[Adopted4-3-1974 by L.L. No. 2-1974 as
Art. I of Ch. 91 of the 1974 Code]
[Added9-11-1991 by L.L. No. 6-1991]
As used in this article, the following terms
shall have the meanings indicated:
A sidewalk regularly used by a substantial number of pedestrians
walking between their residences and either stores or public transportation
facilities, as designated by the Town Board.
[Added3-11-1997 by L.L. No. 6-1997]
A sidewalk regularly used by a substantial number of school
children walking to and from school, as designated by the Town Board.
[Added3-11-1997 by L.L. No. 6-1997]
That portion of the street between the physically established
curblines and the designated property lines.
Every way set apart for public travel, except alleyways,
bridlepaths and footpaths.
No building material shall be placed upon any
highway without a permit from the Superintendent of Highways. Such
permit shall be for a period no longer than three months and shall
not authorize the obstruction of any sidewalk or gutter or of more
than 1/3 of the roadway immediately opposite the lot upon which the
building is to be erected and shall be revocable for cause by the
Superintendent of Highways or the Town Board. The holder of such permit
shall guard such material with red lights at night so as to avoid
accidents. Upon revocation of such permit, all materials deposited
pursuant to such permit shall be removed within 48 hours and the highway
restored to its original condition.[1]
[1]
Editor's Note: Former § 91-2, Permission
required to work on streets, which immediately followed this section,
was deleted 9-11-1991 by L.L. No. 6-1991.
No person shall attach or string any electric
or other wire or adjust or carry the same into or over any street,
road, highway or public place except with permission of the Superintendent
of Highways.
[Amended 2-10-2009 by L.L. No. 1-2009]
No person shall erect, maintain, or cause to
be erected or maintained, any post, pole, guy line or attachment thereto
for the purpose of supporting a sign or other display advertising
device which is placed in, upon or over any sidewalk, square, public
place, street or gutter, or attached or connected thereto in any manner
whatever, or string or suspend across any street, square or public
place within said Town any banner, sign or other device, or any ropes,
guy lines or attachment thereto, without first obtaining permission
from the Town Clerk, which permission shall be approved, in writing,
by the Chief of Police.
[Amended 2-10-2009 by L.L. No. 1-2009]
It shall be unlawful to hang any sign or other
device or to attach the same to a building or other structure or support
in such a way that any part of the same to any extent extends over
any part of a sidewalk or public road without a license therefor from
the Town Clerk and the furnishing of insurance to the Town in an amount
determined by the Supervisor to protect the Town against all damages,
including death claims, which might arise out of the erection or maintenance
of said sign. Such insurance shall be kept in force by the licensee
as long as said sign shall be erected, and proof thereof furnished
to the Town Clerk. A written plan must accompany each application,
showing the type of sign, its dimensions, elevation from the sidewalk
and distance back from the curb.[1]
[Amended 9-11-1991 by L.L. No. 6-1991;1-27-1998 by L.L. No.
1-1998]
A.
Preamble. The Town Board of the Town of Clarkstown
hereby finds that obstructions, such as shrubbery, hedges, trees,
walls, fences signs, mailboxes, pillars and embankments, at intersections
create highway hazards by interfering with proper sight distance at
their corners. It is the aim of the Town Board to reduce such road
hazards caused by the above and similar objects which are responsible
for causing property damage, personal injury and fatalities due to
vehicular accidents. Therefore, the regulations which follow are hereby
adopted.
B.
Scope.
(1)
No shrubbery, hedge or other natural growth (except
a tree trunk which does not block sight distance), wall, fence (except
a fence in which the solid area is not more than 5% of the total area
of the fence), sign, mailbox, pillar or embankment, which is over
three feet higher than the apex at the center line of the street,
shall be located within the triangular area of the sketches shown
at the end hereof.[1]
[1]
Editor's Note: Said sketches are located at
the end of this chapter.
(2)
No limbs or foliage of any tree shall be permitted
to grow closer to the ground than eight feet where such limbs or foliage
overhang or are over or upon land located within the triangular areas
of the sketches shown at the end hereof.[2]
[2]
Editor's Note: Said sketches are located at
the end of this chapter.
(3)
No tree shall be located within the triangular areas
of the sketches shown at the end hereof if the tree trunk is of such
diameter that, when viewed from the stop line of the side road, it
shall block sight distance for the driver of a vehicle stopped at
that stop line.
C.
Enforcement.
(1)
Upon a determination by the Superintendent of Highways
or the Town Code Enforcement Officer that a violation of this section
of the Town Code exists, a written notice shall be sent to the property
owner specifying the violations and requiring compliance within the
number of days specified below, either by having the violation removed
or by, agreeing, in writing, to permit the Town to remove the violation.
(2)
The number of days specified for compliance shall
be as follows:
(a)
For a violation involving shrubbery, hedges
or tree limbs, foliage or other natural growth, except tree trunks:
15 days.
(b)
For a violation involving tree trunks, walls
or fences: 30 days.
(c)
For any violation involving embankment: 45 days.
If the property owner does not grant a right of entry for removal
of an embankment, the Town may first obtain, by condemnation or otherwise,
an easement to permit it to remove the embankment.
[Amended 4-28-1976 by L.L. No. 3-1976; 2-10-2009 by L.L. No.
1-2009; 4-9-2013 by L.L. No. 2-2013]
Any person found guilty of a violation of any
provision of this article shall be punished by a fine of up to $2,500.
Any person found guilty of a second offense of any provision of this
chapter within 18 months of the date of the first conviction shall
be punished by a fine of not less than $2,500 and not more than $5,000.
Any person found guilty of a third offense of any provision of this
chapter within 18 months of the date of the second conviction shall
be punished by a fine of not less than $7,500 and not more than $10,000.
Any person found guilty of a fourth or subsequent offense of any provision
of this chapter within 18 months from the date of the third conviction
shall be punished by a fine of not less than $10,000 and not more
than $15,000. The continuation of an offense against the provisions
of this article shall constitute, for each day the offense is committed,
a separate and distinct offense hereunder.
