[HISTORY: Adopted by the Common Council of
the City of Lockport as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See
Ch. 113.
Subdivision of land — See Ch.
162.
[Adopted 11-8-1886; amended in its entirety during codification]
A. No person, company or corporation shall place or cause
to be placed any bricks, stones, timber, lumber, planks, boards or
other material or substances for building in or upon any street, lane,
alley, sidewalk, bridge, square or public ground in said City without
the consent of the Common Council.
B. Every person to whom permission is granted as aforesaid
shall cause all the timber, building materials and rubbish arising
therefrom to be removed from the street, lane, alley, sidewalk, bridge,
square or public ground at the expiration of the time limited in such
permission as aforesaid.
No person shall suffer any carriage, wagon,
cart, sleigh or sled, without horses or other beasts of burden attached
thereto, or automobile, motortruck or other vehicle, to remain or
stand in or upon any street, lane, alley, sidewalk, bridge, square
or public ground in this City for more than one hour, unless otherwise
provided by the Highway Traffic Law.
No person shall fasten any horse or other animal
to any ornamental or shade tree planted or growing in any of the streets,
lanes, alleys, squares or public grounds in this City, or to any box
or case around such tree.
No person shall ride or drive any horse or horses
in any street, lane, alley or highway in this City faster than six
miles an hour.
No person, company or corporation shall place or deposit or cause to be placed or deposited on any walk or in or upon any street, lane, alley or public ground in this City (except as provided in §§
158-1 and
158-6) any goods, wares, merchandise, boxes, barrels, timber, lumber, coal, wood, dirt, ashes, stones or other materials, substances or rubbish whatever.
[Amended 7-19-1995]
It shall be unlawful for any person, partnership
or corporation to place or set out for exhibition any goods, wares
or merchandise on the sidewalk in front of his, her or its store or
building or any other store or building without first having obtained
permission therefor from the Common Council, or to leave for a period
exceeding two hours on the three feet of the outer edge of the sidewalk
in front of his, her or its store or building or any other store or
building, any goods, wares or merchandise which he, she or it shall
be in the act of receiving or delivering. The Common Council may grant
permission to any person, partnership or corporation to place or set
out for exhibition goods, wares and merchandise on the sidewalk within
two feet of a store or building, except on Sundays, under such terms,
conditions and restrictions as the Common Council may deem necessary
in order to protect the public and the interest of the City. Whenever
such permission is granted, the space allotted to the applicant shall
be plainly outlined with paint by the Superintendent of Streets, Sewers
and Parks before the space is occupied. Each and every person, partnership
or corporation who shall violate any of the above provisions or fail
to comply with the terms, conditions and restrictions under which
the aforesaid permission is granted shall be subject to a penalty
as hereinafter provided, and the permission granted by the Common
Council in such case shall be automatically canceled and revoked upon
conviction of such violation.
No person shall push, lead, drive, drag, draw
or back any cow, ox, horse or other beast of burden, or any cart,
wagon, sleigh, wheelbarrow, fire engine, hose cart or other vehicle
(except baby carriages), over or upon any sidewalk, unless it be in
crossing the same to go into a yard, lot, store or other premises.
No person or corporation shall in any way injure
or tear up any pavement, sidewalk or crosswalk, drain or sewer or
any part thereof, nor shall any person dig any hole, ditch or drain
in any street, pavement or sidewalk, nor construct or cause to be
constructed or made any sewer, vault, cistern, well or excavation
in any of the streets of this City, without permission of the Commissioner
of Public Works, which permission shall be in writing and shall be
produced by the party or parties doing the work, for examination,
upon the demand of an Alderman or police officer of the City, nor
shall any person hinder or obstruct the making or repairing of any
pavement, sidewalk or crosswalk which is or may be in the making under
any law, resolution or ordinance of the Common Council, or hinder
or obstruct any person employed by the Common Council or by the Commissioner
of Public Works in making or repairing any public improvement or work
ordered by the Common Council.
