Village of Malone, NY
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Malone as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 31A.
Minibikes — See Ch. 33.
Vehicle and traffic — See Ch. 59.
Village liability — See Ch. 61.
[1]
Editor's Note: Former Ch. 47, Sidewalks and Streets, adopted 2-14-1947, as amended, was repealed 6-9-1997 by L.L. No. 1-1997.
[Adopted 6-9-1997 by L.L. No. 2-1997]
No person shall suffer any loaded wagon, sleigh or other vehicle to stand in any of the streets of the Village of Malone in such a manner as shall obstruct the free passage of the same or upon any sidewalk or crosswalk.
[Amended 9-23-2013 by L.L. No. 3-2013]
A. 
In-line skating, roller-skating, skateboarding and play vehicles.
(1) 
No persons except those capable of reasonable and sufficient control shall ride or propel in-line skates, rollerskates or skateboards (hereinafter collectively called "skates") upon a public street, highway or sidewalk of the Village of Malone except in a prudent and careful manner.
(2) 
No person shall ride or propel skates unless operated with reasonable regard for the safety of the operator and other persons and property on the streets, sidewalks and other areas of the Village of Malone.
(3) 
No person shall ride or propel skates in a manner which shall impede or interfere with pedestrian or vehicular traffic.
(4) 
No person 14 years of age or older shall ride or propel skates or use any other play vehicle on the sidewalk or in any parking lot in the downtown business section of the Village of Malone.
(5) 
All persons on skates shall adhere to the rules relating to bicycles as stated in Article 34 of the New York State Vehicle and Traffic Law except as to those provisions which by their nature have no application.
(6) 
Operators of skates emerging from an alley, driveway, or building shall, upon approaching a sidewalk, yield the right-of-way to all pedestrians approaching said sidewalk.
(7) 
Operators of skates shall yield the right-of-way to pedestrians and shall give a reasonable audible signal before overtaking and passing such pedestrian.
(8) 
All operators of skates shall, during the hours of darkness, wear reflective clothing which shall be visible from a distance of not less than 50 feet and a maximum of 300 feet from the front, side and rear when directly in front of the lawful beams of a motor vehicle; or shall wear or display a red or flashing red light which can be seen from the same distances as stated above without any additional illumination. Reflective clothing shall be defined for this section as any shirt, vest or jacket or other apparel equipped with a reflective surface.
(9) 
All operators of skates are encouraged to wear protective equipment, including but not limited to helmets, wrist guards, kneepads and elbow pads.
(10) 
All persons under the age of 14 shall wear approved helmets as defined in Article 34 of the New York State Vehicle and Traffic Law and wrist guards commonly sold for in-line skating.
(11) 
Parents and guardians shall be responsible for children under their care and be subject to the penalties provided in this article.
B. 
Nothing herein shall prohibit this municipality from designating an area or areas in the Village of Malone which may be primarily used by operators of skates, including the placement of equipment therefor, upon the request and approval of the Chief of Police.
No person shall place or deposit (except as provided in this and the next section) on any sidewalk or crosswalk, or in any street or lane of the Village of Malone, any cask, box, crate, stone, lumber or other material, under the minimum penalty of $50 for the first offense and $100 for each and every offense thereafter, and the person or persons depositing the same and the owner or occupant of the premises in front of which any such substance or material may be shall further forfeit the sum of $50 for every 24 hours the same shall remain, after having been notified by any of the Mayor, a Trustee, the Public Works Construction and Maintenance Supervisor or Clerk to remove the same.
The Mayor may grant permission, in writing, to any person to place and keep any building material in any of the public streets of the Village of Malone, for the purpose of building or repairs, for a period not exceeding three months, but such permission shall not authorize the obstruction of more than 1/2 of the sidewalk and 1/2 of the street opposite the lot on which the erection of a building or the repairs are to be made, by the person to whom such permission may have been granted, and such permission may be revoked by the Mayor on two days' notice.
No person shall erect or place, or cause to be erected or placed, any building or other structure extending or projecting over the street, under minimum penalty of $25 for the first offense and $50 for each offense thereafter, and the further penalty of $50 for each day the same shall be allowed to remain after notice from the Mayor or a Trustee to remove the same, provided that such penalty shall not be incurred by reason of any cornice, piazza, window cap or ornamental molding projecting into the street three feet or less, or any swing awning attached to such building for the purpose of shade.
