[Adopted 8-13-1969 as Ch. 5, Art. V, of the 1969 Code of Ordinances]
As used in this article, the following terms shall have the meanings indicated:
STREET
Includes any highway, avenue or alley within the Village of Scotia extending the full width of the right-of-way and including sidewalks and unpaved portions between the property line and the traveled areas.
It shall be unlawful for any person to encroach upon, litter or obstruct any street, alley or public ground or in any manner to interfere with or impede the use thereof by the public.
A. 
No person shall erect or place any building or structure or any gasoline pump or storage tank in a public street.
B. 
No person shall place or allow any box, barrel or other container to remain upon a public street.
C. 
No person shall place or permit any rack, stand, vending machine or merchandise to be displayed for sale upon any public street or public grounds.
D. 
No person, firm, or corporation shall throw, place or deposit or cause to be thrown, placed or deposited any snow, ice, glass, nails, bottles, refuse, garbage or other waste materials in a public street.
[Amended 11-9-2005 by L.L. No. 9-2005]
E. 
No person shall cause or permit any fire for burning leaves, grass or other materials upon a public street.
No person shall haul any loose or liquid material of any kind upon the public streets except in a vehicle having a tightly enclosed body so constructed as to prevent the spilling of any substances therein contained.
No person shall put up or attach any sign, handbill, advertisement, showbill or poster of any kind to any tree, pole or post in any public street or public ground.
No person shall operate or drive upon any street or public grounds within the Village any tractor or other heavy machine having wheels or movable tractor treads equipped with metal lugs, cleats, shoes or similar devices which are designed to come in direct contact with the surface of the roadway unless such metal lugs, cleats, shoes or devices are removed or properly covered and guarded so as to prevent injury to the roadway. No person shall pull or tow a disk harrow or pulverizer or any farm implement upon any street within the Village unless such disk harrow or pulverizer or other farm equipment is mounted on wheels or some other suitable device so that only wheels which present a smooth and even surface shall come in contact with the surface of the street over which it passes.
The use of motorized sound producing devices, commonly known as "sound trucks," is hereby prohibited on the streets of the Village of Scotia, except Mohawk Avenue, North Ballston Avenue and Sacandaga Road, where they may be used only between the hours of 10:00 a.m. and 7:00 p.m. on any day except Sunday, upon written permission of the Chief of Police.
Any person riding a cycle or animal or driving an animal drawing a vehicle upon any street shall be subject to all applicable provisions of this article.
A. 
Riding on sidewalk prohibited. No person shall ride any animal or motorcycle upon any sidewalk in the Village of Scotia. No person over 10 years of age shall ride any bicycle, tricycle, skateboard or in-line skate or similar self-propelled vehicle upon any sidewalk.
[Amended 7-13-2023 by L.L. No. 3-2022]
B. 
Coasting. It shall be unlawful for persons riding motorcycles, bicycles or other similar vehicles to coast or proceed with inertia or momentum with feet off the pedals of such vehicles.
C. 
Other restrictions. It shall be unlawful for persons riding animals, motorcycles, bicycles or other similar vehicles to ride such vehicles abreast of each other or fail to observe the rules of the road as established by the Vehicle and Traffic Law.
D. 
Sledding and riding. No person shall ride, slide or coast with any device or conveyance commonly called a "cart," "wagon," "sled," "skiis," or "roller skates" in or upon any street, sidewalk or highway within the Village of Scotia.
[Amended 7-13-2023 by L.L. No. 3-2022]
E. 
Playing games. No person shall roll a hoop or play ball or other games within the traveled portion of any public street or highway.
F. 
Skateboards and in-line skates.
[Added 7-13-2023 by L.L. No. 3-2022]
(1) 
Legislative findings and declaration of purpose. The Village Board finds that skateboarding and in-line skating pose a special safety hazard which must be addressed and that, therefore, appropriate regulation thereof is necessary to promote the safety of skaters, pedestrians, motor vehicle operators and other persons utilizing roadways and sidewalks within the Village. Accordingly, the Village Board declares this law to be necessary for the protection of the public health, safety and welfare and to be in the public interest.
(2) 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
IN-LINE SKATES
Manufactured or assembled devices consisting of a shoe boot with a blade-like runner approximately three inches to four inches in thickness mounted or permanently attached thereto in a frame across the length of such shoe boot, with such blade-like runner containing three, four or five wheels designed to minimize friction with any surface with which they come in contact and which are aligned along the length of the runner in more or less a straight line, and used to skate or glide, by means of human foot and leg power.
