Town of Irondequoit, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Irondequoit as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Public Works — See Ch. 56.
Vehicles and traffic — See Ch. 222.
Trees — See Ch. 214.
[Adopted 1-20-1977 as Ch. 44, Arts. I, II, IV and V, of the 1977 Code]
This article shall be known as and may be cited as the "Street, Highway and Public Places Ordinances of the Town of Irondequoit."
As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
CURBS
Includes curbs constructed by the Town as a part of a street improvement or curbs constructed pursuant to a permit issued by the Town Commissioner of Public Works/Superintendent of Highways or County Superintendent of Highways.
DRIVEWAYS
Includes all portions of driveways located within the limits of a highway.
OBSTRUCTION
Includes lumber, wood or logs, building materials and supplies, abandoned machines, vehicles or implements; fences, buildings or structures; earth, stone or other material within the boundaries of a highway.
STREET or HIGHWAY
Includes any Town highway under the jurisdiction and control of the Town Commissioner of Public Works/Superintendent of Highways of the Town of Irondequoit or a county highway, including drainage ditches, pipes and appurtenances thereto.
[Added 5-21-1996 by L.L. No. 2-1996]
A. 
General. The powers and duties to enforce the provisions of this article shall be under the administration, direction and control of the Department of Public Works and/or the Commissioner of Public Works/Superintendent of Highways.
B. 
Traffic control maintenance. The Department of Public Works and/or Commissioner of Public Works/Superintendent of Highways shall have charge of and be responsible for any provisions of the Vehicle and Traffic Law pertaining to the maintenance of controls of signage of traffic, parking, pedestrian crossings and any local laws or ordinances pertaining to the same as it falls within the Town government's jurisdiction or responsibility.
A. 
Obstruction prohibited. No person shall, without a permit as hereinafter provided, make, suffer or create an obstruction as defined in this article within the bounds of any street or highway, nor in any manner permit an obstruction to interfere with public travel therein.
B. 
Duty of owner or occupant. Each owner or occupant of lands situated along a street or highway shall remove all obstructions within the bounds of such highway, which have been placed there either by himself or herself or by or with his or her consent and without a permit as herein provided.
C. 
Permit. The Town Commissioner of Public Works/Superintendent of Highways may issue a permit for a temporary obstruction in a highway upon such terms and conditions as he or she may prescribe, but not to exceed a thirty-day period unless specifically authorized by the Town Board. No permit shall be issued by the Town Commissioner of Public Works/Superintendent of Highways unless a bond in such form as the Town Attorney shall approve shall be filed with the Town Clerk, indemnifying the Town of Irondequoit and the Town Commissioner of Public Works/Superintendent of Highways of and from any and all claims or causes of action arising in any manner from such temporary obstruction. Such bond shall be in such amount not less than $2,000 as the Town Commissioner of Public Works/Superintendent of Highways shall direct.
A. 
Interference prohibited. No person shall, without a permit as hereinafter provided, injure, deface, destroy, remove or otherwise interfere with any curb within any street or highway.
B. 
Permit. The Town Commissioner of Public Works/Superintendent of Highways may grant a permit for the cutting or removal of curbs in connection with installation of new driveways upon such terms and conditions as he or she may prescribe. No permit shall be issued by the Town Commissioner of Public Works/Superintendent of Highways unless a bond in such form as the Town Attorney shall approve shall be filed with the Town Clerk, indemnifying the Town of Irondequoit and the Town Commissioner of Public Works/Superintendent of Highways of and from any and all claims or causes of action arising in any manner from such cutting or removal of curbs in connection with installation of new driveways. Such bond shall be in an amount of not less than $2,000 as the Town Commissioner of Public Works/Superintendent of Highways shall direct.
A. 
Permit required. No driveway shall be installed within the limits of a highway unless a permit therefor shall be obtained from the Town Commissioner of Public Works/Superintendent of Highways as herein provided.
B. 
Permit. The Town Commissioner of Public Works/Superintendent of Highways may issue a permit for the installation of a driveway in a highway on such terms and conditions as he or she may prescribe and subject to the provisions of this section. No permit shall be issued by the Town Commissioner of Public Works/Superintendent of Highways unless a bond in such form as the Town Attorney shall approve shall be filed with the Town Clerk, indemnifying the Town of Irondequoit and the Town Commissioner of Public Works/Superintendent of Highways of and from any and all claims or causes of action arising in any manner from such driveway installation. Such bond shall be in such amount not less than $2,000 as the Town Commissioner of Public Works/Superintendent of Highways shall direct.
C. 
Special provisions.
(1) 
The Town Commissioner of Public Works/Superintendent of Highways shall, in cases where the street or highway has a curb, require among other conditions the following:
(a) 
That all new driveways shall have the same curbing radius as other driveways on the same street or highway.