Any person, persons or corporation who shall tear up or injure any pavement, planking, flagging, concrete or macadamized way, bridge, sidewalk, crosswalk, drain, gutter or sewer in any street or public ground of the Village of Malone, or shall dig or cause to be dug any hole or ditch or otherwise disturb the same, without permission first received from the Mayor or Trustees in writing, and not then except under the supervision of the Department of Public Works, at their own proper cost for the time of the Department of Public Works, under minimum penalty of $50 for each offense, and shall be further liable for all damage that may result by reason of disturbing said street, to be recovered in the name of the Village of Malone in an action brought for that purpose.
No person shall, without the permission of the Mayor or Trustees, construct or cause to be made any leading ditch for a main or branch gas pipe, any sewer, vault, cistern or well in any of the streets of the Village of Malone, nor then except under the Supervision of the Department of Public Works, as specified in § 47-6 of this local law, under a minimum penalty of $75 for the first offense and $100 for each offense thereafter, and shall be further liable for any damages that may result by reason of disturbing said street to be recovered by the Village of Malone in an action brought for that purpose.
No person shall fly kites or articles of like nature in any of the streets or sidewalks of the Village of Malone, nor coast or slide down any hill, unless specifically set aside for a specified purpose by the Village Board; nor shall the use at any other time or place upon the village streets or sidewalks of sleds, skateboards, carts, rollerskates, in-line skates or any other articles of like nature be permitted.
No person shall, without permission and under the supervision of the Department of Public Works, alter the grade of any sidewalk in the Village of Malone under the minimum penalty of $50 for each offense and the further penalty of $50 for each and every week such grade shall remain altered after notice from the Public Works Construction and Maintenance Supervisor or a Trustee to restore the same.
No person shall, without the authority of the Public Works Construction and Maintenance Supervisor, put any earth, stones or other material into any sluice, drain, culvert or gutter of the Village of Malone or otherwise obstruct the same under the minimum penalty of $50 for each offense and the cost of repair.
The occupant or owner of every building or lot, and the owner or occupant of every vacant lot within the limits of the Village of Malone, shall keep the sidewalks in front of such premises in good and sufficient repair for the general use of the public, under the penalty of $50 for every 48 hours the same may remain in bad or unsafe condition, after having been notified by the Clerk of the Board of Trustees or the Mayor to repair the same. The Board of Trustees may construct or repair such sidewalks at the expense of the owners thereof, as provided by law.
The owner or occupant of every building or lot and the owner of every unoccupied building lot, adjoining which is a sidewalk, shall see that the same is at all times kept unencumbered and free from snow, ice, dirt, rubbish or other matter which may obstruct the proper and free use of the same, under a minimum penalty of $25 for each offense. In case of ice and snow, if said owner or occupant shall fail to comply with the foregoing provisions, it is also enacted that the Public Works Construction and Maintenance Supervisor may clear such walks and charge the same against the owner or occupant of the premises a minimum charge of $25 per walk, and the same shall be a lien upon said property, as provided by law.
No owner or occupant of any property shall deposit ice or snow in the public streets of the Village of Malone or otherwise obstruct the same with ice or snow, under the minimum penalty of $25 for the first offense and $100 for each subsequent offense.
No person, firm or corporation shall place or cause to be placed upon any of the sidewalks or crosswalks of the Village of Malone any writing, printing, characters, figures, signs, emblems or marks, or otherwise deface such walks in any manner, under a minimum penalty of $25 for the first offense and $50 for each offense thereafter, plus the actual cost of repair.
Nothing contained herein or committed therefrom shall be construed or held to relieve any person using or traveling, or being upon any street in the Village of Malone for any purpose whatever, from exercising all reasonable care to avoid or prevent injury through collision with other persons or vehicles.
A. 
Any person violating any section of this article except § 47-2, or any part thereof, shall be liable for and forfeit and pay a penalty not exceeding $100 for each offense, except as otherwise provided herein.
B. 
Violations of § 47-2.
