[HISTORY: Adopted by the Board of Trustees of the Village
of Nyack 7-10-1935 (Ch. 48 of the 1972 Code). Amendments noted where applicable.]
[Amended 4-14-1994 by L.L. No. 2-1994]
No person or corporation shall erect, cause to be erected or
maintain within the limits of said Village any awning, shed, roof
or other overhead structure over, along or across any sidewalk of
a lesser distance than seven feet in the clear from the surface of
said sidewalk, under a penalty not exceeding $100, and in addition
thereto, a violation of this section shall constitute disorderly conduct,
and a person violating the same shall be deemed a disorderly person.
A.
No person or corporation shall string or suspend across any street,
sidewalk, square or public place within said Village any banner, sign
or other device or any ropes, guy lines or attachments thereto without
first having obtained permission from the Board of Trustees of the
Village, under a penalty not exceeding $100 for each and every offense
and $25 for each day it is allowed to remain after notice of its removal
has been given by the Mayor, Police or Trustees of the Village.
[Amended 4-14-1994 by L.L. No. 2-1994]
B.
A violation for any provision of this section shall constitute disorderly
conduct, and the person violating the same shall be deemed a disorderly
person.
A.
No person shall use any hand sled or similar vehicle for coasting
in or upon any public street or place within the limits of said Village,
except upon such streets as may be designated and set apart by the
Board of Trustees of the said Village for that purpose.
B.
Any person offending against this chapter shall be subject to a penalty
not exceeding $25 for each and every offense, and in addition thereto
a violation of this section shall constitute disorderly conduct, and
a person violating the same shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
A.
Every person or corporation owning premises in the said Village shall
at all times keep grass, weeds and shrubbery between such premises
and the public streets, and between the sidewalks in front of such
premises and the street or gutter, cut and trimmed, under a penalty
not exceeding $50 for each and every offense, and in addition thereto,
the violation of this section shall constitute disorderly conduct,
and a person violating the same shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
B.
The Village may serve notice upon the owner or owners of property
in front of which grass, weeds and shrubbery are not cut and trimmed
as herein provided, requiring the said owner or owners to cut and
trim said grass, weeds and shrubbery within 48 hours, and upon his,
her or their failure so to do, the Village may proceed to cut and
trim said grass, weeds and shrubbery, and the cost thereof may thereupon
be assessed upon the adjoining property in the manner provided by
law.
A.
No public street, highway or places within the Village shall be opened
or excavated by any person without first obtaining a permit or license
therefor, to be granted by the Village Clerk.
B.
The fee for said permit or license shall be as follows:
[Amended 4-14-1994 by L.L. No. 2-1994]
(1)
For each square yard of asphalt block, brick or concrete pavement
sought to be opened: $50, with a minimum of $100.
(2)
Sheet asphalt, $50 per square yard with a minimum of $100.
(3)
For macadam, $25 per square yard, with a minimum of $100.
(4)
Tarvia, a flat price of $100.
(5)
Natural dirt road, a flat price of $50.
C.
On all of the above prices 20 feet by three feet is the maximum footage.
D.
In addition to the fee above provided, no such permit or license
shall be issued unless the person or corporation applying therefor
shall first deposit with the Village Clerk a surety company bond,
to be approved by the Clerk, in the penal sum of $5,000, the condition
of which shall be that the person to whom, or corporation to which
such a license is issued, shall hold the Village harmless by reason
of any claim or action which may be made or brought against it, growing
out of, or by reason of the street opening or excavation of which
said license was issued.
E.
Any person obtaining a permit to open or excavate any public street,
as hereinbefore provided, must refill such excavation or opening,
properly tamp the same, and restore the surface of said street or
public place to its former condition, the final surface to be supervised
by the Superintendent of Public Works.
F.
Any person violating any provision of this section shall be subject
to a penalty not exceeding $100 per yard or portion thereof for each
and every offense, and in addition thereto, a violation of this section
shall constitute disorderly conduct, and a person violating the same
shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
No person shall dig or remove or cause to be dug or removed,
without the permission of the Board of Trustees of the Village, any
stone, earth, sand or gravel from any public place or street in said
Village, under a penalty not exceeding $25 for each offense, and a
violation of any provision of this chapter shall constitute disorderly
conduct, and the person violating the same shall be deemed a disorderly
person.
[Amended 4-14-1994 by L.L. No. 2-1994]
A.
