to the Planning Department, Historic Landmarks Preservation Commission and the Superintendent of Public Works exercising the judgment as to where it is practicable, with review by the Mayor.

The Stockade (Area) District of Kingston, consisting of eight blocks bounded by Clinton Avenue, Main Street, Green Street and North Front Street, together with a protective perimeter.

The Rondout Landmark District, consisting of the area as shown on the map of same annexed as Attachment 6:2.[1]

Editor's Note: Said map is on file in the City offices.

The Fair Street Landmark District, consisting of the area as shown on the map of same annexed as Attachment 6:3.[2]

Editor's Note: Said map is on file in the City offices.

The Chestnut Street Historic District, consisting of the area as shown on the map of same annexed as Attachment 6:4.[3]

[3]

Editor's Note: Said map is on file in the City offices.

All those areas or individual properties that may be so designated presently or in the future as either a local landmark or a property listed on the State or National Historic Register.

(6)

In areas of the City that are not designated as historic districts or a landmark and where there are long stretches of historic bluestone, reusing salvaged historic bluestone from the stretch itself or from the City's bluestone bank shall be considered where practicable.

The material for the primary path of travel on all new sidewalks within the City of Kingston and outside of historic districts and landmarks described in Subsection B above shall be of concrete and according to the standards of this code. Existing sidewalks to be repaired shall be repaired with concrete and according to the standards of this code. If existing sidewalks outside of the boundaries described in Subsection B above are of a bluestone material, they may be repaired with bluestone that meets all standards set in this code. An application for a variance from these requirements, including for historic renovation, must be made to the Superintendent of Public Works, in consultation with the Planning Department and Historic Landmarks Preservation Commission.

All sidewalks are to meet ADA 2010 requirements for width, surface variation, curb ramps, detectable warning panels, and all other accommodations described therein. Sidewalk widths may conform to the convention and character of adjacent properties and the surrounding neighborhood or zoning district.

An application for a variance from the minimum width guideline must be made to the Planning Board and include a site plan and narrative documenting the reasons for the request. Where the minimum recommended five-foot width is not possible due to site conditions, a four-foot width sidewalk may be installed, subject to approval by the Planning Board, with minimum five-foot square passing areas spaced no more than 200 linear feet apart, as per ADA 2010.

If the sidewalk is greater than the five-foot minimum width, alternate paving types, such as brick or pavers, may be utilized outside of the minimum width. Street furnishings such as bike racks, benches, or other amenities may also be placed within the sidewalk, provided a minimum clear width of four feet is maintained.

Any person, persons or corporation who violates any of the provisions of this section shall be subject to a penalty not exceeding $50 per day from 30 days after notification of violation. This penalty shall be recovered for the use by the Department of Public Works to fund sidewalk repairs within the City of Kingston.

§ 358-4 Construction of sidewalks.

See § 358-10, Maintenance, for parties responsible for construction, repair, and re-laying of sidewalks.

If any sidewalk is removed for excavating purposes or any purpose whatsoever, the corporation or person removing such sidewalk pursuant to a permit herein provided for shall re-lay such sidewalk in a workmanlike manner.

Sidewalks shall be constructed in conjunction with all new construction or substantial redevelopment within the City of Kingston where it has been determined appropriate by the City of Kingston. All new sidewalks constructed within the City of Kingston shall be constructed by the owner of the adjoining property at the expense of said owner. Any replacement of an existing sidewalk shall be constructed by the owner of the adjoining property at the expense of said owner. This section shall not apply to walkways or pass-through walks, which do not run along streets but which lead from one street to another. Variance from these requirements may be obtained by submitting a proposed plan and narrative documenting the lack of pedestrian traffic and adjacency of existing sidewalks for review by the Planning Department.