A. No person, firm or corporation shall attach or shall
cause or allow any of his or their or its subordinates or employees
to attach to any lamppost, telegraph or telephone pole, hydrant or
box covering the same, or any erection or building, wherever situated
in or upon any of the public streets, avenues, lanes, alleys or public
places of the City, or upon any erection or building upon any of the
streets, avenues, lanes, alleys or public places, any bills, notices,
letters, pictures or characters of any kind whatever for the purpose
of advertising any show, performance, business or entertainment; provided,
however, that nothing in this section shall be construed as affecting
the right to post bills, notices, letters, pictures or characters
by licensed billposters upon private property in such secure manner
as not to be detached and scattered upon the street.
B. No person, firm or corporation shall erect or maintain
over any sidewalk or over the exterior line of any street, avenue,
lane, alley or public place in the City of Lockport, signs for displaying
the name or trademark of any person, firm or corporation for advertising
purposes or otherwise giving notice of any business or occupation,
without first having obtained a license therefor from the City Clerk;
provided, however, that signs projecting not more than eight inches
over such exterior line may be erected and maintained without license,
subject to the control of the Building Code Administrator (Building
Inspection). No sign in the City of Lockport shall extend over the
exterior street line beyond the curb, and in no event shall any sign
extend more than 10 feet beyond the exterior street line. No sign
shall be so projected, erected or supported on any erection or building
or the ground within eight feet of any part or portion of the sidewalk.
Before any license for any sign shall be granted, the person, firm
or corporation desiring to erect or maintain the sign or signs shall
file with the Building Code Administrator (Building Inspection) a
written application therefor, signed by the applicant and stating
in detail the kind and character of the sign proposed to be erected
and maintained and the actual area in square feet of the exterior
surface of such sign, and such application shall also state, in such
detail as the Building Code Administrator (Building Inspection) shall
require, the place where and the manner in which it is proposed to
erect such sign or signs. Upon the approval of the Building Code Administrator
(Building Inspection) of such application and of the place and manner
of erecting the sign therein mentioned, the City Clerk shall issue
to the applicant a license for the sign for which application was
made. All licenses issued hereunder shall be numbered consecutively,
and each such license shall describe briefly the kind and character
of sign authorized to be erected or maintained, the place or building
where to be erected or suspended, the name of the applicant and the
dates of issue and expiration of the license.
[Amended 7-2-1997]
C. No license shall be issued pursuant to the provisions
of this section for the erection or maintenance of such signs or other
advertising devices, other than "for sale" or "for rent" signs, upon
any erection, building or property in a residential section within
the limits of the City of Lockport, as defined in Section 2 of the
Building Code of the said City.
D. Duplicates of all licenses issued pursuant to the
provisions of this section shall be kept on file in the office of
the City Clerk.
E. All licenses issued pursuant to the provisions of
this section shall expire 60 days after the issuance thereof.
[Amended 7-2-1997]
F. Illuminated signs.
(1) No illuminated sign having an area of more than 75
square feet shall be erected or maintained without special permission
granted by resolution of the Common Council.
(2) No illuminated sign projecting more than eight inches
beyond the exterior street line shall hereafter be erected or maintained
in the City of Lockport, the area of which shall exceed 100 square
feet according to the computation herein provided for.
G. No sign, other than an illuminated sign or cloth or
canvas sign, shall be hereafter erected or maintained within the City
of Lockport projecting more than eight inches over the exterior street
line and having an area of more than 40 square feet, except for temporary
purposes and then only on resolution of the Common Council.
H. For the purpose of this section, an "illuminated sign"
shall be a sign in connection with which artificial light is used;
the "area" of a sign, for the purpose of this section, shall be construed
as being 1/2 the total exterior surface of the sign, computed in square
feet.
I. The application for such license must further be accompanied
by public liability and property damage insurance protecting the City
of Lockport against any claim or claims, actions, suits or proceedings
arising out of damage suffered or claimed to be suffered by reason
of the work being performed in the erection or maintenance of such
sign or other advertising device and the failing, dropping or knocking
down of the same, to the extent of $1,000,000 for personal injury
and $500,000 for property damage.
[Amended 7-2-1997]
J. No owner or occupant of any store or other building
or any other person shall construct, place or maintain, or cause or
permit to be constructed, placed or maintained, on the sidewalk on
Main Street or any part of said street, any stand, bench, seat or
other construction used in connection with the business, trade or
occupation of shining shoes.