No person shall throw a stone or any other thing at any of the street
lamps or attachments, or in any way injure any electric streetlight
or fixtures thereof, or in any wise to injure or interfere with any
water pipe or main, or sewer pipe in any street or place in the Village,
under a penalty not exceeding $100 for each and every offense, and
in addition thereto, a violation of this section shall constitute
disorderly conduct, and a person violating the same shall be deemed
a disorderly person.
B.
In addition to, or as an alternative to, the criminal penalties provided for in Subsection A of this section, a person damaging any of the fixtures of the Village of Nyack shall be civilly liable for the cost of repair and, if civil suit is necessary to recover the same, the person causing such damage shall also be liable for the costs, expenses and reasonable attorneys' fees of the Village expended in collecting said monies.
No person shall play baseball or any other game on any street
or public place in said Village under a penalty not exceeding $10
for each and every offense, and in addition thereto, a violation of
this section shall constitute disorderly conduct, and a person violating
the same shall be deemed a disorderly person.
A.
No person shall go about or remain in or about any of the streets,
sidewalks or public places of said Village beating any drum or tambourine
or playing a hand organ or any other musical instrument without the
written permission of the Mayor, or, in his absence, of a Trustee
of said Village, under a penalty of $25 for each and every offense.
B.
A violation of any provision of this section shall constitute disorderly
conduct, and a person violating the same shall be deemed a disorderly
person.
[Amended 1-14-1993 by L.L. No. 2-1993; 11-13-2003 by L.L. No. 1-2003; 2-24-2011 by L.L. No.
3-2011]
A.
Any person or entity who owns, leases or otherwise occupies property
abutting any public sidewalk is required to remove any fallen snow
24 hours after the cessation of snowfall to create a clear path of
a minimum width of 36 inches. Any such person or entity shall also
be responsible to sprinkle sand and/or deicer upon ice when that ice
cannot be readily removed.
B.
When the same cannot be so removed by reason of physical conditions,
it shall be covered or sprinkled with sand, ashes or other suitable
material.
C.
Penalty and enforcement.
(1)
Any
person or entity charged with the duty of removing the snow and ice
or covering the same as herein provided shall be subject to a penalty
not to exceed $100 for the failure to do so on a first offense, and
up to $250 for the failure so to do on a second offense within a one-year
period.
(2)
This
section may be enforced by the police, by the Village Building Inspector,
Assistant Building Inspector, Code Enforcement Officer and Fire Inspector.
D.
If the owner, lessee or occupier fails to remove fallen snow within
the specified time frame, the Superintendent of Public Works shall
cause the snow to be removed from the sidewalk at the cost of the
owner, lessee or occupier. This cost is in the form of an assessment
made and levied against the property, to which a collection fee may
be added, in an amount set by Village Board resolution, for administrative
assessment costs.
E.
The Board of Trustees may, from time to time by resolution, amend the fine schedule called for in § 299-10C herein, and shall post such amended fine schedule in the office of the Village Clerk.
F.
Payment of penalty. If cited party accepts a guilty plea to these charges and wishes to avoid a court appearance they may either mail or bring a check or postal money order in the amount noted in § 299-10C to the Village Court Clerk within 10 days of date on violation notice. Checks must be made payable to “The Village of Nyack Justice Court.” Payment must reflect the incident number from appearance ticket and the property address in the memo section of the check. If you wish to plead not guilty, you must appear in the Nyack Justice Court on date noted on violation notice.
G.
Notice
of violation. Whenever the Village Building Inspector, Assistant Building
Inspector, Code Enforcement Officer or Fire Inspector determines that
any sidewalk or curb has not been cleared of snow or ice within the
specified time frame, she/he shall issue and serve a notice of violation.
Notice shall be served on the owner or registrant agent of the premises
by personal delivery or by First Class United States Mail to the owner's
or agent's last known address.
[Added 2-9-1937; amended 7-18-1991 by L.L. No. 8-1991]
A.
The maintenance, repair and reconstruction of sidewalks and curbs,
including all necessary supports and retaining walls, shall be the
responsibility and obligation of the abutting landowners and shall
be performed at their sole expense to specifications approved by the
Building Inspector. Said owner or occupant shall be liable for any
injuries or damage caused by reason of omission, failure or negligence
to maintain or repair said sidewalks and curbs, or to keep them free
from obstructions.
[Amended 12-9-2004 by L.L. No. 10-2004]
B.
