[Adopted 9-22-1969 as Ch. 67 of the 1969 Code]
No person shall play baseball or football or
any other open or field sport upon the streets or public grounds within
said Village at any time or engage thereon in any act, amusement or
practice endangering property or persons.
No person shall coast, slide or skate upon,
into or over or across any of the streets or sidewalks in said Village.
All parades, processions, exhibitions and the
playing of bands or music upon the streets or public grounds in said
Village are hereby prohibited unless a permit or license therefor
in writing shall be granted by the Board of Trustees.[2]
[Amended 9-4-2001 by L.L. No. 2-2001; 10-2-2007 by L.L. No. 2-2007]
The owner or occupant of any lot adjoining any
of the streets or public places of said Village shall keep the trees
adjoining the sidewalk in front of said premises trimmed up to at
least 15 feet above the sidewalk. If any person neglecting or refusing
to trim such trees within 10 days after written notice requiring such
trimming has been served upon said owner or occupant, it shall be
the duty of the Village Engineer to cause such trees to be trimmed,
and the expense thereof shall be assessed against the adjoining land,
which shall be paid by such owner in addition to the penalty hereinafter
prescribed. Limbs overhanging road shall have a minimum clearance
of 15 feet.
No person shall pile up before any door or on
any sidewalk or street in said Village any boxes, casks, barrels,
cases, rubbish or other material.
No owner or occupant of any lands in said Village
shall allow any obstruction to the free and proper use by the public
of the sidewalks adjacent thereto to be or to remain thereon.
No provision contained herein shall prohibit
or prevent the erection and maintenance of public telephone booths
located at places approved by the Board of Trustees and erected in
accordance with the provisions of a permit granted by the Board of
Trustees for each such telephone booth and location. The consent in
writing of the abutting property owner shall be required in each case.
A written undertaking of the telephone company to indemnify and save
harmless the Village of Massena against liability resulting from the
installation and maintenance of telephone booths pursuant to such
permits shall be filed with the Board of Trustees as a prerequisite
to the granting of any permit hereunder.
No person shall place or leave any papers, dirt,
ashes or litter of any description or any refuse whatever from any
of the stores or offices located along the business section in said
Village in the baskets placed upon the street in the business section
for the purpose of providing means of disposing of street refuse.[1]
[1]
Editor's Note: Former § 246-11,
Cutting grass between sidewalk and curb, which immediately followed
this section, was deleted 9-4-2001 by L.L. No. 2-2001.
A.
No person shall place or deposit any lumber or other
building materials on any street or sidewalk in said Village, except
as hereinafter provided. The Board of Trustees may grant permission,
in writing, to any person to place and keep any building materials
in any of the public streets in said Village for the purpose of building
or repairs, but such permit shall not authorize the obstruction of
more than 1/2 of the sidewalk and 1/2 of the street opposite the lot
on which the erection of a building or the repairs are being made
and the person receiving such permit shall properly guard the public
from all damages or injuries resulting therefrom by the erection of
proper barriers and the maintenance of lights at night.
B.
Placement of materials on streets.
[Added 9-4-2001 by L.L. No. 2-2001]
(1)
No property owner shall allow or person shall place,
deposit nor push any material, to include but be not limited to, snow,
dirt, grass, leaves or any other substance into or across any Village-owned
or -maintained roadway.
(2)
Any person who drops or permits to be dropped any
material upon such roadways shall immediately remove the same or cause
it to be removed.
(3)
Every property owner and/or person failing to comply
with the above shall be liable to the penalty hereinafter prescribed
and in addition thereto shall pay the cost incurred by the Village
to remove material.
No person shall make any excavations or dig
for any ditch, trench or hole in any of the public streets or sidewalks
in said Village without first obtaining a permit therefor from the
Board of Trustees, and all such excavations shall be properly guarded
by barriers and lights to protect persons using said street or sidewalk
from damage or injury.
No person shall break or disturb any pavement
on any of the streets of said Village without first obtaining a permit
therefor from the Board of Trustees, and any person breaking or disturbing
such pavement shall be liable for all costs of replacement and damages
sustained thereby in addition to the penalty hereinafter prescribed.
No person shall, without the consent of the
Board of Trustees, in writing, alter the grade of any sidewalk, and
all sidewalks hereafter constructed in said Village shall be built
on grades established by the Village Engineer and shall be constructed
under his supervision.
