[HISTORY: Adopted by the Board of Trustees of the Village of Oxford:
Art. I, 1-17-1955 as Ch. 7, Ord. 7.1 through 7.3, 7.5 through
7.9, 7.13, 7.16 and 3.3, of the 1955 compilation; Art. II, 5-3-1994
as L.L. No. 1-1994. Amendments noted where applicable.]
[Adopted 1-17-1955 as Ch. 7, Ord. 7.1 through
7.3, 7.5 through 7.9, 7.13, 7.16 and 3.3, of the 1955 compilation]
A.
No person shall deposit any material designed for use
in building construction or for other purposes upon any street or sidewalk
in the village, or in any other manner obstruct or impede free travel upon
such street or sidewalk, unless a permit has been issued therefor.
B.
As a prerequisite to securing a permit, each applicant
must file with the Village Clerk a statement containing:
No materials may be placed upon any street or in any gutter, curb or
sidewalk despite such permit except in the place and manner designated by
the Commissioner of Streets and Sidewalks.
Every person who places 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 lighted red lanterns or flares after dark,
to adequately apprise the public of the presence of the hazard.
No person shall throw, deposit, sweep or cause the accumulation of ashes,
refuse, debris, dirt, grass clippings, leaves, waste or garbage upon any street,
sidewalk or public place or in any private street, land or premises.
No person shall burn leaves, paper or refuse of any kind on any street
or public place in the village.[1]
No person, persons or corporation shall use, drive upon or drive over
any of the macadam or paved streets or highways of the Village of Oxford any
tractor or vehicle which has wheels with metal lugs.
It shall be the duty of every property owner or occupant to keep the
sidewalk and curb adjoining his premises in a safe, passable condition. For
failure, upon notice by the Village Clerk of not less than twenty-four (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 thereof upon
the adjoining land.
[Amended 8-17-1965[1] ]
A.
The owner or occupant of any premises failing to keep the contiguous sidewalks free from dirt, filth, weeds and other encumbrances, or failing to clear such sidewalks of snow and ice within twenty-four (24) hours after such snowfall has fallen or such ice has formed, shall be guilty of maintaining a public nuisance and shall be subject to penalties as provided in § 248-14.
B.
In addition to such penalties, the village may cause
such dirt, filth, weeds, encumbrances, snow or ice to be removed and shall
assess the cost of such removal against the owner of the property. This charge
shall be considered a lien against said property, subject to addition to the
Village Tax Roll and to the assessment of an additional fee of three dollars
and fifty cents ($3.50).
The owners of buildings adjacent to public streets and sidewalks shall
prevent the accumulation of snow, ice or water thereon and shall prevent the
falling of snow, ice and water from such buildings upon such streets and sidewalks.
No person shall erect or hang, or permit to be erected or 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 (7) feet above the sidewalk
upon such street or public place.
No goods, wares or merchandise shall be sold at auction or otherwise
displayed upon the sidewalks or crosswalks in the Village of Oxford, nor in
any streets in front of any house, store or tenement, without permission from
the Board of Trustees.
No persons shall erect or build, or cause to be erected or built, any
building or buildings, fence or structure of any kind to stand over the line
of any street; and if any such buildings, fence or fences or structures shall
be found to project over or stand over the street line, the owner or owners,
or the person causing the same to be erected, shall, within fifteen (15) days
after they shall be required so to do by the Mayor or any of said Trustees
or the Clerk of the Board of Trustees, by order of the Board, remove the same.[2]
No person, firm or corporation shall erect or replace any telegraph,
telephone, electric light or other pole or post or mailboxes or fences nearer
than two (2) feet to the back of any curb or gutter along any of the streets
or roads in the Village of Oxford, or erect or replace the same, or string
any wires or fixtures thereon, without first obtaining the written consent
of the Board of Trustees of said village, and all poles or mailboxes or fences
nearer than two (2) feet to the back of the curb or gutter along the streets
or roads of Oxford must be removed.
Every person, firm or corporation or any employee, agent, manager or
officer thereof who shall violate this Article shall, for each offense, on
the conviction thereof, be punished by a fine of not more than two hundred
fifty dollars ($250.) or imprisonment for not more than fifteen (15) days,
or both. Together with all damages resulting by reason of not complying with
said Article; however, that said last-mentioned penalty shall not be imposed
unless a written copy of said Article and notice of the violation thereof
shall have been served upon such person, firm or corporation or some officer
thereof. If the owner fails to comply with the aforementioned provisions,
it shall be lawful for the municipality to remove what is necessary, and the
exact cost thereof shall be assessed to the owner.
[Adopted 5-3-1994 as L.L. No. 1-1994]
No action or special proceeding shall be prosecuted or maintained against
the Village of Oxford, the Village of Oxford Superintendent of Public Works,
other officer, agent, employee or appointee of the Village of Oxford for personal
injury, wrongful death or damage to real or personal property alleged to have
been sustained by reason of the negligence or wrongful act of such Village
of Oxford, the Village of Oxford Superintendent of Public Works, other officer,
agent, employee or appointee of the Village of Oxford for the defective, unsafe,
out-of-repair, dangerous or obstructed condition, including the existence
of snow, ice, loose gravel or other foreign substance thereon, of any village-owned,
-leased or otherwise -controlled property of any kind, including but not limited
to streets, roads, highways, sidewalks, bridges, lands, culverts, sluices,
road or traffic control signs, trees, poles, standards, gravel pits, driveways,
buildings and other structures, equipment, disposal sites, streams or bodies
of water, drains, parks, recreation areas, swimming areas, pavilions, waterlines,
sewer lines and utilities, either aboveground or underground, unless written
notice thereof was actually given to the Village Clerk of the Village of Oxford
previously thereto and there was a failure or neglect within a reasonable
time after the giving of such notice to repair or remove such conditions complained
of.
Such written notice shall contain the name and address of the person(s)
giving such notice, date of existence and condition complained of and specify
the particular place where such condition is alleged to exist.
The Village Clerk shall transmit in writing to the Board of Trustees
of the Village of Oxford within ten (10) days after the receipt thereof all
written notices received by said Village Clerk.
The Village Clerk of the Village of Oxford shall keep an indexed record,
in a separate book, of all written notices which she shall receive pursuant
to this Article, which record shall state the date of receipt of the notice,
the nature and location of the condition stated to exist and the name and
address of the person from whom the notice is received. All such written notices
shall be indexed according to the location of the alleged condition complained
of. The record of each notice shall be preserved for a period of five (5)
years after the date of its receipt.
Nothing herein shall be construed as enlarging in any way the liability
of the Village of Oxford, the Village Superintendent of Public Works or other
officer, agent, employee or appointee of the Village of Oxford.
Nothing herein shall be deemed in any way to alter or amend the time
limitations or service requirement of §§ 50-e through 50-i
of the General Municipal Law of the State of New York as the same now exists
or may be hereafter amended.
