[HISTORY: Adopted by the Board of Trustees of the Village of Fort Edward 12-7-1998 by L.L. No. 1-1998 (Ch. 74, Art. I, of the 1985 Code). Amendments noted where applicable.]
No person other than an employee of the Village shall excavate any street without first obtaining permission from the Highway Superintendent. Any person given permission to excavate shall restore the street to the condition prior to the excavation to the satisfaction of the Highway Superintendent. The person given permission shall indemnify the Village against all damages or claims for damages, costs, suits, actions or judgements that may be brought against the Village by persons resulting from such excavation. The Village may require a certificate of insurance naming the Village as a loss payee with a liability limit of at least $1,000,000.
If an excavation made by any person is closed in such a manner as to leave the street in a condition, in the opinion of the Highway Superintendent, is not in the same condition prior to the excavation, the Highway Superintendent shall report such condition to the Board of Trustees, who may require the person to restore, within a reasonable time, that portion which is defective. Upon failure to restore said street, the Board of Trustees will direct the Highway Superintendent to perform such work, and the expense incurred will be paid by the person causing such defect.
Any person given permission to make an excavation in any street shall, between sunset and sunrise that the street remains open, keep the same fenced and lighted so as to properly warn all persons of such excavation.
Any person making an excavation within five feet of the line of any street shall erect and maintain a barrier at least four feet in height between said street and the excavation, and place lighted warnings at such excavation.
No person shall remove any barrier or guard erected for public safety.
No person shall erect or cause to be erected any building or fixture or place any encumbrance which shall project into or over the line of any public area without obtaining the permission of the Highway Superintendent.
No person shall obstruct or use any street, sidewalk or other public ground in any manner other than which was originally intended.
No person shall transport or cause to be transported in any vehicle any material which is not so constructed as to prevent the material from dropping or sifting upon any streets of the Village.
No street shall be accepted by the Village Board of Trustees until such street is deemed satisfactory by the Highway Superintendent.
The Village shall not place or caused to be placed any pipes in any street that have not been accepted by the Village.
No person shall construct or cause to be constructed any sign or structure upon or over any street or sidewalk in the Village, nor shall any sign or structure now in existence be allowed without the consent of the Code Enforcement Official through an application to be provided by the Code Enforcement Official.
The owner of every lot of land situated in the Village shall keep the sidewalks adjoining said property clear of ice and snow and have snow and ice removed from the sidewalk within five hours after each snowstorm or ice storm. Every storm which ceases during the night shall be considered ceasing at 7:00 a.m.
The owner of every lot of land situated in the Village shall keep the sidewalk in a condition so as not to become dangerous to the welfare and safety of the traveling public. The Highway Superintendent is empowered by the Village Board to advise them of any sidewalks in disrepair. A notice will be sent to the owner to correct the situation within 30 days of receipt of notice. In the event of nonremoval of snow or ice, it will be at the discretion of the Highway Superintendent to have the sidewalk cleared by the Village without notification to the owner and the costs be paid by the owner of said property.
The Village will reimburse the owner of any property who places or replaces their sidewalk used by the traveling public to the satisfaction of the Highway Superintendent at the rate of $1.50 per square foot.
No person shall permit any animal, vehicle or other objects to obstruct the free use of any sidewalk or crosswalk in the Village and no person shall obstruct the sidewalks with boxes, barrels, crates, goods, wares, merchandise or any other materials without obtaining permission from the Village Board.
No person shall erect, hang or maintain any awning over any sidewalk unless the same and its fixtures and flaps are at least seven feet above the surface of such sidewalk, nor shall such awning extend more than seven feet from the building to which it is attached, and no person shall suspend or place any wares, goods or merchandise in front of any store, shop or other building so as to obstruct the free passage of any sidewalk more than 30 inches from the front of any store, shop or other building.
No person shall dig into or across any sidewalk until permission is received by the Highway Superintendent and the sidewalk shall be put back in as good as the condition prior to the digging.
No civil action shall be maintained against the Village for damages or injuries to persons or property sustained in consequence of any street, manhole cover, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, manhole cover, highway, bridge or culvert unless written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice relating to the particular place was given to the Village Clerk in writing and there was a failure or neglect by the Village within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of or to cause the snow or ice to be removed or the place otherwise made reasonably safe.
The Village Clerk shall keep a record and index all notices given to the Village pursuant to § 278-14A.
In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of § 278-10 requiring maintenance or snow removal, the owner and the occupant shall be liable to all persons injured, or whose property is damaged directly or indirectly thereby, and shall be liable to the Village of Fort Edward to the extent that said Village is required by law or by any court to respond in damages to any injured party.
Any violation of any of the provisions of this chapter shall subject the offending party, upon conviction, to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both.