Notice of repair.
(1)
Whenever the Superintendent of Public Works, Village Engineer or
Village Building Inspector determines that any sidewalk or curb is
in need of repair or replacement, s/he shall issue and serve a notice
specifying the work to be done within a specified time, which notice
shall be served on the owner or registrant agent of the premises by
personal delivery or by certified mail to the owner's or agent's
last known address. An affidavit setting forth the time and method
of service shall be kept by the Village Clerk.
(2)
Such notice shall advise that unless the work listed is completed
by the deadline given in the notice, the Department of Public Works
may perform the work and charge the expense thereof to the premises
as an assessment against the premises. The assessment shall equal
the cost to the Village to carry out the work plus 10%, together with
the costs and expenses of collecting the amount owed.
(3)
If the owner fails to carry out the requirements of the notice, the
Superintendent may order the work to proceed. Within 60 days after
completion of the work, the Superintendent shall provide the Village
Clerk with a statement of the amount to be assessed against the premises
for the work performed. The Village Clerk shall notify the owner,
in writing, by certified mail, of the amount owed. If the owner fails
to pay the amount due within 45 days of the mailing of said notices,
the Village Clerk shall file a notice of lien and assessment for the
amount due with the appropriate Town Tax Collector for entry on the
tax collection rolls.
(4)
Notwithstanding the foregoing, by retaining the right to notify the
property owners of the condition of their sidewalk, the Village does
not thereby assume liability for the condition of sidewalks or for
monitoring the condition of sidewalks, which shall remain solely the
property owner's obligation. Said owner shall be liable for any
injuries or damage caused by reason of omission, failure or negligence
to maintain or repair said sidewalks and curbs, or to keep them free
from obstructions.
[Amended 12-9-2004 by L.L. No. 10-2004]
C.
No sidewalk or curb shall be altered or changed for the purpose of
opening a driveway or entrance into the property abutting such sidewalk
without the owner first having obtained a permit approved by the Planning
Board and issued by the Building Inspector.
D.
Any person or corporation violating this section shall be subject
to a penalty not exceeding $250 for each offense, and in addition
thereto, a violation thereof shall constitute disorderly conduct,
and a person violating the same shall be deemed a disorderly person.
Each daily occurrence shall be deemed a separate offense.
[Amended 1-14-1993 by L.L. No. 2-1993; 4-14-1994 by L.L. No.
4-1994]
A.
No person or corporation lacking a general or specific permit therefor
shall place or deposit on any public street or sidewalk or on any
area generally used as a sidewalk or on any part or portion thereof
any cask, crate, wood, stone, plank, display platform, stand or shelf,
boards, goods, wares, foodstuffs, tables and/or chairs, merchandise,
vending machine, coin-operated dispenser box or other substances or
materials or stands for the purpose of sale, utilization or display.
B.
No person or corporation lacking a general or specific permit therefor
shall erect or maintain on any public street or sidewalk or on any
part or portion thereof, including as an appendage or attachment to
a structure fronting on said street or sidewalk, any bicycle rack,
any kiosk, stationary push-cart, instrument, box or device which overhangs
the street or sidewalk and which is designed to be, or by design or
location can be utilized by any person on or from the adjacent public
street or sidewalk except bicycle racks which are located so that
the bicycles therein do not obstruct the street or sidewalk.
C.
No person or corporation lacking a general or specific permit therefor
shall place, erect or maintain on any public street or sidewalk or
on any part or portion thereof any rack for the distribution of pamphlets,
papers or books, whether being distributed for a fee or price or gratuitously.
D.
All trucks, trailers or other motor vehicles shall be prohibited
from loading or unloading any motor cars in the Village of Nyack in
such a manner as to interfere with or obstruct or tend to obstruct
the public streets and highways of the Village of Nyack or interfere
with or tend to interfere with the traffic thereon.
E.
Nothing in this section shall be construed to interfere with any
reasonable use of such streets or sidewalks for loading or unloading
of merchandise containers, refuse or any other necessary thing or
for the placing of garbage, refuse, recyclables or ashes at the curb
on appointed days for the collection thereof.
F.
Nothing in this chapter shall be construed to interfere with or override
the business activities of any public utility to the extent those
activities are governed or regulated by an agency of state or federal
government. Public utilities are intended to be covered by this chapter
to the extent of their activities on the streets and sidewalks of
Nyack.
G.
