[HISTORY: Adopted by the Board of Trustees of the Village
of Corinth as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-4-1931 as Art. III of the Village Ordinances; amended in its entirety 2-23-1983 by L.L. No.
1-1983 (Ch. 119, Art. I, of the 1983 Code)]
A.
Whenever sidewalks are constructed on the streets of the Village,
with the consent of the Board of Trustees, of material, width and
at a cost approved by such Board, the owner or occupant of the premises
adjoining such walk who shall have constructed the same will be paid
by the Board of Trustees, from the Street Fund of the current year,
1/2 the cost of said sidewalk.
B.
The consent above referred to will not be given unless application
for the same is made in writing, signed by the applicant, and which
application shall state the material, length, width, curbing, construction
and who is to do the work, the price therefor, the total expense thereof
and the time required to build the same. No rebate will be given until
receipted bills for labor and material entering into the construction
of said sidewalks are produced to the Board of Trustees by the beneficiary.
No person shall build, alter or repair any street, lane, gutter,
alley or sidewalk until after the grade thereof shall have been established
and until the permission so to do shall have been granted by the Board
of Trustees of the Village.
No person shall be guilty of racing or immoderately riding or
driving any horse or other animal in any of the streets of the Village,
and any policeman or police constable is hereby authorized and required
to stop and arrest any person guilty of such riding or driving in
the streets.
All coasting, sliding, rolling of iron hoops, practicing, batting,
throwing, catching or playing with any baseball, football or basketball
upon the sidewalks or in the streets of the Village and the jumping
on or across such sidewalks is hereby prohibited.
[Amended 8-13-2003 by L.L. No. 2-2003]
A.
BICYCLE
IN-LINE SKATES
ROLLER SKATES
SCOOTER
SKATEBOARD
TRICYCLE
As used in this section, the following terms shall have the meanings
indicated:
Every two- or three-wheeled device upon which a person or
persons may ride, propelled by human power through a belt, chain or
gears, with the exception of tricycles.
Shoes, skates or footwear with a single row of roller wheels
and commonly referred to as "roller blades."
Shoes, skates or footwear with two or more rows of roller
wheels.
A narrow board of wood, plastic, fiberglass or similar material
with roller skate or any other type of wheels attached to each end,
used for gliding or moving on any hard surfaces, with a mechanism
or other device for steering while being used, operated or ridden,
whether or not the same is motorized.
A narrow board of wood, plastic, fiberglass or similar material
with roller skate or any other type of wheels attached to each end,
used for gliding or moving on any hard surfaces, without a mechanism
or other device for steering while being used, operated or ridden.
Every three-wheeled device upon which a person or persons
may ride, propelled by human power with solid tires and intended for
use only upon a sidewalk by preteen age children.
B.
The use of skateboards, in-line skates, roller skates and scooters
is prohibited on the following streets and on the sidewalks adjacent
to such streets:
(1)
Main Street, from the northerly side of the intersection with Palmer
Avenue north to the Village boundary on Route 9N.
(2)
Maple Street, from Main Street west to the easterly side of the intersection
with Mill Street.
(3)
Center Street, from the railroad tracks which are just south of Mechanic
Street north to Maple Street.
C.
The use of bicycles, except bicycles operated by police officers, is prohibited on the sidewalks adjacent to the streets described in Subsection B(1) of this section.
D.
All bicycles, tricycles and similar vehicles, when ridden on the
public highways, streets and public places in the Village, shall be
equipped as required by § 1236 of the Vehicle and Traffic Law.
No person shall ride any such bicycle, tricycle or other similar vehicle
at a rate of speed greater than 30 miles an hour or coast or proceed
by inertia or momentum with feet off the pedals.[1]
All parades and the playing of bands of music upon the streets
or public grounds of the Village are prohibited without the written
consent of the Mayor of the Village first obtained, or in the absence
of the Mayor or in case of his disability, the written consent of
the Clerk-Treasurer of the Village.
