Village of Ellenville, NY Article I General Provisions

§ 196-1 Placing obstructions and refuse in streets and sidewalks.

A. No person shall cast, throw, put upon or cause, suffer or permit to be cast, thrown or put upon any street, sidewalk or public place or into any drain, ditch, sewer or gutter in the Village any straw, wood, shavings, paper, rubbish or any filth or any other substance tending to cause any obstruction, nuisance or injury to the same or to the public health; nor place upon nor consent to aid or abet the placing upon the sidewalk of any boxes, goods, wares or merchandise, except for the purpose of loading or unloading the same, which must be done without unreasonable delay.

B. No person shall have, place or allow, permit, aid or abet the having or placing of any wagon, cart, truck, automobile or other vehicle, not in actual use at the time, in any of the streets or public places of the Village; nor place or deposit or allow, permit, aid or abet the placing or depositing of any ashes, paper or rubbish of any kind therein; nor have, place, lead, ride, drive or back any horse or other animal or any wagon, cart, truck, automobile or other vehicle on any sidewalk of the Village, nor consent thereto, except for the purpose of ingress or egress to and from the premises adjoining such sidewalks.

§ 196-2 Awnings.

No person shall erect or hang or permit or allow to be erected or hung upon any building owned or occupied by him any awning, any part of which shall project in, over or upon any of the streets or public places in the Village, unless such awning shall be at least 7 1/2 feet above the sidewalk upon such street or public place.

§ 196-3 Removal of snow and ice, dirt and weeds.

A. Every owner or occupant of any house or other building, every owner or person entitled to possession of any vacant lot and every person having charge of any church or other public building in the Village shall, during the winter months and during the time the snow shall continue on the ground, keep the sidewalks, walkways and pathways in front of such house, building or lot free from obstruction by snow or ice, and shall also at all times keep such sidewalks, walkways and pathways in good and safe repair and clean, and free from dirt and weeds or other obstruction or encumbrance.

B. Upon the failure of any owner or occupant to comply with § 196-3A, the Village reserves the right to cause such compliance and to add the expense thereof to the tax roll of the owner or occupant or to bill such owner or occupant.

C. Any person neglecting to comply with this section shall be liable for and forfeit and pay a penalty not to exceed $100 for each such neglect or refusal. For purposes of this section, each day upon which such neglect or refusal shall occur shall be deemed a separate violation.

[Amended 10-15-1979; 2-27-1989 by L.L. No. 1-1989]

§ 196-4 Damaging village property; obstructing hydrants.

No person shall damage, mutilate or destroy any fire hydrant, street sign, electric light globe, electric light bulb, streetlighting post or any other property owned by the Village or throw or pile any sand or ice around or directly in front of any hydrant.

§ 196-5 Trimming shade trees.

A. It shall be the duty of every owner of real property in the Village to keep the shade trees in front of his premises trimmed so that overhanging limbs will not interfere with passersby on the sidewalks or roadway. All overhanging limbs shall be at least nine feet above the center of the sidewalk, and 15 feet above the center of the roadway. All dead and dangerous trees or limbs must be removed. It shall be the duty of the Village Clerk to see that the provisions of this section are maintained and enforced and to serve notice, in writing, on any owner of real property who fails to comply with the provisions of this section or, if such owner of real property cannot be found, service may be made on the occupant of the premises. The notice shall contain a direction that the trees shall be trimmed or removed to meet the requirements of this section within 10 days after the service of such notice.

B. Upon the failure of any owner to comply with § 196-5A, the Village reserves the right to cause such compliance and to add the expense thereof to the tax roll of the owner or to bill such owner.

C. If the property owner provides a certified survey clearly showing that such trees are located outside the property boundary, the above § 196-5A and B shall not apply.

[Added 8-22-2011 by L.L. No. 2-2011]

§ 196-6 Damaging shade trees.

No person shall in anyway damage or destroy any shade tree planted along the streets or sidewalks of the Village.

§ 196-7 Removal of earth and stones from public places.

It shall be unlawful for any person to dig, remove, carry away or cause to be dug, removed or carried away any stone, earth, sand or gravel from any public street or sidewalk or public place in the Village without a permit from the Village.

§ 196-8 Penalties for offenses.

[Added 10-15-1972; amended 6-1-1987 by L.L. No. 2-1987; 10-16-2000 by L.L. No. 5-2000]

Every person convicted of a violation of any of the provisions of this chapter shall, for the first conviction thereof, be punished by a fine of not less than $100 and not more than $1,000; for a second or subsequent conviction within 12 months after any previous conviction such person shall be punished by a fine of not less than $200 and not more than $2,000 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day of continued violation shall constitute a separate additional violation.