[HISTORY: Adopted by the Board of Trustees of the Village of Cooperstown as indicated in article histories. Amendments noted where applicable.]
Article I Use of Public Streets and Property
Article II Use and Maintenance of Sidewalks
[Adopted 3-6-1972 as Ch. V and § 7.1 of the 1972 Ordinances]
[Amended 5-17-1999 by L.L. No. 3-1999; 9-15-2008 by L.L. No. 5-2008]
The Village streets, curbs, sidewalks, docks, parking lots, and all other Village property shall not be altered, excavated or encroached upon, or otherwise used in such manner as to endanger the public safety, health and welfare, or in such manner as to deprive or restrict the public of the right to use such facilities, without first obtaining permission in the form of a permit from the Village Clerk. As a condition for granting such permit, the Village requires the following: a valid UFPO number; liability insurance amounting to $2,000,000 aggregate, $1,000,000 each occurrence, and the Village must be listed as additional insured on the insurance certificate; a cash bond deposited with the Village Clerk upon filing of the application for the permit in an amount to be set by resolution of the Board of Trustees.
The types of activities which this section is intended to cover include, but are not limited to, obstructions of the Village streets or sidewalks, excavation of Village streets, removal of portions of the Village curb, repair of sidewalks, scaffolding overhanging Village streets or sidewalks.
All excavations shall be properly barricaded and lighted, and warning devices maintained and properly braced, if necessary. All material, earth and debris shall be properly placed, replaced and removed following completion.
Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
All costs shall be borne by the owner.
Any person, plumber, caretaker, contractor, owner or tenant in possession of the property violating these rules and regulations is guilty of a violation and shall be punished by a fine not to exceed $250 plus restitution. Each offense thereafter shall be the same. Each day of violation constitutes a separate offense.
[Added 2-25-2013 by L.L. No. 4-2013]
It is prohibited to leave any vehicle parked, standing, unattended or abandoned on any public street or highway within the Village during a snowstorm or after a precipitation of snow of 2.5 inches or more and continuing to such time as the snow is plowed and removed from the streets by the Department of Public Works.
When any vehicle is parked, standing, left unattended or abandoned on any public street or highway within the Village during a snowstorm or after a precipitation of snow of 2.5 inches or more and continuing to such time as the snow is plowed and removed from the streets by the Department of Public Works, said vehicle may be removed by authority of the Public Works Superintendent or the Cooperstown Police Department.
Editor's Note: Original sections pertaining to trimming of tree overhanging streets and sidewalks and vehicles (including bicycles) on sidewalks, which sections immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 240-9E and G and Ch. 39, Bicycles and Play Vehicles.
No races or contests for speed shall be held on any street within the corporate limits of the Village without permission of the Board of Trustees. A violation of this subsection shall be punishable by a fine not to exceed $20 for each offense.
It shall be unlawful for any person or persons to play baseball, football or any other game in the streets of the Village. A violation of this subsection shall be punishable by a fine not to exceed $5 for each offense.
No person shall coast with hand sleds, bobsleds, carts or other vehicles on wheels or runners upon any sidewalk or any street within the corporate limits of the Village, except as designated by the Board of Trustees. A violation of this section shall be punishable by a fine not to exceed $5 for each offense.
No person or persons, association or corporation shall deposit or cause to be deposited garbage or other refuse, including cigarettes and cigars, in any of the streets of the Village of Cooperstown, under a penalty of not more than $100 for each offense.
[Amended 8-19-2002 by L.L. No. 3-2002]
No person, persons, association or corporation operating a truck or other conveyance carting ashes, rubbish, garbage or other refuse on or through the streets of the Village shall permit the streets to become littered with ashes, rubbish, garbage or other refuse falling from said truck or other conveyance. A violation of this subsection shall be punishable by a fine not to exceed $100 for each offense.
No person, association or corporation shall erect poles or string wires in, over or upon any street in the Village without first having obtained the permission of the Board of Trustees. Any violation of this section shall be punishable by a fine of not more than $100. Each day that a violation shall be knowingly continued shall constitute a separate offense.
No person shall enter upon or use any property belonging to or leased by the Village, whether situated inside or outside the corporate limits of the Village, except in conformance with regulations which the Board of Trustees may from time to time enact. Any violation of any provision of such regulations shall be punishable by a fine not to exceed $25 for each offense. Each day that a violation shall be knowingly continued shall constitute a separate offense.
[Adopted 11-24-2014 by L.L. No. 17-2014]
This article sets forth requirements for the use and maintenance of sidewalks in the Village of Cooperstown in order to protect the public health, safety and general welfare by providing safe walkways for pedestrians along streets and roads in the Village. This article is adopted pursuant to Section 10 of Article 2 of the Municipal Home Rule Law.
Construction. Within the Village of Cooperstown construction of sidewalks where they do not currently exist may be required as a condition of zoning review for new or modified development. Once installed by a property owner or the Village, sidewalks must be maintained consistent with this article. Any public sidewalks that are located within the Village shall be constructed, reconstructed and repaired in accordance with standards set by the Public Works Department.
