[HISTORY: Adopted by the Board of Trustees of the Village of Ballston Spa 5-25-1943 as Sections 8 through 19, 21 through 29, 32 through 34, 45, 48, 49 and 53 of the Ordinances of the Village of Ballston Spa. Amendments noted where applicable.]
[Amended 10-25-1999 by L.L. No. 8-1999]
Sidewalks not less than four feet in width and of cement, slate, brick, bluestone or similar substance shall be constructed on both sides of the street in said Village. Such sidewalks and all repairs to the same shall be made by the owners or occupants of the premises adjoining such walks under the supervision of the Street Superintendent and of such material as the Committee on Streets shall direct after receiving notice from such Superintendent and within the time prescribed by the Board of Trustees, and, in case such owner or owners shall thereafter neglect so to do, the Street Superintendent shall construct or repair such walks, and the expense thereof may be collected by said Village against such owner or occupant in the manner prescribed by law.
[Amended 9-13-1949; 5-13-1968; 10-25-1983 by L.L. No. 3-1983; 10-12-1998 by L.L. No. 2-1998; 11-10-2003 by L.L. No. 2-2003; 8-27-2007; 3-11-2024 by L.L. No. 2-2024]
Whenever sidewalks are constructed, repaired, and/or replaced on the streets of said Village with the consent of the DPW Superintendent of approved material and of the width provided by law, the owner of the premises adjoining such walk who shall have constructed, repaired, and/or replaced the same will be paid, with approval of the Board of Trustees, a reimbursement amount as set by resolution of the Board from time to time. Receipts and bills of items of the cost thereof must accompany all claims for such payment, along with proof that said construction, repair, and/or replacement is in compliance with currently existing Department of Transportation and Americans with Disabilities Act legal requirements.
It shall be unlawful for any person to encumber the sidewalks, streets, alleys or lanes of the Village of Ballston Spa with casks, boxes or other articles or to pile or store on any sidewalk, street, alley or lane any casks, boxes or other articles. It shall not be lawful for the owner or occupant of any premises in the Village of Ballston Spa to erect or permit to be placed in or upon the street or sidewalk in front of or on any side of such premises any sign, pole, stepping block, boot-black stand, bicycle rack or canopy nor shall anyone be permitted to carry on any business or trade upon any sidewalk in said Village or shall any sign or advertisement be inserted in or placed on the surface of any sidewalk or highway.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties, which immediately followed this section, was deleted 5-13-1996 by L.L. No. 1-1996.
No person or persons shall hereafter erect or cause to be erected any building or other fixture or place any encumbrance in or upon or which shall project into or over the line of any public square, street or alley within this Village without first securing permission from the Board of Trustees.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties, which immediately followed this section, was deleted 5-13-1996 by L.L. No. 1-1996.
[Amended 5-13-1996 by L.L. No. 1-1996; 7-26-2004 by L.L. No. 2-2004]
A. 
It shall be unlawful for any owner of any house or building in the Village of Ballston Spa to permit the sidewalks or gutters in front of the premises owned by him to become in any manner obstructed by the accumulation of snow, ice and dirt thereon, and such owner shall remove the snow or ice from such sidewalk for the whole width thereof and from the gutters for the space of 20 inches from the curbline within eight hours after any fall of snow which shall cease in the daytime and before 12:00 noon of the day following any such fall of snow and before such fall of snow shall obtain the depth of 12 inches, or sooner should a hazardous condition be created and, in case the snow and ice becomes so congealed that the same cannot be removed without injury to the pavement, to cause such snow and ice to be sprinkled with fine ashes or sand and also at all other times to keep such sidewalks free and clear from all dirt, filth or other obstructions and encumbrances in order to allow and permit all persons to have the free and uninterrupted use of the same.
B. 
Notice to remedy; removal by Village; costs.
