City of Albany, NY
Albany County
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Table of Contents
Table of Contents

§ 323-1 Defacing; littering.

§ 323-2 Exposing goods for sale.

§ 323-3 Erecting or fixing any post or posts.

§ 323-4 Signs, pipes or gutters projecting into or over streets.

§ 323-5 Obstruction of streets and sidewalks.

§ 323-6 Removal of persons from City streets or vacant grounds.

§ 323-7 Alteration of posts, stakes and marks.

§ 323-8 Cake and fruit stands.

§ 323-9 Sale of bulky articles.

§ 323-10 Windows.

§ 323-11 Awnings.

§ 323-12 Lower edge of awning.

§ 323-13 Display of wares in front of store, house or building; requirements.

§ 323-14 Balcony; requirements to erect.

§ 323-15 Merchandise exposed or sold upon a balcony.

§ 323-16 Using streets for advertising; requirements; bond; approval by Mayor.

§ 323-17 Digging in public streets or lots prohibited.

§ 323-18 Paving streets; required regulations.

§ 323-19 Pavement taken up for drains or sewers; owner's expense.

§ 323-20 Refusal of owner to repair street.

§ 323-21 Snow and ice removal from sidewalks and streets.

§ 323-22 Commissioner of General Services; cleaning snow and/or ice off sidewalks; costs.

§ 323-23 Fine.

§ 323-24 Repealer.

§ 323-25 Severability.

§ 323-26 Steamboat Square; snow dumping.

§ 323-27 Penalties for offenses.

§ 323-28 Street cleaning; sprinkled with water.

§ 323-29 Incompleted pavement.

§ 323-30 Damage to sidewalks.

§ 323-31 Connection to common drain or sewer prohibited.

§ 323-32 Persons desiring connection; requirements.

§ 323-33 Commissioner of Public Works; duty of.

§ 323-34 Street crossings kept open for passage.

§ 323-35 Crosswalks.

§ 323-36 Area in front of buildings.

§ 323-37 Area enclosed with railing; gates open inwards.

§ 323-38 Opening for descent from street to basement.

§ 323-39 Vault or cistern; permission required.

§ 323-40 Cistern; requirements before construction.

§ 323-41 Specifications to build cisterns.

§ 323-42 Grates of vaults.

§ 323-43 Removal of grates.

§ 323-44 Replacement of grates.

§ 323-45 Curbstones.

§ 323-46 Grade and level of sidewalks; exception.

§ 323-47 Construction at level different from established level.

§ 323-48 Water boxes and/or gas boxes leveled with sidewalks.

§ 323-49 Owners neglecting to conform.

§ 323-50 Gas cutoff valves.

§ 323-51 Authority to relocate certain cutoff valves.

§ 323-52 Sleds.

§ 323-53 Penalties for offenses.

§ 323-54 Moving of buildings.

§ 323-55 Application to remove building; issuance of permit.

§ 323-56 Disturbance of lampposts and electrical appliances; trees.

§ 323-57 Responsibility to maintain light at night.

§ 323-58 License required; bond.

§ 323-59 Resolved; patent pavements prohibited.

§ 323-59.1 Neighborhood traffic calming.

§ 323-1 Defacing; littering.

[Amended 5-19-2008 by Ord. No. 25.42.08]
No person shall, in any manner, interfere with, disturb, dig, take up or deface, mutilate or in any manner injure any of the drains, streets, pavements, sidewalks, docks, wharves, bridges, or any part of the pier, without the consent of the Commissioner of Public Works, nor throw or empty any straw, ashes, refuse or coal, vegetables, bottles, broken glass, crockery, wood, garbage, bones or other hard or bulky substances into any privy, drain, vault, sewer, stream, lot, street, bridge, lane or alley, nor in any manner interfere with the Commissioner of Public Works, or any of the Superintendents of Streets in the discharge of their duties, or any contractor or employee, while acting pursuant to any law or ordinance or resolution of the Common Council, under a penalty of not less than $50 nor more than $250; nor shall any person, under a like penalty, throw, deposit, strew or litter on any street, sidewalk, square or park in the City of Albany or cause to be thrown, deposited, strewn or littered thereon any paper or other substance having any printed or written matter thereon or pictures with the intent to advertise or attract public attention to any subject, thing or event.

§ 323-2 Exposing goods for sale.

No person with any wagon, cart, sled or other carriage containing wood or other lumber shall stand to expose the same for sale in any part of State Street east of the line north and south across said street from the west side of James Street; nor shall any person with any wagon, cart or other carriage or in any other manner stand or remain to sell or expose for sale any clothing, dry goods, tinware, boots, shoes, hats, caps, hardware, jewelry, fancy goods, cutlery, stationery, printing types, musical instruments or brushes in or upon any of the public streets, squares or lanes of the City; and any breach of this section shall subject the offender to a penalty of $5 for each offense.

§ 323-3 Erecting or fixing any post or posts.

Any person erecting or fixing any post or posts in any of the streets or lanes or in any of the sidewalks of this City or causing or directing the same to be done, unless under the direction of the Commissioner of Public Works and with the consent of the Mayor or said Commissioner of Public Works previously obtained, shall incur a penalty of $1; and for every eight days after the first conviction that said post or posts shall so remain put up or affixed, the further sum of $1, and the Commissioner of Public Works or any police justice may direct said post or posts to be cut down or removed.

§ 323-4 Signs, pipes or gutters projecting into or over streets.