No person shall commit any nuisance in any public street or
alley of the Village, or shall deposit any human excrement therein,
or shall in public view void his urine in any such street or alley.[1]
[Amended 9-19-2012 by L.L. No. 2-2012]
The streets, squares, lanes, alleys, sidewalks, crosswalks and
public grounds in the Village shall not be encumbered or encroached
upon with boxes, barrels, casks, crates, goods, wares, merchandise,
building material, material or in any wise whatever unless a permit
from the Board of Trustees is obtained as set forth in Subsection
B.
A.
ENCROACHMENT
PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any table, chair, furniture, clothes rack, sign, fire escape,
outside balcony, air-conditioning unit, building overhang, canopy,
marquee, awning, wire, cellar entrance, coalhole, manhole, oil vent
or intake, sprinkler, shutoff, street or sidewalk vault, sidewalk
elevator, hoistway, opening, scaffolding or other device or any structure
used in the erection, painting, repair or demolition of any building
or any other device or any structure or opening similar or dissimilar
to those before mentioned which shall extend under, on, in or over
a public street or sidewalk in the Village of Corinth, but shall not
include any wire, pole, cable or pipe erected, constructed or maintained
by any public utility company.
One or more natural persons, partnerships, corporations,
associations, societies or joint-stock companies, but not including
the Village of Corinth or its servants, agents, employees or officers
while acting in the performance of their duties as such.
B.
Permit required. On or after the effective dates of this section,
no person shall erect, construct or maintain any encroachment under,
on, in or over any public street or sidewalk or any private property
used as a public street or sidewalk without obtaining a permit therefor
as hereinafter provided.
C.
Construction standards; signs; specifications; certificate.
(1)
No encroachment shall be permitted unless the construction or erection
thereof shall comply with safe and existing methods of construction
or erection and not endanger the users of the public streets or sidewalks
of the Village.
(2)
The frames and supports of all movable awnings shall be securely
attached to the walls of the buildings, and the lowermost point of
the frame or support shall not be less than seven feet six inches
above the sidewalk, and the lowest part of the curtain scallop or
valance shall be at a height of not less than seven feet above the
sidewalk when such awning is extended.
(3)
The encroachment shall not extend more than four feet from the property
line and shall allow for four feet of unobstructed hard surface sidewalk
between each property.
(4)
A-frame and menu board signs may be allowed. Such signs and boards
shall not be illuminated and shall be no larger than six square feet
with no one dimension greater than three feet. No signs shall be hung
or attached to any portion of the encumbrance or an awning.
(5)
Permits for encroachments thereafter to be made shall be conditioned
upon the filing in the office of the Village Clerk-Treasurer of a
certificate, by the person making the same, that such encroachment
has been made in accordance with the plans and specifications filed
with such application and in accord with all conditions contained
in said permit, and which certificate shall be so filed within 10
days of the completion of such encroachment.
D.
Application; grant; contents.
(1)
Applications for such permits shall be made to the Village Clerk-Treasurer
on a form provided by the Village and shall specify the name of the
person making the application, the location, by street, of the property
in connection with which the permit is requested and a description
of the particular encroachment for which the permit is requested,
together with such other information as the Board of Trustees shall
from time to time require. Applications for permits for encroachments
not in existence at the time of such application shall be accompanied
by plans and specifications.
(2)
Permits may be granted by the Board of Trustees for a period not
to exceed 120 days from the date the permit is issued. The Mayor is
hereby authorized to grant encroachment permits in emergency cases,
which are subject to review by the Board of Trustees at its next meeting.
(3)
Upon the granting of the permit, there shall be delivered to the
applicant a printed permit containing the information set forth in
the application and any additional conditions as may have been imposed
by the Board of Trustees.
E.
Conditions for issuance of permit.
(1)
Upon approval by the Board of Trustees, the Mayor shall issue a permit.
(2)
Conditions for issuance of permit.
