[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bellerose: Art. I, 11-27-1978 by L.L. No. 3-1978; Art. II, 7-22-1963 by resolution.
Amendments noted where applicable.]
GENERAL REFERENCES
Curbing of dogs — See Ch. 88.
Trimming of hedges and bushes — See Ch. 124.
Littering — See Ch. 135.
Nuisances — See Ch. 147.
Parades — See Ch. 153.
Poles and wires — See Ch. 162.
Excavations for sewer connections — See Ch. 176.
Signs projecting over sidewalks — See Ch. 179.
Traffic regulations — See Ch. 204.
[Adopted 11-27-1978 by L.L. No. 3-1978[1]]
A.
No person or persons shall ride, drive or otherwise
propel any wagon, horse, cart, automobile, bicycle, motorcycle or
other vehicle or conveyance upon or over any sidewalk or other place
reserved for the use of pedestrians within the Incorporated Village
of Bellerose at any time. No person or persons shall park or permit
to be parked any such wagon, horse, cart, automobile, bicycle, motorcycle
or other vehicle or conveyance upon or over any sidewalk or other
place reserved for the use of pedestrians within the Incorporated
Village of Bellerose at any time.
B.
Any violation of the provisions of this section shall
be deemed to be disorderly conduct, and any person or persons violating
the provisions hereof shall be liable to arrest and prosecution therefor
and, upon conviction, shall be liable to a fine of not less than $10
nor more than $25 for each said offense or to imprisonment for a period
of not to exceed 15 days, or to both; except that nothing herein contained
shall be construed to prohibit driving or riding any vehicle or other
conveyance across the sidewalk at a place set apart as an entrance
to or exit from any private dwelling or private or public property
and except that the riding of bicycles with reasonable care by children
under 15 years of age upon the sidewalks or other places reserved
for the use of pedestrians, between the hours of 6:00 a.m. and 8:00
p.m., shall not be deemed to be a violation hereof.
No person or persons, firm or corporation shall
wash or cause to be washed, clean or cause to be cleaned or beat or
cause to be beaten any automobiles, rugs, curtains, furniture, tapestry,
clothing or other like articles upon any public street, highway or
public place within the Incorporated Village of Bellerose, under a
penalty of a fine of not less than $10 nor more than $25 for each
offense. A violation of this section shall constitute disorderly conduct,
and the person so violating shall be a disorderly person and be prosecuted
as and declared to be a disorderly person.
A.
No person or persons, firm or corporation shall place
or deposit or consent to aid or abet the placing or depositing of
any paper or rubbish of any kind or place upon or consent to aid or
abet the placing upon the sidewalk of any boxes, books, wares or merchandise,
except for the purpose of loading or unloading the same which must
be done without unreasonable delay. No person shall be permitted to
place, or consent to or aid or abet the placing of, upon the sidewalk
or upon the street or immediately in front of or abutting upon their
own property or upon adjoining property, any such rubbish, paper or
boxes, except for the purpose of loading or unloading the same which
must be done without unreasonable delay.
B.
Any violation of the provisions of this section shall
render each offender liable to a fine of not less than $10 nor more
than $25 for each offense, and, in addition to the amount of the fine
imposed, the offender or offenders shall be fined the costs entailed
upon the village for the removal of such accumulated matter or substance
as hereinbefore described or shall be prosecuted as and declared to
be a disorderly person.
A.
No person or persons, firm or corporation shall place,
consent to or cause to be placed, keep or suffer to be kept any stone,
timber, lumber or other materials for construction or any box, barrel,
ashes or any article or articles, substance or substances whatsoever
upon any of the sidewalks, streets, highways or public places within
the Incorporated Village of Bellerose so as to obstruct or impede
in any manner the free and clear access thereto or passage thereover
in a free and unhampered manner at all times; unless such person or
persons, firm or corporation shall first obtain from the Board of
Trustees a permit therefor signed by the Mayor of the village and
countersigned by the Clerk, limiting the area and location of such
obstruction, which permit shall not be granted unless the person or
persons, firm or corporation desiring the shall deposit with the Clerk
a sum of not less than $300 to guarantee the removal of such obstruction
and the restoring of the sidewalks, street, highway or public place
to the same condition substantially as before such obstruction was
placed thereon.
B.
Any violation of the provisions of this section shall
render each offender liable to a fine of not less than $10 nor more
than $50 or to be prosecuted as and declared to be a disorderly person,
or to both, for each offense. Each day that such violation shall continue
shall be considered a separate and distinct violation of this section.
[Amended 4-1-2019 by L.L. No. 2-2019]
A.
Permits.
(1)
Every application for a permit hereunder shall be accompanied by a cash deposit of $1,500 to cover the cost of restoring or repaving such street, highway or public place, which deposit shall also protect against related damages to Village sidewalks, street malls, paintings, brickwork, curbs, driveway aprons and trees, except as may be provided for under Subsection C(1) herein. In addition thereto, every such application shall be accompanied by a fee as set under Subsection D hereof;
(2)
Permits shall be valid for six months, subject to a six-month extension
upon payment of a new permit fee at 1 1/2 times the permit cost;
and
(3)
If work is commenced without a permit, the cost of obtaining said
permit shall be three times the permit fee, except in an emergency
as determined by the Building Inspector or the Village Engineer.