Permit required; application, issuance and duration of permit. No such sidewalk shall be constructed or work commenced until the owner of said premises shall have obtained a permit for the sidewalk. In all cases in which a sidewalk has heaved due to tree roots, prior approval for any work shall be obtained from the City of Kingston Tree Commission through the permitting process. Application for such permit shall be in person at the office of the Department of Public Works of the City of Kingston, New York, during regular office hours. A nonrefundable application fee for such permit in an amount as set forth in the fee schedule established by resolution of the Common Council of this City shall be charged.[1] Said permit shall be valid for 60 days from the date of final approval.

Editor's Note: See Ch. 217, Fees.

§ 358-5 Material and design specifications.

Materials. All sidewalks shall be not less than five feet in width. Within the previously specified districts that require bluestone, all new sidewalks are to be paved using historically accurate bluestone paving, and any repair or reconstruction shall be made using historically accurate bluestone paving according to the standards within this code. In all other areas, new sidewalks shall be constructed of concrete or bluestone, according to the standards within this code or through written approval of a variance by the Superintendent of Public Works in consultation with the Historic Landmarks Preservation Commission.

Americans with Disabilities Act. All sidewalks shall conform both in spirit and in form to all requirements of the Americans with Disabilities Act (ADA) and Proposed Public Right-of-Way Accessibility Guidelines (PROWAG) for Pedestrian Facilities. These requirements include, but are not limited to:

Minimum sidewalk width for all new sidewalks is to be five feet. Where the minimum recommended five-foot width is not possible due to site conditions, a four-foot width sidewalk may be installed with minimum five-foot square passing areas spaced no more than 200 linear feet apart, as per ADA 2010.

Curb ramps shall be installed at all locations prescribed in ADA 2010 and shall meet all requirements of the NYSDOT Highway Design Manual Chapter 18 whenever adjacent sidewalk or street construction is performed. Detectable warning panels meeting all relevant code requirements shall be installed in locations required by ADA 2010 and NYSDOT standards.

All horizontal jointing is to be a maximum of 1/4 inch in width.

Any vertical variation is to be a maximum of 1/4 inch in height, unless beveled. If beveled, this vertical measure may equal 1/2 inch, as per ADA 2010 standards.

The cross-slope on the pedestrian access route within a walkway shall not exceed 2%, even after application of construction tolerances.

Allowable applications for variance, for circumstances described in and meeting requirements for variance within ADA 2010, must be submitted in writing to the City of Kingston Department of Public Works and include a site plan and narrative describing the reason for the requested variance.

Bluestone specifications.

All bluestone sidewalks within the City of Kingston shall be installed according to the standards within this code or through written approval of a variance by the Superintendent of Public Works in consultation with the City Engineer and Historic Landmarks Commission.

An existing bluestone sidewalk slab shall be considered to be in satisfactory condition if it:

Is free from structural defect (displaced cracks, delamination).

Has surface imperfections that are no more than 1/4 inch vertical.

Has a vertical alignment of no more than 1/4 inch difference at joint or adjoining slab.

Has a horizontal center alignment of no more than one inch offset from the center line of the sidewalk (except where the sidewalk must pass an obstruction such as a tree).

Repair and/or replacement.

Repair.

If less than 59% of the length of a City sidewalk (measured as total length of City sidewalk abutting property) does not meet City of Kingston specifications, the defective section of sidewalk may be repaired without disturbance to the remaining sidewalk.

The installation method (processed stone or concrete setting method) shall be determined based upon adjacent undisturbed bluestone panels. The installation method shall match the structural section of the adjacent undisturbed bluestone panels, provided that section meets the standards of this code. If the adjacent section does not meet the standards of this code, the bluestone shall be set on processed stone.

[3]

If bluestone paving was previously installed at a drive apron and is in need of repair, it shall be replaced by either concrete sidewalk or stamped concrete sidewalk as described in Subsection C(4) below.

Replacement.

If 59% or more of the length of a City sidewalk (measured as total length of City sidewalk abutting property) does not meet City of Kingston specifications, all bluestone slabs abutting the property shall be removed. Existing slabs meeting the standards of this code may be reset according to one of the acceptable methods outlined below.

