[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.
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)
IN-LINE SKATES
SKATEBOARD
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
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.
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:
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:
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]
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.