Any owner, tenant or occupant of any dwelling house, store, shop or other building who shall fix, put up or erect any sign projecting into or over any street, sidewalk or lane above 18 inches shall incur a penalty of $5 for every such offense, and for the continuance thereof after such conviction, for every five days, $1; and the like penalty of $5 shall be incurred by any owner, tenant or occupant who shall permit or suffer any conductor, gutter, pipe or spout for receiving and conveying water from the roof of any house or other building to project into any street or lane, except if such conductor, pipe or spout shall be affixed close to the walls of such house or building; and if, after the first conviction, the same shall not be altered into conformity with this article or removed or if any sign projecting as aforesaid over 18 inches shall not be removed after the first conviction, then, and in every or either such case, the Commissioner of Public Works or police justice or officer or member of the police force of said City is authorized to remove or cause the same to be removed; and any person who shall hinder or obstruct the Commissioner of Public Works, police justice, police officer or any person authorized or directed to remove the same by said Commissioner or police justice or police officer, in the execution of his duty, shall incur a penalty, for the first offense, of $10, and for every subsequent offense, $25. No conductor, gutter, pipe or spout or structure erected after the adoption of this chapter shall carry its contents so as to run upon or flow over or across any sidewalk or pavement in this City, under a penalty of $5 for each day that the provisions of this section are violated, to be paid by the owner, tenant or occupant so offending as aforesaid.

§ 323-5 Obstruction of streets and sidewalks.

[Added 2-19-1987]
No person shall obstruct any street, sidewalk, driveway or alley without first obtaining a barricade permit from the Building Commissioner. Violations of this section are subject to the remedies and penalties of Chapter 375, Zoning, of this Code.

§ 323-6 Removal of persons from City streets or vacant grounds.

Any person or persons who shall use or occupy any of the streets or lanes, or any vacant ground belonging to the City, may be removed from such occupancy by a resolution of the Common Council, and the person or persons refusing or neglecting to comply with such resolution shall incur a penalty of $25 for each day's refusal to remove therefrom.

§ 323-7 Alteration of posts, stakes and marks.

If any person shall, with intent to alter the pitch, grade or level any street, alley, lane or square, remove, alter or deface any post, stake or mark fixed or placed by the Commissioner of Public Works, Superintendents, the City Engineer and Surveyor or any other person under his or their direction, such person shall incur a penalty of $25 for each offense.

§ 323-8 Cake and fruit stands.

No person shall erect or place a stand for the sale of cakes or fruits in any of the streets or lanes of this City without first obtaining the consent of the owner or occupant of the principal story of the building in front of which the stand is to be erected or placed, under a penalty of $5; and any such stand shall be liable to be removed at any time by the Mayor or Commissioner of Public Works; nor shall any such be placed so as to project upon the sidewalk beyond the line to which the stoops of the building would be allowed by law to extend, under the penalty of $5.

§ 323-9 Sale of bulky articles.

The Mayor may license, upon the payment of a fee, to be fixed by him, not exceeding $25, any auctioneer of the City of Albany to sell in the public streets in front of the store occupied by him horses, wagons, carriages, sleighs, secondhand household furniture and such bulky articles as cannot conveniently be sold in his store, but no such articles shall be placed in the street more than one hour before the time of sale nor placed so as to obstruct or hinder the free use of the street as a public highway, nor shall they be placed within 10 feet of any crosswalk; and all such articles shall be removed within one hour after the sale, whether sold or not. In all cases of any violation of either of the provisions of this section, the auctioneer by whom or by whose direction any such article was placed in the street shall be liable to have his license revoked by the Mayor and to pay a penalty not exceeding $25 for each offense.

§ 323-10 Windows.

No bow window, bay window or oriel window or other window, except show windows for business purposes on store fronts, shall be put up, constructed or maintained in, upon or over or into any of the streets or highways, lanes or alleys or any public square or avenue or over or into any sidewalk of this City more than two feet six inches from the line of the street to the exterior line of said window; nor shall any such window be erected, except from the second and above the principal story of the building to which it belongs; and the floor line of any such window shall not be lower than the floor line of said second story of such building; and in no case be less than 10 feet above the grade line of the sidewalk; nor shall any show window for business purposes on store fronts, canopy or other fixture, not above mentioned, project more than 18 inches over any sidewalk in any street, avenue or public place in this City; and no stoop or steps shall extend more than a one-eleventh (1/11) part of the breadth of said street or avenue; nor in any case more than eight feet from the building to which it belongs; nor shall any cellar door or platform extend into and upon any sidewalk or street more than three feet; and any person or persons guilty of violating these regulations or any of them shall incur a penalty of $25 for each offense and a like penalty for every day any such offense shall be continued; provided, however, that nothing in this section contained shall apply to the putting up of awnings made of cloth or canvas.

§ 323-11 Awnings.

No awning shall be put up or maintained in any street of the City at a greater height, measuring from the inside thereof next to the building in front of which it is, than the height of the sills of the second story windows of such building; and no awning extending beyond the stoop or platform of any buildings shall be put up or maintained in any of the streets of this City, unless the same shall extend over and across the sidewalk in front of said building, and all posts fixed in any street for the purpose of supporting an awning shall be of iron, and said posts shall be placed next to and along the inside of the curbstone, and shall be at least nine feet in height, and where said posts shall be connected the connection shall be with iron rails, and the rails shall be at least eight feet above the sidewalk; and any person who shall erect or maintain an awning contrary to this regulation shall incur a penalty of $5, and a like penalty for every day he shall keep up such awning, after notice in writing from the Chief of Police, who is hereby authorized to remove the same if it be not taken down after notification.

§ 323-12 Lower edge of awning.

