[HISTORY: Adopted by the Board of Trustees
of the Village of Maybrook 4-23-1979 by L.L. No. 5-1979 as Articles
1, 2, 3, 4, 5, 6, 7, 11, 13, 14 and 15 of Chapter 44 of the 1979 Municipal
Code. Amendments noted where applicable.]
[Amended 6-23-2003 by L.L. No. 2-2003]
A.Â
No person or persons shall obstruct vehicle or pedestrian
traffic on any street or sidewalk within the Village of Maybrook.
B.Â
No person or persons shall obstruct access of any
motor vehicle or pedestrian to any private street, private sidewalk
or foot path, driveway or parking area in the Village of Maybrook,
unless such person(s) possesses the property right to do so.
C.Â
No person or persons may engage in basketball, baseball,
football, soccer, or any similar activity on any public street or
sidewalk in the Village of Maybrook under circumstances where such
activity may foreseeably result in damage to private property or injury
to any person. Whether such activities have created a reasonable foreseeability
of property damage or injury in a specific instance shall be an issue
of fact based on relevant circumstances, including, but not limited
to:
(1)Â
The number of participants in the activity;
(2)Â
The volume of vehicle traffic ordinarily occurring
at the location of the activity and the volume of traffic at the time
of the alleged offense;
(3)Â
Proximity of the participants in the activity to the
real property or personal property of others;
(4)Â
Whether the participants have been warned of the possibility
of causing property damage or personal injury;
(5)Â
Whether the activity obstructs pedestrian or vehicular
access to any private property from the street or sidewalk or threatens
to do so; and
(6)Â
Whether the activity or similar activity at the location
has in fact caused property damage or personal injury in the past.
D.Â
It shall be an additional offense for any person or
persons who have been ordered to disperse by a police officer, not
to do so, or for such person or persons to continue the activity after
being ordered to disperse by a police officer from any location where
a violation of this section is occurring.
[Amended 6-13-2005 by L.L. No. 6-2005]
A.Â
No person or persons shall place in, on or upon any
of the streets or sidewalks in said Village of Maybrook any articles,
materials, structures or things whatsoever, or make use of any such
prohibited item, in any such manner that the same may inhibit or obstruct
the free passage of persons or vehicles in, on, or upon said streets
or sidewalks.
B.Â
For the purposes of this section, "articles, materials,
structures or things" shall mean any manufactured or naturally occurring
product that is either permanently or temporarily placed on a Village
street or sidewalk which is not so placed by authority of the Village
of Maybrook Board of Trustees. Articles, materials, structures or
things shall include, but are not limited to, movable or permanent
poles, backboards and basketball hoops, fill, fences, landscaping,
bricks, stones, construction materials and chattels of any description.
C.Â
The Board of Trustees of the Village of Maybrook finds
and concludes that the amount of traffic on the streets and sidewalks
of the Village has increased to a level that requires the streets
and sidewalks to be clear at all times to prevent injury to persons
and property. Activities prohibited by this chapter may be conducted
on private property, if permitted by law, or at public facilities
made available by the Village of Maybrook.
D.Â
For the purposes of this section, a person or group
of persons who use any articles, materials, structure or things that
are located on a Village street or sidewalk shall all be deemed to
be individually in violation of this section.
The Board of Trustees may, upon written application
containing the name of the applicant, stating the premises affected,
a diagram to scale showing buildings, sidewalk, street location or
utility poles, parking meters and other physical objects within the
area, the specific relief requested and all the reasons therefor,
grant a permit for a loading zone, with or without provision to place
a vehicle across a sidewalk for the purpose of loading or unloading,
when the requested loading zone is reasonably necessary for the transaction
of business at the premises and the requested loading zone and use
thereof does not unreasonably interfere with pedestrian and vehicle
traffic. The Board may impose conditions regulating the zone and use
provided by such permit, including but not limited to restricting
the hours when such zone can be used, the duration of such use, posting
guards to aid pedestrian and vehicle traffic, the minimum of open
street width to be maintained and the location and dimensions of the
zone.
No person or persons shall build, erect, place
or cause to be built, erected or placed or permit to remain upon any
street or sidewalk in said Village of Maybrook any building encroachment
or projection in, on or over any sidewalk or public grounds in said
Village unless permission so to do is first given and granted by the
Board of Trustees of said Village.
No person shall post, affix or attach any bill,
sign, advertisement, poster, notice or any words, characters or device
as a notice of or reference to any article, business, exhibition matter
or event to any telephone or telegraph pole or upon or to any rock,
tree, wall, fence or other structure in the Village of Maybrook without
the consent of the owner of the thing posted upon.