K. Any license issued hereunder may be revoked by the
Common Council for cause, after reasonable notice to the licensee
and a hearing before said Common Council at a time and place to be
specified in such notice.
No person shall construct or cause to be constructed,
continue or suffer to remain any porch, stoop, steps, railing, cellar
door or platform in any street in this City, which shall extend into
more than 3 1/2 feet of such sidewalk from his or her store or
building, or, when projecting over the sidewalk, be less than eight
feet at its lowest point above such sidewalk.
No person shall affix, attach to, post or hang
on any tree in any street in this City any sign, banner, advertisement
or anything else whatsoever.
No person shall cast or throw or cause to be
cast or thrown into any of the streets, lanes, alleys, gutters, drains,
sewers or public places within this City, any straw, shavings, wood,
stone, shells, rubbish or any other substances, or cause any obstructions,
nuisances or injury in or to the same.
No person shall cast, throw, paste or scatter,
or cause to be cast, thrown, pasted or scattered, in or upon any of
the streets, alleys, sidewalks or public places of this City, any
showbills, posters, dodgers or other handbills or paper of any description
whatsoever.
A. The word "street" as used in this Article is intended
to embrace all the territory included between the street boundary
lines.
B. The person making or having charge of any sewer, vault,
cistern, well or excavation in any of the streets of this City, during
the construction thereof by permission of the Common Council, shall,
during the whole of every night while such vault, cistern, well, sewer
or excavation shall be open or uncovered, fence in the same and cause
a lighted lamp or lantern to be placed and kept so as to cast its
light upon such vault, sewer, well, cistern or excavation.
C. All parties who shall at any time use any portion
of any highway, park or other public place within the City limits
for the deposit of building material or other obstructions in said
highway, park or other public place shall be required to protect the
same by brightly lighted lamps of sufficient number and placed in
such a manner as to properly warn all persons of the presence of such
obstructions during the whole of each and every night while such obstructions
shall remain in the highway or public place, and in default of so
protecting the same the permission given to occupy the said highway
or public place will be revoked and the party or parties will be held
liable to the penalty hereinafter prescribed.
[Amended 7-19-1995]
Whenever permission is given to any person or
persons, company or corporation to lay, build or construct any vault,
drain, sewer, cistern, well, aqueduct, gas, steam or water pipe along
or in any street or alley, or to dig or take up any street, sidewalk
or pavement, he or they shall cause the same to be done in such manner,
within such time and in such place as the Common Council shall direct,
and shall cause such street, sidewalk or pavement to be refilled,
rebuilt and relaid in a substantial and permanent manner, and the
same shall be left in at least as good condition as before such work
was begun; and before such work is begun, the applicant shall enter
into a bond for the faithful performance of such work, with sureties
to be approved by the Mayor; and all such work shall be done under
the supervision of the Superintendent of Streets, Sewers and Parks;
and no connections with any main drain or sewer shall be made except
under the personal supervision of said Superintendent of Streets,
Sewers and Parks or of some competent person under his direction and
in his presence; and any person digging or taking up any street, sidewalk
or pavement as aforesaid shall thereafter keep the same in good repair
from the effects of such digging or taking up.
The Common Council hereby determines that the
proper manner of laying steam pipes, properly protected from contact
with the earth, is in a trench dug at least five feet below the surface
of said street or alley as established or to be established by the
Common Council for the grading, curbing, guttering and paving of the
streets or alleys where such pipes may be laid. The Common Council
hereby prohibits in any street or alley where extension or enlargements
may be made, the use of any junction service box with manholes breaking
the surface of any such street or alley, except at street crossings.
[Amended 12-15-2001; 1-19-2005 by L.L. No. 2-2005; 2-1-2017 by L.L. No. 1-2017]
A. Cleaning requirements. Every person in charge or control of any building
or lot of land within the City of Lockport, New York, whether as owner,
tenant, occupant, lessee or otherwise, shall remove any snow and/or
ice on any public sidewalk adjoining such building or lot of land
owned or occupied by such person.