No part of any cloth or canvas used for any awning shall hang down over the sidewalk, unless the lower edge thereof be at least eight feet above the pavement; and any person violating this regulation shall incur a penalty of $5 for each day he shall offend against it.

§ 323-13 Display of wares in front of store, house or building; requirements.

[Amended 2-23-1995 by Ord. No. 81.121.94[1]]
No person shall hang out or suspend over any street in the City any goods, wares, merchandise or other thing in front of his or her store, house or other building, at a greater distance therefrom than three feet or so as to reach more than four feet above the pavement; and whoever shall offend against the provisions of this section shall incur a penalty of not more than $100 for the first offense; a fine of $250 shall be imposed for a second offense; and a fine of $500 shall be imposed for every subsequent offense; provided, however, that nothing in this section contained shall apply to fixtures or awnings, or to articles in the course of transportation in or out of any building.
[1]
Editor's Note: This legislation was adopted in the 1983 Code numbering and was redesignated by the Editor to fit the 1995 Code format.

§ 323-14 Balcony; requirements to erect.

No balcony shall be erected in this City without written permission from the Commissioner of Public Works; nor shall any be erected except from the second story of the building to which it belongs; nor shall any balcony project over the street more than three feet, or be otherwise constructed than with iron braces and railing; and whoever shall violate any of these regulations shall incur a penalty of $10 for each offense, and a like penalty for every day such offense shall be continued after one conviction; and the offense shall be taken as continuing, within the meaning of this section, so long as the balcony erected or constructed contrary to said regulations shall remain, and the permission or other requirements aforesaid shall not be obtained or complied with.

§ 323-15 Merchandise exposed or sold upon a balcony.

No goods, wares, merchandise, manufactures or other articles shall be placed or exposed to show or for sale upon or from any balcony in this City, under the penalty of $10 for each offense.

§ 323-16 Using streets for advertising; requirements; bond; approval by Mayor.

No person shall erect or maintain, or cause to be erected or maintained, any box, board, or other article or thing, or use any tree box in any street of the City for the purpose of signs or advertising, nor swing or hang, or cause to be swung or hung, any flag or awning across any of the streets or sidewalks in the City for a like purpose, unless he shall first have obtained the consent of the Common Council by a two-thirds (2/3) vote of all the members thereof, approved by the Mayor, under a penalty of $10 for every day the same is maintained. And the Chief of Police is hereby authorized to remove any box, board, flag, awning or other article maintained contrary hereto, and to enter upon or in any building or premises for that purpose. The Mayor may give permission in writing to any person or persons to occupy, for a term not exceeding six months, any portion of a street or sidewalk, not exceeding one-fourth (1/4) part of either, for business or manufacturing purposes; but no such permission shall be operative until the person or persons to whom such permission is granted shall make and execute a bond, with sufficient sureties, to be approved by the Mayor and filed in his office, conditioned for the protection and indemnity of the City of and from any and all costs, charges, claims or damages arising from or growing out of any article or thing placed upon or in said sidewalk or street pursuant to said premises.

§ 323-17 Digging in public streets or lots prohibited.

[Amended 5-19-2008 by Ord. No. 25.42.08]
Any person digging, taking or carrying away any earth or sand from any of the streets, lanes or alleys, or from the public squares, or from any of the lots belonging to the City of Albany (except in pursuance of some law or resolution of the Common Council, or by virtue of some order of a magistrate, or the Board of Health, for the removal of nuisances or obstructions), shall incur a penalty of $250 for every offense.

§ 323-18 Paving streets; required regulations.