The property owner may choose which installation method (processed rock or concrete setting method) is used. If a contractor intends to reuse existing subbase material, it shall be inspected for conformity to standards by the Department of Public Works. If the existing subbase is found to be inadequate, it shall be removed in its entirety and replaced with new subbase meeting all applicable NYSDOT standards as specified by the Department of Public Works.

[3]

Existing or recycled slabs shall be inspected for conformity to standards. Slabs found to be inadequate and unsalvageable shall be removed from the site.

[4]

If bluestone paving was previously installed at a drive apron and is in need of replacement, it shall be replaced by either concrete sidewalk or stamped concrete sidewalk as described in Subsection C(4) below.

Work done by others. If it becomes necessary for a contractor, utility company, or other entities not working directly at the request of a property owner to disturb a sidewalk that is partially or fully constructed of bluestone, the repair procedure shall be as follows:

If 50% or more of the length of the City sidewalk (measured as total length of City sidewalk abutting property) is constructed of bluestone, the disturbed sidewalk panel must be replaced with bluestone notwithstanding from which type of material the disturbed panel was originally constructed. The Superintendent of Public Works may waive this requirement at the written request of the property owner. The entity disturbing the sidewalk shall verify the replacement material with the property owner prior to repairing the disturbed slab(s).

If 49% or less of the length of the City sidewalk (measured as total length of City sidewalk abutting property) is constructed of bluestone, the disturbed panel may be replaced in kind. If the entity disturbs more than one slab along the frontage of the same property separated by 10 feet or less or along the frontage of the adjoining properties separated by 15 feet or less, all intervening slabs shall be repaired/replaced as well.

If bluestone slabs meeting the standards of this code are removed from a sidewalk for any reason and not reset in the sidewalk adjacent to the same property, those slabs shall be turned in to the City of Kingston bluestone bank, administered by the Department of Public Works.

New bluestone slab specifications.

New bluestone slabs shall be free from structural defect (i.e., displaced cracks delamination). Surface imperfections shall be no more than 1/4 inch vertical.

The installer shall submit documentation that all bluestone is of a minimum 19,000 psi dry compressive strength, has a nonslip finish on all exposed edges, and meets all requirements of NYSDOT standards for bluestone sidewalks.

Minimum slab width shall be 47.5 inches for a four-foot-wide sidewalk, and 59.5 inches for a five-foot-wide sidewalk. Minimum slab length shall be 23.5 inches.

Reuse of existing or recycled bluestone slabs.

Reuse of existing slabs is permitted if the slabs are free from structural defect (i.e., displaced cracks, delamination). Reused slabs shall be of a minimum of two inches' thickness. Slabs shall have maximum surface imperfections of 1/4 inch vertical. Slabs shall be trimmed square if corners are broken.

Minimum size of reused slab shall be 24 inches by 47 inches for a four-foot-wide walk and 24 inches by 59 inches for a five-feet-wide walk.

High-quality recycled bluestone slabs may be available from the City of Kingston bluestone bank. Contact the Department of Public Works for further information, including cost and availability.

(6)

Slab length. Bluestone slabs shall be a minimum 47.5 inches long (as measured along the curb). Reused slabs must be a minimum 36 inches long (as measured along curb). Smaller slabs (minimum 24 inches long) may be used sparingly as required when abutting a concrete sidewalk, apron or sidewalk ramp.

(7)

Bluestone sidewalk alignment. Bluestone sidewalk slabs shall abut adjoining sidewalk slabs (bluestone or concrete) in such a manner that the vertical difference at the joint does not exceed 1/4 inch. The horizontal center-line alignment of bluestone sidewalks shall not deviate more than one inch from the center line of the sidewalk. Maximum joint width shall be 1/4 inch. Sidewalks shall maintain a positive cross-pitch of 2% maximum (towards curb) across the width of the sidewalk.