Any person violating the provisions of this section shall be subject
to a penalty not exceeding $100 for the first offense and a penalty
not exceeding $1,000 for the second or other subsequent offense and,
in addition thereto, a violation thereof shall constitute disorderly
conduct, and a person violating the same shall be deemed a disorderly
person. This section may be enforced by the police or a Village parking
enforcement aide.
H.
In addition to the penalties provided in Subsection G herein, the Village may, in the case of ongoing violations, proceed by injunctive action in Supreme Court. In addition to any other fines, costs or fees, the Village shall be entitled to reasonable attorneys' fees if it is the prevailing party.
[Added 4-14-1994 by L.L. No. 2-1994[1]]
As used in this chapter, the following terms shall have the
meanings indicated:
Encompassing one or more blocks or streets.
One who holds a permit from the Village Board to provide
a service to the public.
Issued by the Village Board and may be on an annual, indefinite
until revoked or limited-time basis. A general permit may also be
geographically unlimited or restricted. A general permit includes,
but is not limited to, an approval granted to a Chamber of Commerce,
a nonprofit organization or other entity for a community-wide occasion.
Includes a telephone booth, a wall, pedestal or pole-mounted
telephone, or a speaker or receiver for voice or facsimile messages.
A corporation in the business of providing a service to the
public which is regulated by the Public Service Commission of the
State of New York or any similar or successor governmental authority
as to its tariffs, level of service and accountability for its corporate
action.
Is limited as to time, location, or both.
Specific permit also covers a site specific approval issued
by the Planning Board of the Village of Nyack in connection with a
site plan approval and need not be a separate application if encompassed
within a larger site plan. A specific permit includes a permit issued
by the Building Inspector for any activity specifically authorized
by any other local law to be conducted on a street or sidewalk.
[1]
Editor's Note: This local law also repealed original § 48-13,
Obstructing streets (merchandise), as amended.
[Amended 1-14-1993 by L.L. No. 2-1993; 4-14-1994 by L.L. No. 2-1994]
No person shall obstruct or interfere with the use by the public
of the walks laid across the public streets in said Village by placing
a horse, carriage, automobile or other vehicle or any manner of obstruction
upon or across said crosswalks under a penalty not exceeding $50 for
each offense, and in addition thereto, the violation of this section
shall constitute disorderly conduct, and the person violating the
same shall be deemed a disorderly person. This section may be enforced
by the police or a Village parking enforcement aide.
A.
It shall be unlawful for any person to obstruct or to cover by bridge
or plank, stone or other material or device, any gutter of any street
in said Village, without first having obtained permission from the
Board of Trustees, and when such bridge or cover is laid, it must
be laid in such manner; and the drain or passage underneath of such
size, as shall be directed by the Trustees, and if such drain shall
at any time become obstructed, or if it becomes necessary to clean
the gutter, such covering shall, on order of the Trustees, be removed
forthwith by the party or parties owning or occupying the adjoining
property.
B.
Any person or persons violating this section shall be liable to a
penalty of not exceeding $100, and in addition thereto, the violation
of this section shall constitute disorderly conduct, and a person
violating the same shall be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
A.
No person or corporation shall string or place electric light or
telephone wire or wires upon, along or over any public street or public
place in said Village without the permission of the Board of Trustees
first had and obtained.
B.
Any person or corporation offending against this section shall be
subject to a penalty of not more than $50 for each and every offense,
and a further penalty of not more than $10 for each 24 hours that
such wire or wires shall remain up after notice to remove the same
has been given, or until the necessary permit is granted.
C.
A violation of any provision of this section shall constitute disorderly
conduct, and the person violating the same shall be deemed a disorderly
person.
A.
No person shall cut down or trim any shade or ornamental tree upon or along any public street or place in said Village, without the permission of the Board of Trustees of said Village, unless in compliance with § 299-18 of the Village ordinances.
B.
Any person violating any provision of this section shall be subject
to a penalty not exceeding $25 for each and every offense, and in
addition thereto, a violation of this section shall constitute disorderly
conduct, and a person violating the same shall be deemed a disorderly
person.
C.
Any person cutting down, poisoning, burning or otherwise destroying,
removing or causing the death of any public shade tree shall, in addition
to or as an alternative to any other penalties, also be made civilly
liable for the full cost of replacement of each such tree or trees
and, if civil suit is necessary to recover said sum, the person causing
such loss or damage shall also be liable for the costs, expenses and
reasonable attorneys' fees of the Village expended in collecting
said monies.