A. 
The following regulations shall be observed touching all streets in this City which shall be paved or repaved, that is to say: The sidewalks or footpaths shall be paved or flagged or reflagged with one or more courses of flagstone of sound and durable quality, each stone to be not less than four feet wide, extending crosswise with the walk, not less than two feet six inches long and not less than two inches thick; the upper surface to be dressed smooth and the edges to be dressed straight and square, and to be laid through the center of the walk, outside of the stoop line. The remaining width of walk to be covered with smooth, hard-burned paving bricks, unless otherwise ordered by the Common Council. The bricks shall be properly pounded and covered with clean, coarse sand; and the brick and flagstone walks shall have not less than six inches in depth of clean coarse black sand or gravel under the same.
B. 
The sidewalks shall be supported by curbstones of the best quality of north river blue stone, not less than three feet six inches long, and to be of uniform thickness of four inches, and to be 20 inches in depth, with the face and upper edge dressed to a line, and the top cut to a uniform bevel with the front, and the ends dressed to make close joints. The corners of streets shall be provided with cut blue stone circular curb in sets of three pieces each, each piece three feet long, of the same thickness and width as the curb in the other portions of the street, and to be out to the radius required for the intersection of the curb. The curb shall be set truly to the lines and grades upon not less than one foot in depth of clean coarse black sand, and the curbstone shall have one foot in width of said sand back of the curb and for one foot in depth below. The width of the sidewalks, measuring from the outer line of the street on each side, shall be as follows:
(1) 
In all streets 20 to 25 feet wide, four feet.
(2) 
In all streets 25 to 30 feet wide, six feet.
(3) 
In all streets 30 to 35 feet wide, eight feet.
(4) 
In all streets 35 to 40 feet wide, nine feet.
(5) 
In all streets 40 to 45 feet wide, 10 feet.
(6) 
In all streets 45 to 50 feet wide, 11 feet.
(7) 
In all streets 50 to 55 feet wide, 12 feet.
(8) 
In all streets 55 to 60 feet wide, 13 feet.
(9) 
In all streets 60 to 65 feet wide, 14 feet.
(10) 
In all streets 65 to 70 feet wide, 15 feet.
(11) 
In all streets 70 to 75 feet wide, 16 feet.
(12) 
In all streets 75 to 80 feet wide, 17 feet.
(13) 
In all streets 80 to 85 feet wide, 18 feet.
(14) 
In all streets 85 to 90 feet wide, 19 feet.
(15) 
In all streets 90 to 95 feet wide, 20 feet.
(16) 
In all streets 95 to 100 feet wide, 21 feet.
(17) 
ln all streets 100 feet or more wide, 22 feet.
(18) 
In all streets and alleys less than 20 feet wide, one course of bridge crosswalk stone two feet wide shall be used in place of flag and curb; and upon streets not curbed and paved, one course of flagstone shall be laid instead of plank.
C. 
The grades of the several streets and avenues shall regulate the curb height; and the grade of the sidewalk and carriageway shall be regulated from such curb height. The sidewalk shall ascend from the curb to the back of the walk on one plane, at the rate of one-half (1/2) inch for each foot; and the depth of gutter and crown of street and the pavement at the intersecting of streets shall be regulated in accordance with the following directions, namely: The gutters to be not less than six inches nor more than nine inches in depth below the curb height, unless otherwise ordered by the Board of Contract and Supply; and in the carriageway of streets paved with cobblestone, for every 24 inches the carriageway shall measure from the curbline of the middle of the street, the arch or rounding thereof shall be raised one inch, but not to exceed nine inches in the height of the crown above the gutter; and when the carriageway shall be paved or repaved with granite or other block pavement, such arch or rounding shall not exceed one inch rise for every three feet the carriageway shall measure from the curb or gutter line to the middle of the street. That part of the street between the sidewalks shall be a cartway or passage for carriages and other vehicles. It shall have a gutter or kennel upon each side thereof next adjoining the footpath, and shall be paved with good and sufficient stone. When cobblestones are used in paving or repaving, the following specification and regulation shall be complied with, namely: The cobblestone shall be sound, not less than six nor more than 10 inches in their greatest length, and to be paved with the longest diameter perpendicular to the grade line or surface of the street, and to be placed close together, to give a good and sufficient bond to keep the stone in place, and to be paved upon a bed of clean coarse sand, free from loam, and 18 inches deep, measuring from the upper surface of the pavement; the pavement to be well and thoroughly pounded or rammed to a firm, unyielding bed, with a uniform surface, and covered with clean coarse gravel one inch deep. When granite block or other stone block pavement is laid, the following specification and regulation shall be complied with, namely: The stone blocks shall be equal in quality, form and finish to the best standard blocks heretofore furnished and laid in paving the several streets in this City, and not less than three and one-half (3 1/2) nor more than five inches wide across their upper and lower faces; not less than seven nor more than eight inches deep, and not less than eight nor more than 14 inches long, except where shorter stones are necessary to fill out lines of pavement, and shall be substantially square and smooth on all their faces, and at least one-half (1/2) of the stone to be 10 inches or over in length; and the blocks of the several lengths shall be distributed generally through the paved surface of the street, so as to produce nonuniformity in the length of the stone; and that said stone be placed in such position and location, and the carriageway formed in such manner, as to make the most substantial and durable pavement. Such stone to be selected so as to make each course uniform in width, and be paved with their longest dimensions perpendicular to the center line of the street, and upon straight lines across the carriageway, except at an intersecting street, and to be placed close together, to give a good and sufficient bond to keep the stone in place, and paved upon a bed of clean coarse black or river sand, free from loam, and not less than 12 inches deep. All the blocks of pavement shall be well and thoroughly pounded or rammed with a uniform force and weight to a firm bed, and all stones which settle below the grade line shall be raised by the person pounding and reset and repounded until the stone blocks are brought to a uniform surface and unyielding bed. The paving sand shall be swept into the joints of the stone, the surplus of sand removed, and the pavement covered with clean coarse gravel one inch deep. Crosswalks known as "Belgian bridge stone" are to be laid at the intersection of streets, and near the center of blocks, two courses of stone each, each course two feet wide and not less than five nor more than eight inches thick, and not less than three feet six inches nor more than six feet long, with straight and square edges, to be laid in the usual manner, upon not less than 12 inches of sand. Sewers shall be laid in the street before the paving of the surface thereof; and all street sewers 20 inches and under in diameter shall be constructed of vitrified stoneware pipes, fitted with socket joint and branches for house connections. The joints of the sewer pipe and house drains shall be packed with cement mortar. All sewers over 20 inches in diameter shall be constructed of hard-burned bricks, two rings thick, laid in cement mortar of the usual quality. Such pipe and brick sewers to be in size proportioned to the work performed, and laid in straight lines upon true grades, and properly curved at the intersection of streets. House drains extending from the street sewers shall be constructed of vitrified sewer pipe, not exceeding eight inches in diameter, and properly trapped between the sewer and house line.
D. 
Whoever shall be guilty of violating any of the above regulations shall incur a penalty of not less than $75 nor more than $325 therefor. It shall not be lawful for any person to use coal ashes or coal dust in paving any of the streets in this City, and any person violating this provision shall incur a penalty of $15 therefor.
[Amended 5-19-2008 by Ord. No. 25.42.08]

§ 323-19 Pavement taken up for drains or sewers; owner's expense.

