[Adopted as Secs. 7-2, 7-3, 7-5, 7-5.01, 7-6, 7-8, 7-10, 7-11 through 7-16, 7-20 through 7-25, 7-46 and 7-50 through 7-53 of the 1965 General Ordinances]
It shall be unlawful for any person to scatter, drop or spill or permit to be scattered, dropped or spilled from any vehicle or part thereof, or receptacle or otherwise, any earth, dirt, sand, gravel, clay, loam, stone, building rubbish, sawdust, shavings or other light material of any sort or manufacturing, trade or household waste, refuse, rubbish of any sort or ashes, manure, garbage or other organic refuse or other offensive matter therefrom in or upon any street or public place.
In addition to any penalty provided by this article, any person violating the provisions of Subsection A of this section shall immediately clean or cause to be cleaned the street or public place upon which any earth, dirt, sand or other matter referred to in Subsection A has been scattered, dropped or spilled.
It shall be unlawful for any person in a commercial or manufacturing zoned district or in a residential dwelling containing six or more residential dwelling units to discharge or cause to be discharged groundwater unto City streets either by gravity or pumps during the period from November 15 to April 15 of the following year.
[Added 3-20-1990 by Ord. No. 61-1990; amended 12-19-1990 by Ord. No. 293-1990]
It shall be unlawful for any person to discharge or cause to be discharged groundwater onto City streets either by gravity or pumps. The Commissioner of Public Works has the sole authority to provide relief from these requirements in cases where such discharge was permitted by the City prior to October 20, 2009, on-site storage of stormwater is not feasible and/or where the existing City storm drain system cannot accommodate new connections. In addition to any penalty provided by this article, a penalty of $25 per occurrence may be imposed upon the owner of any property where the Department of Public Works is required to perform work along the abutting streets to restore the safety, comfort and convenience of the public due to icing, pavement deterioration or a nuisance condition, and it has been determined by the Commissioner of Public Works that the discharge of stormwater from the property has partially or entirely caused such a condition. The owner of such property shall have the right to appeal this determination at a hearing before the Commissioner if requested within 10 days of receipt of notice.
[Added 10-20-2009 by Ord. No. 196-2009]
[Amended 6-12-1972 by Ord. No. 166-1972]
No person shall allow any swill, brine or other offensive animal matter nor any petroleum product nor any stinking, noxious liquid or other filthy matter of any kind to run or fall into or upon any street or public place, or public storm drain or private drain tributary to a public storm drain, or to be taken or put therein.
It shall be unlawful to sweep or deposit any litter, paper, cans, glass, dirt, filth, etc., into the streets or gutters of the City.
It shall be the duty of every owner, superintendent, lessee, occupant, tenant or other person exercising supervision and control of the operation of business or commercial, manufacturing or multiple dwelling property abutting on any sidewalk to sweep, take up, remove and place securely in receptacles all litter, paper, cans, glass, dirt, filth, etc., from the sidewalks abutting such property and from the entrance to their premises each day prior to 10:00 a.m., except on Sundays and legal holidays. Sidewalks and entrances to business premises which are open for business on Sundays or legal holidays shall be cleared of litter within 1/2 hour after opening. For the purposes of this section, a "multiple dwelling" shall be deemed to mean and include a building or portion thereof containing more than three dwelling units.
[Amended 3-15-1983 by Ord. No. 61-1983]
It shall be the duty of every owner, superintendent, lessee, occupant, tenant or other person exercising supervision and control of the operation of any property maintaining a parking area or driving area for motor vehicles to remove all litter, paper, cans, glass, dirt, filth, etc., from said parking area before 10:00 a.m. of each day that the premises are open for business. By way of enumeration and not by way of limitation, the provisions of this section are applicable to shopping centers, supermarkets, gasoline service stations, automotive repair stations, diners, restaurants, used car lots, apartment house parking areas and industrial establishments.
It shall be the duty of every owner, lessee and/or occupant of property abutting upon any street, avenue or public place where any sidewalk shall have been paved or flagged or where the grading therefor shall have been done and the paving or flagging ordered by the Council to remove new ice and freshly fallen snow from such sidewalk and from the gutter adjoining, before 12:00 noon of each day and to keep the same so cleaned and removed at all times. Whenever any ice forms upon such sidewalk, it shall be the duty of such owner, lessee or occupant to place thereupon sufficient sand and/or chemical to prevent persons from slipping until such ice shall be wholly removed. In the event that any owner and/or occupant shall fail to maintain the same as required by this section, the Building Official may serve written abatement notice and may cause such work to be undertaken by or on behalf of the City, pursuant to the procedures set forth in Sections 197 and 200 of the City Charter.