(1) 
In the event of a complaint received for the failure of the owner to comply with Subsection A hereof, the Mayor or his designee shall direct that a notice be delivered to the occupant of the premises that includes a copy of this section of the Village Code and notice that the condition must be remedied within 24 hours. Should the owner fail to comply, the Village shall then have the authority to perform the work and charge the owner four times the actual cost to the Village. In the event that the notice is not able, for whatever reason, to be delivered to the occupant, the Village is authorized to affix a copy of said notice to the premises. The affixation of the notice to the premises shall have the same effect as if served to the occupant.
(2) 
In the event it is necessary for the Village to perform the work, the owner will be provided with a summary of cost and the amount due within 14 days. The owner shall then have 30 days to make payment. In the event that the owner does not remit payment to the Village, the Village is hereby authorized to make said amount a lien against the property and collect the amount due as an assessment against the property in a like manner as collection of taxes.
C. 
In the event that the owner of the adjoining premises fails to comply with the provisions of this section and, by reason of such failure, injuries to persons and damage to property result, then in such event such owner shall be liable for such injuries or damages.
Any person shall not obstruct, keep or use any part of any street, walk, lane, public square or other public ground or any gutter, sewer, drain brook, watercourse or public reservoir in any manner or for any other purpose than is authorized by law or by the Code of the Village of Ballston Spa.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties, which immediately followed this section, was deleted 5-13-1996 by L.L. No. 1-1996.
A. 
No person shall cause any vehicle to obstruct the free use of any sidewalk or crosswalk in the Village.
[Amended 5-13-1996 by L.L. No. 1-1996]
B. 
No person shall push, ride or draw any vehicle except a baby carriage or invalid chair upon any sidewalk in the Village.
C. 
No person shall encumber the street or sidewalks in the Village with boxes, barrels, crates, wares, merchandise or any material whatever.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties, which immediately followed this section, was deleted 5-13-1996 by L.L. No. 1-1996.
[Added 10-9-2006 by L.L. No. 4-2006]
A. 
No dumpster shall be placed, located upon or obstruct a sidewalk within the Village of Ballston Spa unless the owner of the property demonstrates to the Building Inspector that there is absolutely no alternative to the dumpster being placed, located upon or obstructing the sidewalk.
B. 
In the event that the Building Inspector makes the determination that there is absolutely no alternative to the dumpster being placed, located upon or obstructing the sidewalk, the owner shall provide plans for a three-sided screen that is appropriate in facade design and in size to obscure the view of the dumpster. Said plans must be approved by the Building Inspector prior to construction.
C. 
In the event that the owner of the property disagrees with the determination of the Building Inspector, the owner may appeal to the Planning Board for a determination of the disputed issues.
D. 
Failure to comply shall be punishable by a fine of $50 per day.
[Amended 5-13-1996 by L.L. No. 1-1996]
No person shall permit or cause any vehicle to stand on any crosswalk in this Village for a longer time than necessary for a person to alight therefrom or to get into such vehicle nor except for such purpose.
A. 
No person shall haul or transport or cause to be hauled or transported over or upon any of the streets of this Village any gravel, stone, sand, dirt, offal, manure, rubbish, shavings, sawdust, lime or other substance in any wagon or other vehicle which is not constructed so as to prevent the material with which it may be loaded from dropping or sifting through upon said streets nor shall any person move or cause to be moved any vehicle through or upon any of the streets of the Village containing any of the materials above mentioned placed thereon so that the same shall fall or blow from such vehicle upon any of said streets.
B. 
All garbage and similar refuse, carried through the streets of the Village of Ballston Spa must be in airtight containers and properly covered.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties, which immediately followed this section, was deleted 5-13-1996 by L.L. No. 1-1996.
No person shall deposit or cause to be deposited any dirt, ashes, grass, leaves, brush or other substance upon any of the streets, sidewalks, gutters, highways, alleys or banks of streams in said Village unless the same shall be done for the improvement of such streets under the direction of the Street Superintendent.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties, which immediately followed this section, was deleted 5-13-1996 by L.L. No. 1-1996.