(b) 
Pavement and curbing radius shall be removed from all discontinued driveways abutting the property served by the new driveway.
(c) 
Curbing of the same character and type of stone shall be built across all discontinued driveways.
(d) 
The joint between curb and pavement shall be properly sealed with an approved sealer.
(e) 
The width of the driveway on the pavement side of the walk shall correspond with and be of the same width as the driveway inside the walk.
(2) 
In cases where no curbing exists, the Town Commissioner of Public Works/Superintendent of Highways may require such additional installations including drainage pipes as may be necessary to permit the free flow of drainage water in such streets or highways.
A. 
Duty of owner or occupant. Each owner or occupant of lands situated along a sidewalk within the bounds of any street or highway shall keep and maintain such sidewalk in proper repair.
B. 
Approval by Town Commissioner of Public Works/Superintendent of Highways. No sidewalk shall be constructed within the bounds of any highway unless the design, construction and grade thereof shall be approved by the Town Commissioner of Public Works/Superintendent of Highways.
C. 
Construction requirements.
(1) 
Sidewalk lateral grades shall be at least 1/8 inch per foot and shall not exceed 1/2 inch per foot.
(2) 
Sidewalk construction shall be done in a manner such as will not interfere with the established gutter line or in any other way cause additional water to flow upon private property.
(3) 
While the work is in progress or until the above is complied with, any obstructions or grade in excess of 1/2 inch per foot shall be marked with adequate warning devices, including barriers and warning lights.
D. 
Abutting property owners to be responsible for maintenance. Approval of sidewalk construction by the Town Commissioner of Public Works/Superintendent of Highways shall not be construed to impose any duty upon such Town Commissioner of Public Works/Superintendent of Highways or upon the Town of Irondequoit to maintain such sidewalks, but such sidewalks shall be maintained by the abutting property owner or owners.
E. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Added 7-18-2000 by L.L. No. 4-2000]
ASPHALT/CEMENT SHIMS
A temporary repair for sidewalk slabs that are heaved and deemed to be potentially hazardous. These slabs will be replaced when working in that area. Until replacement is possible, periodic inspections will be made ensuring that the temporary repair is holding and no further heaving has taken place.
CRACKED SLABS
Slabs which have:
(1) 
Cracks which have resulted in a difference of elevation 1/2 inch or greater.
(2) 
More than one crack in a slab.
(3) 
Longitudinal cracks of 1/2 inch or wider.
HAZARDOUS SIDEWALK
A sidewalk in which there is a difference in elevation of 1 1/2 inch between a joint or a crack, in the slab or between slabs, or that a portion of a sidewalk is so badly spalled, broken or deteriorated as to present a tripping hazard. The existing surface shall be used in determining whether or not a sidewalk is hazardous.
HEAVED WALK AT TREES
Walk slabs heaved 1 1/2 inches or more by tree roots. Walks will be removed, roots cut and removed walk slabs replaced. Walk slabs will be arched around larger trees as needed to protect the tree. Walk slabs heaved less than 1 1/2 inches may be repaired by placing an asphalt wedge at the offset joint. This will be a temporary repair.
ONE SLAB BETWEEN TWO DEFECTIVE SLABS
One sidewalk slab in good condition located between two or more slabs to be removed on either side. The good slab shall be replaced except if the good slab abuts another structure such as a carriage walk, service walk or steps.
SPALLED SLABS
Loose or spalled concrete which has resulted in surface irregularities greater than 1/2 inch in depth relative to the sidewalk surface over more than 1/4 of the sidewalk slab.
SETTLED WALK
A sidewalk that has settlement of 1 1/2 inches or more over a ten-foot span. The depth of settlement will be determined by measuring parallel to the street on adjacent unsettled walk to the lowest point of the settled walk. Settled walk will not be considered as hazardous or a problem if there is drainage out of the settled area.
VERTICALLY MISALIGNED SLABS
A difference of greater than 1 1/2 inch in elevation of adjacent sidewalk slabs.
The Town Commissioner of Public Works/Superintendent of Highways shall be authorized to enter upon private property for the purpose of removing trees, limbs, branches or shrubs, plants, hedges and the like or trees which are in such close proximity to the highway as to constitute a source of danger to the users thereof. The Town Commissioner of Public Works/Superintendent of Highways shall notify the owner or occupant of such premises by letter addressed to the owner or occupant at the address appearing on the tax records of the Town of Irondequoit of his or her intention to remove such tree or limbs or branches or shrubs, plants, hedges and the like, and, upon the expiration of 72 hours from the mailing of such notice, the Town Commissioner of Public Works/Superintendent of Highways may remove such tree or branches or shrubs. Nothing herein contained shall prevent the Town Commissioner of Public Works/Superintendent of Highways from removing such trees or branches or limbs or shrubs, plants, hedges or the like within a shorter period if conditions require it. Unless the owner or occupant shall file objection with the Town Commissioner of Public Works/Superintendent of Highways prior to the expiration of the time herein provided, such owner or occupant shall have no claim of any kind against the Town or Town Commissioner of Public Works/Superintendent of Highways in connection with the removal of such trees, branches or limbs or shrubs, plants, hedges or the like.[1]
[1]
Editor's Note: Former § 44.26, Deposit of dirt or similar material prohibited, which immediately followed this section, was deleted 2-4-1997 by L.L. No. 1-1997. Such deposits are regulated under the State Vehicle and Traffic Law.
