[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 10-10-1962. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC HIGHWAY
- Any street open to the public for its full width from property line to property line, including the sidewalk area, whether or not installed.
- PUBLIC PLACE
- Any property available to, or open to use by, all or a majority of the property owners or residents of the Village of Atlantic Beach.
No person shall do, perform, suffer, cause or permit and it shall be unlawful for any person to do, perform, suffer, cause or permit any of the following acts or things within the corporate limits of the Village of Atlantic Beach without written permission from the Mayor or Village Clerk:
Dig, remove or carry away any stone, earth, sand or gravel from any public highway or public place.
Break, injure, destroy, cut down or remove any tree or shrubbery planted in or growing upon any public highway or public place, or to fail to remove broken or cut portions thereof after written notice from the Board of Trustees.
Plant any trees, hedges or bushes or construct any wall, fence or other obstruction or decorative structure within or upon any public highway or public place or to fail to remove same after written notice from the Board of Trustees.
Erect or maintain any building or structure or any part thereof wholly or partly within the lines of any public highway or public place or shall fail to remove any such building or structure after written notice from the Board of Trustees.
Fail to remove, after written notice from the Board of Trustees, any building or structures or any part thereof, owned by such person and now erected and existing wholly or partly within the lines of any public highway or public place.
Permit hedges, bushes or shrubbery to grow, or to construct any wall or other obstructions, upon privately owned property at the intersection of any public highways which obstructs the view of persons operating vehicles at or through such intersection and fail to remove same after written notice from the Board of Trustees.
Fail to keep any sidewalk or sidewalk area abutting property owned by or under the control of such person free of sand, dirt, weeds, rubbish and obstructions. For the purposes of this subsection, "sidewalk area" is defined as those portions of any public highway within four feet of the property line of land not within such highway.
Drive, ride, place or lead any motor vehicle, motor cycle or bicycle, upon or across any sidewalk or sidewalk area; for the purposes of this subsection, sidewalk area is defined as those portions of any public highway within 10 feet of the property line of any land not within such highway. This subsection shall not apply to that portion of the sidewalk or sidewalk area contiguous to public or private driveways.
Move any building or structure upon any public highway or public place; a permit from the Board of Trustees shall in no event be granted unless plans as to present structure and site, the moving route and the destination and future site, if within the Village of Atlantic Beach, are submitted to the Board of Trustees and filed with the Village Clerk, together with a public liability insurance policy issued by an insurance company licensed to do business in the State of New York, protecting the Village of Atlantic Beach against liability for personal injury to the extent of $100,000 for injury to any one person, and $200,000 for injury in one occurrence, in connection with the moving of such building, and against liability for property damage to the extent of $50,000 together with a bond of surety company licensed to do business in the State of New York in the principal sum of $10,000 guaranteeing the moving of said building, in accordance with the plans as filed and permit as issued.
Construct or install a drain within any public highway or public place.
After written notice from the Board of Trustees, all owners of land shall be required to trim the trees, shrubs, bushes and hedges in front thereof so that the branches or limbs shall not obstruct the passage along the sidewalk, street, highway or public place; or which branches or limbs obstruct the lights on poles or traffic signals to persons using the sidewalks, streets, highways or public place either as a pedestrian or operating a vehicle on the street or highway.
Every person convicted of a violation of any of the provisions of this chapter shall be punished by and subject to a fine of not more than $500 or imprisonment not to exceed 15 days, or both, for each such violation.
In the event of the failure of any person to remove materials or articles referred to in Subsections B, C, D, E, F or G or to trim the trees pursuant to Subsection K of § 168-2 of this chapter, the Board of Trustees of the Village of Atlantic Beach, or its duly authorized agents, servants or employees, may lawfully enter upon the premises on which said materials or articles are situated and remove the same, and the expense of such removal shall be a charge against the person or persons who have caused or maintained or failed to remove the same, and the amount of such expense may be sued for and recovered with costs by the Village of Atlantic Beach in any jurisdiction. Whenever execution upon any judgment recovered by said village, pursuant to the provisions of this chapter, against the owner of real property from which or adjacent to which such materials or articles were removed, shall have been returned wholly or partially unsatisfied, said judgment for the amount unsatisfied shall be a lien upon said premises and have preference over all other liens or encumbrances whatsoever. In the alternative, the expense of such removal hereinabove referred to may be added to the next levy of taxes by said village and be collected in the same manner as the real estate tax levied against said premises.