[HISTORY: Adopted by the Board of Trustees
of the Village of Mamaroneckas indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-25-1955 as Ch. 8 of the Unified Code of Ordinances]
[Added 3-10-2014 by L.L. No. 5-2014, effective 3-24-2014; 1-13-2020 by L.L. No. 1-2020, effective 1-29-2020]
A.
Any owner, lessee, tenant, occupant or other person
having charge of any building or vacant lot of ground within the C-1,
C-2 and MC-2 Districts within the Village limits and abutting upon
any street where the sidewalk is paved shall, within three hours after
snow ceases to fall or after the deposit of any dirt or other material
upon the sidewalk, remove the snow or ice, dirt or other material
from the sidewalk and gutter, the time between 9:00 p.m. or 7:00 a.m.
not being included in the above period of three hours.
B.
Any owner, lessee, tenant, occupant or other person having charge of any building or vacant lot of ground in any district within the Village limits outside of the districts specified in Subsection A and abutting upon any street where the sidewalk is paved shall, within 24 hours after snow ceases to fall or after the deposit of any dirt or other material upon the sidewalk, remove the snow or ice, dirt or other material from the sidewalk and gutter.
C.
In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or vacant lot may, within the time specified in Subsections A and B above, cause the sidewalk abutting the premises to be strewn with ashes, sand, salt, sawdust or other similar suitable material and shall, as soon thereafter as the weather shall permit, thoroughly clean said sidewalk.
D.
The owners, tenants, lessees, occupants or persons in charge of buildings
adjacent to public sidewalks shall take any action necessary to prevent
the falling of snow, ice and water from such buildings onto the public
sidewalks.
E.
No person or entity shall deposit, plow, throw or place, nor shall
any person or entity cause to be deposited, plowed, thrown, placed
or strewn, any snow or ice upon any street or sidewalk within the
Village so as to create a hazard for pedestrians or vehicles.
F.
No person
or entity shall pile, gather up, plow up or in any way force any snow
or ice upon any land within six feet of any street, highway or roadway
in such a manner as to cause the height of the snow and ice so piled,
gathered, plowed or forced to exceed three feet six inches in height
above the existing natural grade, and no snow or ice shall be piled
so as to cover or prevent access to a fire hydrant.
No person shall erect any awnings over any street,
avenue, highway or public place in the village, the lowest point of
which shall be less than seven feet from the level of the sidewalk.
A.
No person shall hang or place any goods, wares or
merchandise or any stand, sign or other encumbrance of any kind or
suffer or maintain or permit the same upon any sidewalk in front of
any premises owned or occupied by him. Notwithstanding the aforementioned,
the Village Board of Trustees shall have the authority to designate
certain days or periods when this provision can be temporarily waived
within a specifically designated area. In connection therewith, the
Village Manager shall have the authority to impose regulations and/or
other conditions or restrictions upon any parties using the sidewalk
areas in front of their premises.
[Amended 5-24-1993 by L.L. No. 3-1993,
effective 6-1-1993]
B.
Wares or merchandise in process of loading, unloading,
shipment or being received from shipment may be transferred from trucks
or other vehicles over the sidewalk by the use of skids. Household
furniture may be temporarily placed on a sidewalk for the purpose
of loading or unloading the same during daylight and without unreasonable
delay, but, in any such case, a passageway shall be kept open within
the stoop line of the building abutting on the sidewalk so obstructed
and the curb for free movement of pedestrians.
[Added 7-15-1963, effective 7-30-1963]
A.
PERSON
SHOPPING CART
STREET
Definitions. Unless otherwise stated expressly, the
following words and expressions, where used in this section, shall
have meanings as follows:
Includes a natural person of either sex, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
capable of being sued.
Includes any cart, basket, container or other device made
of wire, metal or other material mounted on wheels, manually operated
and used generally for the conveyance of goods and property.
Includes a street, avenue, road, alley, public passageway,
lane, highway, concourse, driveway, culvert, crosswalk and sidewalk
and every class of road, square and municipal parking field used by
the general public.
B.
It shall be unlawful for any person or his agent or
employee to leave or to suffer or permit to be left unattended any
shopping cart, either owned by such person or in such person's possession,
custody or control, upon any street, sidewalk, municipal parking field
or public place.
C.
It shall be deemed a violation of this section if
any shopping cart is left unattended or remains upon any street, sidewalk,
municipal parking field or public place for a period in excess of
12 hours.
D.