No person shall injure, damage, deface or destroy any curb, sidewalk, gutter, drainage pipes or appurtenances within or appurtenant to a street or highway; nor shall any person operate construction machinery, tractors with lugs or other machinery or vehicles upon any highway or over, upon or across any curbs or sidewalks in such manner as to cause injury or damage thereto.
The Town Commissioner of Public Works/Superintendent of Highways may, with the consent of the Town Board, issue to any public service corporation having facilities within the Town of Irondequoit a permit covering all operations of such corporation within the Town, authorizing such public service corporation to do any of the acts for which a permit is required hereunder in accordance with the conditions of this article and such other and further conditions as the Town Commissioner of Public Works/Superintendent of Highways or Town Board may require.
No person shall use any public street, highway or public place in this Town for political or other advertising purposes or otherwise by inscribing or affixing names, signs or other writings, posters or drawings upon any of such streets or highways or any improvements, trees or utility poles situated in the right-of-way of such streets or highways; provided, however, that these prohibitions shall not be construed to include any street, directional or traffic signs or markings installed or erected by any governmental authority.
A. 
Permit required. No person shall use any street or highway within the Town of Irondequoit for any street dance, block party or similar use or assemblage without obtaining a permit therefor from the Town Clerk.
B. 
Permit application. The applicant shall state, in writing:
(1) 
The name, address and age of the applicant.
(2) 
The purpose of the permit.
(3) 
The exact location and date and hours for which the permit is requested.
(4) 
Whether any previous application has been filed and, if so, the date and disposition thereof.
(5) 
Such other information as may be required by the Town Clerk to determine the veracity or to clarify any of the prior statements required in this section.
C. 
Issuance of permit.
(1) 
Upon receipt of the application, the Town Clerk shall make his or her determination within a reasonable time. He or she may, however, require notice of the application to be mailed to all residents directly affected or within 200 feet of the portion of the street or highway to be used and to afford each of them reasonable time not exceeding 10 days in which to comment on said application, either for or against the same.
(2) 
The Town Clerk may grant, deny or grant a permit modifying the use requested as he or she deems necessary or appropriate to protect the public health, safety and welfare and may require such conditions and safeguards as in his or her opinion are necessary or appropriate to provide adequate protection to the public and access to adjacent properties.
D. 
Revocation of permit.
(1) 
Whenever, in the opinion of the Town Clerk, there is reasonable grounds to revoke any permit issued under this article, the Town Clerk may do so by advising the permittee in writing or in person.
(2) 
In case of an emergency or immediate threat to the public health, safety or welfare, any police officer may summarily revoke any permit granted under this section.
[Amended 2-4-1997 by L.L. No. 1-1997]
Any person violating any provision of this article shall be guilty of a Class B violation, punishable as provided in § 1-16 of this Code.
[Adopted 4-6-1978 as L.L. No. 1-1978]
[Amended 2-4-1997 by L.L. No. 1-1997; 10-21-2003 by L.L. No. 12-2003]
No civil action shall be maintained against the Town of Irondequoit or its Town Commissioner of Public Works/Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge, culvert, street or sidewalk being defective, out of repair, unsafe, dangerous or obstructed unless 48 hours' written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert, street or sidewalk was actually given to the Town Clerk or Town Commissioner of Public Works/Superintendent of Highways 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; but 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, bridge, culvert or sidewalk unless 48 hours' written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Commissioner of Public Works/Superintendent of Highways 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. All such written notices shall be indexed according to the location of the alleged defective, unsafe, dangerous or obstructed condition or the location of accumulated snow or ice.
The Town Commissioner of Public Works/Superintendent of Highways shall transmit, in writing, to the Town Clerk within five days after the receipt thereof all written notices received by him or her pursuant to this article and Subdivision 2 of § 65-a of the Town Law, as amended or changed. The Town Clerk shall cause all written notices received by him or her pursuant to this article and Subdivision 2 of § 65-a of the Town Law, as amended or changed, to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
This article shall supersede in its application to the Town of Irondequoit Subdivisions 1 and 3 of § 65-a of the Town Law, as amended or changed.