B.
Any violation of the provisions of this section shall
render each offender liable to a fine of not less than $500 nor more
than $2,500 or to be prosecuted as and declared to be a disorderly
person, or to both, for each offense. Each day on which such violation
shall continue shall constitute and be considered as a separate and
distinct violation of the provisions of this section.
C.
Performance
bond or cash assurance.
(1)
In the case of substantial road disturbance, trenching or extensive
road work upon an entire Village block, the Building Inspector or
the Village Engineer shall require a suitable cash or performance
bond, covering the repair and restoration to roads, paved areas, drainage,
outdoor lighting, curbing, sidewalks, brickwork, landscaping, tree
damage, sprinklers and screening, including plantings that affect
public property. Work shall not commence until such guaranty is filed
and approved. The guaranty of the improvements shall be for 150% of
the cost of such improvements and disturbance of Village property.
Return of the cash or performance bond shall be conditioned on the
permittee completing the work as set forth in the permit application
in a manner satisfactory to the Village Engineer or Village Building
Inspector, and upon the proper functioning of the repair or restoration
for a period of 18 months from their completion.
(2)
In case of default, the guaranty shall be forfeited. The Village,
in its sole discretion, shall use the amount to complete any incomplete
or defective portion of the said work, to make sure repairs are undertaken
as are necessary to assure the proper functioning of the improvements,
or to restore the site in whole or in part. If any amount of money
remains after the Village has completed the work, any excess funds
will be returned to the surety or the person placing the required
guaranty. The forfeit of the Bond or guaranty shall not hinder the
Village from enforcing any breach seeking damages at law or equity.
The installation of all improvements shall be under the direct supervision
of a New York State registered or licensed professional.
D.
Permit fee. The Board of Trustees shall establish street, road, sidewalk,
parking lot or mall opening fees from time to time by duly adopted
resolution.
E.
Restoration or replacement of surface after opening. The failure to comply with any of the requirements of this section shall be a violation hereof, subject to penalties as provided in Subsection B hereof and in BVC § 184-6B, as well as the full costs to correct defective or incomplete work or materials including engineering fees, labor, materials and other related expenses necessary to correct and restore such openings, excavations and surface area.
F.
Protected street.
(1)
A protected street is a street that has been resurfaced or reconstructed
within five years prior to the date of application for a permit. No
street opening activity shall be allowed, except for emergency work
or as authorized by the Building Inspector or Village Engineer, in
a protected street for a period of five years from the completion
of the street improvement;
(2)
Permit issuance. No permit to use or open any street, except for
emergency work, shall be issued to any person within the five-year
period after the completion of the construction of a capital project
relating to such street requiring resurfacing or reconstruction, unless
such person demonstrates that the need for such work could not have
reasonably been anticipated prior to or during such construction.
Notwithstanding the foregoing provision, the Building Inspector or
Village Engineer may issue a permit within such five-year period upon
a finding of necessity therefore; and
(3)
If a significant portion of an entire street is trenched or disturbed
so as to materially limit the useful life of a recently repaired or
reconstructed street, then such permittee shall resurface the entire
street at the permittee's cost.
G.
Construction specifications. The permittee conducting the excavation,
alteration or disturbance shall backfill or cause to be backfilled
the excavation, alteration or disturbance and shall place thereon
such temporary pavement as shall be approved by the Village Engineer
or Building Inspector, which pavement shall be maintained by the permittee
until such time that said official shall determine that proper settlement
has taken place to allow the laying of a permanent pavement; such
time, however, not to exceed six months. The Village shall be notified
of all stages of the work for purposes of inspection. As a minimum,
compliance with the Nassau County Rules and Regulations Pertaining
to Permits for Work on and within County Roads shall be acceptable
for the performance of said work. The excavation, alteration or disturbance
shall be deemed complete when all affected streets, highways, sidewalks,
curbs, driveway aprons, gutters, malls, catch basins, landscaping
or other works within a street, highway or other public place have
been restored, repaved or reconstructed to the satisfaction of the
Village Engineer or Building Inspector, and s/he shall so certify,
in writing, to the Village Clerk.
A.
In any case where within the provisions of any section
of the Code of the Incorporated Village of Bellerose a permit is given
for the purpose of excavating or opening of any of the streets, highways
or public places of the village or for the depositing and maintaining
thereon of any obstruction or encumbrance, it shall be the duty of
the licensee in every such case to properly guard any such excavation,
opening, encumbrance or obstruction at all times and to keep upon
the outside border of any such excavation, opening, encumbrance or
obstruction a fence or rail, upon which fence or rail there shall
be hung a sufficient number of red lanterns or lights so as to properly
designate the outside limits of the said excavation, opening, encumbrance
or obstruction, which lanterns or lights shall be lighted at least
1/2 hour before sundown on each and every day and shall remain lighted
until at least one hour after sunrise the following morning.