(a)
An agreement by the applicant to repair, at the expense of the
applicant, any damage caused to the sidewalk or street in the operation
of the encumbrance. The Board of Trustees may require a bond, in an
amount to be fixed by the Board of Trustees, to be filed by the applicant.
(b)
A hold-harmless agreement executed by the applicant and indemnifying
the Village against loss, including costs and expenses resulting from
injury to person or property as a direct or indirect result of the
operation of the encumbrance or for injury to person or property occurring
on the premises occupied by the encumbrance. Said hold-harmless agreement
shall be subject to the approval of the Village Attorney.
(c)
Proof of liability insurance in the amount of $1,000,000 per
occurrence and $2,000,000 aggregate. The Village of Corinth shall
be named as an additional insured.
(d)
If applicable, proof that the applicant has a state liquor license
authorizing him or her to serve alcoholic beverages and has liquor
license insurance. Such insurance policy must contain a provision
that requires the Village of Corinth Clerk-Treasurer to be notified
in the policy is canceled.
F.
Separate permits. Separate permits shall be required for each separately
numbered street property and for encroachments erected and maintained
by a lessee or occupant, as distinguished from an encroachment erected
or maintained by an owner of property.
G.
Transfers. Permits may be transferred from one person to another
with the approval of the Board of Trustees. Upon approval, the Village
Clerk-Treasurer will endorsement the permit showing the approval of
the transfer by the Board of Trustees.
H.
Inspection. The holder of any permit shall grant to the Building
Inspector, his authorized agent or any other officer or employee of
the Village access to the property for which a permit is granted at
any reasonable hour for purposes of inspection.
I.
Revocation. Permits shall be subject to revocation at the pleasure
of the Board of Trustees at any time. Each permit shall be granted,
whether or not set forth therein, upon the condition that the person
to whom it is granted shall remove any such encroachment upon the
revocation of the permit within five days from the date of the mailing
of notice of such revocation to the person to whom the permit was
granted at the address given in the application therefor. If the encroachment
is not removed within the required time period, the same may be removed
by the Village and the expense thereof shall be charged to and paid
by the person to whom the permit was granted or transferred.
J.
Discretion of Board of Trustees. Permits may be granted, denied or
granted with or without conditions, and such conditions may be altered,
revoked or amended as the Board of Trustees shall from time to time
determine.
K.
Other permits. The permit
required by this section shall be in addition to any permit required
by any law or regulation of the Village of Corinth, the County of
Saratoga, and the State of New York, including but not limited to
the Department of Health and State Liquor Authority.
L.
Fees. The fee for a permit under this section shall be $50 fixed
from time to time by the Village Board, payable upon the application
therefor.[1]
M.
Penalties for offenses. Any person violating this section shall,
upon conviction thereof, be subject to a fine not to exceed $250 or
imprisonment for a term not to exceed 15 days, or both.
No person or persons shall throw any snow or ice from the roof
of any building onto the sidewalks, and no owner or occupant of any
lot or building shall neglect to keep the same free and clear of all
encumbrances or neglect to keep the sidewalks or gutters opened and
free from accumulation of dirt, snow or ice therein or thereon or
shall neglect to remove such encumbrance immediately upon receiving
notice so to do by an officer of the Village.
No person shall deposit or cause to be deposited any dirt, ashes
or other substance upon any street, sidewalk, highway, alley or bank
of a stream in the Village unless the same is done for the improvement
of such street, highway or sidewalk under the direction of the Superintendent
of the Department of Public Works.
The riding, driving or leading of any cow, team, horse, mule
or goat upon any of the sidewalks within the corporate limits, except
to cross the same, and the stopping of any team or vehicle upon or
over any of the sidewalks, is hereby prohibited.[1]
No telegraph, telephone, electric light or power poles shall
hereafter be erected in, over or upon the streets or public grounds
of the Village of Corinth, nor any wires strung thereon, without the
written consent of the Board of Trustees of said Village first obtained,
and all such poles shall be set and wires strung subject to the direction
and control of such Board of Trustees. No steps shall be set, placed
or permitted to remain in any such pole nearer the ground than 10
feet.