[Amended 5-13-1996 by L.L. No. 1-1996]
No person shall throw or deposit in or upon any street or public place of the Village of Ballston Spa or in or upon any place from whence the same shall be carried by the wind to or upon such street or public place any paper or other substance easily blown about by the wind.[1]
[1]
Editor's Note: Former sections 19, 21 and 22 of the Ordinances of the Village of Ballston Spa entitled Foul water, Cleaning sidewalks, and Cleaning sidewalks and gutters, respectively, were deleted 5-13-1996 by L.L. No. 1-1996.
[Amended 5-13-1996 by L.L. No. 1-1996]
A. 
Any person or persons engaged in the erection of any building or structure or in excavating for any cellar, wall or sewer or other excavation shall not occupy or use any portion of any street, alley or public place of the Village of Ballston Spa with any building material or other substance formed by such excavation without first obtaining consent of the Building Inspector. No person or persons shall thus occupy such street, alley or public place any longer than is reasonable to construct such buildings or to make any such excavation as mentioned aforesaid nor for any period longer than that permitted by the Building Inspector. Such use of a street, alley or public place shall be subject to such rules and regulations as the Building Inspector shall prescribe. In every case where permission shall be granted as aforesaid, the gutters along such street, alley or public place shall be kept entirely free and clear of all obstruction.
B. 
Any person or persons asking permission to use a street, alley or public place of the Village of Ballston Spa for the purpose herein above set forth shall, if required by said Village, give a bond in an amount commensurate with the actual costs and potential costs of damages, which shall be determined by the Building Inspector, to said Village to indemnify it against any damage, costs or expenses that may arise from the use of such street, alley or public place by such person or persons.
[Amended 9-12-2005 by L.L. No. 1-2005]
A. 
Definitions. As used in this section, the following definitions shall have the meanings indicated:
EMERGENCY
Any condition which poses an imminent and serious threat to life, safety or property.
EXCAVATION
Excavating, drilling, boring or the like.
HIGHWAY
All or any part of any street, right-of-way, roadway or highway owned, controlled or maintained by the Village of Ballston Spa.
VILLAGE
The land area located within the boundary of the Village of Ballston Spa.
B. 
Permit required, except for emergencies. A person, firm or corporation, public service or water, light or power company, except duly authorized Village officials or employees acting in their official capacities on Village projects, shall not excavate, drill or bore in any highway or sidewalk in the Village for any purpose without first obtaining Village Board approval and obtaining a permit from the Village Clerk as hereinafter provided except in the case of an emergency as herein defined.
C. 
Issuance of permit; bond; insurance.
(1) 
Upon a written application filed with the Village Clerk stating the purpose, extent, location, date and duration and nature of a proposed excavation or other disturbance of a highway or sidewalk in the Village, the Village Board may grant or deny a permit therefor. Except in an emergency, or where an excavation or disturbance shall be directly authorized by law, the Village Board may require the applicant to deposit a sum of money, which shall be deemed by the Mayor and/or the Department of Public Works' Trustee Commissioner as adequate to pay any and all expenses to which the Village may be put to replace the streets, highways, or sidewalks, pavement, curb or gutter in proper condition, or in lieu thereof, the applicant shall file with the Village Clerk a surety bond or the equivalent in such amount as the Village deems adequate to pay said expenses, upon the condition that the permittee replace the streets, highways or sidewalk, pavement, curb or gutter in proper condition or pay all of the expenses to which the Village may be put to replace the streets, highways or sidewalk, pavement, curb or gutter or put the same in proper condition upon the satisfactory completion of the project. All costs associated with determining the amount of the surety bond or the equivalent shall be charged to the permit applicant.