B. Notice. The Code Enforcement Officer/Chief Building Inspector is
hereby authorized and empowered to notify, by regular mail and by
affixing to the front door, the owner, agent, tenant, lessee or occupant
of any open or vacant private property within the City or the agent
of such owner, agent, lessee, tenant or other occupant to remove any
snow and/or ice on any public sidewalk from the public sidewalks in
front, one either side or in the rear of their property, which is
dangerous to public health, safety or welfare or otherwise not in
conformity with this section after making an inspection thereof. Such
notice shall be in writing and be in substantially the following form:
"TO THE OWNER AND OCCUPANTS OF PROPERTY IN THE CITY OF LOCKPORT:
Please take notice that you are hereby required to clean all snow
and/or ice from all public sidewalks on the property owned or occupied
by you and to comply with the ordinance of the City of Lockport relative
to the removal of said snow and/or ice. In the event of your failure
to remove such snow and/or ice, the Code Enforcement Officer/Chief
Building Inspector or his duly designated representative may cause
such snow and/or ice to be removed, and the cost thereof shall thereupon
become and be a charge and lien upon your property and shall be collected
the same as other taxes upon your property. If you wish to object
to this determination, such objection must be received in writing
to the Code Enforcement Officer/Chief Building Inspector within five
business days of the date of this notice."
|
C. Failure to comply with notice.
(1) Upon failure, neglect or refusal of any owner, agent, tenant, lessee or occupant, or agent thereof so notified to properly remove snow and/or ice or to object in writing to the Building Department within five business days from the date of notice provided for in §
158-17B above, the Building Inspector shall authorize and direct the appropriate City office, department, or designee to proceed to remove such snow and/or ice. In the event that the owner, agent, tenant, lessee, or occupant or agent shall object in writing within five business days to the Code Enforcement Officer/Building Inspector, the matter shall be referred to the Zoning Board of Appeals, which shall review the determination within 30 days from the date of receipt of any written objection. The determination of the Zoning Board of Appeals shall be final.
(2) Should the removal be performed by or on behalf of the City after
notice has been given pursuant to this section and the owner's time
for compliance has run out, the City shall advise the owner in writing
of the cost of such removal, together with an additional administrative
fee of $150 for costs of inspection and other incidental costs associated
with the removal and subsequent thereto, the owner shall have the
right to request a hearing to the Zoning Board of Appeals to challenge
the cost of such removal only within 10 business days of said notice.
The cost of the removal as finally determined together with the administrative
fee and all incidental costs shall be assessed as a lien against the
affected property. Notice shall be given to the City Treasurer specifying
the property affected by lot and block numbers as the same appear
on the Official Tax Assessment Map of the City of Lockport, together
with the costs incurred in undertaking such removal of snow and/or
ice together with an additional administrative fee of $150 for costs
of inspection and other incidental costs associated with the removal,
and from the hour of filing, the amount of the charges specified in
said notice to the City Treasurer shall be a line upon the property
affected hereby. A copy of this notice shall be served by certified
mail upon the owner of the affected property. The costs specified,
if not paid by or on behalf of the owner within 30 days of notice,
shall be added to and collected with the subsequent City property
tax levy, and shall bear interest and be enforced as provided by law
for other City taxes.
D. Person. The word "person," as used in this section, shall mean and
include one or more natural persons, corporations, partnerships, associations,
joint-stock companies, societies and all other entities of any kind
capable of being sued.
A. No person shall remove or cause or permit to be removed,
or shall aid or assist in removing, any building, shed or other structure
into, along or across any street, alley, square or public ground in
the City of Lockport without first having obtained permission from
the Common Council.
B. Application for such permission must be accompanied
by a public liability and property damage insurance policy in a sum
to be fixed by the Commissioner of Public Works and of a form approved
by the Corporation Counsel of the City of Lockport, indemnifying and
saving harmless the City against all loss, cost, damage or expense
incurred or sustained by or recovery against the City by reason of
such removing, and shall further be accompanied by written consent
of the telegraph, telephone or electric light company or companies
in the City of Lockport for such removal.
C. The person removing such building, shed or structure
as aforesaid or the owner thereof shall, within 24 hours prior to
such removal, notify the Chief of Police and the Chief of the Fire
Department of the City that such removal will occur and the time of
such removal and the street or streets over which such removal will
take place.