The presence of an abandoned shopping cart at the
places designated herein for a period in excess of 12 hours shall
be presumptive evidence that it was removed from the owner's presence
and abandoned with the owner's consent and permission, expressed or
implied.
E.
Every person who owns or makes available to the public
in connection with the conduct of business and trade any shopping
cart shall make or cause the same to be marked and identified conspicuously
with the name and address of the owner. Such identification shall
be in the form of a metal tag securely fastened to the cart or a cutting
or stamping on the frame of the cart.
F.
Any person violating any of the provisions of this section shall be liable for such penalties as set forth in § 296-16.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
G.
Whenever the Chief of Police shall take possession
of any property left upon any street, sidewalk, municipal parking
field or public place in violation of this section and such property
contains identification of ownership, a notice shall be sent, by ordinary
mail, to such person purporting to be the owner, advising that such
property is held by the Chief of Police and advising the amount necessary
to redeem.
H.
Such property may be redeemed by the owner thereof
at any time prior to the sale, dismantling, destruction or disposal
thereof, and he shall be entitled to receive such property upon tendering
the sum of $5 to the Chief of Police. No property shall be delivered
to a person seeking to redeem the same, unless proof establishing
to the satisfaction of the Chief of Police such person's ownership
is submitted. Any delivery to a person apparently entitled thereto
shall be a good defense to the village against any other person claiming
to be entitled thereto, but if the person to whom delivery is made
is, in fact, not entitled thereto, the person to whom the same ought
to have been delivered may recover the same with interest and costs
from the person to whom the same shall have been delivered.
I.
Where any such property remains in the custody of
the Chief of Police for a period of 15 days after removal and with
respect to which no person has presented to the Chief of Police proof
establishing to his satisfaction such person's ownership, the Chief
of Police shall give public notice in the official newspaper of the
village, advising that, at a specified place and time not less than
five days after such notice is published, such property will be sold
at public auction for the best price he can obtain. A general description
in such notice of the property to be sold shall be sufficient. Said
sale shall be conducted by the Chief of Police or any employee of
his Department designated by him or by an auctioneer designated by
the Chief of Police.
J.
In the event that said property shall remain unsold
at public auction, the Chief of Police may reoffer said property for
sale at a subsequent public auction held pursuant to this section
or he may dismantle, destroy or otherwise dispose of this property.
Any such sale or other disposition of such property pursuant to this
section shall be without liability on the part of the village to the
owner of such property or other person lawfully entitled thereto or
having an interest therein.
K.
Immediately after property is redeemed, the Chief
of Police shall pay over to the Treasurer of the village the amount
received for redemption, costs and expenses of the article redeemed,
together with an itemized statement thereof. Immediately after a sale
or other disposition of such property, the Chief of Police shall pay
to the Treasurer the proceeds of sale or other disposition of such
property, with an itemized statement of the article sold, the price
received and the costs and expenses of sale, and the Treasurer shall
retain so much of the proceeds as equals the costs and expense of
such sale, plus $5 for such article sold to cover the cost of removing
and storing the property; the remainder of the moneys realized from
such sale or other disposition shall be paid, without interest, to
the lawful owner thereof as determined by the identification, if any,
on the property so sold or otherwise disposed of.
L.
The provisions of this section shall not apply to
any property which may come into the possession or custody of the
Police Department pursuant to any other ordinance, law or regulation.
[Amended 11-25-2013 by L.L. No. 13-2013, effective 12-5-2013]
A.
No builder, contractor or workman in control of any operations or
repairs upon private property shall obstruct any sidewalk in the Village
or endanger the safety of pedestrians over such sidewalk. If such
building or repair operations shall necessitate the temporary obstruction
of such sidewalk or the existence of a condition making the use of
said sidewalk unsafe, the Building Inspector may, in his discretion
and subject to such restrictions as he may impose, authorize the temporary
closing of said sidewalk to public use during the period of such operations,
or require the construction of a sidewalk safety shed or bridge, which
will require an application for and issuance of a building permit.
B.
Sidewalk sheds and/or bridges. Whenever any building or part thereof
within 10 feet of the building line is to be erected or raised to
exceed 35 feet in height or whenever a building more than 40 feet
in height is to be demolished, the owner or the person doing or causing
such work to be done shall erect and maintain, during such work, a
substantial shed or protective bridge over the sidewalk in front of
said building and extending, so far as practicable, from building
line to curb. Such shed shall remain in place until the building is
enclosed or, in case of a demolition operation, until the building
has been reduced to 10 feet in height. Every such shed shall be kept
properly lighted at night. The sidewalk shed or bridge shall require
an application for and issuance of a building permit.