(2) 
Such applicant shall take out and maintain during the term of the permit and file with the Village Clerk a public insurance policy insuring the Village of Ballston Spa, its agents, servants, and/or employees in an amount not less than $1,000,000 for injuries, including wrongful death, to any person, and subject to the same limit for each person in an amount not less than $1,000,000 on account of each occurrence, and a property damage insurance policy insuring the Village of Ballston Spa and all employees thereof in an amount not less than $1,000,000 on account of all occurrences. Such insurance policies shall cover liability which may arise from operations under the permit, whether such operations are by the permittee or any individual employed either by the permittee or by the Village of Ballston Spa. Such insurance policies shall be issued in the name of the Village of Ballston Spa, its agents, servants and/or employees.
D. 
Fees. Except as otherwise provided by law or where permits as above are granted for work done at the direction of the Village, each application for such permit shall be accompanied by a fee of $150 for such excavation, to be paid to the Village. The fee and permit herein required shall be in addition to permits required for construction of any sidewalk, curb or driveway.
E. 
Protection of property.
(1) 
All permits granted for Village highway or sidewalk excavations for any purpose shall be conditioned upon the adequate protection, at the expense of the applicant, of the property of the Village and of persons, corporations or municipalities engaged in the underground distribution of gas, gasoline, fuel oil, and electricity via lines or mains within the vicinity of the proposed excavation. All excavations shall be backfilled properly upon completion and a written notice thereof given to the Village Clerk. All backfilled excavations shall be maintained for one year after such notice of completion has been given. Such excavations must be made and restored under the supervision of the Working Foreman of the Department of Public Works or restored to specifications. The Village Board of Trustees shall require that they be restored as nearly as is practicable to their original condition before such excavation was made.
(2) 
Routing of traffic. The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, and at no time shall a highway ever be closed to all traffic for any period of time, unless deemed necessary by the Village. The following steps shall be taken before any highway may be restricted to traffic:
(a) 
The permittee must notify the Village Mayor and the Working Foreman of the Department of Public Works;
(b) 
The permittee must notify the applicable fire company of any street so restricted; and
(c) 
Where flagmen are deemed necessary by the Mayor, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. The permittee will be responsible for any unnecessary damage caused to any highway by the operation of its equipment.
(3) 
Noise and dust control; work hours.
(a) 
In all cases the permittee shall endeavor in good faith to take such reasonable precautions and follow such reasonable work procedures as may be appropriate to control and abate as fully as possible the creation of excessive noise and dust.
(b) 
Except in cases where the permittee's excavation is necessary to prevent an imminent danger to the public health and safety or is immediately necessary to restore the uninterrupted flow of public utility services, no such excavation shall be conducted earlier than 7:00 a.m. or later than 7:00 p.m.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties, which immediately followed this subsection, was deleted 5-13-1996 by L.L. No. 1-1996.
[Amended 9-12-2005 by L.L. No. 1-2005]
A. 
If the person who makes such an excavation fails, upon notice from the Department of Public Works' Working Foreman, to restore it within a reasonable time to the satisfaction of the Village Board, the Village shall perform the task at the expense of the permittee and may reimburse itself from the bond or cash deposit provided in lieu thereof. The balance, if any, of such deposit shall be refunded to the depositor.
B. 
Damage to public utilities and improvements. The person, corporation, or entity to whom any permit is issued pursuant to this chapter shall be responsible for all damages caused to public utilities in the highway and shall replace any cracked or damaged sewer pipe or water main with new pipe and repair or replace ditches, curbs, sidewalks or other improvements so that they shall be in as good condition after the excavation as before the excavation, under the supervision of the Village.
C. 
Responsibility of Village. The Village, by the issuance of any such permit, assumes no responsibility for supervising the work of any permittee or for the work actually performed by any permittee and shall not be liable for the negligence of any such permittee.
D. 
Action by Village; cancellation of permit.
