[HISTORY: Adopted by the Rochester City Council 11-25-1941. Amendments
noted where applicable.]
A person must not willfully injure or interfere with any public or private
property, real or personal.
A person must not willfully injure or interfere with a street sign,
street lamp post, danger lamp or other signal or barrier placed for public
safety or any monument locating the line of a street, sidewalk or improvement.
[Added 11-22-1949; amended 12-22-1970 by Ord. No. 70-683; 5-28-1974 by Ord. No. 74-180; 2-14-2006
by Ord. No. 2006-22]
Except when engaging in landing or takeoff, aircraft shall maintain
a minimum altitude of 2,000 feet above the ground when flying over the City
of Rochester, New York, except as hereinafter provided for helicopters, as
follows: The use, operation and flight over the City of Rochester by helicopters
is hereby authorized at altitudes less than 2,000 feet, provided that a permit
for such flight or for the specific purpose requiring the flight of a helicopter
at an altitude of less than 2,000 feet is obtained from the Chief of Police,
subject to the rules and regulations as he or she may require, and provided
that said operator complies with all requirements of the Federal Aviation
Authority.
[Added 11-10-1959; amended 12-22-1970 by Ord. No. 70-683; 5-28-1974 by Ord. No. 74-180]
Except at duly designated airports, no aircraft shall take off or land
within the City of Rochester, except that helicopters shall be authorized
to land and take off at locations other than designated airports upon receiving
approval for such landing and taking off from the Federal Aviation Authority
and upon receiving a permit for such landing or taking off, or both, from
the Chief of Police.
A person must not:
A.
Injure or interfere with any wire, pole, apparatus or
other thing connected with or auxiliary to the fire-alarm system, or with
any apparatus of the police or fire force, without the consent of the Chief
of Police or Fire Chief.
[Amended 1-27-1970 by Ord.
No. 70-36; 5-28-1974 by Ord.
No. 74-180; 11-10-1992 by Ord.
No. 92-403]
B.
Make or cause to be made or have in his or her possession
any key or impression or duplicate of a key of any signal box of the firealarm
system, without such consent.
[Amended 11-10-1992 by Ord.
No. 92-403; 2-14-2006 by Ord. No. 2006-22]
C.
Give or cause to be given any false alarm of fire in
any manner whatsoever.
[Amended 12-14-1954; 9-8-1964; 11-10-1992 by Ord. No. 92-403]
A person must not throw any substance into a portion of any body of
water within the territorial limits of the City of Rochester, or which is
operated or controlled by said City, which may tend to interfere with the
free passage of water therein; nor shall any person throw, deposit or discharge
any substance or waste material upon the banks or into the waters of any body
of water within the territorial limits of the City of Rochester, or which
is operated or controlled by said City, which in any way may tend to foul
the body of water or its banks or create an unsightly or offensive condition.
Any clean fill to be deposited or discharged into the waters of the Genesee
River within the territorial limits of the City of Rochester may be done only
after obtaining written permission from the Commissioner of Environmental
Services.
[Added 3-13-1945]
A.
No person, firm or corporation shall place, deposit or
discharge or cause, suffer or permit to be placed, deposited or discharged
any oil, petroleum, naphtha, cleaning fluids, liquid asphaltum, solid waste
material which may form deposits, any liquids carrying waste material in suspension
or any substance or water mixed with any substance into any public sewer in
the City of Rochester or laterals connected therewith, which said material
or substance may have an injurious effect upon the sewers of the City either
by causing them to disintegrate or by causing the flow to be diminished therein.
B.
The Commissioner of Environmental Services may require
the owner of any premises from which said materials or substances above prohibited
have been discharged in the sewers of the City to repair and/or clean the
same. In the event that the owner of the premises from which such substances
have been discharged into the sewer does not repair and/or clean the same
within 30 days after notice so to do, given personally or by mail, the Commissioner
of Environmental Services shall cause the same to be repaired and/or cleaned,
and the expense incurred thereby shall be assessed against said real property
as prescribed in the Charter of the City of Rochester.[1]
[Amended 11-10-1992 by Ord.
No. 92-403]
[Amended 2-25-1975 by Ord.
No. 75-67]
A.
The operator of the sewer system will accept the responsibility
for cleaning and maintaining that portion of a sewer lateral within a public
right-of-way if a property owner provides, at his or her own expense, an acceptable
cleanout at the property line of his or her property.
[Amended 2-14-2006 by Ord. No. 2006-22]
B.
In addition, the operator of the sewer system will accept
the responsibility for any new sewer constructed or reconstructed and shall
provide laterals to the property line with appropriate cleanouts, if practical,
at that point. In said cases of new sewer construction or reconstruction,
said laterals would be the responsibility of said operator from the sewer
to the cleanout.
C.
For any new lateral desired by a property owner to an
existing sewer, the entire cost of installation of said lateral will be the
responsibility of said owner subject to the operator's requirements, including
the installation, if practical, of a cleanout at the property line. Said operator
will accept the responsibility for the lateral from the cleanout to the main
sewer.
[Amended 4-13-1948; 9-23-1958; 12-26-1963]
A.
A person must not cut down any tree in a public street
or place or cut any branch or limb therefrom or trim any branch or limb thereon
or prune or spray or attach any guy wire thereto without the written consent
of the City Forester.