D. No owner, agent of the owner, contractor or other
person shall permit or suffer such building, shed or other structure
to remain in any street, alley, square or public ground for a longer
time than one day after notice from the Commissioner of Public Works
to remove the same.
E. Whenever and so long as any such building, shed or
other structure or any section or part of the same shall remain in
or upon any said street, alley, square or public ground while undergoing
the operation of removal as aforesaid, the person removing the same
or the owner thereof shall, by night, keep one or more lighted lanterns
or other good and sufficient light at each end of said building so
as to give sufficient notice of the obstruction.
F. Permission for such removal shall be granted with
the distinct understanding that whatever damage, if any, may be done
or occasioned to any electric light, telephone, telegraph or other
wires strung in such street, or to any poles, standards, paving, sidewalks
or curbs in such street, or to any other appurtenance or thing in
such street, by reason of the removing of such building, shed or other
structure, shall be borne by the person to whom permission is given
or the owner of such building, shed or structure, or both of them.
A. All crosswalks within this City shall be kept and
preserved free from all teams, sleighs, wagons, carts, carriages or
vehicles of any kind, except so far as may be necessary in crossing
the same. No owner or driver of any team, carriage, cart, sleigh,
wagon or other vehicle shall cause, suffer or permit such team, carriage,
cart, sleigh, wagon or other vehicle to stand or remain in or upon
the crosswalk in any street or alley of this City so as to prevent
the free passage thereof.
B. No person shall leave any horse or horses or mule
in any street, lane, alley or highway in this City without being sufficiently
secured; nor shall any such horse stand so secured in one place more
than two hours at a time, but shall be removed by any policeman of
this City to some convenient public stable at the owner's expense,
should occasion require, between the first day of November and the
first day of April in any year.
No person shall, without authority from the
Common Council, remove or cause to be removed any earth, stones, sand,
gravel or other part of the highway from any street, lane, alley,
sewer, square, public ground or road within the bounds of this City.
[Amended 8-3-1989; 6-19-1991; 6-2-2004; 1-19-2005 by L.L. No. 2-2005; 6-6-2007; 5-18-2016 by L.L. No. 2-2016]
A. Cutback requirements.
(1) Every person in charge or control of any building or lot of land within the City of Lockport, New York, whether as owner, tenant, occupant, lessee or otherwise, shall cut and remove any growth of weeds, grass or other rank vegetation or brush growing on any occupied or unoccupied lot of land or any part thereof located in the City of Lockport, New York, in accordance with Subsection
A(2) of this section.
(2) Any tract or parcel of land containing one acre or less shall be
cut in its entirety to a length of six inches or less. Any contiguous
tracts or parcels of land having at least one common owner, which
contiguous tracts or parcels of land contain more than one acre in
combined area, and any tract or parcel of land containing more than
one acre shall be cut back a distance of 20 feet from the curb or
boundary line of each adjacent public street and/or property lines
to a length of six inches or less.
B. Poisonous plants. It shall be unlawful for any such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plant or plants detrimental to health to grow on the part of any such lot or land required to be cut in accordance with Subsection
A(2) of this section or to allow the seed, pollen or other particles or emanations therefrom to be carried throughout the air into any public place.
C. Notice. The Code Enforcement Officer/Chief Building Inspector is
hereby authorized and empowered to notify, by regular mail and by
affixing to the front door, the owner, agent, tenant, lessee or occupant
of any open or vacant private property within the City or the agent
of such owner, agent, lessee, tenant or other occupant to properly
cut and remove any growth of weeds, grass or other rank vegetation
or brush growth located on such owner's, tenant's, lessee's or occupant's
property which is dangerous to public health, safety or welfare or
otherwise not in conformity with this section after making an inspection
thereof. Such notice shall be in writing and be in substantially the
following form:
"TO THE OWNER AND OCCUPANTS OF PROPERTY IN THE CITY OF LOCKPORT:
Please take notice that you are hereby required to cut and remove
all grass, weeds and other rank, poisonous, harmful vegetation on
the property owned or occupied by you and to comply with the ordinance
of the City of Lockport relative to the removal of grass, weeds, etc.