B.
Any violation of the provisions of this section shall
render the offender liable to a fine of not less than $500 nor more
than $2,500 for each and every offense and, in addition thereto, in
case of any accident causing injury to persons or property falling
into or colliding with any such excavation or encumbrance, the failure
to observe the provisions of this section shall be presumptive evidence
of negligence upon the part of any licensee hereunder. Each day on
which such condition shall continue shall be considered a separate
and distinct violation of this section.
[Amended 4-1-2019 by L.L. No. 2-2019]
A.
No person shall construct or maintain any driveway,
passageway or walk, from or to any public street or highway within
the village, of concrete, brick, stone or other material so as to
block or in any way obstruct the gutter of such street or highway
or so that any part thereof shall extend nearer to the center line
of such street or highway than one foot from the line of the curb
of such street or highway or so that the surface of such driveway,
passageway or walk shall be above or below that of the sidewalk across
which such driveway, passageway or walk is constructed or maintained
where such crossing is made, unless the surface of the sidewalk is
raised or lowered to the level of such driveway, passageway or walk
where such crossing is made in accordance with the specifications
and drawings hereinafter referred to. All such driveways, passageways
or walks hereafter constructed shall be constructed in accordance
with and pursuant to specifications and drawings approved by the Incorporated
Village of Bellerose and filed with the Village Clerk.
B.
No driveway
of any material shall be constructed and no portion of a premises
may be used as a driveway unless such driveway leads from an approved
driveway apron, has a width no greater than 30% of the property's
frontage at any point and does not terminate at any point in front
of the portion of the residential structure used and approved as a
dwelling.
[Added 7-26-2021 by L.L. No. 4-2021]
C.
Any violation of the provisions of this section shall
render each offender liable to a fine of not less than $500 nor more
than $2,500 or to be prosecuted as and declared to be a disorderly
person, or to both, for each offense. Each day on which any violation
of this section shall continue shall be considered a separate and
distinct violation of this section.
[Amended 7-26-2021 by L.L. No. 4-2021]
A.
All persons owning or occupying any house or other
building or owning or entitled to possession of any vacant lot in
the Incorporated Village of Bellerose shall, within 24 hours after
snow has fallen to the ground or ice has formed, remove any accumulated
snow or ice from the sidewalk or sidewalks in front of or adjoining
any such house, building or lot.
B.
In addition to any penalty otherwise provided, any person violating the provisions of Subsection A, or any part thereof, shall forfeit and pay a penalty not exceeding $50 for each offense. Any violation of Subsection A, or any part thereof, shall constitute disorderly conduct, and any person violating the same shall be and hereby is declared a disorderly person.
C.
The Village Clerk may serve or cause to be served either personally or by mail a notice to remove snow or ice or other obstructions from the sidewalk or sidewalks in front of or adjoining any house, building or lot in the village. Such notice shall be in writing and shall be served upon the occupant of the property either personally or by mailing a copy thereof to the occupant. If it appears from the last assessment roll of the village that the occupant is not the owner of the property or if the property is vacant, then, in either case, a copy of said notice shall be mailed to the owner as appearing on the last assessment roll of the village at his last known address or served upon such owner personally. If such snow, ice or other encumbrance is not removed within six hours of the service of such notice if served personally or within 36 hours of the mailing of such notice if served by mail, the village may cause such sidewalk or sidewalks to be cleared and may charge the expense thereof to the adjoining land. In the event that such expense is not paid by the owner or occupant within 10 days after the delivery or mailing to the owner of a statement of the amount of such expense, the Board of Trustees may assess the expense of such removal upon the adjoining land. Said assessment of the expense of such removal shall be in addition to any penalties prescribed in Subsection B.
[Adopted 7-22-1963 by resolution]
The owners and/or occupants of property situated
within the Apartment and Business District as established by the Building
Zone Ordinance (Ordinance No. 41) of the Incorporated Village of Bellerose[1] shall, at their own cost and expense, construct, reconstruct
and repair sidewalks and curbs on and along all streets upon which
their premises abut. Such sidewalks and curbs shall be constructed
or repaired in a manner and in accordance with specifications approved
by the Commissioner of Public Works of the village and shall at all
times be maintained by such owners or occupants in good order and
repair and in a safe and sanitary condition.
If any such sidewalk or curb is required to
be constructed, reconstructed or repaired, a notice in writing specifying
the place and manner of such construction, reconstruction or repair
and the time, not less than 10 days in case of a new sidewalk or curb
or not less than 24 hours in case of repairs, within which the sidewalk
or curb is required to be constructed, reconstructed or repaired shall
be served upon such owner or occupant personally or by registered
mail or posted in a conspicuous place upon the premises. If an owner
or occupant shall not construct, reconstruct or repair the sidewalk
or curb as required by the notice, the Board of Trustees may cause
the same to be so constructed, reconstructed or repaired and may assess
the expense thereof upon the adjoining land. Assessments shall be
made and collected and taxes levied as provided in the Village Law
of the State of New York.