C.
Barricade. In any building operation that does not require sidewalk
sheds, the owner or person doing or causing such work to be done shall,
unless relieved by a general rule from the Village Board or a special
permit from it, erect and maintain in front of the building, during
such building operation, a substantial fence or barricade suitable
to the Building Department.
D.
Permission to place building materials on streets. Before commencing
any building operation, upon approval by the Village Manager, a permit
shall be obtained from the Village Manager, upon review and recommendation
by the Village Engineer, for the placing of any building materials
on said street or avenue. In no case shall this permit be issued for
or in excess of 1/3 of the street or avenue. A suitable bond approved
by the Village Manager shall be furnished by the person or persons
occupying said portion of the street or avenue to indemnify the Village
of Mamaroneck for any damage to the street or avenue, sidewalk or
curb and indemnifying the Village against any liability for injuries
to any person or property in any manner caused by reason of the deposit
of building materials in such street or avenue. This bond shall be
filed with the Village at or prior to the issuance of such permit.
E.
A permit in the following form shall be issued upon application to
the Village of Mamaroneck, to be reviewed by the Village Engineer
and authorized by the Village Manager:
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LICENSE FOR STORAGE OF MATERIALS ON HIGHWAY
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No. _____________________
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Mamaroneck, New York, __________________, 20 _____.
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Permission is hereby given _____________ (hereinafter called
the licensee) to store building materials on ___________, Mamaroneck,
New York, for a distance of _____ feet by _____ width.
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In consideration of the Village of Mamaroneck granting this
permit, the licensee hereby guarantees:
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1.
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To repay the Village for any damage by reason of such use.
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2.
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To keep the sidewalk at this property open at all times for
the use of pedestrians to a width of at least four feet of passable
area, exclusive of tree grates, unless such requirement is impracticable.
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3.
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To keep the material so stored on the public highway well and
sufficiently lighted at night with proper safety barricades, with
flashing beacons on each barricade.
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4.
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To indemnify and hold and save the Village of Mamaroneck free,
harmless and protected from all damages in connection with the same
or by reason thereof.
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5.
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To pay the Village for any damage to the sidewalk or Village
property by reason of such use.
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6.
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To provide a certificate of liability insurance for the storage
of such materials, naming the Village of Mamaroneck additional insured,
under a policy providing coverage to a minimum of at least $2,000,000.
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In the presence of: ________________________ L.S.
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Bond in penalty of _________________ dollars filed.
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Village Engineer
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Date:
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Approved
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Village Manager
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Date:
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Approved:
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_______________________________
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In presence of ______________________________ L.S. Received
________________ dollars for the above license. _____________________________________
Manager.
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Received _________ dollars as deposit required for the above
license.
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__________________________________________ Manager.
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F.
The Village Manager, in his discretion, may also require a bond with
sufficient security to indemnify and save harmless the Village for
any damage that may be caused to it by reason of the neglect or default
of the person obtaining such permit.
A.
No person shall use or maintain a fence of barbed
wire or similar construction along the boundaries of any such streets
or grounds of the village.
B.
All fences abutting upon a public street shall be
kept in reasonable repair and in a safe condition, and, when such
fences are between a street and an excavation or depression in a lot,
they shall be properly, safely and securely braced so that pedestrians
shall be secure in passing.
[Amended 2-26-1962, effective 3-6-1962]
C.
No fence or other structure located on any land at
or near any corner or any curve on any street within the limits of
the village shall be permitted by the owner or owners thereof to so
obstruct or interfere with the view of drivers of vehicles as to create
a traffic hazard at such corner or curve.
[Amended 2-26-1962, effective 3-6-1962]
[Amended 5-22-2023 by L.L. No. 8-2023, effective 6-9-2023]
A.
No person not otherwise authorized by law to do so is permitted to
erect or maintain on or over any street or sidewalk within the Village
any telegraph, telephone, electric light or other pole or to string
wires in, over or upon any street, sidewalk or public ground or over
or in front of any building or buildings within the Village without
a permit from the Village Manager.
B.
Every telephone, telegraph, electric light or electric power pole
located on a public highway within the village must be marked with
the name or other indicia of the owner or owners of the pole in the
manner prescribed by the Village Manager.
C.