(1) 
In the event that an unsafe condition is created with any work being performed pursuant to a permit issued hereunder, which condition creates an immediate danger of personal injury or property damage, the Village shall have the right to take whatever action is necessary and perform such work as required to restore the same to a proper and safe condition, and the cost thereof shall be charged against the permittee and/or deducted from the deposit made by it or paid by the surety, as the case may be.
(2) 
In the event that a permittee fails to abide by the specifications issued by the Village Board, the Village shall have the right, after 24 hours' written notice to the permittee, if said permittee has not made satisfactory arrangements, to correct the situation, to cancel the permit or otherwise take whatever action is necessary to remedy the permittee's noncompliance, and the cost thereof may be charged against the permittee and deducted from the deposit made by him/her or paid by the surety, as the case may be.
Any person making or causing to be made any excavation within five feet of the line of any street shall erect and maintain at all times substantial barriers at least four feet in height between said street and the excavation and, between sunset and sunrise, keep a lighted lantern, flares or other lighted device placed upon said barriers so as to properly warn all persons of such excavation.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties, which immediately followed this section, was deleted 5-13-1996 by L.L. No. 1-1996.
No person shall dig into or across the sidewalk in front of the premises owned or occupied by him/her or in front of any other premises or shall cause the same to be done until the owner or occupant thereof shall have obtained the permission of the Street Superintendent, in writing, which permission shall state the purpose for which said digging is to be done, and such person, after such digging, shall put the sidewalk and gutter in as good condition as they were in before and shall maintain the same for six months thereafter in such good condition and to the satisfaction of the Street Superintendent.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties, which immediately followed this section, was deleted 5-13-1996 by L.L. No. 1-1996.
Any person making or causing to be made an excavation in any street shall, between sunset and sunrise on every night that the same remains open, keep the same fenced and a lighted lantern or lanterns, flares or other lighted device placed so as to properly warn all persons of such excavations.
A. 
No person shall place or cause to be placed in any street materials for building or any other purposes without a permit to do so, in writing, from the Mayor or Board of Trustees.
B. 
No permit shall be for a longer period than one month nor shall it authorize the obstruction of more than 1/3 of the sidewalk or more than six feet in width of the roadway adjoining the lot upon which such materials are to be used or the placing of such materials nearer than four feet to any street railway track.
C. 
In special and peculiar cases, the Board of Trustees may, upon proper application and proof of necessity and upon conditions to be prescribed by it, grant special permits for a limited time.
D. 
Any person receiving such permit shall cause proper barriers and guards to be erected around such materials sufficient to secure public safety. All materials and rubbish arising therefrom shall be removed from the street upon the expiration of the term of said permit or upon revocation thereof.
E. 
Any permit may be revoked at any time by said Mayor or by the Board of Trustees.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties and Sections 32, 33, 34, 45 and 48 of the Ordinances of the Village of Ballston Spa, dealing with cellarways and stairways, interference with barriers, grade of the streets, animals on sidewalks, and sliding and ball playing, respectively, which immediately followed this section, were deleted 5-13-1996 by L.L. No. 1-1996.
A. 
All persons are forbidden to ride a motorcycle, bicycle, tricycle or similar vehicle on any of the public sidewalks of the Village of Ballston Spa.
B. 
Every person riding a motorcycle, bicycle, tricycle or similar vehicle between one hour after sunset and one hour before sunrise shall have attached thereto or carried therewith a light to be plainly seen 200 feet ahead, and every person riding a motorcycle, bicycle, tricycle or similar vehicle shall give an alarm by bell, whistle or otherwise which may be heard 100 feet distant when about to meet or pass pedestrians or other vehicles. All persons riding motorcycles, bicycles, tricycles or similar vehicles are forbidden to coast or proceed by inertia or momentum with the feet off the pedals or to carry children under five years of age upon bicycles. All cyclists shall observe such rules of the road as are established by the Highway Law.
C. 