(8)

Installation methods. The following base course options are available for repair or replacement of sidewalks. See the "tree planting" section of this code for installation adjacent to new or existing trees.

Crushed stone. Slabs to be set on minimum eight-inch-thick, two-inch crushed stone base with maximum two-inch-thick polymeric sand setting bed. Process crushed stone is to be compacted in six-inch lifts (95% compaction). Joints are to be polymeric sand swept.

Concrete setting. All slabs are to be set on maximum two-inch polymeric sand setting bed with four-inch-thick 4,000 psi (at 28 days) fiber-reinforced concrete base with two-inch-diameter weeps 36 inches on center. Joints are to be polymeric sand swept. Reinforcing shall be synthetic, fibrillated fibers, specifically engineered and manufactured for use as concrete reinforcement meeting ASTM C1116. Concrete base shall be a minimum one inch wider than bluestone sidewalk. Installation of concrete shall conform to all NYSDOT concrete construction specifications.

(9)

While not required, stamped concrete shall be acceptable paving for driveways, aprons, and curb ramps only within bluestone paving areas. Stamped concrete installation shall be regulated by the concrete sidewalk specifications and subject to approval of the Superintendent of Public Works.

At drive aprons, stamped concrete shall have a four feet by four feet or five feet by five feet bluestone pattern, according to the dimensions of the adjacent sidewalk, bluestone coloring, and maximum surface imperfection of 1/4 inch vertical.

At curb ramps, stamped concrete bluestone pattern shall be a minimum of 24 inches by 47.5 inches, unless interrupted by a detectable warning panel.

(10)

Inspection procedure. The contractor will request inspection as follows. (Failure to follow the inspection procedure may result in rejection of the work.)

Upon completion of excavation and installation of processed crushed stone base. If a concrete setting method is used, the contractor will request inspection after installation of concrete. The contractor must have new and reused bluestone on site at the time of inspection. Quality, condition, size and thickness of bluestone will be subject to inspection. Processed crushed stone or concrete subbase will be inspected for conformity to specifications.

The contractor will request a second inspection upon completion of the work. This inspection will assess horizontal and vertical alignment of walkway, slab size and spacing, slab surface quality, backfilling, and cleanup. If sidewalk conforms to City of Kingston standards, applicable sidewalk notices (if any) will be lifted from subject property.

If a processed crushed stone setting method is used, sidewalk will be subject to a third inspection following the first winter of exposure. Any slabs deemed not in compliance shall be repaired or replaced in accordance with these standards and subject to reinspection as specified.

The contractor shall coordinate all inspections with the Department of Public Works (DPW). The contractor shall give a minimum 48 hours' notice for any inspection.

Concrete specifications.

Concrete used in all sidewalks shall conform to the New York State Department of Transportation (NYSDOT) Standard Specifications Section 500, Portland Cement Concrete, and meet all applicable ADA 2010 standards. Where the NYSDOT Standard Specifications are unclear, or where the City of Kingston standards are more stringent, the following shall be met:

All sidewalks shall have a minimum strength of 4,000 psi at 28 days and be not less than four inches thick. Sidewalks crossing residential drives shall not be less than six inches thick through the width of such driveway. Sidewalks crossing commercial drives shall not be less than eight inches thick through the width of such driveway.

Expansion joints.

The individual blocks of the sidewalk shall not be over five feet in length. There shall be a one-fourth-inch open expansion joint between each block of the sidewalk, or alternate blocks shall be poured without expansion joints.

As an alternative, sidewalks may have transverse construction joints of one-half-inch premolded bituminous material to the full depth of the concrete and flush with the surface, spaced 20 feet apart. The top surface shall be scored at intervals of five feet so that the finished walk will be marked in squares both longitudinally and transversely.

Joints and edges must be finished with an edging tool of one-fourth-inch radius. Premolded bituminous joint filler shall be placed between sidewalk and curb, other pavements, buildings, and any other fixed element.