A public utility that installs a new pole within 15 feet of an existing
pole must, within 30 days of installing the new pole, provide written
notice to all other public utilities maintaining facilities on the
existing pole that a new pole has been installed and that their facilities
on the existing pole must be relocated to the new pole within 90 days
of the date of the notice. A copy of the notice must be provided to
the Village simultaneously.
D.
The public utility that owns the existing pole must remove it within
120 days after installation of the new pole.
E.
If the Village Manager determines that the presence of two utility
poles within close proximity to each other creates a safety or aesthetic
concern, the Village Manager is authorized to order that one of the
poles be removed. All public utilities must remove their facilities
on the pole and the pole must be removed within 90 days of notice
of the Village Manager's order.
F.
If the Village Engineer determines that a utility pole is dangerous
or damaged, the Village Manager is authorized to order that the pole
be repaired, replaced, or removed within 15 days of notice of the
Village Manager's order, or such shorter time as may be necessary
to protect the public safety.
G.
Failure to comply with this § 296-7 or with any order issued under this section is a violation of this Code, punishable under § 296-16. Each day the violation exists after the date upon which notice of the violation is served is a separate violation for purposes of assessing penalties or fines under § 296-16.
Driveways and parking areas shall be so constructed
as to prevent materials used in the construction thereof from being
washed or scattered upon sidewalks.
The use of gravel or bluestone for surfacing
of gasoline stations is prohibited. Gasoline stations shall be surfaced
with such materials as will prevent the materials used in such surfacing
from being scattered upon adjacent sidewalks.
No person or persons shall participate in any
parade, exhibition or the playing of bands of music upon the streets
of the village, unless a written permit shall have been previously
obtained therefor, in each specific instance, from the Village Manager
of the village.
No alteration, removal or construction of any
curb or sidewalk within the street limits of the Village of Mamaroneck
shall be made without the written permission of the Village Engineer
given to the owner of the abutting property.
[Amended 9-22-1980 by L.L. No. 11-1980, effective 9-29-1980; 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987; 3-14-1994 by L.L. No. 3-1994,
effective 3-28-1994]
A.
No person shall be allowed to excavate, open or dig
any trench, ditch or hole in any portion of any street, highway, sidewalk
or public place in the village without first obtaining a permit therefor
signed by the Superintendent of Public Works.
B.
No power shovel or equipment shall be used to excavate
on any street in the village, whether improved or unimproved, without
a written permit from the Superintendent of Public Works and approved
by the Village Manager.
C.
Such permit may be granted to any property owner or his duly appointed agent carrying liability insurance in the amounts of $50,000 and $100,000 and property damage in the amounts of $25,000 and $50,000 covering any accident or damage that may occur due to the work contemplated, upon the payment of a license fee as set forth in Chapter A347, Fees, and the fulfillment of the following conditions:
(1)
If the excavation is to be done by hand, the person
applying for such a permit shall deposit with the Village Treasurer
a sum representing the estimated replacement cost of the pavement
to be disturbed, but in no case less than the value of 100 square
feet of pavement at the value set by the Board of Trustees from time
to time and filed in the office of the Superintendent of Public Works.
No excavation by mechanical equipment shall be allowed, except by
special permit approved by the Village Manager, and if excavation
is to be made by use of steam shovel, backhoe or other mechanical
trencher, the deposit required shall be three times the amount required
if the excavation is to be made by hand.
(2)
Should the completion of the work be unnecessarily
delayed or the work improperly done, the village shall, upon the request
of the Superintendent of Public Works and with the approval of the
Village Manager, complete the work or reconstruct the same under the
direction of the Superintendent of Public Works. The cost of this
work shall be charged against the deposit.
(3)
The applicant shall sign an agreement contained in
said permit, which permit shall be in the following form, with blank
spaces filled in as required:
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No. _________ Village of Mamaroneck, Westchester
County, New York
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Permission is hereby given to ________________________
to dig up and open a trench, not exceeding _________________ in length,
in _________________ in said Mamaroneck Village, upon the following
conditions, viz:
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Said _________________________ (hereinafter
called the licensee) hereby stipulates and agrees, in consideration
of the granting of this license, that all work done and material used
will comply with any covering rules or ordinances of this village;
that he will not permit or suffer said trench or opening to remain
open longer than is absolutely necessary and required for the proper
doing and performance of the work necessary to be done and for which
this license is granted; and that he will, at all times, keep the
same properly and sufficiently guarded against danger or accident
to any person or persons by reason of the same; that he will, at all
times, keep the same well and sufficiently lighted at night with at
least two lanterns; and that, when said work is finished, he will
at once notify the Superintendent of Public Works, in writing, who
shall, at the expense of said licensee (to be deducted from the deposit
made at the date hereof), restore said site to as good condition as
it was before said work was undertaken, and said licensee will hold
and save the Village of Mamaroneck free, harmless and protected from
all damages in connection with the same or by reason thereof. In addition,
the licensee shall be responsible for damage to any trees, shrubs
or other plant life as well as any environmental damage which may
result from the licensee's activities on the subject site.
