The words used in this chapter shall have the meanings commonly attributed to them.
[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 12-3-2025 by L.L. No. 3-2025.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch. 280, Streets and Sidewalks, adopted 9-3-1940 (Ch. 110, Art. I, of the 1988 Code). Prior history includes: 1-17-1984 by L.L. No. 4-1984; 10-20-1984 by L.L. No. 30-1984; 3-3-1999 by L.L. No. 2-1999; 2-15-2017 by L.L. No 1-2017; 11-1-2023 by L.L. No. 2-2023; 1-8-2025 by L.L. No. 1-2025; 3-5-2025 by L.L. No. 2-2025.
No person shall coast in the streets or upon the sidewalks with sleds, skis, toboggans, carts, boards or other contrivances.
A.
The hitching of sleds, toboggans, carts, bicycles and other contrivances to motor vehicles is hereby prohibited.
B.
No person shall operate an electric scooter, as defined by the New York State Vehicle and Traffic Law § 114-E, upon the sidewalks of the Village of Spencerport.
C.
No person shall operate a bicycle with electric assist, as defined by § 102-c of New York State Vehicle and Traffic Law, upon the sidewalks of the Village of Spencerport.
D.
Any member of the Ogden Police Department or any other enforcement officer who shall encounter any person operating an electric scooter, and/or bicycle with electric assist, in violation of this chapter shall remove said electric scooter, and/or bicycle with electric assist, to a place designated by the Chief of Police. The owner or duly designated agent of the owner of such electric scooter, and/or bicycle with electric assist, may regain the same upon satisfactory proof of ownership and payment of all expenses and charges necessarily and actually incurred by the removal and/or storage of said electric scooter, and/or bicycle with electric assist.
E.
Charges for the removal and/or storage of an electric scooter, and/or bicycle with electric assist, confiscated and impounded pursuant to this chapter shall include payment to the Village of Spencerport of a redemption fee of $500 if it is the first time such electric scooter, and/or bicycle with electric assist, has been impounded, or $2,000 if such electric scooter, and/or bicycle with electric assist, has been previously impounded or if the operator was previously operating an electric scooter, and/or bicycle with electric assist, which was impounded.
F.
If an electric scooter, and/or bicycle with electric assist, impounded pursuant to this chapter is not claimed within 30 days of being impounded, ownership shall vest in the Village, and the electric scooter and/or bicycle with electric assist may be sold for scrap.
G.
Proof of ownership. Acceptable proof of ownership for an electric scooter, and/or bicycle with electric assist, shall include:
(1)
Transferable registration from the Department of Motor Vehicles, if applicable.
(2)
A bill of sale or receipt from a certified seller or reseller that includes the applicable serial number.
(3)
If the electric scooter or bicycle with electric assist was bought from an individual, a notarized bill of sale or receipt from the previous owner, provided to the Chief of Police by the previous owner, which includes the electric scooter, and/or bicycle with electric assist, serial number as well as other details about the electric scooter, and/or bicycle with electric assist, including make and color, along with notarized documentation stating when, where, and how the previous owner obtained the electric scooter, and/or bicycle with electric assist,.
(4)
If the above acceptable documents are not available to show ownership, a "Statement of Ownership" form filed with the Department of Motor Vehicles prior to the confiscation of the electric scooter, and/or bicycle with electric assist, may be acceptable.
No person shall throw snowballs, play baseball, football or any other game or engage in any athletic activity upon the sidewalks or in the streets.
Intent. The Board of Trustees of the Village of Spencerport considers the existing sidewalk system to be an integral and important part of Village life. Sidewalks not only provide a safe way for citizens to move about the Village and conduct their business, but they also provide an opportunity for physical exercise. It is the intent of this section to provide for the maintenance of the existing public sidewalk system and to provide for possible future expansion of the public sidewalk system in the Village of Spencerport. In considering whether or not to expand the sidewalk system, the Board of Trustees will take into account the wishes of the citizens, the available resources and the need to maintain the existing system.
A.
Regulation by the Board of Trustees. No person shall construct or repair any sidewalk within the Village of Spencerport except under the direction and in the manner determined and prescribed by the Board of Trustees.
B.
Location and construction of sidewalks. The Board of Trustees shall, from time to time, determine and prescribe the location of sidewalks within the Village. The method of construction of said sidewalks shall be as set forth in the regulations for land development of the Village of Spencerport.[1]
C.
