[HISTORY: Adopted by the Town Board of the
Town of Islip 6-8-1972. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations in streets — See Ch. 16.
[1]
Editor's Note: For authority to regulate the
use of streets, highways, sidewalks and public places, see Town Law
§ 130(7).
A.
No person shall cause or permit any accumulation of
sand, gravel, cinders, topsoil, mud, earth or other materials to be
placed, deposited, tracked or washed upon any street or highway.
B.
State law reference. The authority of the Town to
prohibit the deposit of dirt, filth, waste or rubbish in any street,
highway, sidewalk or public place is established pursuant to Town
Law, § 130, Subdivision 7.
[Added 1-22-1974]
A.
BLOCK
PARTY
PERSON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A portion of a Town highway enclosed on each end by cross
streets or highways upon which lots, plots or parcels of land abut
which are partially or wholly occupied by buildings.
A social gathering for entertainment purposes only.
Any person, firm, partnership, association, corporation,
company or organization of any kind whatsoever.
B.
Permits. No person or group of persons shall operate
or conduct a block party in the Town of Islip without first obtaining
a permit therefor from the Town Clerk as provided in this section.
No permit shall be issued by the Town Clerk unless and until 2/3 of
the houses abutting on the said block shall have consented in writing
to the application. Each house shall have one vote; and if there is
a dispute within the house, the majority of those individuals over
18 who are residents shall determine the vote of the house. Not more
than one block party shall be permitted for the same block in any
one calendar year. As a condition of such permit, those having the
party agree to abide by emergency requests for ingress and egress
of residents of the block.
C.
Applications. The applicant for a block party permit
shall file the same not less than one month prior to the date requested.
The applicant for the permit shall file said application on forms
furnished by the Town Clerk. The application shall state and show
the following:
(1)
Name, address and telephone number, if any, of the
applicant.
(2)
Date of party.
(3)
Hours of party.
(4)
Name of street to be closed.
(5)
Names, address and consents in writing of 2/3 of the
houses on the block.
(6)
Certification that not more than one block shall be
closed at any one time pursuant to the application and that there
are no other block party applications pending within three blocks
therefrom.
(7)
Name of persons to be responsible for the removal
of garbage, litter and debris from the block and the date and time
of removal which shall be not later than 24 hours after the closing
time of the party.
(8)
Certification that all the information provided in
the application is accurate.
[Added 3-10-2009]
D.
Fees.
(1)
The applicant shall furnish a certified check in the
sum of $50 to guarantee the cleanup performance on the part of the
applicant or his agent. The applicant consents to allow the Town of
Islip to apply said sum of $50 towards cleanup upon failure of the
applicant to do so in the time required therefor. In no event shall
any portion of said cleanup fee be refunded until the Superintendent
of Highways shall have inspected the block and approved of the release
of said fee or the balance remaining.
(3)
No block party shall charge a fee for any item, including
but not limited to admission, food or beverage.
[Added 10-1-1991]
E.
Penalty. Any person violating any of the provisions
of this section shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be punishable by a fine in an amount not
exceeding $500 or by imprisonment in the County jail for a period
not to exceed 50 days, or by both such fine and imprisonment. Each
day such violation is permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
F.
Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining
portions hereof.
G.
Repealer. All ordinances and parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
[Added 10-3-1978]
A.
No civil action shall be maintained against the Town
of Islip or any of its employees for damages or injuries to persons
or property sustained by reason of any highway, street, bridge, culvert,
sidewalk, crosswalk, highway or street marking, traffic sign, signal
or device, tree, tree limb or other property owned or maintained by
the Town of Islip being defective, out of repair, unsafe, dangerous
or obstructed unless written notice of such defective, out of repair,
unsafe, dangerous or obstructed condition of such highway, street,
bridge, culvert, sidewalk, crosswalk, highway or street marking, traffic
sign, signal or device, tree, tree limb, or other property was actually
given to the Town Clerk or 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, obstruction
or condition complained of, and no such action shall be maintained
for damages or injuries to persons or property sustained solely in
consequence of the existence of snow or ice upon any highway, street,
bridge, culvert, sidewalk, crosswalk, highway or street marking, traffic
sign, signal or device or other property owned or maintained by the
Town of Islip unless written notice specifying the particular place
was actually given to the Town Clerk or 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 receipt of such notice.
[Amended 8-21-1984; 12-17-1985]
B.