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Purpose of permit
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Licensee
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D.
The Board may, on such terms as it shall deem proper,
exempt any public service corporation supplying the village with its
product from the obligation to make the deposit above provided for
on such corporation agreeing that the cost of restoring the highway
and the paying for any damage resulting to said village may be deducted
from its claim against the village or, in excess thereof, be recovered
in an action against said corporation.
[Amended 9-22-1980 by L.L. No. 11-1980, effective 9-29-1980]
Rates for repair of pavements, as established
by the Board of Trustees, are as follows:
A.
Minimum deposit for work done by hand: $100 per square
foot.
B.
Minimum deposit for work done by machine: $200 per
square foot.
C.
Minimum deposit for sidewalk openings: $30 per square
foot.
D.
Minimum deposit for general sidewalk repairs: $100.
E.
Minimum deposit for curb cuts: $100.
F.
Ordinary road, oiled or sealed: $2.50 per square foot.
G.
Blacktop on penetrated stone base: $2.50 per square
foot.
H.
Reinforced concrete pavement: $5 per square foot.
I.
Blacktop on concrete base, including Hastings block
or brick: $5 per square foot.
J.
Sidewalk openings: $4 per square foot.
K.
Concrete curb, disturbed or cut: $10 per linear foot.
L.
Concrete curb and gutter, section disturbed: $20 per
linear foot.
M.
Unpaved areas, grass or earth shoulder: $1 per square
foot.
[Amended 6-28-1976 by L.L. No. 6-1976,
effective 7-2-1976; 8-10-1987 by L.L. No. 11-1987, effective 8-17-1987; 2-26-1996 by L.L. No. 3-1996,
effective 3-7-1996; 5-10-1999 by L.L. No. 8-1999, effective 5-14-1999]
A.
It shall be the duty of the owner of every lot or
piece of land in the Village of Mamaroneck to keep the sidewalks in
front of the premises owned by him, them or it at all times in good
repair and in a safe condition for public use and free from all obstructions
or encumbrances so as to permit the public use thereof in an easy,
safe and commodious manner.
B.
In case any sidewalk and/or curb in said village shall,
at any time, in the judgment of the Public Works department head,
be unsafe and require repairing, said department head shall serve
a notice upon the owner of the lot or piece of land in front of which
such sidewalk and/or curb is in an unsafe condition, requiring the
owner or owners thereof, within 30 days from the service of each notice,
to commence actual work to repair such sidewalk and/or curb so as
to make the same in good repair and in a safe condition. Such notice
shall be served on such owner personally or by leaving the same at
the residence of such owner or owners with a person of suitable age
and discretion or by posting the same conspicuously on such premises
or by mailing the same addressed to such owner or owners at their
residence address. Where there are two or more owners of any such
property, service upon one of them shall be sufficient. In the event
that said owner requires more than the 30 days to commence repair,
approval for an extension of time must be granted by the Public Works
department head.
C.
If any owner or owners shall neglect or refuse to
repair such sidewalk and/or curb within the time limited therefor
by said notice or extended by the Public Works department head, the
Village of Mamaroneck shall forthwith make such repairs in such manner
as it shall deem proper and suitable and shall file a certificate
of the expense thereof, together with a description of the property
in front of which such repairs were made, with the Village Clerk-Treasurer,
who shall certify the same to the Board of Trustees at the next regular
meeting thereafter. The expense of making such repairs shall be paid
by the owner of the property abutting on the sidewalk and/or curb
so repaired and may be collected in an action at law or assessed upon
the adjoining land. Such assessments shall be made and taxes levied
as provided by the Village Law. The Village Board may, by resolution
and without further public hearing, assume such percentage of the
cost of any sidewalk and/or curb repair under such program as the
Board, in its sole judgment, should decide, and, further, although
the village may determine the amount which the taxpayer will pay and
the amount the village will pay, in no event will there be assessed
to the taxpayer an amount in excess of what he would pay under a voluntary
program on a 50/50 basis as described below.