The owner of any house, other building or lot fronting upon any street in this City shall, at his own proper charge and expense, keep and maintain in good repair, and level, pitch and pave so much of said street to the middle thereof, as lies in front of his said house, building or lot, and repair so much of the same as may be from time to time taken up for making drains or sewers, and shall perform the duties imposed by this section at such times and in such manner as shall be required by law; and if any such owner shall refuse, neglect or delay to perform any of the aforesaid duties, when so required, he shall incur a penalty of $5 for each day's neglect or refusal so to comply with such requirements.

§ 323-20 Refusal of owner to repair street.

If any such owner shall refuse, neglect or delay to make, repair or keep and maintain in repair his aforesaid proportion of any such street in the manner aforesaid, after he shall have been legally notified so to do by the Commissioner of Public Works, as provided by Title 10 of Chapter 298 of the Laws of 1883, and the laws amendatory thereof supplemental thereto, it shall be lawful for such Commissioner of Public Works, at the expiration of such 10 days from the giving of such notice, to cause the work or repairs to be done (and that without advertising for proposals for the same) and, when completed, to cause an account and apportionment of the expense thereof to be made and returned according to the provisions of said Chapter 298 of the Laws of 1883.

§ 323-21 Snow and ice removal from sidewalks and streets.

[Amended 12-21-1987; 3-7-2005 by Ord. No. 3.21.04; 8-1-2011 by Ord. No. 34.22.10]
A. 
Within 24 hours of the cessation of a snowfall and at such other occasions requiring the same, every owner or occupant of any house or other building and the owner or proprietor, lessee or person entitled to the possession of any vacant lot, parking lot or gasoline service station and every person having the charge of any church, cemetery, jail or other public building in this City shall clear the sidewalks in front of such house or other building and in front of such lot of snow and ice and keep them conveniently free therefrom or shall, in case the snow and ice are so congealed that they cannot be removed without injury to the pavement, cause said snow and ice to be strewn with ashes, sand or the like and shall also at all times keep such sidewalk clean and free from all dirt, filth or other obstruction or encumbrances so as to allow the use of said sidewalks in an easy and commodious manner.
B. 
In no event shall any owner or proprietor, lessee or person entitled to the possession of any vacant lot, parking lot, gasoline service station or public garage cast, shovel or otherwise deposit snow and/or ice in the roadway of any public street in the City of Albany or upon any public sidewalk and/or crosswalk in said City.
C. 
The Commissioner of General Services shall promulgate rules to gather complaints and shall deploy the necessary personnel to investigate complaints and issue a notice to clear the sidewalk if necessary within 24 hours of such complaint. If such complaint is brought against a county, state, or federal entity, that entity shall be notified of the complaint and urged to clear the sidewalk within 24 hours.

§ 323-22 Commissioner of General Services; cleaning snow and/or ice off sidewalks; costs.

[Amended 12-5-1994 by Ord. No. 75.111.94[1]; 12-20-1999 by Ord. No. 35.121.99; 3-7-2005 by Ord. No. 3.21.04]
A. 
Where there has been a failure to comply with the requirements of § 323-21 within 24 hours, the Commissioner of the Department of General Services or his or her designee may, in his or her discretion, cause said sidewalk to be cleaned of snow and/or ice, the cost of which shall be charged to the owner of the property adjacent thereto, and, if unpaid within the time prescribed, shall be added to the tax bill assessing said property, which shall be and remain a lien against the property upon or adjacent to which the work is done and collected by the City from the owner of such property in the same manner as taxes are collected. The City may institute an action at law against such owner, owners or occupants to recover the cost thereof, which remedy shall be in addition to the right to assess the cost as a lien against the property. In no event shall such charge be less than $75.
[Amended 5-19-2008 by Ord. No. 25.42.08]
B. 
No costs assessed herein shall be added to the tax bill nor shall any legal action be instituted by the City to recover such costs until the owner(s) or occupant(s) to be charged have been afforded an opportunity to be heard at a hearing convened by the Commissioner or his/her designee(s) in accordance with rules promulgated by the Commissioner to effectuate the same. A defense to an action instituted by the City as herein provided shall be the physical impairment of the owner or occupant.
[1]
Editor's Note: This legislation was adopted in the 1983 Code numbering and was redesignated by the Editor to fit the 1995 Code format.

§ 323-23 Fine.

[Amended 3-7-2005 by Ord. No. 3.21.04; 5-19-2008 by Ord. No. 25.42.08; 8-1-2011 by Ord. No. 34.22.10]
A. 
Violation of § 323-21 shall be punishable by a fine as follows:
(1) 
For a first violation: $100.
(2) 
For a second violation within three months of the first violation: $200.
(3) 
For a third violation within three months of the first violation: $300.
(4) 
Each subsequent violation within six months of the first violation shall result in a fine of $300.
B. 
Said fine shall be in addition to any other provisions for enforcement contained in this chapter.

§ 323-24 Repealer.

All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed.

§ 323-25 Severability.

If any section, part of section, sentence, clause or phrase of this chapter shall be held to be unconstitutional or invalid, the remaining provisions hereof shall nevertheless remain in full force and effect.

§ 323-26 Steamboat Square; snow dumping.

No person shall cast, throw or dump any snow or ice into or upon the Steamboat Square, at any place between the river and the crosswalk which runs on the east side of Broadway, between Madison Avenue and Hodge Street, except that the snow and ice from the sidewalks on the north side of Hodge Street and the south side of Madison Avenue, between Broadway and the river may be shoveled or cast thereon.

§ 323-27 Penalties for offenses.

Any person violating the provisions of this chapter shall be liable to a penalty of $5 for each and every offense.

§ 323-28 Street cleaning; sprinkled with water.