[Amended 5-20-1997 by Ord. No. 100-1997]
It shall be the duty of every owner of premises where there is a private street or road, driveway, lane or alley used as a common means of ingress or egress for three or more families to remove new ice and freshly fallen snow from such private street or road, driveway, land or alley before 12:00 noon of each day and to keep the same so cleaned and removed at all times. Whenever any ice forms upon such private street or road, driveway, land or alley it shall be the duty of such owner to place sufficient sand or rock sale to prevent vehicles from skidding or persons from slipping until such ice shall be wholly removed.
The removal of snow and ice from private property and the placement thereof upon any public sidewalk or public street by the owner, lessee or occupant of private property is prohibited. For the purposes of this subsection, an "owner, lessee or occupant of property" is defined as the owner, lessee or occupant of property used as a parking lot, gasoline service station, market, garage or any other type or kind of commercial use of property.
Snow and ice may be removed from any sidewalk along a public street or from any walk or driveway serving private property to the curb area of any public street. The removal of snow and ice from any sidewalk or from any walk or driveway serving any private property onto the traffic lanes of any public street is prohibited.
No person shall prevent or interfere with any employee of the City in the sweeping or cleaning of any street, or in the removal therefrom of sweepings, ashes, garbage, rubbish, snow, ice or other refuse material.
No person shall throw, cast or distribute or cause to be thrown, cast or distributed any commercial handbill, circular, card or other commercial advertising matter whatsoever in or upon any street or public place or in a front yard or courtyard or any stoop or in the vestibule or any hall of any building or in a letter box therein or in or upon any motor vehicle, provided that nothing herein contained shall be deemed to prohibit or otherwise regulate the delivery of any such matter by the United States Postal Service or prohibit the distribution of sample copies of newspapers regularly sold by the copy or by annual subscription. This section is not intended to prevent the lawful distribution of anything other than commercial and business advertising matter.
The Commissioner of Public Works is empowered to close temporarily to traffic any street, or portion thereof, when, in his judgment, travel in the same is deemed to be dangerous to persons or property, in consequence of there being carried on in said street, building operations, repairs to street pavements, sewer connections or blasting for the purpose of removing rock from abutting property.
No person shall throw down, displace or remove any barrier, guard or railing, or extinguish or remove any light thereon or on any obstruction in any street, without the written consent of the Commissioner of Public Works or without the consent of the person superintending the work or materials protected thereby.
No excavation, embankment or work within three feet from any monument shall be performed prior to the issuance of a permit from the Commissioner of Public Works. Prior to the granting of such permit, the Commissioner of Public Works shall take field measurements and notes as may be necessary to restore, lower or raise such monuments to their correct position.
The Commissioner of Public Works may grant to any professional engineer or licensed land surveyor a blanket permit to run for a period of not more than one year from the date of issue, authorizing such engineer or surveyor, or any of his employees, to do such digging or excavating as may from time to time be necessary when searching for or locating or when uncovering or covering survey monuments in or under any of the streets or highways of the City; such permit to be revocable at the discretion of the Commissioner of Public Works.
No newly paved street shall be opened or dug up or the pavement thereof otherwise cut, injured or defaced for any purpose whatever, by any person, until after the expiration of three years from the date of final completion of the newly laid pavement in said street or avenue; provided, however, that in case of emergency where the health, comfort or convenience of the public or a considerable number of persons in the City may be endangered, a permit for the opening of said street may be granted by the Mayor. Said permit shall be in writing and shall state the nature of the emergency necessitating the issuance thereof.
No person shall place, install or construct any pipes, mains, conduits or other structures underground in streets without first filing with the Department of Public Works, at the time of the application for a permit to open a street, a plan, map or sketch showing the street and location in the street where such pipes, mains, conduits or other structures are to be placed, installed or constructed. No such permit shall be granted without the approval of the Commissioner of Public Works of the location in the street of said pipes, mains and conduits or other structures.
Permit. Except as otherwise provided in this article, no person shall place on any street or sidewalk a ladder or any other encumbrance without first having obtained a permit therefor from the Commissioner of Public Works.
Application. Applications for permits shall be made to the Commissioner of Public Works in such form and detail as he may prescribe.
Term. All permits shall be issued for the period of one year from the date of issue or such lesser period of time as the Commissioner of Public Works may designate.
Insurance. Every applicant shall file with the Commissioner of Public Works proof of insurance in the amount of $100,000/$300,000 for personal injury and $25,000 for property damage, and in addition thereto shall provide the City with an agreement to hold the City harmless from any liability or responsibility by virtue of the issuance of the permit and the placing of a ladder or other encumbrance on the street or sidewalk.