(1) 
A violation of any provision of § 47-2 shall be and hereby is fixed at a sum not to exceed $50.
(2) 
Section 1238 of the New York State Vehicle and Traffic Law may be utilized when appropriate to determine the sentence for a violation of these provisions.
[Adopted 5-14-2018 by L.L. No. 2-2018]
As used in this article, the following terms shall have the meanings indicated:
COMPLETE STREETS
Streets designed and operated to provide safe and convenient access for all roadway users, regardless of age, ability or mode of transportation. This includes pedestrians, cyclists, transit users, motorists, emergency responders, and freight users. It considers the needs of children, the elderly and persons with disabilities.
The Village supports the development of a complete transportation network for all modes of travel that promotes access, mobility and safety for all users.
A. 
All Village-owned transportation facilities in the public right-of-way, including streets, bridges and paths, shall be planned, designed, constructed, operated, and maintained so that users of all ages and disabilities can travel safely and independently.
B. 
Privately constructed streets and parking lots shall adhere to this policy.
C. 
The Village shall foster partnerships with the New York State Department of Transportation (NYS DOT), Franklin County, neighboring communities, businesses, and school districts to develop facilities and accommodations that further the Village's Complete Streets Policy and continue such infrastructure beyond the Village's borders.
D. 
The Village shall approach every transportation improvement as an opportunity to create safer, more accessible streets for all users. This includes planning, programming, design, right-of-way acquisition, construction, reconstruction, operation, and maintenance.
A. 
Any exception to this policy, whether for public or private projects, must be approved by the Village Board with documentation of the reason for the exception. Such documentation shall be recorded and made publicly available.
B. 
Exceptions may be considered when:
(1) 
The project involves a roadway where nonmotorized use is prohibited by law, such as interstate freeways. In these cases, efforts shall be made to accommodate pedestrians and bicyclists elsewhere while minimizing detours;
(2) 
The Department of Public Works concludes that the cost of accommodation is excessively disproportionate to the need of probable use; and/or
(3) 
There is documented absence of current or future need.
The Village should follow accepted design standards whenever possible. These standards include:
A. 
Institute of Transportation Engineers (ITE) Designing Walkable Urban Thoroughfares: A Context Sensitive Approach;
B. 
American Association of State Highway Transportation Officials; (AASHTO) Guide for Planning, Designing and Operating Pedestrian Facilities;
C. 
AASHTO Guide for the Development of Bicycle Facilities;
D. 
National Association of City Transportation Officials (NACTO) Street Design Guide; and
E. 
The Americans with Disabilities Act Accessibility Guidelines.
A. 
The Village shall measure the success of this Complete Streets Policy using the following performance measures (Village to select):
(1) 
Miles of bike lanes/paths striped or built.
(2) 
New linear feet of pedestrian accommodation.
(3) 
Number of crosswalk and intersection improvements.
(4) 
Changes in crash data for all modes.
B. 
The Village of Malone shall identify strategic opportunities to make streets more complete and oversee the implementation of this policy.
C. 
The Malone Village Board shall review and report progress made in implementing this policy. The report shall detail the annual increase or decrease each performance measure contained in this article compared to the previous year(s). The report shall be posted online for public review.
A. 
The Village of Malone shall view complete streets as integral to everyday transportation decisionmaking practices and processes. To this end:
(1) 
The Department of Public Works, the Malone Planning Board, Code Enforcement and other relevant departments and committees shall incorporate complete streets principles into all existing plans, manuals, checklists, decision trees, rules, regulations, and programs as appropriate;
(2) 
The Department of Public Works, the Malone Planning Board, Code Enforcement and other relevant departments and committees shall review current design standards, including subdivision regulations which apply to new roadway construction, to ensure that they reflect the best available design standards and guidelines, and effectively implement complete streets, where feasible;
(3) 
When available, the Village shall offer workshops and other educational opportunities on complete streets and nonmotorized modes to transportation professionals, community leaders, and residents; and
(4) 
The Village shall actively seek sources of appropriate funding to implement complete streets.
B. 
The Code Enforcement Office shall consider, as part of its review of building permits, implementation of any or all components of this Complete Streets Policy and shall monitor any such building projects to ensure compliance with the provisions of this policy.