[HISTORY: Adopted by the Board of Trustees
of the Village of West Haverstraw 3-3-1971 as Ch. 17 of the 1971 Code. Amendments
noted where applicable.]
[Amended 3-18-1998 by L.L. No. 2-1998[1]]
A.
Every owner, lessee, tenant, occupant or other person
having charge of any building or lot of ground in the Village abutting
upon any street or public place where the sidewalk is paved shall,
within four hours after the snow ceases to fall or after deposit of
any dirt or other material upon the sidewalk, remove the snow or ice,
dirt or other material from the sidewalk and gutter, the time between
9:00 p.m. and 7:00 a.m. not being included in the above period of
four hours; provided, however, that after the snow in any public street
in the Village is removed or caused to be removed by the Village authorities,
it shall be unlawful for any person to deposit snow or ice upon public
streets.
B.
In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid may within the time specified in the Subsection A, cause the sidewalk abutting on the premises to be strewn with suitable traction material and shall, as soon thereafter as the weather shall permit, thoroughly clean such sidewalks.
[1]
Editor's Note: This local law also repealed
original Sec. 17-1, Riding, driving or leading animals, etc., on sidewalks,
and Sec. 17-2, Riding, operating or pushing vehicles on sidewalks,
both of which immediately preceded this section.
[Amended 3-18-1998 by L.L. No. 2-1998; 7-20-2016 by L.L. No. 4-2016; 1-20-2021 by L.L. No. 1-2021]
The Village shall be responsible for the maintenance, repair
and/or removal of sidewalks and curbs located on Village property
or within any Village right-of-way along a public street. Except where
expressly authorized by resolution of the Village Board, no person,
including any adjacent property owner, shall construct, repair, replace
or remove an existing sidewalk or curb of concrete, stone, asphalt
or similar material in or on any Village property or public right-of-way.
The Village Board shall determine, in its sole discretion, whether
and when to construct, repair, replace or remove any such sidewalk
or curb.
It shall be unlawful for any person to obstruct
any public highway, sidewalk or public place in the Village without
a permit with a time limit fixed therein in each case from the Village
Clerk and in compliance with such regulations affecting the same as
he may prescribe.[1]
[1]
Editor's Note: Original Sec. 17-8, Railroad
trains obstructing crossings, and Sec. 17-9, Unlawful deposits in
highways or public places, etc., both of which immediately followed
this section, were repealed 3-18-1998 by L.L. No. 2-1998.
[Amended 3-18-1998 by L.L. No. 2-1998]
It shall be unlawful for any person without
written permission of the Board of Trustees to remove or carry away
or cause to be carried away any stone, soil, sand, gravel, shade or
ornamental tree, shrub or plant from any highway or public place in
the Village.[1]
[1]
Editor's Note: Original Sec. 17-11, Nuisances,
which immediately followed this section, was repealed 3-18-1998 by
L.L. No. 2-1998.
It shall be unlawful for any person to string
or suspend across any street, square or public place within the Village,
any banner, sign or other device, or any ropes, guy lines or attachments
thereto, without first having obtained permission from the Board of
Trustees of the Village.
It shall be unlawful for any owner or occupant
of property abutting on a public street, grounds or place in the Village,
or immediately adjacent thereto, to place or cause to be placed any
barbed wire, electrical fence or similar device, on any fence, house,
post or tree along the boundaries of any such street, grounds or place
or immediately adjacent thereto; or, if said property is on a corner,
to erect any fence or device of the size to obstruct the view of traffic
around said corner.[1]
[1]
Editor's Note: Original Sec. 17-14, Playing
ball, etc., on streets or sidewalks, which immediately followed this
section, was repealed 3-18-1998 by L.L. No. 2-1998.
The use of slingshots and the throwing of stones,
balls, snowballs or balls of ice and snow in any street, sidewalk
or alley within the Village limits is hereby prohibited.
[Amended 3-18-1998 by L.L. No. 2-1998]
It shall be unlawful for any person, without
the authority of the Village Board of Trustees expressed by resolution
to erect or cause to be erected any telephone, telegraph or electric
light or electric transmission pole or to change the location thereof
or to string any wires in, over or upon any street, highway or public
place in the Village or construct any conduit therein.
[Amended 3-18-1998 by L.L. No. 2-1998]
A.
All culverts hereafter constructed along or near to
the line of the gutter of any public highway under and across any
private entrance to any highway or public place in the Village shall
have at least an interior dimension of 18 inches, to be laid on the
line of the highway gutter.
B.
No existing culvert under any private entrance shall
be substantially altered or repaired except to reconstruct the same
in accordance with the provisions of this section; and, in case any
such existing culvert shall become broken or damaged or unable to
carry off properly the water flowing thereto, the owner or occupant
of the premises for which such private entrance is provided shall,
upon demand of the Village Superintendent of Public Works, forthwith
reconstruct the same in accordance with the provisions of this section.
C.
No such culvert shall be constructed nor shall any
culvert, basin or other structure interfering or tending to interfere
with the free and open operation of any highway gutter be constructed
without the approval of the Village Engineer, and all such work shall
be performed and completed under the directions of and to the satisfaction
of the Village Engineer.
A.
No civil
action shall be maintained against the Village of West Haverstraw
or any of its officers or employees for damages or injuries to person
or property sustained by reason of any highway, sidewalk, bridge or
culvert being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed
condition of such highway, sidewalk, bridge or culvert was actually
given to the Village Clerk or to the Village Commissioner of Public
Works and there was a failure or neglect within a reasonable time
after the giving of such notice to repair or remove the defect, danger
or obstruction complained of; and no such action shall be maintained
for damages or injuries to person or property sustained solely in
consequence of the existence of snow or ice upon any highway, sidewalk,
bridge or culvert unless written notice thereof, specifying the particular
place, was actually given to the Village Clerk or to the Village Commissioner
of Public Works and there was a failure or neglect to cause such snow
or ice to be removed or to make the place otherwise reasonably safe
within a reasonable time after the receipt of such notice.
B.
The notice
shall be given by delivering a copy thereof personally or by registered
or certified mail to the Village Clerk or to the Village Commissioner
of Public Works. The Commissioner of the Department of Public Works
shall transmit, in writing, to the Village Clerk, within 10 days after
the receipt thereof, all written notices received by him pursuant
to this section. The Village Clerk shall cause all written notices
received by him or her pursuant to this section and § 4-402(g)
of the Village Law to be presented to the Village Board within 10
days of the receipt thereof or at the next succeeding Village Board
meeting, whichever shall be sooner.