SKATEBOARD
Manufactured or assembled device consisting of a narrow board of wood, plastic, fiberglass or similar material with roller skate or other type of wheels attached to each end, without a mechanism or other device for steering, and used to skate or glide, by means of human foot and leg power.
(3) 
General standard of care. No person shall use or operate a skateboard or in-line skates upon any public streets (including the entire paved and improved surfaces thereof and gutter areas, from curb to curb, where curbs exist), sidewalks, curbs, railings, steps, ramps or other public property within the Village:
(a) 
In a careless or aggressive manner without due caution;
(b) 
While endangering, or in any manner creating a risk or danger to, any person or property;
(c) 
In a manner which impedes or interferes with pedestrian or vehicular traffic;
(d) 
Without yielding the right-of-way to all pedestrians and giving an audible signal when overtaking and passing any pedestrian;
(e) 
Within six feet of any business or commercial structure, except for purposes of ingress or egress thereto;
(f) 
Other than in strict observance of those provisions of Article 34 of the New York State Vehicle and Traffic Law relating to the operation of bicycles and in-line skates, except as to those provisions which by their nature can have no application; or
(g) 
Except in strict compliance with other duly enacted laws, rules or regulations.
(4) 
Restricted use areas. Areas in the Village of Scotia in which skateboard riding or in-line skating is prohibited are as follows:
(a) 
Route 5 (Mohawk Avenue) from Schonowee Avenue to Schermerhorn Street.
(b) 
Route 50 (Ballston Avenue) from Route 5 (Mohawk Avenue) to Bancker Avenue.
(c) 
Route 147 (Sacandaga Road) from Route 5 (Mohawk Avenue) to Albermarle Road.
(d) 
Cuthbert Street from Vley Road to Ballston Road.
(e) 
Sacandaga Road from Route 5 (Mohawk Avenue) north to the Village/Town boundary line.
(f) 
Schonowee Avenue from Route 5 to Washington Avenue.
(g) 
Vley Road from North Ballston Avenue to Halcyon Street.
(5) 
Helmet required. No person, one or more years of age and less than 16 years of age, shall skate or glide on a skateboard or in-line skates unless such person is wearing a helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation's Standards for Protective Headgear for use in bicycling. For the purposes of this section, "wearing a helmet" means having a helmet of good fit fastened securely on the head with the helmet straps.
(6) 
Responsibility of parent or guardian. The parent or guardian of a minor child shall not authorize or knowingly permit any such child to violate any of the provisions of this chapter.
A. 
The word "tree," as used in this section, shall include all trees and shrubs growing at any height.
B. 
No person shall plant or set out any tree or shrub within the right-of-way limits of any street without first having obtained a written permit therefor showing the specific location and spacing and designating the size and species of tree to be planted.
C. 
No person shall deface or in any way injure or destroy any tree growing on a street or public ground of the Village. No person shall trim, cut or remove any such tree without first having obtained a permit therefor from the Superintendent of Public Works.
D. 
Any tree standing in or upon any lot or land adjacent to a public street or public ground and having branches which project into or over such street or public ground shall be kept trimmed by the owner thereof so that:
(1) 
Branches shall not project into or over a street or public grounds within a height of eight feet above the surface of the ground; and
(2) 
Branches shall not project into or over a street or public grounds in such a way as to interfere with or obstruct the lighting from any street light thereon.
E. 
Removal of trees. Any dead or diseased trees on private property shall be removed by the owner of the property when such tree constitutes a hazard or danger to public streets or public places. Such hazard shall be determined by the Superintendent of Public Works or his agent.
[Added 5-14-2008 by L.L. No. 3-2008]
F. 
If after due notice, the owner of any tree referred in Subsection D or E above shall fail to keep such tree trimmed or removed as required, the Superintendent of Public Works shall cause said tree to be thus trimmed or removed, and the cost thereof, plus an administrative fee equal to the greater of 15% of the cost of such work or $200, shall be assessed by the Board of Trustees against the property on which such tree stands or stood, which shall constitute a lien and charge on such property.
[Amended 5-14-2008 by L.L. No. 3-2008]
A. 
It shall be the duty of the owner or occupant of any lot abutting or bordering upon a public street to:
(1) 
Remove or cause to be removed all accumulations of snow and ice from the sidewalk adjacent to such premises.
