[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:
- 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.
No person shall erect or place any building or structure or any gasoline pump or storage tank in a public street.
No person shall place or allow any box, barrel or other container to remain upon a public street.
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.
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]
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.
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 or similar self-propelled vehicle upon any sidewalk.
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.
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.
Sledding and riding. No person shall ride, slide or coast with any device or conveyance commonly called a "cart," "wagon," "sled," "skiis," "skates" or "skateboard" in or upon any street, sidewalk or highway within the Village of Scotia.
Playing games. No person shall roll a hoop or play ball or other games within the traveled portion of any public street or highway.
The word "tree," as used in this section, shall include all trees and shrubs growing at any height.
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.
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.
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:
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]
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]
It shall be the duty of the owner or occupant of any lot abutting or bordering upon a public street to:
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]
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.
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.
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.
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.
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).
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 and brick pavers with specifications required by the Superintendent of Public Works:
The Superintendent of Public Works may authorize concrete and brick pavers upon recommendation of the Planning Board.
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.
[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.