Fee. Said permit shall be issued upon the payment of a fee as set forth in Chapter 133, Fees. In the event, however, that the permit is issued for a lesser period than one year, there shall be no change in fee.
Limitation. Said permit may not be transferred or assigned by the permittee and when issued to a firm or corporation shall include all of the employees of said firm or corporation.
Revocation. The Commissioner of Public Works is empowered to hear and determine complaints against a permittee and to suspend or revoke any permit. No permit shall be suspended or revoked, however, until after a hearing upon notice to the permittee, upon which hearing the permittee shall have an opportunity to be heard. The Commissioner of Public Works, after investigating any matters pertaining to the granting, issuing, transferring, renewing, revoking, suspending or canceling of any permit, is hereby authorized, in his discretion, to take such testimony as may be necessary on which to base final action. Upon taking such testimony, he may subpoena witnesses and also direct the production before him of necessary and material books and papers.
Renewal. A permit issued pursuant to this article may be renewed for the succeeding year upon the payment of a renewal fee in the same amount as required for the original permit and filing with the Commissioner of Public Works proof of insurance as hereinbefore set forth.
In all cases where the sidewalk or roadway of a street shall be encumbered or obstructed by the caving in or falling off of any earth, rocks, rubbish or anything whatever from any lot adjoining such sidewalk or street, the owner or occupant of such lot shall cause such earth, rocks, rubbish or other thing to be removed, and cleaned from such sidewalk or street within 24 hours after notice shall have been served by the Commissioner of Public Works on the occupant or agent personally, or shall have been left at the place of residence of such person, in this City; or, if such person does not reside in the City and such notice shall not be personally served, then, within five days after such notice be sent by mail, addressed to such person at his place of residence, or when such residence is unknown to the said Commissioner of Public Works, posted in a conspicuous place on said premises. If the owner, occupant or agent does not comply with such notice within the time specified in this section, the Commissioner of Public Works shall cause the same to be removed at the expense of the owner, occupant or agent, and such expense shall be sued for and recovered in the name of the City.
No person shall break, deface, take down, carry away or interfere with any street sign or any gas or electric light, apparatus or any part thereof which shall be hung or fixed in any street or public place, or extinguish the light therein.
No person shall take up, remove or carry away any street sign, lamppost or electric light pole in any street or public place without permission of the Commissioner of Public Works. Any person who shall take up and temporarily remove any lamppost or electric light pole under a permit or by other lawful authority shall cause the same to be reset at his own expense immediately upon the completion of the work that necessitated its removal.
[Amended 10-18-1988 by L.L. No. 1-1988]
[Amended 7-16-1985 by Ord. No. 198-1985]
All utility wires, including electric, telephone and cable television, presently located, or in the future to be located, at the streets set forth below, shall be underground within the limits stated:
No person shall injure, deface, obliterate, mar, remove, take down, loosen, destroy or in any other manner interfere with or street or public place, whether it is upon public or private property.
[Amended 10-18-1988 by L.L. No. 1-1988]
No street shall be accepted by the City unless said street is completed with all curbs, sidewalks, lights, sewer system, drain system and monuments or as per the requirements of the Commissioner of Public Works. Prior to the acceptance by the City, the owner shall submit a plan, made to scale, showing street lines, grades and all the required appurtenances.
[Amended 10-18-1988 by L.L. No. 1-1988]
All telegraph, telephone, gas light posts and electric light poles, wires or conductors which shall have been standing for three months prior thereto disused or abandoned, or which shall hereafter remain or stand disused or become disused or abandoned, in, over or upon any street or public place shall be forthwith removed. For sufficient cause shown, the Commissioner of Public Works may, by one or more orders, extend the time for such removal for periods not exceeding one year each. The persons owning, operating, managing or controlling poles, wires or appurtenances which may have been so disused or abandoned or which may be dangerous or unsafe shall take down and remove them.
It shall be unlawful for any person, through any window or open space in any house, to exhibit to the public upon the street or sidewalk thereof any performance of puppet or other figures, ballet or other dancing, comedy, farce, show with moving figures, play or other entertainment.
Said permit shall be issued upon the filing of a plan showing that said street complies with the following specifications:
Street grades, profiles. The street grades and profiles shall, in general, conform to the terrain but shall be not less than 0.5% for all streets nor more than 5% for main thoroughfares and 10% for minor streets.