Every owner or occupant or person having charge of any house, building or vacant lot, in any of the streets of this City now paved or which shall hereafter be paved (excepting such lots on which buildings are being erected or on which materials for buildings or paving are laid) shall cause that part of the street on which any such house, building or lot may front, to the middle thereof, to be swept or scraped and the dirt or manure to be collected in heaps convenient to be carted away, at such times as now are or may hereafter be prescribed by the Commissioner of Public Works, the Chief or Captains of Police; and previous to its being swept or scraped, said street shall be sufficiently sprinkled with water, so as to prevent the dust from rising; and every owner, occupant or person having charge of any house, building or vacant lot on Quay Street, fronting on the public wharf, shall cause such part of said street on which said house, building or lot may front, to be swept or scraped from each extremity of the pavement to the middle of said street, and the dirt or manure to be collected in heaps convenient to be carried away; and for each and every neglect or refusal to comply with this section, or any part thereof, the owner or occupant of any such house or lot shall forfeit the sum of $1.
A. 
No person who shall have contracted to remove the dirt from any street, lane or alley in this City, shall allow the same to remain after the time has elapsed within which the same should have been removed by him, under penalty of $10 for each offense in each such street, lane or alley. Any person may remove the dirt so left by said contractor, after the time has elapsed in which said contractor should have removed the same, and may maintain an action to recover said penalty, on the bond given by said contractor for the performance of his contract, in the name of the City, and recover therein the penalty in this section prescribed.
B. 
No person shall commence an action under this section, in the name of the City (except the City Treasurer and the captains and officers of police), unless he shall first file a bond with the street department, with sufficient surety to be approved by the Commissioner of Public Works, conditioned to pay all costs that may be awarded against said City in such suit, and after said bond is given and sureties approved, such person may prosecute any suit under this section, in the name of the City, for any violation of said section, and shall be entitled to receive from the City Treasurer half the amount of any recovery in such suit.

§ 323-29 Incompleted pavement.

No person shall, with a cart, wagon or other carriage, pass over any pavement which has not been completed, or is not well settled, or at which any person shall be then at work, under the penalty of $5 for every offense; but no person shall be liable to any penalty under this section, until notice has been given him not to pass over or upon any such pavement; and it shall be the especial duty of the City Superintendent, and the men employed in the making or laying of such pavement, to give such notice; provided, nevertheless, that such notice shall not be necessary if any railing, fence or other obstruction is placed around or about any pavement to secure the same against any cart, wagon or other carriage passing over it; but such railing, fence or other obstruction shall be deemed a sufficient notice to all persons whomsoever.

§ 323-30 Damage to sidewalks.

[Amended 5-19-2008 by Ord. No. 25.42.08]
Any person who shall injure or tear up any pavement or sidewalk, or any part thereof, without due authority, or who shall hinder or obstruct the making or repairing of any pavement or sidewalk which is or may be making or repairing, under any law or resolution of the Common Council, or who shall hinder or obstruct any person employed by the Common Council, or by the Commissioner of Public Works, Superintendents, Street Department, Board of Contract and Supply, or either of them, in making or repairing such pavement or sidewalk, shall, for every offense, incur a penalty in the sum of $325.

§ 323-31 Connection to common drain or sewer prohibited.

[Amended 5-19-2008 by Ord. No. 25.42.08]
No person shall be permitted to make, construct or lay any drain or sewer from his lot to connect with or enter any common drain or sewer which has been made or constructed under any law requiring the expenses thereof to be assessed upon the houses and lots benefited by the construction of such common drain or sewer, unless the house and lot or lot of ground from which such drain is laid to connect or enter into such common drain or sewer shall have been included in such assessment as one of the houses and lot or lots of ground benefited by the construction thereof, except under the provisions hereinafter mentioned and contained; and any person who shall violate this section shall be subject to a penalty of $325 for so connecting with or entering into such common drain or sewer, and of $25 for every day thereafter such connection shall continue.

§ 323-32 Persons desiring connection; requirements.

The owner of any house or lot, or lot of ground, who shall desire to connect his drain with any common drain or sewer, for the construction of which his house and lot, or lot, shall not have been assessed, shall be entitled to do upon leaving a written notice with the Commissioner of Public Works describing, with sufficient certainty, the situation of his lot, and the common drain and sewer he desires to connect his drain from said lot with, and paying to the City Treasurer such sum of money for the privilege, as shall be determined in the manner hereinafter stated.

§ 323-33 Commissioner of Public Works; duty of.

Whenever any such notice shall be left with the Commissioner of Public Works, it shall be the duty of the Commissioner of Public Works, forthwith, upon a personal examination of the ground, to ascertain and determine, in writing, what sum of money shall be paid by any such applicant for such privilege, having regard to the location of said lot of ground, and the original expense of constructing such common drain or sewer, and to file such determination with the City Treasurer; and before such applicant shall enter his drain into, or connect it with such common drain and sewer, he shall pay to the City Treasurer the sum of money so directed to be paid, unless the Common Council or Board of Contract and Supply, upon application made to the Board, shall see fit, by resolution for that purpose, to alter such amount so determined upon by the Commissioner of Public Works.

§ 323-34 Street crossings kept open for passage.

Whenever any two streets in the City shall cross each other, their crossing shall be kept clear so as to leave a passage over it, in the direction of each street, of 25 feet in width, free from all vehicles, excepting such as may be actually passing without unnecessary delay; and at every corner made by two streets, whether they cross or not, a passage around such corner 25 feet wide, and extending back into each street 20 feet beyond said corner, shall be kept free from all vehicles except those actually passing without unnecessary delay. And whosoever shall stop with any vehicle, or leave the same standing upon any such crossing or near any such corner, so as to interfere with any such passage, except it be while necessarily delayed in passing, shall incur a penalty of $1 for every offense.

