No person shall post, affix, maintain, suffer or permit to be
posted, affixed or maintained any bill, notice, sign, advertisement
or other matter or thing to or upon any tree, fence, pole or other
structure on or within the limits or along any street, park, highway
or public place in the Town.
No person shall erect, place or maintain any stand, box, barrel
or other obstruction upon any sidewalk or public right-of-way in the
Town except as hereinafter defined:
A. Merchandise may be displayed in front of business places but not
beyond 2 1/2 feet from the building line.
B. The public right-of-way in the Town Center District (as regulated by Chapter
300, Zoning, Part
5) may be used only as long as said use does not interfere with the public movement and a permit is obtained as follows:
(1) Application for permit. Any person desiring to procure a permit for
use of the public right-of-way in the Town Center District of the
Town shall file with the Town Clerk a written application providing
the following information:
(a)
The name, address, and age of the applicant.
(b)
The name and address of the person, firm or corporation he represents.
(c)
Address and plot plan of the location for which the application
is being filed.
(d)
Statement of intended use of public right-of-way.
(e)
General liability insurance in the amount of $500,000, with
the Town of Lyons named as additional insured.
(2) Review and issuance of permit.
(a)
Upon the filing of the application and certificate of insurance,
the Town Clerk shall refer the request to the Highway Superintendent
and the Code Enforcement Officer for investigation and recommendation.
[1]
Use of the public right-of-way shall not interfere with public
movement.
[2]
The public safety, health and general welfare shall be protected
at all times.
(b)
Subject to unanimous approval of the application for use of
a Town public right-of-way by both the Highway Superintendent and
the Code Enforcement Officer, the Town Clerk shall issue a permit
for use of the public right-of-way.
(c)
Permit fees shall be as set from time to time by the Town Board
by resolution.
(d)
Restrictions.
[1]
Any permit shall be revocable "at will" by the Town of Lyons.
[2]
No permit shall be for more than a four-month period; and permits
shall be renewable only upon resubmission of an application for a
permit.
No person shall place, park or leave standing any vehicle, trailer
or boat on any street in the Town between the curb and the sidewalk
except under the following conditions:
A. Adequate parking and standing space is neither available nor attainable
within the property lines of the parcel adjoining the sidewalk.
B. Adequate distance shall be available between the curb and sidewalk
to allow parking at right angles to curb and sidewalk, with no intrusion
nor obstruction to clear passage on either the highway or sidewalk.
C. Space between curb and sidewalk, used for parking or standing, shall
be installed and maintained by the owner of the parcel adjoining the
sidewalk, and the surface of the parking area shall consist of either
concrete or bituminous material installed by and in accordance with
accepted construction standards.
D. Prior to the construction of a driveway or parking area between the
curb and sidewalk, utilities shall be located by the utilities having
jurisdiction. If, as a result of this inspection, a particular utility
must be moved, the subsequent expense shall be the responsibility
of the owner of the property adjacent to the sidewalk.
E. The above conditions shall be allowed only by special permission
of the Town Board of the Town of Lyons, New York, and shall pertain
to all existing and future parking spaces between the curb and the
sidewalk.