A.
It shall be unlawful for any person, persons, firms, associations,
copartnerships or corporation to plant a poplar or soft maple tree
anywhere within any street, highway, alley, lane or other public place
of the Village of Corinth.
B.
It shall be unlawful for any person or persons to remove, mutilate,
cut the bark of or in any manner injure any shade tree occupying any
of the public streets, thoroughfares and public places of the Village
of Corinth.
No person shall, by his house or building or by any fence or
stoop, encroach upon any street, sidewalk, lane or alley in the Village.
All carriages, hacks and all other public conveyances are prohibited
from standing on the street in front of any premises for any unreasonable
time while waiting for or soliciting passengers.
No person shall suffer any loaded wagon, sleigh or other vehicle
to stand in any street of the Village in such manner as shall obstruct
the free passage of the same, or upon any sidewalk or crosswalk.
No poster, bill, advertisement, placards or notices, except
legal notices, shall be posted, exhibited or placed upon any fence,
tree, pole, bridge or other structure upon the streets or in the public
places of the Village of Corinth.
No person shall excavate in any of the streets, lanes, alleys
or other public places within the corporate limits of the Village
for the purpose of laying down any water pipe, drain or sewer, setting
any pole or for any other purpose without first obtaining written
permission of the Superintendent of the Department of Public Works
as to the time, manner and place when such street, sidewalk, land,
alley or other public place may be thus opened. Any person making
any such excavation, after having obtained such permit, shall protect
said excavation when open and restore said street, land or alley to
its former condition.
No person shall excavate immediately adjacent to any street,
alley or sidewalk without first obtaining permission so to do from
the Superintendent of the Department of Public Works in writing.
No paper, dirt or other substance shall be swept from the sidewalk
into the gutters unless the same is placed in heaps outside the gutters
after so doing in such a way that the papers will not become scattered
about.
Any person committing an offense against the provisions of this
article shall be guilty of a violation under the Penal Law and, upon
conviction thereof, shall be punishable for each offense by a fine
of not more than $250 or by imprisonment for not more than 15 days,
or both.
[Added 6-16-2004 by L.L. No. 2-2004]
A.
Legislative intent; statutory authorization.
(1)
It is the intent of this section to require a notice of defect to
be filed with the Village of Corinth so that the Village may be placed
on actual notice of any dangerous conditions and therefore be more
capable to replace and repair defective Village property and protect
Village residents from injury. It is the intent of the Village Board
to require notice of defects and dangerous conditions of any kind,
type or nature, not just physical conditions such as holes and cracks,
so as to strengthen and increase the Village's capacity to protect
lives and property and the public welfare.
(2)
This section is enacted pursuant to the powers granted to the Village
by virtue of Article IX, § 2(c)(5), of the New York State
Constitution and § 10 of the Municipal Home Rule Law.
B.
Notice of defect to be filed.
(1)
No cause of action shall accrue against or shall be maintained against
the Village, its officers, agents or employees, for damages or injuries
to a person or property sustained in consequence of any defective
or out-of-repair Village property or property under the direct or
indirect control of the Village, unless a written notice of defect
was first filed with the Village Clerk-Treasurer and there was a failure
or neglect by the Village within a reasonable time after the receipt
of such written notice to repair or remove the defect, danger or obstruction.
(2)
The filing of a notice of defect shall be a condition precedent to
the filing or maintaining of an action or special proceeding against
the Village, its officers, agents or employees, for such damage or
injury to person or property, in addition to any other notices required
by law.
C.
Enumeration of property included. Village property or property under
direct or indirect control of the Village shall include but not be
limited to street, highway, driveway, bridge, culvert, sidewalk, crosswalk,
or parts or appurtenances thereto. Defects and unsafe or dangerous
conditions referred to in this section include without limitation
the lack or absence of, failure to provide or failure to maintain
signs, safety devices, traffic control devices and snow and ice control.