[Added 4-14-1994 by L.L. No. 2-1994]
A.
Any tree or trees standing on or along the line of any street, whether
upon private property or in the street, shall be kept trimmed by the
owner of the property upon which, or in front of whose property it
stands, in such a manner as to prevent the limbs or branches thereof
from obstructing the sidewalks or street for public use and travel,
and all trees and branches overhanging the street or sidewalk that
are dead or decayed, or in danger of falling on, or interfering with
any light, fixture or other structure, lawfully in and upon said street
or along said sidewalk, shall be removed by the owner of the property
upon which, or in front of whose property it stands, under a penalty
of $100, and in addition thereto, a violation of this section shall
constitute disorderly conduct, and the person violating the same shall
be deemed a disorderly person.
[Amended 4-14-1994 by L.L. No. 2-1994]
B.
If any person shall refuse or neglect to trim any tree or trees so
situated, for a period of 48 hours after receiving written notice
by the Trustees of the Village requiring the same to be done, the
Board of Trustees of said Village may cause said trees to be trimmed
by or under the direction of the Superintendent of Public Works of
said Village, and the cost thereof shall be a charge upon and against
said premises, to be assessed against the same in the manner prescribed
by law.
[Added 2-14-1991 by L.L. No. 1-1991]
A.
Any person using or operating a skateboard, bicycle or any other
wheeled conveyances other than wheelchairs on a Village sidewalk shall
dismount when overtaking, passing or meeting a pedestrian.
B.
Any person violating the provisions of this section shall be subject
to a penalty not exceeding $25 for the first offense and a penalty
not exceeding $100 for the second offense, and in addition thereto,
a violation thereof shall constitute disorderly conduct, and a person
violating the same shall be deemed a disorderly person. This section
may be enforced by the police or a Village parking enforcement aide.
[Amended 1-14-1993 by L.L. No. 2-1993]
C.
Special enforcement for violators under the age of majority. For offenses of this section committed in their presence, the police or parking enforcement aides, in lieu of a citation seeking penalties as provided in Subsection B hereof, may impound any skateboard or bicycle, provided that the operator thereof is given a receipt therefor. The receipt shall identify the person from whom the property was taken and provide details as to where and for what fee the property can be redeemed. The fee for skateboard redemption shall be $10 and for bicycle redemption $25. Property properly impounded, if not redeemed within 30 days, may be declared abandoned property and disposed of as provided by law.
[Added 5-9-1996 by L.L. No. 3-1996]
[Added 4-14-1994 by L.L. No. 2-1994]
A.
Applications to the Village Board shall be submitted through the
office of the Village Clerk and shall contain therein as much information
as may be required by the Clerk and any additional information the
applicant deems necessary for favorable consideration. The application
fee shall be $250.
B.
Upon receipt of the application at its next regular meeting, the
Village Board may proceed to address the matter upon the merits based
on the information submitted or may vote to hold a public hearing
if, in its discretion, the public interest so warrants. A public hearing
shall be scheduled not sooner than two weeks from the initial Board
decision to hold a hearing, and not longer than 45 days subsequent
to such decision.
C.
Nothing herein shall be construed as compelling a decision by the
Village Board at its initial review, and the petition may be carried
over for one additional meeting before either a decision is reached
or the matter is scheduled for a public hearing.
D.
If the Village Board concludes that the public interest requires
a public hearing, the applicant shall be required to pre-pay the costs
of the legal notices and stenographic expenses. The anticipated expenses
shall be bonded by the applicant by depositing with the Village Clerk
monies in an amount to be set by the Board as a condition of the hearing.
Such amount so deposited as may not be needed shall be returned to
the applicant after the hearing.
E.
Site-specific applications shall be submitted to the Planning Board
through the Clerk of the Planning Board and shall contain such information
and be subject to such fees as are regularly required for Planning
Board review.
F.
In the instance of applications for permits held for public hearing
by the Village Board, the scope of such hearing shall include not
only the factors which balance traffic and safety consideration with
the validity or desirability of the private interest to be served,
but they shall include general question of public convenience and
necessity, the impact of the use on the social life of the community,
the reasonableness of fees or rates to be charged the public by the
applicant, any potential for the disturbance of public order and the
potential for use or exploitation for anti social or illegal purposes.
G.
Permits issued on the authority of the Village Board do not require
Planning Board action or concurrence.