In the event of your failure to remove such grass, weeds, etc., the
Code Enforcement Officer/Chief Building Inspector or his duly designated
representative may cause such weeds and grass and other vegetation
on your property to be cut and removed, and the cost thereof shall
thereupon become and be a charge and lien upon your property and shall
be collected the same as other taxes upon your property. If you wish
to object to this determination, such objection must be received in
writing to the Code Enforcement Officer/Chief Building Inspector within
five days of the date of this notice."
D. Failure to comply with notice.
(1) Upon failure, neglect or refusal of any owner, agent, tenant, lessee or occupant, or agent thereof so notified to properly dispose of litter or remove weeds, grass, or other rank vegetation or brush or to object in writing to the Building Department within five days from the date of notice provided for in §
158-21C above, the Building Inspector shall authorize and direct the appropriate City office, department, or designee to proceed to cut and remove such weeds, grass, or other rank vegetation or brush. In the event that the owner, agent, tenant, lessee, or occupant or agent shall object in writing within five days to the Code Enforcement Officer/Building Inspector, the matter shall be referred to the Zoning Board of Appeals, which shall review the determination within 30 days from the date of receipt of any written objection. The determination of the Zoning Board of Appeals shall be final.
(2) The actual cost of such cutting and removing, plus $150 for inspection
and other additional costs in connection therewith, shall be billed
to the property owner, a copy of which shall be forward to the City
Treasurer, by the Code Enforcement Officer/Chief Building Inspector
or his duly designated representative. Thirty days after the billing
date, all unpaid charges will become and be a lien upon the property
on which said weeds, grass and other vegetation were located and shall
be added to and become and form a part of the taxes next to be assessed
and levied upon such lot or land and shall bear interest at the same
rate as taxes and shall be collected and enforced by the same officer
and in the same manner as taxes levied and assessed against such property,
or the same may be collected by suit against the owner or owners in
the name of the City.
E. Person. The word "person," as used in this section, shall mean and
include one or more natural persons, corporations, partnerships, associations,
joint-stock companies, societies and all other entities of any kind
capable of being sued.
The sweeping of stores, buildings and premises
and the throwing of refuse into the streets or alleys of this City
are hereby forbidden; provided, however, that such sweepings may be
deposited in iron dust boxes, with handles, on the premises of the
respective owners and occupants, and emptied into the wagons conveying
dirt from the streets or alleys on Friday of each week.
Playing at ball and coasting or sliding down
hill on sledges or sleds in the streets, lanes, alleys and highways
of this City are hereby prohibited.
[Added 8-7-1991; amended 5-17-2000]
A. Roller skates, street skates and skateboards regulated.
No person shall roller-skate or ride a skateboard anywhere in the
City without complying with the terms of this section. As used herein,
"to roller-skate" shall mean to skate on any type of roller skates
or street skates.
B. Streets. No person shall roller-skate or ride a skateboard
on any street without due regard for the safety of the operator or
for the safety of others. No person will operate a skateboard or street
skates without wearing an approved helmet (as defined in the New York
State Vehicle and Traffic Law) or will operate a skateboard or street
skates in a careless manner without due caution, or in any manner
that creates a risk of danger to persons or property, or in any manner
to impede or interfere with pedestrian or vehicular traffic, and no
person shall roller-skate or ride a skateboard anywhere in the City
after dusk.
C. Sidewalks.
(1)
No person shall roller-skate or ride a skateboard
in the area of the City bounded and described as follows: beginning
at a point at the intersection of Walnut and Washburn Streets north
along Washburn Street to a point in the intersection of Washburn and
the Conrail railroad tracks west along the Conrail railroad tracks
to a point, said point being the intersection of the Conrail railroad
tracks and the northwest bank of the Erie Barge Canal, then southwest
along the northwest bank of the Erie Barge Canal to a point, said
point being the intersection of the northwest bank of the Erie Barge
Canal and the east side of Pine Street, then southwest along Richmond
Avenue to a point, said point being the intersection of Richmond Avenue
and Niagara Street, then west on Niagara Street to a point, said point
being the intersection of Niagara and North Transit Streets, then
south along North Transit Street to the intersection of North Transit
Street and Walnut Street, then northeast along Walnut Street to the
point or place of beginning, this designated area being more commonly
referred to as the "downtown business district."