All persons shall remove or cause to be removed
from the gutter or gutters in front of the premises owned or occupied
by them in said Village of Maybrook all dirt, silt, rubbish, object
or other accumulation which causes obstruction in said gutter or gutters.
No person shall construct, place or erect a
culvert or bridge in front of premises owned by him unless prior written
permission therefore has been obtained from the Superintendent of
Public Works of the Village of Maybrook.
[Amended 12-9-1991 by L.L. No. 6-1991]
A.Â
All persons shall remove or cause to be removed from
the sidewalk in front of or abutting on the premises owned or occupied
by them all snow within 24 hours after the snow has fallen or the
storm from which such snow came has ceased and all ice within 24 hours
after the ice has formed or accumulated. A "sidewalk" shall mean that
portion of a public highway outside of the street or roadway used
or set aside for use of pedestrians.
B.Â
Upon default in removing or causing to be removed
the snow and ice as required by this chapter, provision may be made
for removal thereof at the expense of the owners of such premises,
and such charge shall become a lien upon such premises until paid.
A.Â
Definition. "Within the sidewalk area" shall mean
the full width and area of the street right-of-way between the property
lines of premises adjoining said streets.
B.Â
Planting trees, shrubs and hedges.
(1)Â
No trees, shrubs or hedges shall be placed within
the sidewalk area in front of or adjacent to any private premises.
(2)Â
The Village may, in its own discretion and with the
written consent of the owner of premises abutting the public right-of-way,
enter upon such abutting premises to plant suitable trees. Such trees
shall thereafter be maintained by the owner of the abutting premises.
(3)Â
In case of existing trees, shrubs or hedges located
within the sidewalk area, the Village shall be responsible for their
maintenance.
C.Â
Removing and trimming trees, shrubs and hedges and
repairing damage to sidewalks caused by roots. It shall be the duty
of every owner, tenant or other occupant of any house or structure
and every owner or person entitled to possession of any vacant lot
to keep trees, shrubs and hedges on their property trimmed so that
overhanging limbs will not interfere with passersby on the sidewalk
or roadway. Such limbs are to be kept trimmed at all times to allow
a passage of space of not less than eight feet above the center of
the sidewalk and not less than 13 feet above the roadway, measured
at a point five feet from the curbline. It shall be the duty of every
owner, tenant or other occupant of any house or structure and every
owner or person entitled to possession of any vacant lot to repair
any sidewalk or curb in front of or adjacent to such premises damaged
by roots of a tree, shrub or hedge on said premises.
D.Â
Injuring, destroying or removing trees. No person
shall in any way cut, injure, destroy or remove any shade or ornamental
tree within the sidewalk area without first securing the written approval
of the Superintendent of Public Works of the Village.
E.Â
Planting of certain trees prohibited.
(1)Â
No person or persons, firm, association or corporation
shall plant any poplar trees of any type, willow trees or trees known
as "swamp maple trees" on any street or within 25 feet of any municipal
water conduit, sewage main or storm drain.
(2)Â
It shall be the duty of the Superintendent of Public
Works of the Village to cause any poplar trees, willow trees or swamp
maple trees now growing in any street in the Village which are causing
any damage to any municipal water conduit, sewage main or storm drain
belonging to the Village to be forthwith removed. It shall be the
duty of the owner of the property to cause to be removed any poplar
trees, willow trees or swamp maple trees growing on his property within
25 feet of a municipal water conduit, sewage main or storm drain and
which are causing any damage to any such water conduit, sewage main
or storm drain within 10 days after written notice by mail to remove
is given to the owner of the property on which such tree is or trees
are located.
F.Â
Hedges at street intersections. No person or persons,
firm, association or corporation shall suffer or permit any fence,
hedge, ornamental planting, bush or other plant or shrub to be erected
or to grow on any corner property owned or occupied by him or them
in the Village, formed by the intersection of two streets, roads or
avenues, to a greater height than two feet above the street level
on any portion of said property within a radius of 50 feet when measured
from the corner of the property formed by the intersection of the
curbline of the two streets.
G.Â
Penalties.
(1)Â
Any person who has been notified by the Village that
the trees, hedges or shrubs on his premises are in violation hereof
and shall fail to correct the condition within 10 days of the giving
of such notice to his last known address by mail shall be in violation
of this section, and, in addition to the penalties otherwise enforceable,
the Village may thereafter so trim or remove offending trees, shrubs
and hedges as to correct the prohibited conditions and assess the
cost thereof against the owners of the adjacent property. Such costs,
if not paid, shall be assessable and collected against the property
as a tax thereon.
(2)Â
Any person guilty of a violation of this section shall be subject to the penalties provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, in addition to any other remedy provided for herein, and each calendar day violation continues shall be a separate and distinct violation.