Maintenance and repair. The Village, in its absolute discretion, may repair, maintain, replace and reconstruct sidewalks within or adjoining the public right-of-way. Damage to sidewalks caused by other than normal use shall be repaired by the party causing the damage in accordance with standards set by the Public Works Department. Damage not repaired within 21 days may be repaired by the Village at the expense of the party causing the damage.
Sidewalk removal. Sidewalks may be removed only in preparation for replacement unless removal is approved by the Board of Trustees.
Snow and ice removal.
Duty of property owner. It shall be the duty of the owner of every parcel of real estate adjoining a public sidewalk, whether the parcel of real estate is occupied by a structure or not, to keep such sidewalks adjoining such property free from snow and ice for the full paved width of such sidewalk. Property owners in the Business District where pavers have been installed will be responsible for keeping the eight-foot-wide concrete sidewalk free from snow or ice, or where pavers do not exist in the Business District, a five-foot width of sidewalk free from snow and ice.
Time limit. Snow and ice accumulation shall be removed within 24 hours after the end of a snowfall. In addition, sidewalks in front of commercial establishments and commercial parking lots shall be kept free of snow and ice at all times between the hours of 9:00 a.m. and 5:00 p.m.
Severe icing. In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified above, be strewn and kept strewn with sand, sawdust or other suitable material, so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in this article.
Deicer. No sodium chloride (rock salt) shall be applied to public sidewalks. Deicers shall be labeled safe for concrete use.
Removal of snow and ice accumulation by Village. Whenever the owner of a parcel of real estate adjoining a public sidewalk fails to remove the snow and ice accumulation from such sidewalk adjoining such property within the time specified in this article, it shall be the duty of the Superintendent of Public Works to determine a violation and the Public Works Department to remove said snow and ice and notify the Superintendent of Public Works of the amount of labor, equipment and materials used.
Treatment of severe icing by Village. In the case of severe icing, notification of the adjoining property owner is required to allow for the ice to be strewn or removed before work by the Village progresses. Twelve hours following written notice by the Superintendent of Public Works delivered to the address where the icing has occurred, it shall be the duty of the Superintendent of Public Works to determine a violation and the Public Works Department to treat and/or remove said ice and notify the Superintendent of Public Works of the amount of labor, equipment and materials used.
Depositing on streets. No person, firm or corporation shall deposit, throw, place or strew, nor shall any person, firm or corporation cause to be deposited, thrown, placed or strewn, any snow or ice upon any street, avenue or roadway within the Village.
Placing of snow and ice on another's property. No person, firm, corporation, property owner or occupant shall remove snow or ice from any parcel of real estate and place it upon another parcel of real estate without the express permission of the owner of the parcel of real estate upon which the snow or ice is to be placed.
Trees and shrubs. The owner of premises abutting any street or road where a sidewalk has been laid shall keep the sidewalk free from obstruction by plants, shrubs and tree limbs. Tree limbs lower than seven feet must be trimmed from above the sidewalk. No plants, shrubs or trees may impede passage on the sidewalk.
Snow, ice and water falling from buildings. The owners of buildings adjacent to public sidewalks shall take measures to protect the public from the falling snow, ice or water from such buildings.
Parking prohibited. No unauthorized motorized vehicle of any kind, including but not limited to automobiles, trucks, trailers, motor homes, motorcycles, snowmobiles and all-terrain vehicles, shall be parked or stopped on any sidewalk within the Village at any time.
Driving prohibited. No unauthorized motorized vehicle shall be operated on any sidewalk within the Village. Vehicles equipped with snow removal equipment may be used to remove snow from concrete or asphalt sidewalks only with the permission of the Superintendent of Public Works.
When the Village removes snow or removes or treats ice on a public sidewalk because such has not been removed/treated by the adjoining property owner within the time frame specified above, the charge to the owner shall be $100 or the expense incurred, whichever is more. The Village Treasurer shall promptly present to the owner a bill for the removal of snow and ice as certified by the Superintendent of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property, added to its tax bill and become a lien thereon, collectible in the same manner as delinquent Village taxes.
A violation of this article by parking on a sidewalk shall constitute a violation punishable by a fine not exceeding $100 for the first offense; the penalty for additional offenses shall be as set forth in Chapter 270, Vehicles and Traffic.
Except as set forth above, failure to comply with any of these regulations shall constitute a violation punishable by a fine not exceeding $250 for the first offense; $350 or imprisonment for a term not exceeding 15 days, or both, for the second offense; and $450 or imprisonment for a term not exceeding 15 days, or both, for the third and any additional offenses.
Nothing herein shall prevent a civil action to recover costs incurred by the Village of Cooperstown for any and all damages, including but not limited to those done to public sidewalks (including those constructed of pavers), street trees and plantings, and street furniture such as fences, benches, signage and lampposts.