D.
Cost-sharing program.
(1)
Said 50/50 program or any other sharing of the percentage
of cost of repair of sidewalks and/ or curbs shall apply only to sidewalks
and curbs which adjoin or abut residential properties within the village.
(2)
The voluntary 50/50 cost-sharing program shall be
as follows:
(a)
Where only a sidewalk is to be repaired, the
village will pay 50% and the owner will pay 50% of the cost of such
sidewalk repair.
(b)
Where a sidewalk and curb of the same property
are to be repaired, the village will pay 50% and the owner will pay
50% of the cost of such sidewalk and curb repair.
(c)
Where only a curb is to be repaired, either
because no sidewalk exists on the property or if it does exist and
it has been determined by the Public Works department head that only
the curb is unsafe and repairs to the sidewalk are not needed, then
the village will pay 50% and the owner will pay 50% of the cost of
such curb repair.
(3)
The voluntary 50/50 cost-sharing program shall be
administered under the direction and discretion of the Public Works
department head; provided, however, that, if insufficient funds are
available in the current yearly budget to effect repairs for all interested
applicants, the Board of Trustees shall have the sole power and discretion
to determine priorities thereof. Should priorities established by
the Board of Trustees prohibit certain applied-for repairs, said application
will be carried into the coming fiscal year and given priority over
new applications, provided that an emergency condition, as evaluated
by the Public Works department head preempts this priority.
(4)
In no event shall the village pay more than the sum
of $1,500 to any applicant with respect to the provisions of the cost-sharing
program within a five-year period, unless otherwise approved by the
Public Works department head.
(5)
Under the conditions stipulated in the voluntary 50/50
program, the applicant must ensure that the required sidewalk permit
is obtained before commencement of such work. If this provision is
not met and said work is done without a permit, the application for
the 50/50 will automatically become void, and the applicant will,
therefore, become ineligible to receive any reimbursement from the
village of Mamaroneck for said completed work.
[Added 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987; amended 1-25-1988 by L.L. No. 2-1988, effective 2-1-1988]
Any person violating any of the provisions of
this article shall be punishable, upon conviction thereof, by a fine
not exceeding $250 in addition to the actual village remedial costs,
if any, or imprisonment not exceeding 15 days, or both.
[Added 9-9-2019 by L.L.
No. 4-2019; effective 9-13-2019]
Supplementing the provisions of § 6-610 of the Village
Law of the State of New York, the Board of Trustees may accept the
dedication of the whole or any part of a street upon determining that
the street:
A.
Will be of substantive beneficial use to the Village;
B.
Has been suitably improved to the standards then in effect to the
satisfaction of the Village Engineer and, if the street requires the
approval of the Planning Board is required, to the Planning Board;
C.
Is not a dead-end street or, if a dead-end street, ends in a radius
sufficient that all of the Village's fire apparatus may turn around
without backing up;
D.
Provides sufficient off-street overflow parking for the most intense
development allowed by the Village Code then in effect; and
E.
Provides sufficient room to plow the road and to pick up leaves without
vehicles backing up to turn around.
[Adopted 6-4-1956 by L.L. No. 1-1956,
effective 6-4-1956]
[1]
Editor's Note: For statutory provisions concerning
the liability of villages in certain actions, see § 6-628
of the Village Law.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987; 2-26-1996 by L.L. No. 3-1996, effective 3-7-1996]
No civil action shall be maintained against
the Incorporated Village of Mamaroneck for damages or injuries to
person or property sustained in consequence of any street, highway,
curb, bridge, culvert, sidewalk or crosswalk being defective, out
of repair, unsafe, dangerous or obstructed or for damages or injuries
to person or property sustained solely in consequence of the existence
of snow or ice upon any sidewalk, crosswalk, street, highway, curb,
bridge or culvert, unless written notice of the defective, unsafe,
dangerous or obstructed condition or of the existence of the snow
or ice, relating to the particular place, was actually given to the
Village Clerk and there was a failure or neglect within a reasonable
time after the receipt of such notice to repair or remove the defect,
danger or obstruction complained of or to cause the snow or ice to
be removed or the place otherwise made reasonably safe.
Nothing herein contained, however, shall be
held to revive any claim or cause of action now barred by any existing
requirement or statute of limitations nor to waive any existing limitation
now applicable to any claim or cause of action against the Incorporated
Village of Mamaroneck.