§ 323-35 Crosswalks.

All crosswalks within this City shall be reserved and kept free from any sleighs, wagons, carts or carriages being placed thereon, except so far as may be necessary in passing or repassing the same, without continuing thereof any longer; and the owner or driver of any sleigh, wagon, cart or other carriage, offending in the premises, shall forfeit $2; and no sleigh, wagon, cart or other carriage shall stand or be placed within five feet of any crosswalk in State Street, under the penalty of $2 for each offense.

§ 323-36 Area in front of buildings.

[Amended 5-19-2008 by Ord. No. 25.42.08]
No area in front of any building in the City of Albany shall extend in any street more than 1/15 part of the width thereof, nor more than four feet, measuring from the inner wall of such area to the building, nor shall the railing of such area be placed more than six inches from the inside of the coping on the wall on such area, and said coping shall be placed level with the sidewalk, under the penalty of $35, to be recovered severally from both the owner and builder of such area.

§ 323-37 Area enclosed with railing; gates open inwards.

[Amended 5-19-2008 by Ord. No. 25.42.08]
Every area shall be enclosed with a railing, the gates of which shall be so constructed so as to open inwards, under the penalty of $35, to be recovered severally from both the owner and the builder of such area.

§ 323-38 Opening for descent from street to basement.

[Amended 5-19-2008 by Ord. No. 25.42.08]
No opening for descent from any street or alley into the cellar or basement of any building shall be of greater width than four feet between the walls or railings thereof; and the sides of every such opening shall be well and sufficiently guarded by walls or railings; and every person owning or building any such opening contrary to these regulations in any respect shall severally incur a penalty of $35 for each offense.

§ 323-39 Vault or cistern; permission required.

[Amended 5-19-2008 by Ord. No. 25.42.08]
No person shall cause or procure any vault or cistern to be constructed or made in any of the public streets of the City of Albany without permission of the Common Council of said City, under a penalty which shall not exceed $500; and the master builder, by whom and under whose direction such vault or cistern will be constructed or made, shall also be liable to a like penalty.

§ 323-40 Cistern; requirements before construction.

Before commencing such construction, the person applying for permission shall pay to the City Treasurer of the City of Albany such sum, not exceeding $20 nor less than $5, as shall be required by the Common Council; and if any such vault or cistern shall be made or constructed of greater dimensions than specified in the permission given by the Common Council, the owner thereof and the master builder, by whom and under whose direction the same shall have been made or constructed, shall each incur a penalty in the sum of $10 for every square foot of ground occupied by such vault or cistern over and above the number of square feet specified as aforesaid.

§ 323-41 Specifications to build cisterns.

All vaults or cisterns which shall be hereafter constructed or made in the streets as aforesaid shall be constructed or made of brick or stone, and the top of the vaults well secured, and the outer side of the grate or opening into the street shall be within 12 inches of the line of the outside of the curbstone of the sidewalk, or else within 12 inches of the coping of the area of the house to which such vault belongs; and any person or persons violating any of the provisions of this section shall incur a penalty of and pay the sum of $25 for each offense, to be paid by the owner or person constructing such area, vault or cistern.

§ 323-42 Grates of vaults.

All grates to such vaults shall be made of iron, the bars of which shall be three-fourths (3/4) inch wide and one-half (1/2) inch thick, and not more than three-fourths (3/4) inch apart, under the penalty of $25 to be paid by the owner or owners of the vault over which such grate shall be placed.

§ 323-43 Removal of grates.

No person shall remove, or cause or procure to be removed, any grate or covering to the opening or aperture of any vault in the streets of said City without enclosing such aperture during the time which such grade or covering is removed with a strong box or curb, at least 12 inches high, and firmly securing the same, under the penalty of $5 for each offense.

§ 323-44 Replacement of grates.

Any person who shall remove, or cause or procure to be removed, any such grate or covering and who shall not replace and firmly secure the same within one-half (1/2) hour after sunset on the same day on which it was removed shall incur a penalty of the sum of $5 for each offense.

§ 323-45 Curbstones.

The occupant or owner of every house or other building or lot on any of the streets of this City which shall hereafter be newly paved or repaved shall cause the sidewalks opposite to such house, building or lot to be supported by curbstones on the outer edge of such sidewalks; the curbstones to be of such length and thickness and cut, and prepared and laid in such a manner as the Commissioner of Public Works or Superintendent shall direct; and if any owner or occupant of any such house, building or lot shall neglect, delay or refuse to cause such curbstones to be so set, he shall for every such default forfeit the sum of $3 and in such case, the Commissioner of Public Works shall cause such curbstones to be laid, and the expense thereby incurred shall be paid by such owner or occupant, the amount thereof to be recovered by the City Treasurer in an action of debt, or apportioned and assessed by the Board of Contract and Supply upon the property benefited.

§ 323-46 Grade and level of sidewalks; exception.

No part or portion of any sidewalk in any street where the grade is established shall be laid or repaved at any different grade or at any other level than the adjacent portion of such sidewalk, except in the manner provided by law; and for every violation of this section, a penalty of $10 is imposed upon the person violating the same.

§ 323-47 Construction at level different from established level.