(2)
No person shall ride a skateboard or operate on street skates on any sidewalk without exercising due care for the safety of other persons using the sidewalk, or in a reckless manner or without a helmet as defined in Subsection
B of this section.
D. Private property. Nothing herein shall be construed
to authorize any activity on private property.
E. Penalties for offenses.
(1)
Every person convicted of a violation of any
provisions of this section may be punished by a fine of not more than
$100 for each offense, and a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
(2)
Whereupon the violator is determined to be a
juvenile, the person shall be referred to the City of Lockport Police
Department's Juvenile Division and receive an appearance ticket for
the City of Lockport Youth Court.
No person or persons shall stand with wagons,
carts or other vehicles for the purpose of peddling or exposing for
sale in Main and Canal Streets, in Market Street, between Main and
Chapel Streets, in Locust Street, between Main and South Streets,
in Pine Street, between Canal and Walnut Streets, in Cottage and Buffalo
Streets, between Main and Walnut Streets, except upon the north side
of Buffalo Street, between a point opposite the center of the Big
Bridge and Transit Street, any hay, straw, stalks, wood, meat, fresh
fish, vegetables, grain or other farm products.
[Amended 7-19-1995; 7-2-1997]
In addition to the other duties imposed by law and the Charter of this City upon the Superintendent of Streets, Sewers and Parks, it shall be his duty to enforce all the provisions of this article [except §§
158-9 and
158-34, which shall be the duty of the Building Code Administrator (Building Inspection) to enforce] and all ordinances relating to the streets, alleys, sewers, squares, bridges and public grounds in the City.
[Amended 7-19-1995]
It shall be the duty of the Superintendent of
Streets, Sewers and Parks to cause any dirt, ashes, stones, plank,
boards, wood, bricks, timber, lumber or other substances or materials
in any of the streets, alleys, sewers, gutters, bridges, squares or
public grounds which shall not have been removed by the owner, occupant,
agent or person having charge of the premises in front of which the
same shall have been placed or found, within 24 hours after notice
given by the Mayor, an Alderman or Superintendent of Streets, Sewers
and Parks to such person or persons to remove the same, to be removed
and carried away; and in case of any unoccupied lot or premises in
this City, the owner or agent of which is unknown, all the provisions
and requirements of this Article imposed upon the known owner or occupant
of any lot or premises shall be observed and performed by the Superintendent
of Streets, Sewers and Parks when necessary, in his opinion, for the
public convenience.
No person or persons shall move, haul, transport
or carry, or cause to be moved, hauled, transported or carried, within
the limits of this City, any log or logs, by dragging, rolling, pushing
or sliding the same upon the ground, in or upon any of the streets,
public alleys, lanes or grounds of said City; nor shall any chain,
clamp, clevis, rod, rope or device of any character whatsoever, except
that which is commonly called a "shoe," be used to regulate the speed
of any vehicle or vehicles in descending or ascending any hill, slope,
incline or descent of surface of the ground in or upon said streets,
public alleys, lanes or grounds.
No person shall move or propel, nor cause to
be propelled, moved, driven or run through, in or upon any of the
public streets or bridges of said City, any steam or other engine,
threshing machine, tractor or other machine, implement or vehicle
of such kind and construction as shall be likely to frighten horses
or injure pavements, whether such engine, machine, power implement
or vehicle shall be propelled or moved by steam, animal or other power,
without a written permit from the Mayor.
On streets where there are stone or concrete
curbing and paved gutters, no person shall place or cause to be placed
any bridge or crossing of said paved gutter, or any filling of any
said character whatever in said paved gutter, in the nature of a roadway
from the street to his or her premises, or for any purpose whatsoever,
except by permission and under the supervision of the Commissioner
of Public Works.