Sidewalks shall have a mixture of not less than one part cement to two parts clean sand and four parts clean gravel or broken stone. Said coarse aggregate shall be both No. 1 and No. 2 crushed stone, meeting all NYSDOT guidelines. The proportions shall be such that there is a minimum strength of 4,000 pounds per square inch at 28 days.

(e)

Reinforcing shall be synthetic, fibrillated fibers, specifically engineered and manufactured for use as concrete reinforcement meeting ASTM C1116. As an alternate, welded wire fabric meeting all NYSDOT standards and ASTM A82 or ASTM A496 may be submitted for approval to the Superintendent of Public Works.

(f)

All sidewalks shall be struck off to grade and broom-finished with a medium broom finish to ensure a nonslip surface. After the sidewalk is finished and the surface is hard, it shall be covered for at least two days to keep moisture in the sidewalk.

The grade and location of any sidewalk shall be determined by the Superintendent of Public Works in concurrence with the Planning Department goals.

The water used during the construction shall be free from oil, alkali, acid or vegetable matter.

Ingredients of concrete shall be separately measured loose, in approved receptacles. The mixing of concrete, whether by machinery or by hand, shall be done in a manner satisfactory to the Superintendent of Public Works and subject at all stages to his/her approval. Batchmaking only will be approved, and hand-mixing will be permitted only in case of necessity. A minimum of water, accurately measured, shall be used to give the necessary plasticity. After the materials are first wetted, the work must proceed without delay until the whole batch is in place. The mass in place will be carefully and thoroughly worked to expel air, fill voids and secure perfect and continuous contact with forms.

Notice of work to be done; inspection. Notice of the work to be done, 24 hours in advance thereof and upon the completion of the new sidewalks, must be submitted to the Superintendent of Public Works, who may then inspect the completed work, which shall comply with all the specifications herein. The Superintendent must be given an opportunity to inspect periodically during the progress of the work.

(6)

Penalties for offenses. Any person committing an offense against any provision of this section shall be guilty of a violation punishable by a fine of up to $100. The continuation of an offense against the provisions of this section shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

§ 358-6 Sidewalk Excavations and Barriers.

Permits required. No excavation in the sidewalk areas, nor the blocking off of a portion of the sidewalks, in the City of Kingston shall be made for any purpose whatsoever without first obtaining from the Superintendent of Public Works a written permit for the making of such excavation or blocking off. Such permit shall specify the purpose for which the same is asked, the name of the corporation or person making application therefor and whether or not such corporation or person has duly filed a bond or certificate of insurance for public liability and property damage with the City Clerk, holding the City harmless in case of accident. Such permit shall be valid for a period of not more than 15 days after the date of issuance of the same, after which time said permit shall lapse and become null and void. If the work for which such certificate is issued is not completed within said period of 15 days, the corporation or person doing such work may apply for a renewal of said permit, and the Superintendent of Public Works may grant such renewal, subject to the same limitations and conditions in obtaining the issuance of the original permit.

Applications and fees. Application for such permit must be made in person at the office of the Superintendent of Public Works of the City of Kingston, New York, during regular office hours. A nonrefundable application fee for such permit in an amount as set forth in the fee schedule established by resolution of the Common Council of this City[1] shall be charged. Said permit shall be valid for 60 days from the date of final approval.

Editor's Note: See Ch. 217, Fees.

Safety precautions; liability. All excavations or blocked-off areas must be adequately protected by appropriate guards; in the event that the corporation or person granted such permit shall block off the entire sidewalk area, a temporary sidewalk to safeguard pedestrian traffic shall be barricaded off; the area affected must be adequately illuminated at night. The corporation or person granted such permit shall be responsible for all claims for damages resulting from any cause connected with such excavation or blocking off.