The provisions of Subsection A hereof shall not apply to children under 10 years of age or to persons who cannot walk by reason of being invalids or disabled.[1]
[1]
Editor's Note: The former unnumbered paragraph dealing with penalties and Section 53 of the Ordinances of the Village of Ballston Spa dealing with leaving horses or automobiles upon streets, which immediately followed this subsection, were deleted 5-13-1996 by L.L. No. 1-1996.
[Added 6-26-1945]
A. 
Whenever curbs are constructed on the streets of said Village with the consent of the Board of Trustees of material approved by the Board, the following specifications shall apply:
(1) 
Standard cross section of curb.
(a) 
The minimum top width shall be five inches.
(b) 
The minimum bottom width shall be eight inches.
(c) 
The depth shall be 24 inches.
(d) 
The top corner on the face shall have a one-inch-radius.
(e) 
The back shall be neatly rounded.
(2) 
Concrete. Class-A concrete shall be used, with the back of the curb vertical, the face of the curb battered, and curbs shall be built in sections as in sidewalk construction by using steel dividing plates at intervals of not more than five feet, with a one-half-inch expansion joint every 50 feet.
(3) 
Curbing. Standard curbing shall be set with six-inch exposure and 18 inches buried; other than standard dimension, curbing shall be set in accordance with specifications for specific cases.
B. 
The owner of the premises adjoining such curb who shall have constructed, repaired, and/or replaced the same will be paid, with approval of the Board of Trustees, a reimbursement amount as set by resolution of the Board from time to time. Receipts and bills of items of the cost thereof must accompany all claims for such payment along with proof that said construction, repair, and/or replacement is in compliance with currently existing Department of Transportation and Americans with Disabilities Act legal requirements.
[Amended 9-13-1949; 5-13-1969; 10-25-1983 by L.L. No. 3-1983; 11-10-2003 by L.L. No. 2-2003; 3-11-2024 by L.L. No. 2-2024]
[Added 8-11-1970]
A. 
All sidewalks and curbing within said Village shall be kept and maintained in a safe and proper manner by the property owners adjacent to all such sidewalks and curbing.
B. 
Whenever any said sidewalk or curbing shall, in the opinion of the Mayor and the Board of Trustees, be deemed by them to be unsafe or in a state of disrepair, the Mayor and the Board of Trustees shall so notify said adjacent landowner and direct said landowner to replace or repair any such sidewalk or curbing.
C. 
Upon the failure of any adjacent landowner to replace or repair a defective or unsafe sidewalk and/or curbing within 30 days of receipt of written notice pursuant to Subsection B aforesaid, the Village of Ballston Spa shall replace or repair any such sidewalk and/or curbing, and the cost thereof shall be added to the next succeeding Village tax bill, and the same shall be a charge upon and lien upon said adjacent real property.
D. 
Any repairs or replacements made pursuant to this chapter shall be made in conformity to the Zoning chapter of the said Village.[1]
[1]
Editor's Note: See Ch. 205, Zoning.
[Added 7-14-1990 by L.L. No. 1970]
A. 
No civil action shall be brought or maintained against the Village of Ballston Spa for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk of crosswalk being defective, out of repair, unsafe, dangerous or obstructed or in consequence of the existence or accumulation of snow or ice upon any street, highway, bridge, culvert, sidewalk or crosswalk unless written notice of the existence of such condition relating to the particular place had theretofore actually been given to the Board of Trustees of the Village of Ballston Spa and there had been a failure or neglect on the part of said Village to cause such condition to be corrected or such snow or ice to be removed or the place otherwise made reasonably safe within a reasonable time after the receipt of such notice.
B. 
Nothing herein contained, however, shall be held to revive any claim or cause of action now barred by an existing requirement or statute of limitations nor to waive any existing limitation now applicable to any claim or cause of action against the Village of Ballston Spa.
[Added 5-13-1996 by L.L. No. 1-1996]
Any person violating any provision of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.