Grading. The entire street width, from property line to property line, shall be graded according to standard cross-section, except that changes may be made to preserve fine trees or other landscaping features which will not seriously affect the use of the entire street width by the public or create traffic hazards at street intersections.
Pavement. The pavement shall, as a minimum, consist of four inches of asphalt concrete bottom course and an asphalt concrete top course two inches thick. These minimum standards may be increased or changed to suit conditions existing in a given location. The earth sub-grade, stone bottom course and the top course shall be shaped to a suitable crown, to be designated by the City Engineer when plans are being prepared.
Curbs. Curbs shall be substantial, native stone, granite or concrete. Native stone and granite curb shall be set in concrete, and concrete curb may be either precast or cast-in-place. All curb shall extend six inches above the pavement surface at the curbline except at driveways, where it shall be between 1 1/2 and two inches in height, and beveled or rounded to minimize damage to automobile tires.
Sewers. Sewers will be required unless waived by the Department of Public Works.
The minimum size shall be eight inches in diameter.
The minimum depth shall be six feet to the top of the pipe.
Manholes shall not be over 300 feet apart.
Drains. Drains will be required as conditions indicate, depending on topography, natural drainage system or available outlets.
Monuments. Monuments will be required. The exact number and location will depend on the street alignment approved by the Department of Public Works. Cast-iron frames and covers will also be required. A street system map, drawn in ink on tracing cloth and showing all monuments and street property lines, shall also be furnished.
General. The physical details, such as size, quality and workmanship of the work outlined herein, shall be as specified by the Department of Public Works after taking into consideration the public safety, general welfare, the condition of the land and the safeguards necessary for the continued, safe and proper use of the same by the public.
Construction plans. Construction plans describing the contemplated work shall be submitted to the City Engineer and the Commissioner of Public Works for approval, and shall be in the form prescribed by the City Engineer, together with the application for the permit.
Width. All streets shall be of a width of not less than 50 feet, except, however, that streets designated by the Commissioner of Public Works as intermediate traffic streets, shall be of a width of not less than 60 feet, and streets designated by the Commissioner of Public Works as main traffic streets shall be of a width of not less than 70 feet. The width of the paved area of said streets shall be designated by the Commissioner of Public Works upon taking into consideration the public safety, general welfare and the safeguards necessary for the continued, safe and proper use of the streets by the public.
Sidewalks. Sidewalks shall be installed when required by the Commissioner of Public Works, who shall designate the location and width of the same upon taking into consideration the public safety, general welfare and safeguards necessary for the continued, safe and proper use of the streets by the public.
All streets shall be constructed under the supervision of the Department of Public Works, and the permittee shall pay a charge as set forth in Chapter 133, Fees, for the services of the City inspector and shall deposit with the application a certified check in the sum of $500, which sum shall be returned when the aforesaid charges have been paid in full.
For the purpose of this article, the following terms shall have the following meanings:
- (1) Any excavation, whether created in the course of a building operation or otherwise, and regardless of whether a building permit has been issued for the same, which said excavation has remained in an open and unfinished condition for a period of six months or more.
- (2) Any excavation as herein defined for which a building permit was issued and where the building operation under said permit is arrested prior to completion and the permit therefor allowed to lapse.
- Any uncovered cutting or cavity in the earth of any depth or size created by the removal of earth, stone, topsoil or any other substance.
Any excavation which has been abandoned as herein defined shall be filled in to the original level of the ground, and any topsoil removed shall be replaced by the owner, lessee or occupant of the property where such excavation exists. Should any such owner, lessee or occupant fail to fill in such excavation and replace any topsoil removed within 30 days after notice in writing delivered personally or by registered mail, the City may proceed to fill in the same and replace any topsoil removed. The cost of such filling and replacement of topsoil shall be assessed against the property where such excavation exists.
The notice specified in the preceding section shall be mailed or delivered to the last known address of the owner of the property on which such abandoned excavation exists as the same appears upon the records in the office of the Commissioner of Finance and if there is an occupant or lessee on the premises then to such occupant or lessee at the premises.
The Commissioner of Public Works shall ascertain the cost of any filling in or replacement of topsoil that may be necessary and, upon ascertaining the cost of the same, shall prepare a list specifying the property affected by lot and block numbers as the same appears on the official assessment map of the City of New Rochelle and shall file the list in his office and give public notice of such filing by publication in the official newspaper that said list has been filed and that for 10 days after the publication of said list the list may be examined by any person interested herein, and that upon a time specified in such notice, and at least 10 days after the publication thereof, he will attend at his office to hear any objections to said list. The Commissioner of Public Works shall have authority to make such corrections in the list as may be necessary. After the time specified for the hearing, the Commissioner of Public Works shall file said list with corrections, if any, with the Commissioner of Finance, together with a copy of the notice published, and from the hour of filing, the amount of the charges specified in said list shall be a lien upon the property affected thereby. Penalties at the rate of 7% per annum shall be charged for payment of the fees made more than 30 days after the filing of the list with the Commissioner of Finance. Failure on the part of the Commissioner of Public Works to prepare or publish the list in the manner herein prescribed shall not invalidate the liens for the cost of filling in any abandoned excavation or excavations and the replacement of topsoil wherever the same has been removed.
