[HISTORY: Adopted by the Town Board of the Town of Islip 6-8-1972. Amendments noted where applicable.]
Excavations in streets — See Ch. 16.
Editor's Note: For authority to regulate the use of streets, highways, sidewalks and public places, see Town Law § 130(7).
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.
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.
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.
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.
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:
Name, address and telephone number, if any, of the applicant.
Date of party.
Hours of party.
Name of street to be closed.
Names, address and consents in writing of 2/3 of the houses on the block.
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.
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.
Certification that all the information provided in the application is accurate.
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.
No block party shall charge a fee for any item, including but not limited to admission, food or beverage.
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.
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.
Repealer. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
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]
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.
This section shall supersede in its application to the Town of Islip Subdivisions 1 and 3 of § 65-a of the Town Law.
This section shall take effect immediately.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.