The Commissioner of Public Works shall transmit in
writing to the Town Clerk, within five days after the receipt thereof,
all written notices received by him pursuant to this section and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall cause
all written notices received by him or her, pursuant to this section
and Subdivision 2 of § 65-a of the Town Law 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.
C.
This section shall supersede in its application to
the Town of Islip Subdivisions 1 and 3 of § 65-a of the
Town Law.
D.
This section shall take effect immediately.
[Added 10-1-1991]
The Police Department and any other law or code
enforcement entity shall have the authority to order termination of
the block party for violation of the conditions of the permit or for
violation of any Town, County or state law or ordinance.
Each owner or occupant of any house or other
building and any owner or person entitled to possession of any vacant
lot and any person having charge of any church or any public building
in the Town shall, during the winter season or during the time snow
shall continue on the ground, keep the sidewalk in front of the lot
or house free from obstruction by snow or ice and icy conditions and
shall at all times keep the sidewalk in good and safe repair and maintain
it in a clean condition and free from filth, dirt, weeds or other
obstructions or encumbrances.
No person who is the owner, occupant or lessee
of any premises abutting on any street, road, highway or parkway in
the unincorporated area of the Town shall place, keep, permit or suffer
to be placed or kept on any sidewalk in front of, adjoining or adjacent
to his premises, any goods, wares, merchandise, boxes, barrels, display
signs or material things of any kind or description, nor shall be
in any manner obstruct any sidewalk, nor in any manner obstruct or
interfere with the use of any sidewalk; but nothing contained in this
section shall prevent persons from placing goods, wares, merchandise
or household furniture on a sidewalk temporarily while loading or
unloading it if it is done without unnecessary delay and if such goods,
wares or merchandise are not allowed or permitted to remain on the
sidewalk for a longer period than one hour.
The Town Board may from time to time by resolution
require the construction or repair of sidewalks or curbs along streets,
roads, highways and parkways in the Town, as well as the construction
of sidewalks along state highways within the Town, and the repair
of sidewalks constructed by the state along state highways in the
Town at the expense of the abutting owners, or otherwise, upon such
notice and pursuant to the authority of the requirements of Section
130, Subdivision 4, and Section 200-a of the Town Law of the state.
[1]
Editor's Note: Authority for construction
and repair of sidewalks pursuant to order of the Town Board, Town
Law, Section 200-a.
All sidewalks, curbs, gutters or driveways constructed
on any privately owned street, highway or parkway of a new development
shall be subject to these regulations and comply in all respects with
the regulations covering streets, the title to which is vested in
the Town. Failure to comply with these regulations shall constitute
sufficient cause for the Town to reject any dedication of such a street.
A.
Whenever the Town Board adopts an order or orders directing the abutting owners of the respective lots or parcels of land in front of which it is desired that sidewalks or curbs be built, relaid or repaired, or to construct them in accordance with §§ 47A-25 through 47A-40, the Town Board shall specify the place, manner and time within which the construction or repair shall be done, which time shall not be less than 48 hours from the time of the Town Board's order.
B.
The Town Clerk shall publish a notice of the Town Board's orders pursuant to Subsection A of this section, in a paper to be designated by the Town Board, at least twice, the first publication of which shall be at least 15 days before the time specified for the completion of the work, and he shall serve a copy of the notice by registered mail upon the owner or owners, occupant or occupants of the land in front of which it is desired that such construction or repair shall be done.
A.
Whenever a notice to construct or repair a sidewalk
or curb, pursuant to an order of the Town Board, has been served upon
an owner of a lot or parcel of land in front of which it is desired
that sidewalks or curbs be built, relaid or repaired, and the owner
or occupant shall not cause the construction or repair to be made
to the sidewalk or curb as required by the notice, the Superintendent
of Highways is hereby authorized and directed to cause the construction
and repair to be made as required by notice.
B.
The Superintendent of Highways is hereby authorized
to perform such work or repair with his own forces or cause a contract
to be let therefor, and to pay for the work out of the funds to be
appropriated by the Town Board for such purposes.
A.
Whenever the owner or occupant of property in front of which the Town Board, pursuant to §§ 47A-25 through 47A-40, has ordered a sidewalk or curb constructed or repaired, shall build, relay or repair the sidewalk or curb called for by the notice, he shall obtain a permit therefor as required by §§ 47A-25 through 47A-40.
B.
If the location where the construction or repair is
to be made shall be upon a state highway where the sidewalks or curbs
have been constructed by the state, the permit shall be obtained from
the highway division of the State Department of Public Works in accordance
with the rules and regulations of that Department.