The Commissioner of Public Works may issue permits to abutting owners, occupants or lessees to maintain poles and posts along the curb in front of their property; provided, however, that no part of said pole shall extend beyond the curbline of said sidewalk, nor for more than 24 inches from the outside curb toward the property line.
[Added 4-19-1983 by Ord. No. 99-1983; amended 12-14-1993 by Ord. No. 280-1993; 1-26-1994 by Ord. No. 167-1994]
Notwithstanding any inconsistent provisions of Chapter 331, Zoning, the sale of fruit and vegetables, plants and flowers along certain sidewalks fronting premises used for such sales pursuant to the underlying zoning may be permitted by the Department of Development under the requirements contained herein. However, it is determined that such sidewalk sales must be strictly controlled to protect the public health, safety and welfare. Adequate sidewalk area must be maintained to allow safe pedestrian passage and for the safe and convenient use of wheelchairs, strollers and similar instruments. Due to the congestion caused by such sidewalk sales, it is further determined that such sales must be limited to sidewalks at least 10 feet in width from the building exterior to the curbline. Moreover, to adequately control pedestrian congestion around such uses, display areas shall in no circumstances extend more than two feet from the building line into the sidewalk.
Application for such sales shall be made to the Commissioner of Development or such other person designated by the Commissioner on forms to be provided by the Department of Development. The application shall delineate the specific location and display area from which such sales would take place and describe the specific type and material of the actual display fixtures.
A permit for such use may be granted by the Commissioner or such other person designated by the Commissioner if compliance is made with the following requirements:
There shall be no less than 10 feet of sidewalk from the building line to the curbline.
Exterior display areas shall not extend more than two feet from the building line into the sidewalk or beyond the building line of the permitted premises. Display areas shall be constructed from wood, metal or other similar material approved by the Commissioner of Development or such other person designated by the Commissioner. Display areas shall be finished in a manner aesthetically compatible with the surrounding building facades. The use of milk cartons, tables or other similar material to maintain display areas shall be prohibited.
Such permit may be granted only for sidewalks directly abutting the premises for which the primary use is the sale of fruit, vegetables, plants or flowers in conformance with Chapter 331, Zoning.
Satisfactory evidence of comprehensive liability insurance naming the applicant and the City, its officers, agents and employees as insureds, with limits of ($1,000,000/$2,000,000) for property damage and $1,000,000/$2,000,000 for personal injury shall be filed with the Commissioner.
The Commissioner of Development or such other person designated by the Commissioner may revoke any permit issued hereunder for noncompliance with any provision of Subsection C above after written notice to the holder of the permit, specifying the area or areas of noncompliance and setting a date for a hearing not less than three days after such notice. Failure to appear on the date set for such hearing shall be sufficient cause for the Commissioner to revoke the permit.
Any permit issued hereunder shall be revoked upon the third conviction for a violation of the requirements herein within a single permit term. Such revocation shall prohibit the grant of a new permit for 12 months from the date of the third conviction.
All violations, except as set forth hereinbelow, shall be punishable by a fine of not more than $100 for each violation. A second violation within the same permit term shall be punishable by a fine of not more than $250 for each violation. A third violation within the same permit term shall be punishable by a fine of not more than $500 for each violation. All subsequent violations within the same permit term shall be punishable by a fine of not more than $1,000 for each violation.
This section shall become effective immediately. However, existing permit holders shall be given 30 days to comply with the requirements herein.
[Added 9-16-2008 by Ord. No. 171-2008]
No bicycle shall be operated upon any public sidewalk in the Central Parking Area as demarcated on the Zoning Map in Chapter 331, Zoning. In addition, no bicycle shall be operated upon any public sidewalk outside the Central Parking Area, except by minors less than 16 years of age or by disabled persons who cannot walk.
[Added 4-17-2018 by Ord. No. 2018-69]
No skateboards, rollerblades or bicycles shall be operated inside any City-owned municipal parking facility unless traveling to designated bike racks within a facility.
An offense against the provisions of this article shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
Editor's Note: Added during codification.