(2) 
Keep grass and weeds cut on all unpaved areas between the property or street line and the traveled portion of the street.
(3) 
Maintain all water service curb boxes at ground level.
B. 
If, after due notice, the owner or occupant fails, refuses or neglects to remove such snow and ice, cut grass and weeds or lower curb boxes as required above, the Superintendent shall cause such work to be done, and the cost thereof, plus an administrative fee equal to the greater of 15% of the cost of such work or $200, shall be assessed against the property by the Board of Trustees.
[Amended 9-13-1996 by L.L. No. 13-1996]
A. 
It shall be the duty of the owner or occupant of any lot abutting or bordering upon a public street to maintain the sidewalk adjacent thereto in good repair and in a safe condition for public use at all times.
B. 
Whenever the Superintendent of Public Works shall observe or be notified of any sidewalk in a condition which, in his judgment, endangers the public, he shall give written notice of such condition to the owner of the adjoining lot, ordering such repair or replacement as he may deem necessary. If within 10 days after such notice is given the owner fails, refuses or neglects to make such repairs or replacement, the Superintendent shall report such failure or refusal, in writing, to the Village Board. The Board of Trustees may then cause the necessary repairs or replacement to be made and assess the full cost, or any portion thereof, against the adjoining property, as empowered by the provisions of § 161 of the Village Law.[1]
[1]
Editor's Note: "Section 161 of the Village Law" refers to a section in the Village Law as it appeared prior to the 1972 recodification of the Village Law.
[Added 9-14-2005 by L.L. 4-2005]
All Village sidewalks shall be constructed or replaced in accordance with the terms and provisions of this section. Requirements for sidewalks herein shall apply to sidewalks crossing a driveway.
A. 
Permit. No person or persons, firm or corporation shall construct or replace any sidewalk without first applying for and obtaining from the Superintendent of Public Works a permit for the same. There shall be no fee for said permit.
B. 
Specifications.
(1) 
All new or replaced sidewalks must be constructed of concrete in accordance with the specifications required by the Superintendent of Public Works except as listed in Subsection B(2).
(2) 
All new or replaced sidewalks within the following portions of the Central Business District as defined by the map of the Central Business District Master Plan shall be constructed of concrete with decoration consistent with neighboring properties as recommended by the Planning Board and with specifications required by the Superintendent of Public Works:
[Amended 8-3-2022 by L.L. No. 4-2022]
(a) 
Street areas.
[1] 
Mohawk Avenue (north side) from Collins Street through 304 Mohawk Avenue.
[2] 
Mohawk Avenue (south side) from and including 9 Mohawk Avenue through 303 Mohawk Avenue.[1]
[1]
Editor's Note: Former Subsection B(3), regarding authorization of concrete and brick pavers, which immediately followed this subsection, was repealed 8-3-2022 by L.L. No. 4-2022.
C. 
Exceptions. Said permit and specifications requirements do not apply to patching of sidewalks. Patching done with any material other than concrete shall not constitute more than 25% of the surface area of a four-by-four square. Any deviation from the requirements set forth in this section is subject to the written approval of the Superintendent of Public Works.
Whenever expenditures are made or contracts awarded for repairs or improvements authorized in this article which are to be assessed upon the land affected, the Board of Trustees shall proceed under § 4-414 of the Village Law.
[Added 10-13-1996 by L.L. No. 4-1993; amended 9-14-2005 by L.L. No. 4-2005]
Any person, firm or corporation violating any provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $250 or imprisonment for a term not exceeding 15 days, or both. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
A. 
Any person violating § 210-17F of this article shall be guilty of a violation subject to the following penalties:
[Added 7-13-2023 by L.L. No. 3-2022]
(1) 
For the first conviction, a fine of not more than $25.
(2) 
For the second conviction, a fine of not less than $75.
(3) 
For the third conviction or more, a fine of not less than $150.
(4) 
In the case of a third violation or more, a police officer who shall observe any person using or riding upon a skateboard in violation of this section may take possession of the skateboard and issue a dated, written notice of such violation to such person, or if such person is under the age of 18 years, to the person and their parent or guardian. The skateboard shall be returned to the rider, or if under 18, to their parent or guardian at the court appearance and payment of a $35 impoundment fee.
[Added 9-14-2005 by L.L. No. 4-2005]
In addition to the Police Department, the Superintendent of Public Works is hereby authorized to enforce this article.