[Adopted 2-17-1923]
[Amended 5-1-2014 by L.L. No. 1-2014]
No person shall obstruct or encumber any street, sidewalk or other public place with any article or thing whatsoever, and any obstruction or encumbrance on said street, sidewalk or public place shall be removed therefrom by the police under the direction of the Superintendent of Highways, but this section shall not be construed to authorize the removal of any such obstruction or encumbrance necessarily incident to the work of regulating, grading, paving or repaving any street or public place or the doing of any public work, nor to any obstruction or encumbrance permitted by the Superintendent of Highways or by any ordinance or resolution of the Town Board provided that the regulations and conditions of such ordinance or resolution or the contract under which the work is being performed shall be fully complied with; nor shall this article be construed so as to prevent the moving or removing of any article in the course of trade or business or for the use of any family from or to any building when the same shall be moved or removed without unnecessary delay and so as to leave a passage both on the sidewalk for pedestrians and on the carriageway for vehicles to pass or repass; nor shall the same be construed so as to prevent the loading or unloading of passengers from any public or private conveyance or such vehicles waiting a reasonable time for such purpose. It shall be a violation of this Chapter for any person, firm or entity to pipe a sump pump, roof or footing drains, or other water source, directly onto or directed from a point source towards or onto the streets, sidewalks or rights-of-way.
[Added 5-23-28]
A. 
No vehicle shall be driven across any sidewalk except at graded crossings or driveways existing and such as may hereafter be approved by the Superintendent of Highways, unless the party or corporation shall apply to the Superintendent of Highways of the Town of Harrison for a permit, but no such permit shall be granted until the applicant shall pay to the Superintendent of Highways, in connection with the granting of said permit, a sum of money equal to $1 for each square foot of sidewalk to be crossed, so as to indemnify the Town of Harrison against any damage to the sidewalk to be crossed.
[Amended 2-19-1986 by L.L. No. 2-1986]
B. 
In addition thereto, the applicant shall pay to the Superintendent of Highways the sum of $5, which sum shall be paid by the Superintendent of Highways of the Town to the Supervisor, to be held by him to reimburse the Town for all expenses that the Town has been put to in connection with the making and granting of said permit.
[Amended 2-19-1986 by L.L. No. 2-1986]
C. 
Said sums paid to the Superintendent of Highways as aforesaid, in connection with the granting of said permit, shall be paid by the Superintendent of Highways to the Supervisor, and the Supervisor shall deposit the same to the credit of the Town in a special fund to be kept and maintained by him for that purpose, which money shall be held by the Supervisor and paid out upon the order or voucher of the Superintendent of Highways, in connection with the cost of restoring said sidewalk or any portion thereof that may be damaged or to be restored, and the balance thereof, after deducting the expenses the Town has been put to in connection with the making and granting of said permit and the restoration of the sidewalk if broken or injured, shall be returned to the applicant.
[Amended 2-19-1986 by L.L. No. 2-1986]
D. 
In case the applicant does not restore the sidewalk to its original condition, then in that event, it shall be the duty of the Superintendent of Highways of the Town to restore same. The cost of restoration shall be deducted from said money on deposit and paid by the Supervisor of the Town to the Superintendent of Highways for that purpose, and, if there shall be any balance, it shall be remitted to the applicant, but if the funds on deposit are not sufficient to restore the same, the applicant shall pay the additional sum to cover the cost of restoration of said sidewalk. The balance, if any, shall be returned to the applicant upon revocation or surrender of said permit. The Superintendent of Highways shall restore all of said sidewalk.
E. 
The form of said permit shall be as follows:
No. _____
Harrison, New York _____20_____
Permission is hereby granted the undersigned to cross sidewalk ________________________ located in the Town of Harrison, County of Westchester and State of New York, upon the following conditions: The undersigned agrees, in consideration of the granting hereof, that he will plank the sidewalk to be crossed by any vehicle and that he will, at all times, keep said sidewalk unobstructed and properly and sufficiently guarded against danger or accident to any person or persons when crossing the same and, at night, will see that the walk has planks thereon and that he will keep the same well and sufficiently lighted with at least two lanterns, or he will have removed therefrom said planks when not using said walk, so as not to obstruct the public when using the same, and that when the said sidewalk is finished in case the sidewalk has been injured or destroyed by the vehicle or vehicles going over the same, he will restore said sidewalk to as good a condition as it was originally and be responsible for the restoration of said sidewalk and that he will save said Town harmless from all damages in connection with such use of said sidewalk. The undersigned, having deposited with said Town the sum of $1 for each square foot of sidewalk to be crossed and also the sum of $5 to cover all expenses that the Town is put to for the making and granting of said permit, agrees that in the event that said amount is not sufficient to cover the cost of restoring said sidewalk to its original condition, he will pay said Town the difference between said sums so deposited and the cost of so restoring said sidewalk.
IN THE PRESENCE OF:
(L.S.)
RECEIVED the sum of ____________________ dollars for the above permit and also the additional sum of $5 to cover the expenses the Town has been put to for the making and granting of said permit.
Superintendent of Highways
F. 
The Superintendent of Highways of the Town of Harrison shall be notified by the applicant when he is going to replace said walk in its original condition in case it has been destroyed or injured, and it shall be the duty of the Superintendent of Highways to inspect and see that the sidewalk is replaced in its original condition and to present to the Town Board of the Town of Harrison, at its regular meeting, his report of the expenses of replacing said sidewalk, and in case said applicant does not notify said Superintendent of Highways that he is going to replace said sidewalk in its original condition, then the Superintendent of Highways must restore the same and make its report to the Town Board in like manner as mentioned above, and the difference, if any, between such expense and moneys deposited shall, within three months, be returned to the person on whose application said work was done and the balance retained by the Town to reimburse it for its expenses. Should the amount deposited be not sufficient to cover said expenses, then the person upon whose application such work was to be done shall, on demand, pay said Town the difference.
[Added 5-23-1928; amended 2-19-1986 by L.L. No. 2-1986]
Each and every violation of any of the provisions of this article, including any of the agreements set forth in the aforesaid permit, shall be a separate and distinct offense, punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both. In the meaning of this section, each and every time a vehicle is driven across a sidewalk, whether at the same point of a different point, without a permit, shall be and constitute a separate and distinct offense.