No person shall dig, remove or carry away, or cause to be done,
any stone, earth, sand or gravel from any street, highway, alley,
square or public grounds without permission of the Common Council.
No person shall remove, displace or interfere with any barricade,
railing or protection around a defective place in any street or about
any trench, excavation, repair or construction work or pavement placed
by or under authority of the Common Council or by any authorized board
or official of the city.
No person shall move, or cause or permit to be moved, any building
into, along or upon any street without written permission from the
Common Council, and then only under the supervision and according
to the directions of the Commissioner of Public Works.
A.
No person shall keep or place building materials in a public street
without the written permission of the Commissioner of Public Works.
B.
The Commissioner of Public Works may grant written permission to
place and keep building materials in a public street for a period
not exceeding four months. Such permission shall contain a condition
that it shall be void unless the materials are so placed that they
occupy no more than 1/2 of the sidewalk and 1/2 of the space between
it and the center of the roadway. Such permission may be revoked at
any time by the Commissioner of Public Works.
C.
Every person to whom permission is granted pursuant to the provisions
of this section shall cause all materials and rubbish arising from
his occupation of the street to be removed by the expiration of the
time granted by the permission or upon the revocation of such permission
by the Commissioner of Public Works.
[Amended 6-21-2011 by L.L. No. 4-2011]
A.
Restrictions. Except as specifically permitted under the provisions
of this section, no structure or obstruction shall be erected, placed
or maintained within the boundaries of any City street or highway
right-of-way. The provisions of this section shall not apply to streets
or rights-of-way under the jurisdiction of any governmental entity
other than the City of Oneida.
B.
Mailboxes.
(1)
Each residence and business building in the City that receives mail
delivery from the United States Postal Service via rural route carrier
may, without notifying the City or otherwise complying with the provisions
of this section, erect one mailbox within the boundaries of the adjoining
City street or highway right-of-way, provided such mailbox is erected
and installed in accordance with United States Postal Service regulations,
and also in accordance with the following construction specifications:
(a)
All mailboxes shall be mounted on a wooden post or a post comprised
of high-density plastic (or a combination of such wood and plastic
materials) constructed in such a manner as to readily break away or
bend in the event of impact by a moving vehicle.
(b)
A newspaper tube may be attached to the mailbox post or included
as an integral part of a mailbox post constructed of high-density
plastic.
C.
Other permitted structures. Other than mailboxes permitted under Subsection B above, structures or obstructions (other than living vegetation) may be placed within the boundaries of City streets and highway rights-of-way only if placed and/or erected in accordance with the following conditions and criteria:
(1)
The property owner(s) shall have previously entered into a license
and indemnification agreement with the City of Oneida in such form
and content as shall have been approved from time to time by the City
Attorney and the Common Council, and shall have submitted to the City
Chamberlain a cash payment in the amount equal to the cost to record
the license and indemnification agreement in the office of the Madison
County Clerk.
(2)
The property owner(s) shall have previously submitted to the City
Clerk, and the City Attorney shall have previously approved of the
form and content of, a certificate of general liability insurance
naming the property owner as primary insured and the City of Oneida
as additional insured with respect to all actions and activities within
the City street or highway rights-of-way by the property owner(s)
or other persons covered by the policy of insurance. Such policy of
insurance shall be issued by a carrier licensed by the State of New
York and shall have coverage limits of not less than $300,000 per
occurrence for bodily injury, including death. Such policy and certificate
shall also provide that such insurance will not be cancelled or modified
except upon at least 30 days' prior written notice to the City of
Oneida.
(3)
No structure or obstruction (other than living vegetation) shall
be constructed upon any type of permanent foundation, nor extend more
than six inches below ground level.
(4)
No stone or masonry structure shall be constructed with any type
of mortar or any non-masonry reinforcing material.
(5)
No structure or obstruction shall be more than five feet in height,
nor more than two feet in either width or depth.
(6)
No structure or obstruction shall in any way obstruct or hinder the
use of the street or highway for public travel, or in any way hinder
or interfere with street maintenance, repairs or improvements, or
with snow-plowing operations or the storage of snow within the street
or highway right-of-way.
(7)
No structure or obstruction shall in any way obstruct, hinder or
interfere with any public utility lines or facilities that may be
within the street or highway right-of-way.
(8)
No structure or obstruction shall be placed less than three feet
from the curb, or three feet from the edge of the street pavement
if there is no curb.
(9)
If the speed limit on the adjoining street or highway is more than
30 miles per hour, but less than 41 miles per hour, no structure or
obstruction shall be placed less than four feet from the curb, or
four feet from the edge of the street pavement if there is no curb.
(10)
If the speed limit on the adjoining street or highway is more
than 40 miles per hour, no structure or obstruction shall be placed
less than five feet from the curb, or five feet from the edge of the
street pavement if there is no curb.
(11)
Upon the determination by the City of noncompliance with any
provision of this section, or the City Engineer's determination that
the structure or obstruction otherwise poses a risk or threat to the
public health or safety, the property owner shall remedy such noncompliant
condition as directed by the City Engineer, Code Enforcement Officer
or City Attorney, or shall remove the structure or obstruction from
the public right-of-way immediately upon receipt of written notice
and directive of the City. The determination of the City Engineer,
Code Enforcement Officer or City Attorney with respect to any determination
of noncompliance with the provisions of this section and/or the determination
of risk or threat to the public health and safety shall be final and
conclusive.
(12)
No provision of this section shall be deemed to limit the authority
of the City Engineer or any other officers and/or employees of the
City of Oneida with respect to the repair and/or maintenance of City
streets or highways, nor shall any provision of this section be deemed
to create any rights of private parties that are in conflict with,
or in derogation of any rights granted to the City of Oneida and its
officers and employees under any and all federal, state and local
laws. The City shall at all times have the right to remove any structure
within the City street or right-of-way when such removal is warranted,
and, in the event of such removal, the City shall not be liable in
any respect for such removal or the cost of restoration or replacement
of any such structure.
D.
Existing mailboxes and other structures.
(1)
The provisions of this section shall apply both to proposed mailboxes, structures and obstructions, and also to mailboxes, structures and obstructions placed within City street and highway rights-of-way prior to the initial effective date of this section. Existing mailboxes, structures and obstructions not in compliance with the provisions of this section as of its initial effective date shall be permitted to remain in place for a period of time ending on the date of the first transfer of title to the subject property occurring after the initial effective date of this section if the property owner(s) comply with the provisions of Subsections C(1) and C(2) above. Existing nonconforming mailboxes, structures and obstructions not modified to conform with the provisions of this section by the date of such initial transfer of title shall be removed from within the public right-of-way.
(2)
The City Assessor shall notify the City Engineer of all real property
transfers within the City as the City Assessor receives notification
of such transfers.
