[Adopted 5-9-1966 as portion of Ch. 21 of the 1966 Code]
Any person owning, leasing or in possession
of lands in the Village shall maintain them at a level or grade not
lower than the level established for the adjoining sidewalk or sidewalk
line, as fixed by the Village Engineer, to a distance of not less
than six feet from the sidewalk or sidewalk line unless he shall have
protected or walled off said land from the sidewalk or street by a
fence of such height and construction as shall have been approved
by the Superintendent of Buildings.
[Amended 6-22-1981 by L.L. No. 13-1981]
A.
It shall be the duty of every property owner and occupant
to keep the sidewalk and curb adjoining his premises in safe, passable
condition. For failure, upon notice by the Village Clerk of not less
than 24 hours, to make such repairs as are specified as to place and
manner, the Board of Trustees may cause the same to be done and assess
the expense upon the adjoining land.
B.
The Board of Trustees may construct, build, flag,
surface, resurface, alter, repair, grade, regrade, maintain, care
for and clean sidewalks, curbs and gutters in public streets; may
direct and order any such work, repair or improvement to be done by
the property owner and occupant of the property and on default may
have the same done by the Village and charged or assessed against
the abutting property; may regulate and prescribe the grade, width,
materials, construction and other specifications of any such work;
may have such work or improvement performed by the Village or by contract
and may pay for the same from the Village funds and assess such total
cost against the property benefited; and may provide that the cost
of any such work or improvement be paid at a specified time or in
annual installments.
C.
Duty of property owners, tenants and others to keep
sidewalks, curbs and gutters clean.
[Added 9-13-1999 by L.L. No. 10-1999]
(1)
The sidewalks and curbs, abutting or in front of every
building or lot, and also the gutter and street area adjacent to the
curb to a distance of at least 18 inches from the curb, before 10:00
a.m. each day in residential areas of the Incorporated Village of
Freeport, shall be kept clean and clear of any litter, garbage, trash,
refuse or other debris, except in proper containers and at proper
times for collection, by the owner, tenant, occupant or person in
charge of each such building or lot.
[Amended 11-18-2013 by L.L. No. 4-2013]
(2)
No such owner, tenant, occupant, or person in charge
of any such building or lot, and no gardener/landscaper or any employee
or other person shall use a power sweeper or blower to clean any sidewalk,
curb, gutter or street area unless all sweepings and debris are collected
and removed from such areas immediately after using such power sweeper
or blower.
(3)
Any person violating any provision of this section
shall be guilty of a violation punishable by a fine of not less than
$50 nor more than $250 for the first offense, and not less than $100
nor more than $500 for each subsequent offense, or by imprisonment
for not more than 10 days, or by such fine and imprisonment.
D.
Duty of merchants and others to keep sidewalks, curbs
and gutters clean.
[Added 9-13-1999 by L.L. No. 10-1999]
(1)
The sidewalks, curbs and gutters adjacent to and abutting
upon each and every commercial, mercantile, business or other establishment
in the Incorporated Village of Freeport shall be kept clean and clear
of any trash, refuse or any other debris by the owner, operator or
licensee of each such establishment. Each owner, operator or licensee
of a commercial, mercantile, business or other establishment shall
sweep such sidewalk, curb or gutter, and also the gutter and street
area adjacent to the curb to a distance of at least 18 inches from
the curb, before 10:00 a.m. each day that such business or establishment
is open or operated. All sweepings and other debris shall be collected
and removed to private containers by such owner, operator or licensee.
(2)
Each person, corporation or business entity violating
any provision of this section shall be guilty of a violation punishable
by a fine of not more than $250 or by imprisonment for a term not
exceeding 15 days, or by both such fine and imprisonment for each
such violation.
E.
Enforcement. This section shall be enforced by the
Superintendent of Buildings or such employees as he designates.
[Added 9-13-1999 by L.L. No. 10-1999]
[Amended 10-9-1967; 3-20-2000 by L.L. No. 3-2000]
No person who is the owner, lessee or occupant
of any premises adjoining any street, avenue or highway shall place
or keep or permit to be placed or kept on any sidewalk in front of,
adjoining or adjacent to such premises any goods, wares or merchandise.