[Amended 12-9-1991 by L.L. No. 6-1991]
H.Â
Any person aggrieved by a determination of the officials
or employees of the Village of Maybrook in the enforcement and administration
of this section shall have the opportunity, within seven days after
notice of the determination, order or notice, to file with the Village
Clerk a written request for review by the Board of Trustees. Such
request shall state the party's name and address, premises in question,
determination being reviewed, subsections involved, relief requested
and reason therefor. The request shall be presented at the next Board
of Trustees meeting, at which the party aggrieved, in person or by
duly authorized representative, shall be given the opportunity to
be heard. The Board of Trustees shall have the power to affirm, modify
or overrule the determination which is the subject of the appeal and
shall render its decision not later than its regular meeting.
A.Â
No person, firm or corporation shall place, deposit,
leave, expose for sale or otherwise display any goods, wares or merchandise
of any nature or description on any street or sidewalk in the Village
of Maybrook, New York, except while temporarily loading or unloading
the same.
B.Â
No person, firm or corporation shall place, deposit,
leave, expose for sale or otherwise display any goods, wares or merchandise
of any nature or description on or adjacent to a street or sidewalk
unless the same are at least 30 inches above the level of the ground
under the same and unless such goods, wares and merchandise are completely
and entirely covered with and by netting, screen or other material
to protect them from dust, dirt and other foreign matter.
[Amended 12-9-1991 by L.L. No. 6-1991; 7-27-2015 by L.L. No. 7-2015]
A.Â
No person shall open up, dig, excavate or tunnel under any street,
sidewalk, gutter, curb or crosswalk or pavement within the Village
of Maybrook, New York, without first obtaining a written permit for
the same from the Superintendent of Public Works.
B.Â
All excavations around, adjacent to or abutting any buried utility
in the Village shall be performed by the vacuum excavation method.
C.Â
All street, gutter, curb, crosswalk or pavement opening shall be
saw cut prior to the excavation process.
D.Â
The permit shall be granted upon satisfaction of the terms and conditions
as herein set forth:
(1)Â
Except as hereinafter provided, not less than 24 hours prior to the
proposed time for such digging or excavation, written application
shall be made to the Village Clerk for a permit therefor. Such application
shall state:
(2)Â
Each application shall be accompanied by a cash deposit adequate
to cover the cost of restoring the street and/or sidewalk to a condition
which meets the approval of the Superintendent of Public Works or,
in the alternative, a surety company bond, to be approved by the Village
Attorney, giving adequate assurance that satisfactory repavement will
be made.
(3)Â
Each application for a permit shall further be accompanied by a certificate
of insurance, in form approved by the Village Attorney and issued
by an insurance company authorized to do business in the State of
New York, running to the Village, guaranteeing that the applicant
has provided public liability coverage in an amount set by resolution
of the Board of Trustees, 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 of
the person to whom, the permit is issued or by anyone acting thereunder
on his behalf.
(4)Â
Any person, firm or corporation whose business is of such a nature
as would require obtaining frequent permits for digging or excavation
shall not be required to file a separate bond for each application
but may provide a general bond annually, to be approved by the Village
Attorney, in the penal sum of not less than $5,000.
(5)Â
All excavating shall be completed within a reasonable time. Upon
the written direction and consent of the Superintendent of Public
Works, the applicant may restore the pavement to a complete repair
under the supervision of the Superintendent of Public Works. Failure
to restore the pavement to complete repair to a condition acceptable
to the Superintendent of Public Works may result in the Village restoring
the street and/or sidewalk to complete repair, or hiring a contractor
to do so, the cost thereof to be paid by the applicant, the amount
due being taken from the sum placed on deposit as herein provided.
Until such complete repair has been made, all liability for the condition
of the street remains upon the applicant. All trenches shall be backfilled
by hand and tamped in layers not exceeding 12 inches in depth in the
traveled way and by puddling outside the traveled way where, in the
opinion of the Superintendent of Public Works, soil conditions permit.
(6)Â
The person to whom the permit is issued shall maintain sufficient
guards, barricades, lights or watchmen to protect persons and property
against injury and damage by reason of such openings.
(7)Â
The permit fee shall be in an amount set by resolution of the Board
of Trustees, and such fee shall accompany each application.
E.Â
Emergency street openings. In an emergency calling for the immediate opening of a street or sidewalk to prevent injury or damage to person or property, application shall be made for an emergency permit to the Village Clerk during office hours or the Police Department at any other time, either in person or by telephone, and authority shall be granted to proceed with the necessary work. Any such emergency work shall comply with Subsections B and C of this section. As soon as the condition of emergency no longer exists, the applicant shall comply with all of the preceding subsections of this section and failure to do so shall be considered a violation hereunder.