[Amended 7-19-1995]
At any time after the violation of §
158-15, the Mayor may direct the Superintendent of Streets, Sewers and Parks to serve a written or printed notice, by personal service or by posting on the premises, on the person or corporation so offending, to the effect that unless the said person or corporation complies with the provisions of said §
158-15 by restoring the street, lane, alley or public place which shall have been opened by said person or corporation to as good condition as it was before it was opened, within a reasonable period of time, which shall be decided by the Mayor, the Superintendent of Streets, Sewers and Parks will proceed to restore said street, lane, alley or public place at the expense of the person or corporation so notified. At the expiration of the time fixed in the said notice, the Superintendent of Streets, Sewers and Parks shall proceed to restore such street, lane, alley or public place and report the expense thereof to the Common Council, together with his affidavit of personal service of the notice aforesaid or of the posting of said notice, and when approved by the Common Council the expense so reported shall become a lien on the real estate in front of which said work shall have been done, and shall be collected in the manner in which the expense of removing obstructions from sidewalks is collected according to the provisions of §
158-17.
It shall not be lawful for any Special Superintendent
of any street or part of a street which has been or may be declared
by the Common Council to be an improved street, to use or allow to
be used in the work on such improved street any horse, wagon or other
property of his own, or be in any manner personally interested pecuniarly
or otherwise in the labor or material expended on such improved street.
No person or persons, company or corporation
shall open any street or other highway, or cut, tap or connect with
any sewer or main drain now laid or hereafter to be laid pursuant
to ordinance, for the purpose of laying, building or constructing
any private sewer or drain to connect with such sewer or main drain,
except for the use and benefit of lands assessed for the sewer or
main drain with which such connection is made.
[Added 7-19-2000]
A. Any person, firm or corporation wishing to install
drainage piping in a City right-of-way, must first obtain the permission
of the Commissioner of Public Works or his duly designated representative.
Said permission is subject to the following:
(1) Submission of the request in writing, detailing the
property to be affected and verification that the property is owned
by the person making the request.
(2) Approval by the Commissioner of Public Works as to
the size and material and installation procedure.
(3) Filing of a certificate of insurance (in an amount
not less than $1,000,000) with the City Clerk, naming the City of
Lockport as additional insured and holding the City of Lockport harmless
as it relates to the installation of said drainage pipe.
(4) Adherence to street opening regulations.
B. Upon acceptance by the Commissioner of Public Works
or his designated representative, the City of Lockport shall accept
responsibility for any future maintenance or replacement of said drainage
pipe.
An offense against the provisions of this Article
shall constitute a violation under the Penal Law and shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
As used in this Article, the following terms
shall have the meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
No person shall hereafter erect or maintain
any awning of any material except cloth or canvas over any sidewalk
or other public place in the City of Lockport, except as hereinafter
provided.
All awnings of cloth or canvas, except temporary
awnings as hereinafter provided for, hereafter constructed or maintained
over any sidewalk or other public place, must be supported without
posts by iron frames or brackets attached to the building which shall
be at their lowest point or side not less than seven feet six inches
elevated from the sidewalk, and no part of such awning shall be less
distance than seven feet elevated from the sidewalk.
[Amended 7-19-1995; 7-2-1997]
All awnings heretofore erected or constructed
and operated in a manner different from that specified in this Article
shall be removed by the owner, agent or person in possession or control
of the building or part thereof to which such awning is attached,
within five days after notice so to do from the Building Code Administrator
(Building Inspection).
Awnings or canopies without side curtains may
be, from time to time, erected and maintained across the sidewalk
of any street for temporary use; provided, however, that such awning
or canopy shall be of canvas or cloth and shall be supported by upright
posts of iron or other metallic substance not exceeding two inches
in diameter and not less than seven feet nor more than 10 feet in
height above the sidewalk. Awnings or canopies with side curtains
may be erected for a limited time upon permission obtained from the
Common Council.
A. Every owner or occupant of any building shall at all
times keep the awning in front of such building free from ice, snow,
dirt or other obstructions. Merchandise or other obstructions shall
not be suspended from any awning over any sidewalk.
B. No awning of wood shall be erected or maintained so
as to project over any sidewalk or other public place, and no awning
of glass or metal shall be erected or maintained without the consent
of the Common Council.
[Amended 11-2-1983]
An offense against the provisions of this Article
shall constitute a violation under the Penal Law and shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.