Posting of sign card. The corporation or person granted a permit herein provided for must cause to be placed in a conspicuous spot at the excavation or blocked-off area a sign card which will be issued to him by the Superintendent of Public Works at the time of the issuance of the permit. This sign card must not be removed from the place of excavation or blocked-off area until the work is completed.

§ 358-7 Street Openings.

Permit required. No cut or break shall be made in the pavement or street surface and no trench or excavation shall be dug for any purpose in any improved street in the City of Kingston without obtaining from the Superintendent of Public Works a written permit for the making of such cut or excavation, which permit shall specify the purpose for which the permit is asked and the name of the corporation, person or property owner making application therefor. A nonrefundable application fee for such permit in an amount as set forth in the fee schedule established by resolution of the Common Council of this City shall be charged.[1]

Editor's Note: See Ch. 217, Fees.

Commencement of work; notice; safety; bond; liability. The applicant shall give the Superintendent of Public Works 24 hours' notice of the time such work is to be commenced, unless such notice is waived by said Superintendent, in writing. All trenches must be properly protected by the necessary guards, sheathing and bracing and must also be protected by the necessary lights at night, and the person, corporation, firm or copartnership granted such permit shall be responsible for all claims for damages resulting from any cause connected with the making of such cut, trench or excavation and, before the commencement of the work, shall furnish the City a good and sufficient bond of indemnity with surety in the sum of $5,000, to be approved by the Superintendent of Public Works, indemnifying the City against any and all claims, demands, actions or causes of action in any way connected with or growing out of the making of such cut, trench or excavation.

Notice; restoration of surface; costs. Immediate notice of the commencement of the work for which the permit is given shall be given to the Superintendent of Public Works. The refilling of such cut, trench or excavation and the re-laying of the pavement over the same shall be done by the Superintendent of Public Works, and the cost thereof as certified to by him shall be paid by the persons granted such permit. If such work is done for the purpose of making any house connections, the cost of refilling such trench and re-laying such pavement shall be a lien against the property so connected and may be collected in the same manner as special assessments, as provided by Chapter 611 of the Laws of 1915, and all acts amendatory thereof.

§ 358-8 Permissible Use.

Vehicles on sidewalks. No person shall ride, drive or operate any vehicle, bicycle, skateboard, or other device along any public sidewalk or footpath intended for the use of pedestrians. This section shall not apply to children 10 years of age or under nor to people with disabilities who cannot walk.

Parking between curbs and sidewalks restricted. No person shall park any vehicle between the curb and sidewalk on any street in the City of Kingston.

Parking on sidewalks prohibited. No person shall park any vehicle on any City-owned sidewalk. A vehicle in violation of this prohibition may be subject to towing and storage at the owner's expense if not removed within 24 hours of the violation.

§ 358-9 Projections and obstructions.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CITY PROPERTY

Any real property in title of the City of Kingston or State of New York, including, but not limited to, roadways, sidewalks and medians.

SANDWICH SIGN

Any sign which stands independent of any means of support other than its own structure, located on City property, for the purpose of advertisement and information.

SIDEWALKS

The distance from the property line of any premises to the curbline.

No permanent or temporary building or other structure shall be erected wholly or partly in or over any street or sidewalk unless the consent and permission of the Planning Board and the Department of Public Works of the City of Kingston shall first be obtained.

Consent or permission for such erection or construction shall not be granted until the party seeking such consent or permission shall have filed with the City Clerk of the City of Kingston a policy of liability insurance naming the City of Kingston as a named insured and covering the section of the street or sidewalk affected and protecting the City of Kingston against liability for damages caused by personal injuries to persons using said street or sidewalk in the amount of $1,000,000 personal injury liability and $500,000 property damage coverage.

Persons seeking such permission shall maintain such liability coverage protecting the City of Kingston so long as the erection or structure is in existence. Failure to maintain such coverage shall result in an automatic revocation of such permission.

Awnings.