Construction by village. In the case of any land abutting on any dedicated street, alley, highway or public place in the Village of Spencerport which does not have a sidewalk on the effective date of the section, the Village Board of Trustees may cause such sidewalk to be constructed under its direction and in accordance with Village specifications, wholly at the expense of the adjoining landowner, or wholly at the expense of the Village of Spencerport, or partly at the expense of the adjoining landowner and partly at the expense of the Village of Spencerport.
D.
Repair and replacement by village. In case any sidewalk existing at the time this section becomes effective, or which comes into existence thereafter, which abuts on any dedicated street, alley, highway or public place in the Village of Spencerport shall be determined by the Village to be in need of repair, the Village Board of Trustees may cause such sidewalk to be repaired or replaced under its direction, with such repair or replacement to be in accordance with Village specifications, and the expense thereof shall be borne by the Village.
E.
New construction. In cases where new roads, streets or alleys are proposed, said roads, streets or alleys shall be constructed with adjoining sidewalks at the developer's expense. In cases where the sidewalks would not interconnect with other sidewalks, the Village Board may, in lieu of sidewalks, accept a sum of money equal to the cost of the construction of said sidewalks, which funds shall be used for the improvement of the sidewalk system in the Village.
F.
Snow removal. The Village may, as permitted by the availability of personnel and equipment, remove snow from public sidewalks. Nothing herein shall prohibit property owners and/or occupants from removing snow from public sidewalks adjacent to their property.
G.
Free passage. Obstructing the free passage of a public sidewalk in any manner or by any means is prohibited.
A.
Cloth awnings attached to a building may project over the sidewalk not exceeding 10 feet, provided that such awnings are supported by an iron framework securely attached to the building in such a manner as to be at all times safe and self-supporting, and provided that every part of such awning is at least seven feet six inches above the surface of the sidewalk.
B.
Wooden awnings must not hereafter be erected.
C.
Every owner or occupant of a building must at all times keep the awnings in front thereof free from snow, ice, dirt and other obstructions.
D.
Merchandise or articles of any kind must not be suspended from an awning over the sidewalk.
No person shall erect, suspend, or string, or cause to be erected, suspended or strung, any banner, pennant, streamer, sign, wire or rope over and across a street.
A.
No person shall paste, post, paint, print or nail upon any curb, gutter, flagstone, tree, lamppost, awning post, horse post, telephone or telegraph pole, barrel, box or hydrant in any street or public place any handbill, poster, notice, sign or advertisement.
B.
No person shall tear down, deface or destroy any notice or poster put up or posted by or under the direction of the Board of Trustees or by or under the direction of any other Village department or officer.
A.
All buildings shall be provided with proper leaders for conducting water from the roofs. In no case shall the water from leaders be allowed to flow upon the sidewalk, but it shall be conducted by a pipe or pipes to the storm sewer. If there is no storm sewer in the street, then the water from the leader shall be conducted by a proper pipe or pipes below the surface to a street gutter or to a cesspool.
B.
Surface, rain or refuse water from any lot, building or structure shall not be allowed to flow upon the sidewalk in a manner to be a discomfort to the public.
No person shall deface, injure, move, obstruct, interfere with or trespass upon property of the Village of Spencerport.
The Mayor of the Village of Spencerport, upon written application, shall issue the required permit to such persons as he shall deem fit and proper. Such permit shall be countersigned by the Clerk, who shall keep a record thereof and of the purpose thereof. Any applicant who shall have been refused such permit by the Mayor may apply to the Board of Trustees therefor at a meeting thereof, and such permit may be granted or refused by the Board of Trustees. The Mayor may suspend any such permit until the next meeting of the Board of Trustees, and said Board may revoke or continue said permit.
A.
Any person, firm or corporation violating or permitting the violation of any provision of § 280-2C or D shall be guilty of a violation and shall be subject to a fine of $250 for a first offense, $400 for a second offense, and $600 for third and subsequent offenses, or to imprisonment of not more than 15 days, or both such fine and imprisonment. In the case of a second, or subsequent, violation of said provision(s), the court may order confiscation, to the Village of Spencerport, of said electric scooter and/or bicycle with electric assist, in lieu of fine and/or imprisonment. Any electric scooter and/or bicycle with electric assist so confiscated shall be sold at public auction in accordance with the laws and procedures permitting auction of property by municipalities.
B.
Any person, firm or corporation who violates any other provisions of this chapter or who shall omit, neglect or refuse to do any act required by this chapter shall, for each and every such violation and noncompliance, respectively, forfeit and pay a fine of not more than $250 or by imprisonment for not more than 15 days, or both.