[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.]
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]
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.
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.
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.
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.
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.
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]
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;
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
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.
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.
Performance bond or cash assurance.
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.
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.
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.
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.
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;
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
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.
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.
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.
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]
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.
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 on which any violation of this section shall continue shall be considered a separate and distinct violation of this section.
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.
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.
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 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.