Nothing contained herein shall prohibit persons from placing goods,
wares or merchandise or household furniture on the sidewalks for purposes
of loading or unloading.
No person shall erect or hang or permit to be
erected, hung or maintained upon any building owned or occupied by
him an awning or canopy, any part of which shall project in, over
or upon any of the streets, sidewalks or public places unless such
awning or canopy is at least seven feet above the sidewalk upon such
street or public place.
[Added 6-18-2001 by L.L. No. 3-2001]
A.
Obstruction forbidden. No person shall deposit any
material designed for use in building construction or for other purposes
within the Village right-of-way, or in any other manner obstruct or
impede free travel upon such street or sidewalk, unless a permit has
been issued therefor.
B.
Prerequisites for permit. As a prerequisite to securing
a permit, each applicant must file with the Village Clerk an application
containing:
C.
The Board of Trustees by resolution shall adopt and
from time to time may amend a schedule of fees payable by an applicant
for the required permit herein.
[Added 6-18-2001 by L.L. No. 3-2001]
A.
Obstruction forbidden. No person shall deposit any
material designed for use in building construction or for other purposes
within the Village right-of-way, or in any other manner obstruct or
impede free travel upon such street or sidewalk, unless a permit has
been issued therefor.
B.
Prerequisites for permit. As a prerequisite to securing
a permit, each applicant must file with the Village Clerk an application
containing:
C.
Conditions.
(1)
The licensed carter's name and telephone number is
to be placed on each container.
(2)
No refuse or material is to be placed above the water
level of the container.
(3)
Containers are to be kept painted in a uniform color.
(4)
All graffiti on containers is to be removed or painted
out.
(5)
The area around the containers is to be kept free
of litter, trash and debris at all times.
(6)
Containers shall be sanitized, cleaned and deodorized
regularly to prevent odor.
(7)
The Superintendent of Public Works or his designee
may require a roll-off container to be emptied at any time.
(8)
Containers shall be covered when moved except when
completely empty.
D.
The Board of Trustees by resolution shall adopt and
from time to time may amend a schedule of fees payable by an applicant
for the required permit herein.
Each application under § 180-5 shall be accompanied by a certificate of insurance, in form approved by the Village Counsel and issued by an insurance company authorized to do business in this state, running to the Village and guaranteeing that the applicant has provided public liability coverage of not less than $100,000/$300,000 and property damage insurance in the amount of not less than $50,000/$100,000 to save the Village harmless from all claims, actions and proceedings brought by any person for injury to person or property resulting from or occasioned by any fault or default by the person to whom the permit is issued or anyone acting thereunder on his behalf.
[Amended 6-18-2001 by L.L. No. 3-2001]
[Amended 6-18-2001 by L.L. No. 3-2001]
Every person who places a container or deposits
any materials upon a street, gutter, curb or sidewalk shall mark the
location thereof by a barrier or fence bearing warning signs and distinguished
by flashing lights after dark to adequately apprise the public of
the presence of the hazard. All roll-off containers shall be reflectorized
at the corners and ends and shall be marked with flashing lights if
deemed necessary by the Superintendent of Public Works or his designee.
No person shall walk upon, enter or drive any
animal or vehicle upon any roadway or sidewalk which is guarded by
any barrier, sign or signal lawfully so placed for the purpose of
preventing or warning persons from entering into or upon the same.
No person shall remove, displace or in any manner
interfere with any barrier, guardrail, sign lantern or other object
or form of warning which shall have been placed along or across any
street or sidewalk or about any public place as a warning or safeguard
or to prevent interference with or damage to work completed or being
done in such places.
[Amended 5-10-1971]
Every applicant who receives a permit pursuant
to this article shall prominently display a sign on the location of
the job site identifying the nature and type of work being done and
the name, address and telephone number of the person or company requiring
said work and further, the name, address and telephone number of the
person or company performing said work.