[Amended 10-2-2007 by L.L. No. 2-2007; 12-5-2017 by L.L. No. 7-2017]
All sidewalks ordered to be built or repaired
by the Board of Trustees shall be so built or repaired at the expense
of the owner or occupant of the premises along which the same shall
be built or repaired. Additionally, responsibility and costs associated
with maintenance of sidewalks are solely borne by the property owner
of the premises of which same shall be maintained. The maintenance
of sidewalks shall also mean the removal of snow, dirt, ice, brush,
limbs, grass and any other material considered a hazard by the Superintendent
of Public Works. The hazard shall be removed within 24 hours of the
event causing such hazard.
[Amended 6-5-1984 by L.L. No. 5-1984; 10-2-2007 by L.L. No. 2-2007]
All new sidewalks hereafter constructed in said
Village shall be constructed of concrete or concrete paving brick.
The use of asphalt, sod, topsoil or other materials shall not be allowed.
Every person who shall refuse or neglect to
build or repair the sidewalk in front of his premises after being
notified to do so, according to the provisions of the Village Law
of this state and these ordinances, shall be liable to the penalty
hereinafter prescribed and in addition thereto shall pay the cost
incurred by the Village in building or repairing any such sidewalk,
which cost shall be assessed on the adjoining land benefited thereby
and shall be collected in the same manner as all other Village assessments.
No person shall put up, erect or suffer to remain
any sign, showcase or other thing projecting into or hanging over
the streets or sidewalks of said Village for a distance of more than
one foot from the premises of any such person, without having first
obtained permission, in writing, therefor from the Board of Trustees.
Any person violating any of the provisions of this section shall be
liable to the penalty hereinafter prescribed and the further penalty
of $10 for every 24 hours that such obstruction shall be suffered
to remain after notice has been given to the owner or occupant of
the premises to remove the same.
It shall be unlawful for any person, directly
or indirectly, at any time to keep, sell, offer for sale or display
any fruits, vegetables or other foodstuffs intended for human consumption
on any portion of a sidewalk, established by law, adjacent to any
building, enclosure, lot or private market used for the purpose of
retail or wholesale trade between the building and the curbline.
No person shall erect, construct or place or
cause to be erected, constructed or placed any building or structure
extending or projecting into or over any street in said Village. Any
person violating any of the provisions of this section shall be liable
to the penalty hereinafter prescribed and, in addition thereto, the
further penalty of $25 for every 24 hours that the same shall be allowed
to remain after notice to the owner or occupant of said premises requiring
such removal; provided, however, that such penalty shall not be incurred
by reason of any swinging awning attached to such building for the
purpose of shade, which awning shall not project into the street to
a greater distance than is occupied by the sidewalk and shall be not
less than seven feet in the clear above such sidewalk.
No person shall wash, clean or spray any motor
vehicle, wagon, truck or other vehicle within any of the public streets
of said Village or permit any such motor vehicle, wagon, truck and
other vehicle to remain in any such public street for the purpose
of being washed, cleaned or sprayed at any time of day or night.
The construction of driveways in any of the
public streets of the Village of Massena at variance with the street
and/or sidewalk grade is hereby prohibited.
[Amended 9-4-2001 by L.L. No. 2-2001]
A.
If any owner or occupant shall fail to comply with
any of the requirements set forth in this article, the Board of Trustees
may cause such work to be done and assess the cost thereof upon such
land to be collected the same as other Village assessments, which
shall be paid by such owner or occupant in addition to the penalty
hereinafter prescribed.
B.
A violation of any of the provisions contained in
this chapter shall constitute an offense punishable by a fine of not
less than $25 nor more than $50 or by imprisonment for not more than
three days for each violation, except that:
(1)
When the person was found to have violated any of
the provisions of this chapter within the preceding five years, the
fine may be of not less than $50 nor more than $100 or by imprisonment
for not more than seven days for each violation; and
(2)
When the person was found to have committed two or
more such violations within the preceding five years, the fine may
be of not less than $100 nor more than $250 or by imprisonment for
not more than 15 days for each violation.
C.
These penalties shall be in addition to any other
penalty provided by law. The Village may also seek injunctive relief
to prevent the continued violation of this article.