B.
A person must not injure, mutilate or deface any tree
in a public street or place and must not affix, attach or post thereon or
hang therefrom any sign, banner, advertisement or anything else whatsoever.
When a permit is given by the City Forester to a telephone, telegraph, electric
light, electric power or other public service corporation to trim trees, the
amount of such trimming shall be limited by the actual necessities of the
service of the company, and such trimming shall be done in a neat and workmanlike
manner with a saw and not with an ax or hatchet, and all the conditions placed
in said permit by the City Forester shall be observed and obeyed; and an employee
or agent of the public service corporation operating under such permit must,
upon request of any householder, forthwith give his or her full name and address
and the name of the corporation by whom he or she is employed and for whose
benefit such work is being done.
[Amended 2-14-2006 by Ord. No. 2006-22]
C.
For any new lateral desired by a property owner to an
existing sewer, the entire cost of installation of said lateral will be the
responsibility of said owner, subject to the placed or maintained unless an
open space of at least 12 square feet is left outside and around the trunk
of the tree, except with the written permission of the Forestry Division.
D.
A person must not plant any tree or shrub in a public
street or place without the written consent of the City Forester, and the
conditions contained in such consent must not be violated, and trees or shrubs
other than those specified in such consent must not be planted.
E.
A poplar tree, the circumference of the trunk of which
is more than 20 inches measured at a distance of four feet from the ground
level, shall not be planted or grown or allowed to be within 40 feet of any
main sewer.
F.
In the course of the erection or repair of any building
and in the grading, paving or curbing of any street or in the doing of any
work on the surface or below the surface of the street, suitable guards shall
be placed around all nearby trees in or on any highway, park or other public
property so as to prevent injury to such trees, and such further precautions
as may be required shall be taken to prevent damage to said trees by breaking,
debarking, scratching or burning or in any other manner.
G.
In the event of accidental damage to or destruction of
a tree or shrub in or on any highway, park or other public property, report
thereof shall be made by the person(s) causing said damage within 48 hours
to the Forestry Division. Repair or replanting necessitated by such damage
or destruction shall be done by the Forestry Division. The Forestry Division
shall collect the expense of such repairs or replanting from the person or
persons responsible for the damage caused by intentional or negligent conduct.
Such charges shall be derived from an acceptable shade tree evaluation chart.
H.
Wherever any tree is found by the City Forester to be
dangerous or detrimental to life, health or safety, or detrimental to the
health or survival of trees, the City Forester may issue an order that said
trees shall be removed and cause the order to be served upon the owner of
the premises upon which the tree is located. If any such order of the City
Forester issued under the authority of the provisions of this section is not
complied with within 10 days after the service thereof, or within such shorter
time as he or she may designate therein as necessary under the circumstances,
then such order may be executed by said City Forester, through his or her
officers, agents, employees or contractors, and the expenses incurred incident
to said order shall be assessed against said real property as provided in
the Charter of the City of Rochester.[1]
[Amended 11-10-1992 by Ord.
No. 92-403; 2-14-2006 by Ord. No. 2006-22]
(1)
Before proceeding to execute such order, the City Forester
shall post a notice on said tree, or on the premises on which said tree is
located, stating that since such order was not complied with within the time
mentioned in said notice, the City Forester will proceed to execute the same
at the expiration of an additional five days and assess the cost thereof against
said real property as provided in the City Charter. A copy of such notice
shall be sent to the owner of the property, or his or her agent, if names
and addresses, or reasonable search, can be ascertained, and such notice shall
be posted on said premises at least five days before the City Forester proceeds
to incur expenses, unless, as hereinafter stated, the condition is of such
a character requiring immediate action, in which case the time of the notice
shall be such as, in the judgment of the City Forester, is reasonable and
proper.
(2)
If, in the opinion of the City Forester, such tree is
in a condition that it constitutes an actual and immediate danger or menace
to health and/or safety, he or she shall proceed forthwith to cause said tree
to be removed, and the expenses incurred shall be assessed as above set forth.
[Added 9-3-1958; amended 12-26-1963]
Persons, firms or corporations engaged in the business of tree servicing,
landscaping and/or gardening who are hired to remove any tree or trees or
to cut any branches or limbs therefrom, or to engage in landscaping or gardening
work or similar services, shall, at their own cost and expense, dispense of
all materials resulting from said work, including but not limited to all trees
or parts thereof that are cut down or trimmed, shrub or hedge cuttings, mowed
grass, yard rakings and similar matters, and must not place such materials
on or in any street or public place or between the curb and the sidewalk in
front of any premises for disposal by a City department or agency.
[Amended 4-13-1948; 12-26-1963]
The owner of a vacant lot must at all times keep the same free from
burdocks, thistles, sticktights, briers, poison ivy, poison oak, poison sumac
and other noxious weeds.
[Amended 12-26-1963; 7-22-1969
by Ord. No. 69-329]
A violation of this chapter is punishable by a fine not exceeding $150
or by imprisonment not exceeding 15 days, or by both such fine and imprisonment,
or by a penalty not less than $5 nor more than $500 to be recovered by the
City of Rochester in a civil action.
