It shall be unlawful for any person or corporation or business entity to permit the erection or construction of a structurally rigid, fixed-position awning or sunshade or any type of canopy or marquee or other ornamental, roof-like covering over any public sidewalk or drive or over any private sidewalk or drive leading to a public way in the village where the same is visible from any public street. Nevertheless, it shall be permitted to erect or construct a permanently fixed roll-type fabric awning situated over any sidewalk or drive in the village, provided that a permit therefor is obtained from the Village Clerk. The fee for such permit shall be as set forth from time to time by resolution of the Board of Trustees. No permit shall be issued pursuant to this section for any awning or sunshade which does not conform to the following requirements.
A. 
All such awnings or sunshades shall be at all times at least 7 1/2 feet above the sidewalk or drive.
B. 
The color and texture of any such roll-type awning must first be approved by the Architectural Review Board of the Village of Pittsford, New York.
A. 
Criminal penalty. Any person who violates any provision of this article shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
B. 
Civil penalties; construal.
(1) 
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this article.
(2) 
Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this article nor a judgment in or the pendency of a civil action of law or in equity shall be a bar to the other form of proceeding.
(3) 
The imposition of a penalty for a violation of this article shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.