This chapter shall be known and may be cited as the "Streets and Public Places Ordinance of the City of Lackawanna, New York."
The construction of all streets, sidewalks and public ways within the City shall meet such specifications, standards and requirements as may be established by the Council. All such construction shall be under the direct supervision of the Department of Public Works and the Chief Engineer.
No person shall move any building, part of a building or oversize loads as specified in Vehicle and Traffic Law § 385 over, across or through any City street, lane or alley except with written permission of the Chief Engineer. Every such permit may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the Chief Engineer. All permits issued shall be revocable by the Chief Engineer at his or her discretion without a hearing or the necessity of showing cause.
A. 
Prohibited. No person shall deposit in or upon any public street, sidewalk or public way any substance or material whatever, except as hereinafter provided.
B. 
Building materials.
(1) 
Generally. No person shall use any part of a public street, sidewalk, alley or any public grounds for the deposit of any building, paving or sewer materials except for immediate transfer of the same to the premises fronting on the portion of said street, sidewalk, alley or public ground so occupied, nor shall such materials be allowed to remain on said street, alley or ground longer than sundown of the same day unless a permit has been granted as hereinafter provided.
(2) 
Granting of permit. The Chief Engineer may grant a permit to any owner or contractor in case there is no space on said lot to deposit said building materials to use not more than 1/3 of the street in front of said premises and not more than 1/3 of the sidewalk for such deposit for a period to be designated by the City.
(3) 
Duty of permittee. In all cases where a permit has been granted, the person holding such permit shall keep the materials so piled that they shall not encumber any larger portion than 1/3 of the street, sidewalk, alley or public place and shall guard against accidents by displaying warning lights at such piles of materials during the night.
(4) 
Effect of permit violation. A violation of any of the terms of the permit issued hereunder by the Chief Engineer shall work a forfeiture of all rights and privileges of such permit.
(5) 
Removal of materials by City; costs. If the provisions of the permit issued hereunder are violated, the Chief Engineer shall cause the materials specified herein to be removed either to the premises upon which such materials are intended to be used, in which case the Chief Engineer shall report the expense of such removal to the Council and the Council shall direct such expense to be assessed upon the lot or premises to which such materials are removed, or, at his or her option, the Chief Engineer may cause such materials to be removed to some suitable place of storage from whence the materials may be redeemed only upon payment to the City of the costs of such removal and storage.
C. 
Goods, wares or merchandise.
(1) 
No person shall leave or deposit any goods, wares or merchandise upon any sidewalk; provided, however, that such articles may be so deposited for not more than two hours while receiving the same in original packages or when in packages for delivery after actual sale thereof, provided that such goods shall be placed inside and within four feet of the curb and shall not be piled to a greater height than four feet.
(2) 
Fresh produce. No person shall leave or deposit fresh produce upon any sidewalk. The City Council has the authority to grant a permit to any delicatessen located in neighborhood commercial zones for the display and sale of fresh produce. The fresh produce must be placed four feet from the curb and shall not be piled to a height greater than four feet. It shall not obstruct any sidewalk or walkway causing insufficient width for handicap passage. All authorized permits are subject to revoking at any time by the City Council if all requirements of this section cannot be reasonably provided by this section and the federal guidelines under the Americans with Disability Act.
[Added 9-8-2004 by L.L. No. 3-2004]
D. 
Refuse or rubbish. No person shall sweep or permit any person in his or her employ to sweep from any building or lot owned or occupied by him or her or from the sidewalk in front of such building or lot, any dirt, paper or rubbish of any kind, nor shall any person throw, scatter or place within the limits of any public street, alley or ground any paper, rags, dirt, garbage, ashes or any refuse whatever.
E. 
Glass, metal, stone, etc.
(1) 
Prohibited. No person shall place or cause to be placed in or upon the surface of any street, sidewalk, alley, highway or road in the City any glass, metal, stone, earthenware or any other substance of a nature likely to cause injury to pedestrians, animals, carriages, bicycles or other vehicles.
(2) 
Removal. It shall be the duty of any member of the Department of Public Safety when cognizant of the presence of any such injurious substances or deposits on any street, sidewalk, highway or road to thereupon cause the same to be removed or else report the same to the Chief Engineer without delay, and the Chief Engineer shall cause the same to be removed immediately.
F. 
Spilling, depositing oil, etc. No person shall spill, place or deposit upon the pavement of any street in the City which is paved with asphalt or other hard material any oil, grease or other substance which tends to disintegrate the pavement or make it slippery or otherwise dangerous.
G. 
Any person, firm, partnership, corporation, LLC or other entity which digs into a public right-of-way, street or sidewalk for repairs, construction, utilities or any other reason must receive authorization from the Commissioner of Public Works, and may, at his discretion, require a performance bond as a condition of said authorization, prior to the commencement of such work. Upon completion of such work, the street, sidewalk or public right-of-way shall be restored to its original condition. The Commissioner of Public Works shall inspect such work during and upon completion to determine whether the work was performed in accordance with all specifications, standards and requirements of the City.
[Added 6-7-2016]
H. 
No person shall place or cause to be placed in or upon the surface of any street, sidewalk, alley, highway, road or City right-of-way in the City of Lackawanna any grill, fryer or any other object used in the preparation of food.
[Added 4-18-2017]
Canvas awnings supported by an iron framework securely attached to the building in front of which said awning shall be constructed or suspended, every part of which framework shall be at least nine feet above and the inner portion of which shall be at least 10 feet from the sidewalk, may be constructed to project over the sidewalk not to exceed 10 feet. No sign or device whatever shall extend beyond the street line.
[Added 6-2-2014]
No person shall park a vehicle on a sidewalk. No vehicle shall be parked in a driveway in such a manner that the vehicle protrudes on a sidewalk or a public street, highway or right-of-way.
No person shall dig in any street, lane, alley or sidewalk, or carry away dirt, soil, plank, paving or any material of which any street, lane, alley or sidewalk may be constructed, or take up any paving or other material, except as permitted by ordinance or resolution of the Council or to repair or build sidewalks.
A. 
Existing; changes. All streets, avenues, boulevards and alleys heretofore laid out and worked shall be known by the names and numbers now recorded in the street record and no change shall be made in the name or number of any such street without the consent of the Council.
B. 
Recording of street names. No person shall erect any sign designating the name of any street, avenue, boulevard or alley until such name shall be recorded in the office of the City Clerk. The City Clerk shall not record any such name when any street, avenue, boulevard or alley shall have been already recorded with the same name.
C. 
Hearing on duplicate names. It shall be the duty of the City Clerk to report to the Council a list of all streets, avenues, boulevards and alleys recorded in his or her office having duplicate names or numbers, giving the date of such record, and the Council shall give notice of a day for hearing interested persons relative to change of the names of such duplicated streets and the City Clerk shall, upon such designation, enter such action in the street record.