In all cases where any portion of a sidewalk and street pavement shall be or has been constructed at a different level from the established level of such walk or street pavement, it shall be the duty of the Commissioner of Public Works to notify the owner of the property in front of which any sidewalk is so laid, in violation of the provisions of this article, to cause the same to be conformed to the level of such sidewalk and street pavement, within a reasonable time in said notice to be specified; and in case of neglect or refusal to comply with such requirement, it shall be lawful for the Superintendent to cause such alteration to be made, and the expense thereof shall be paid by such owner, and may be recovered of him in an action in the name of the City Treasurer, or apportion the expense thereof upon the property in front of which such work was done.

§ 323-48 Water boxes and/or gas boxes leveled with sidewalks.

It is hereby made the duty of the several Captains of Police of the several districts to give notice to the owners or occupants of the premises in front of which are placed water boxes, or gas boxes, to cause such boxes as may be raised or protrude above the level of the sidewalk, and which are hereby declared a nuisance, to be made level with the same.

§ 323-49 Owners neglecting to conform.

All persons neglecting to conform to such notice within 10 days after they shall have been so notified shall be liable to a penalty of $1 for every day they may so neglect thereafter, said penalty to be collected in an action hereby authorized against such owners or occupants, in the name of the City of Albany.

§ 323-50 Gas cutoff valves.

Hereafter, whenever a pipe supplying gas to any building in the City of Albany from the street mains shall be laid in the streets of the City, it shall be equipped with a suitable valve or other appliance by which the gas may be turned off from such building, which valve or appliance shall be located outside of such building, and not more than one foot beyond the street line, and shall be so protected as to avoid danger in the use of the sidewalk or street. No permit to open the street for the purpose of laying any supply pipe shall be issued except upon the condition that it be equipped with such valve or cutoff as hereinbefore provided for.

§ 323-51 Authority to relocate certain cutoff valves.

The Municipal Gas Company is hereby directed to remove all valves, cutoffs or appliances which are located more than one foot outside the street line from the sidewalks of the City and to restore such sidewalks to a good condition within one year after the passage of this chapter.

§ 323-52 Sleds.

No person shall use any small or hand sled, or sled without horses, for the amusement of sliding in or upon any of the paved streets or avenues of the City of Albany, except such as shall have been designated by the Mayor, as aforesaid, under a penalty of $1 for each offense.

§ 323-53 Penalties for offenses.

Whoever shall violate any of the provisions of § 323-54 of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof shall be punished for each and every violation by a fine of not exceeding $25 or, in default thereof, by imprisonment not exceeding 25 days.

§ 323-54 Moving of buildings.

No person, persons or corporation shall move any building, shed or other structure now or hereafter erected on any lot of land in the City of Albany into, upon or through any of the public streets, lanes, avenues or public squares of said City now paved or that may hereafter be paved with asphalt, dimension granite block pavement or any pavement other than cobblestone. Any person, persons or corporation who or which shall violate the provisions of this section shall be deemed guilty of a misdemeanor and, upon any conviction, shall be punished by a fine of not exceeding $50 for each offense.

§ 323-55 Application to remove building; issuance of permit.

Every person or corporation desiring to remove a building, shed or other structure into, upon or over any street, lane, avenue or public square shall make application to the Commissioner of Public Works, stating the length, width and height thereof, materials of exterior walls and roof, the place from and to which and the route by which the same is to be carried or moved and the time required for removal, and shall sign an agreement to make said building conform to the requirements of law for a new building in the new location. The Commissioner of Public Works shall thereupon have said building examined, and if it is found not liable to endanger property adjoining the route of the proposed removal or to endanger or unduly incommode the public, may, with the approval of the Mayor, issue a permit for its removal.

§ 323-56 Disturbance of lampposts and electrical appliances; trees.

No lampposts nor any of the apparatus and appliances for conducting electricity for lighting the City shall be disturbed except by special written consent of the Commissioner of Public Works; nor shall such permit be so construed as to give any right, license or authority to cut any tree, or any limb or branch of a tree, standing on any of the public streets, avenues, lanes or public squares. All damages done to public or private property shall be repaired at the expense of the mover.

§ 323-57 Responsibility to maintain light at night.

Whenever and so long as any building, shed or other structure, or any section of the same, shall remain in or upon any of the streets, lanes, avenues or public squares, while undergoing the operation of removal as aforesaid, the person removing the same or the owner thereof shall by night keep a good and sufficient light at each end of said building and a suitable watch about the same.

§ 323-58 License required; bond.

[Amended 5-19-2008 by Ord. No. 25.42.08]
No person shall move any building, shed or other structure through, into or over any of the public streets, lanes, avenues or public squares of said City of Albany without being licensed for such business. Licenses may be issued by the Commissioner of Public Works, with the approval of the Mayor, to any suitable person filing in the office of said Commissioner of Public Works an application therefor, accompanied by a bond in the sum of $2,000, with satisfactory surety, for compliance with the requirements of § 323-52 or 323-53 of this article. Said license shall be forfeited by any violation of the provisions of either of said last mentioned sections, and shall not be renewed until the fines and penalties therein incurred are satisfied. And any person or corporation who or which shall violate any of the provisions of § 323-57 or 323-58 of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding $250 for each and every offense.

§ 323-59 Resolved; patent pavements prohibited.

That no patent pavements be permitted to be incorporated in the specifications for any paving work to be done in the City of Albany.

§ 323-59.1 Neighborhood traffic calming.

[Added 3-18-2013 by Ord. No. 86.82.10]
The Council hereby approves the use of neighborhood speed humps as a geometric street feature to serve as a traffic calming device on local residential streets. The City Engineer, in consultation with the Chief of Police, is authorized to adopt rules and regulations as necessary to establish eligibility criteria for streets which may participate in the program and to establish the location and configuration of the speed humps on eligible streets.