C.
The Superintendent of Highways may require such bonds
or deposits and issue the permit subject to such terms and conditions
as he may consider necessary for the protection of the Town property.
The Town shall be reimbursed for the cost of building, relaying or repairing any sidewalk or curb, when made by the Superintendent of Highways pursuant to §§ 47A-25 through 47A-40, by the owner of the respective lot or parcel of land in front of which the construction or repair was made, by assessment upon, and collection from, the lot or parcel of land termed benefited by the construction or repair; so much of the actual and complete cost upon and from each lot as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the property, and collected in the same manner and at the same time as other ad valorem Town charges.
No sidewalk, curb or gutter shall be constructed
or permitted to be constructed or repaired along any street, road,
highway or parkway in the Town unless such construction shall conform
to the lines, grades and specifications furnished by the Superintendent
of Highways and in conformity with all the specifications and requirements
established by rules and regulations of the Town Board.
No sidewalk, curb or gutter shall be constructed
or repaired, or work thereon commenced, until the owner of the premises
in front of which the sidewalk, curb or gutter is to be constructed
or repaired, or the authorized agent of the owner, shall have obtained
a permit therefor. Applications for the permit required by this section
shall be made in writing to the Superintendent of Highways in such
form as may be required by the Town Board. No permit required by this
section shall be issued without the approval of the Superintendent
of Highways, endorsed on the application therefor, unless so directed
by resolution of the Town Board.
Whenever a sidewalk or curb construction or repair is made by contract let therefor by the Superintendent of Highways, made pursuant to §§ 47A-25 through 47A-40, the provisions of §§ 47A-25 through 47A-40 in respect to obtaining a permit and the powers of the Superintendent of Highways on the issuance of a permit shall apply to the contractor for the work.
The permit required by §§ 47A-45
through 47A-40 shall be in addition to the permit required for street
openings and obstructions and shall be in addition to any permit required
for any excavation or curb cut permit if any is required.
[Amended 10-5-1982]
Unless waived or modified by the Superintendent of Highways, each applicant for a permit required by §§ 47A-25 through 47A-40 must file with said Superintendent an insurance policy or certificate showing proof of the following coverages:
A.
Compensation insurance. The permittee shall take out
and maintain, during the life of the permit, workers' compensation
insurance for all his employees employed at the site of the work,
and in case of any of the work being sublet, the permittee shall require
the subcontractor similarly to provide workers' compensation insurance
for all of the latter's employees, unless such employees are covered
by the protection afforded by the permittee.
B.
Public liability and property damage insurance. The
permittee shall take out and maintain during the life of the permit
such comprehensive general liability insurance, including completed
operations, as shall protect him and any subcontractor performing
work covered by the permit from claims for damages for personal injury,
including accidental death, as well as from claims for property damage
which may arise from operations by himself or by any subcontractor
or by anyone directly or indirectly employed by either of them, and
the amounts of such insurance shall be as follows:
(1)
Bodily injury insurance in an amount of not less than
$300,000 for bodily injuries, including wrongful death to any one
person, and an amount not less than $500,000 on account of one occurrence.
(2)
Property damage insurance in an amount not less than
$100,000 for damages on account of any one accident, and in an amount
of not less than $200,000 for damages on account of all accidents.
C.
Said policy for public liability and property damage
insurance must be so written as to include contractors' protective
liability to protect the permittee against claims arising from the
operation of any subcontractor.
D.
Owner's (Town of Islip) protective liability insurance.
The permittee shall furnish to the Town, with respect to the operations
he or any of his subcontractors perform, a regular owner's protective
liability policy in the name of the Town of Islip, providing for a
limit of not less than $300,000 for all claims arising out of bodily
injuries to or death of one person and, subject to that limit for
each person, a total limit of $500,000 for all claims arising out
of bodily injuries to or death of two or more persons in any one occurrence
and providing for a limit of not less than $100,000 for all claims
arising out of injury to or destruction of property during the policy
period. The coverage provided under this policy must not be affected
if the Town performs work in connection with the permit either for
or in cooperation with the permittee or as an aid thereto, whether
the same is a part of the permit or separate therefrom, by means of
its own employees or agents, or if the Town directs or supervises
the work to be performed by the permittee. [NOTE: In lieu of the above
dual limits, the permittee may provide a combined single limit of
$1,000,000.]
The violation of any provision of this ordinance
shall be an offense against the ordinance, which shall be punishable
by a fine of not less than $20 and not to exceed $250 or imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
