[[1]HISTORY: Adopted by the Common Council of the City of Kingston 7-11-2017 by L.L. No. 7-2017, approved 7-28-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Excavation hazards — See Ch. 211.
Fees — See Ch. 217.
Fire lanes — See Ch. 229.
Sidewalk cafes — See Ch. 346.
Streets and sidewalks — See Ch. 355.
Street trees — See Ch. 374.
[1]
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 II, of the 1984 Code, was repealed 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
An individual, partnership, corporation, association, joint-stock
company, trust, any unincorporated organization or a government or
political subdivision thereof.
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.
Includes, but is not limited to, roads, gutters, driveways
which lead into roads, and curbs and sidewalks adjacent to roads.
A.
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.)
B.
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.
C.
"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.
D.
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.
A.
Sidewalks within the City of Kingston are to be constructed of one
of two material types: concrete and bluestone.
B.
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.
(1)
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.
(5)
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.
C.
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.
D.
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.
(1)
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.
(2)
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.
E.
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.
See § 358-10, Maintenance, for parties responsible for construction, repair, and re-laying of sidewalks.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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:
(1)
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.
(a)
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.
(b)
All horizontal jointing is to be a maximum of 1/4 inch in width.
(c)
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.
(d)
The cross-slope on the pedestrian access route within a walkway
shall not exceed 2%, even after application of construction tolerances.
(2)
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.
C.
Bluestone specifications.
(1)
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.
(2)
An existing bluestone sidewalk slab shall be considered to be in
satisfactory condition if it:
(a)
Is free from structural defect (displaced cracks, delamination).
(b)
Has surface imperfections that are no more than 1/4 inch vertical.
(c)
Has a vertical alignment of no more than 1/4 inch difference
at joint or adjoining slab.
(d)
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).
(3)
Repair and/or replacement.
(a)
Repair.
[1]
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.
[2]
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.
(b)
Replacement.
[1]
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.
[2]
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.
(c)
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:
[1]
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).
[2]
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.
(d)
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.
(4)
New bluestone slab specifications.
(a)
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.
[1]
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.
[2]
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.
(5)
Reuse of existing or recycled bluestone slabs.
(a)
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.
[1]
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.
[2]
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.
(a)
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.
[1]
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.
(a)
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.
(b)
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.)
(a)
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.
(b)
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.
(c)
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.
(d)
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.
D.
Concrete specifications.
(1)
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:
(a)
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.
(b)
Expansion joints.
[1]
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.
[2]
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.
(c)
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.
(d)
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.
(2)
The grade and location of any sidewalk shall be determined by the
Superintendent of Public Works in concurrence with the Planning Department
goals.
(3)
The water used during the construction shall be free from oil, alkali,
acid or vegetable matter.
(4)
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.
(5)
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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]
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
CITY PROPERTY
SANDWICH SIGN
SIDEWALKS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any real property in title of the City of Kingston or State
of New York, including, but not limited to, roadways, sidewalks and
medians.
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.
The distance from the property line of any premises to the
curbline.
B.
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.
C.
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.
D.
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.
E.
Awnings.
(1)
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.
F.
Signs, placards and other devices, including temporary structures.
(1)
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.
(2)
Size, location and maintenance.
(a)
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.
(b)
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.
(c)
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
B.
Cleaning of sidewalks.
(1)
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.
(2)
For all maintenance concerns regarding street trees, including pruning, reference the City of Kingston Code, Chapter 373, Trees.
(3)
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.
(4)
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.
(5)
Any property owner who fails to remove snow and/or ice from sidewalks
adjoining his/her property within 12 hours after a snowfall and any
person who throws, shovels, plows or places snow or ice onto a public
street, highway or right-of-way shall be guilty of a violation and
subject to a fine of up to $70 per incident.
Unless otherwise specifically provided, any person who violates
any provision of this chapter shall be guilty of:
A.
A traffic infraction, if such provision, law, rule, regulation or
order is one which regulates traffic as specified in § 155
of the Vehicle and Traffic Law. A traffic infraction shall be punishable
as provided in Subdivision (b) of § 1800 of the New York
State Vehicle and Traffic Law; or
B.
A violation for any other offense. A violation shall be punishable
by a penalty of not more than $100 for a first offense and $250 for
each subsequent offense;
C.
Any violation of the terms hereof shall constitute a Class B misdemeanor
and shall be punishable as such in accordance with the Penal Law of
the State of New York.