All awnings hung or suspended over any sidewalk shall be suspended in a safe and secure manner and shall be so hung that the lowest part thereof shall be at least seven feet from the level of the ground.

Signs, placards and other devices, including temporary structures.

No sign, placard or other device shall be placed on or suspended over any street, sidewalk or other City property without a permit issued by the Superintendent of Public Works, and any sign suspended from any building or otherwise shall be at least 10 feet from the level of the ground at its lowest point and shall be suspended in a safe and secure manner and shall further comply with all provisions of this section and of this Code.

Size, location and maintenance.

Size. The entire sign, including face and structure, cannot exceed a height of four feet and cannot exceed a width of three feet. If the sign is such that an angle exists at the top of the sign, the depth of such a sign may not exceed two feet.

Location. If granted a permit pursuant to the provisions herein, signs subject to this section will be located on City sidewalks or on City medians within 1,200 feet from the business, and the exact placement will be determined by the Department of Public Works. A minimum distance of 10 feet must exist between each sign. Placement of sign must not interfere with visibility of traffic or hinder any rights-of-way.

Maintenance. The owner of any sign subject to this provision is responsible for the upkeep and maintenance of each sign for which a permit is issued. If the owner fails to maintain the sign and, in the discretion of the Mayor, the sign is unsightly or dangerous to the public welfare, the owner will be given notice by first-class mail to the address of the owner listed on the application to cure any defect and will have seven days from said notice to do so. If the owner fails to correct any defects, the sign will be removed and the permit revoked. The City of Kingston is in no way responsible for maintaining signs.

§ 358-10 Maintenance.

Snow and ice removal. Each and every owner or owners, and/or occupant or occupants, of land abutting on a street within the City, every agent of any nonresident owner of such land within the City, and every person or persons having charge of any church or public building situated upon any such land within the City, at times during the season of frost and snow:

Shall keep the sidewalk and gutters in front of their respective properties free from snow and ice whenever the same can be kept free of the same.

Whenever said sidewalk cannot be kept free from snow and ice as aforesaid by reason of the intensity of the frost, the same shall be kept strewn with ashes, sand or other materials in such manner as to enable persons to walk thereon with safety.

Shall remove the snow and ice from their sidewalks as aforesaid within 12 hours after each and every snowstorm has abated; and at any time within said period of 12 hours, upon service of a written order or notice of the Superintendent or designee or any police officer of the City to that effect.

Cleaning of sidewalks.

Each and every such owner, occupant and agent of any such land within the City shall keep the sidewalks in front of such respective land free from all obstructions, including overgrown vegetation, accumulations of dirt, and from all matter and substances which will obstruct the same or make the same unsafe for pedestrians. The cost for the City to clear sidewalks of overgrown vegetation, dirt, and from all matter and substances which will obstruct the same or make them unsafe for pedestrians shall be the actual cost to the City of remedying such sidewalks, plus a sum equal to 5% of such actual cost for inspection and other additional costs in connection therewith. An invoice will be sent to any owner of such property abutting said sidewalk, and, if it becomes necessary, the cost will be added to the tax bill of such owners.

For all maintenance concerns regarding street trees, including pruning, reference the City of Kingston Code, Chapter 373, Trees.

In the event that any owner, occupant and/or agent of any such land within the City shall fail to comply with the provisions of this section, the City may, at its discretion, contract for the removal of snow and ice. The cost for the City to remove any ice or snow which will obstruct the same or make it unsafe for pedestrians shall be the actual cost to the City of remedying such sidewalks, plus a sum equal to 5% of such actual cost for inspection and other additional costs in connection therewith. If it becomes necessary for the City to contract out for said removal of snow and ice, the cost shall be added to the tax bill of the abutting property owner for the removal of the snow and ice.

Cleaning of gutters. Each and every such owner, occupant and agent of any such land within the City shall keep the gutters in front of such respective land free from all accumulations of dirt and from all matter and substances which will obstruct the free flow of water through and along said gutters.