D.
Records of notices to be maintained.
(1)
The Village Clerk-Treasurer shall keep an indexed record of all notices
of defect, which record shall indicate the time and date of receipt
of the notices. After receipt, the Village Clerk-Treasurer shall forward
copies of these notices to the Mayor.
(2)
The Village Clerk-Treasurer shall maintain an indexed record of all
remediation and/or repairs of conditions registered through a notice
of defect. This record shall indicate the date, time, extent of repair
or remediation, and who performed the work.
E.
Form of notice; service.
(1)
The notice of defect shall state that it is a notice of defect, the
name and address of the complainant, the specific nature of the defective
condition, and the exact location of the defective condition.
(2)
The notice of defect shall be signed by the complainant and be verified
by completing the form designated by the Village Clerk-Treasurer.
(3)
The notice shall be served on the Village by either delivering a
letter thereof personally to the Village Clerk-Treasurer or by certified
or registered mail addressed to the Village Clerk-Treasurer.
F.
Liability of Village.
(1)
This section shall not create new or additional liability for the
Village where there was no specific existing duty on the part of the
Village to repair or replace the defective or dangerous condition.
(2)
No claims shall be presented, nor any action maintained against the
Village, its officers, agents or employees, for damages or injuries
resulting from the defective or dangerous condition for which a notice
of defect has been filed where the Village Board has determined the
remedy or action appropriate to cure such defective or dangerous condition,
unless such determination is without rational basis or is grossly
negligent, or unless the remedy or action specified in such determination
has not been implemented within a reasonable time. Nothing in this
section shall be deemed to preclude the Village Board from a making
a determination that no remedial or corrective action is either necessary,
appropriate or justified for a condition for which a notice of defect
has been filed.
[Adopted 12-2-1993 (Ch. 119, Art. II, of the 1983 Code)]
Procedure for snow removal during a normal snowstorm shall be
as follows:
A.
Within the next 24 hours following a snowstorm, removal will begin
from the hours of 10:00 p.m. to 6:00 a.m. from Sunday through Thursday.
During a nonemergency snowstorm, no snow shall be removed on Fridays
or Saturdays.
B.
At no time shall snow be picked up at school locations between the
hours of 6:00 a.m. and 6:00 p.m. during school days. The sidewalk
plow will not plow by the school during arrival or dismissal times.
C.
Areas of snow removal are scheduled in order as follows:
[Amended 9-21-1994]
(1)
Crosswalks in front of schools.
(2)
Business district.
(3)
Oak Street School, Main Street to Second Street, both sides of the
street.
(4)
Churches.
(5)
Main routes.
(a)
Mechanic Street/Main Street to Village line; east side to Walnut
Street; west side from Walnut Street to Village line.
(b)
Palmer Avenue to bridge north side to businesses on south side.
(c)
Bridge on Maple Street to cemetery entrance south side.
(d)
Hamilton Avenue, north side.
(e)
Upper Center, west side.
(6)
Side streets.
D.
Two crews shall be used to decrease overtime. One crew will work
night shift, one crew day shift. No overtime will be used for normal
snow removal without prior approval of the Mayor.
The following snow removal procedures will be followed if a
snow emergency exists. A snow emergency is declared by the Mayor and
would exist if the amount of snow is large enough to create a safety
hazard. In the event of a breakdown of the sidewalk plow, the Village
may rent or borrow a snow blower to open up sidewalks.
A.
East side of Main Street from the beach to Oak Street.
B.
North side of Oak Street to the school.
C.
West side of Main Street from Oak Street to Eggleston Street.
D.
North side of Maple Street from Main Street to A. White and Son.
E.
North side of Palmer Avenue from Main Street to Palmer School.
F.
South side of Oak Street from Fifth Street to First Street.
