[HISTORY: Adopted by the Board of Trustees
of the Village of Cooperstown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-6-1972 as Ch. V and § 7.1 of the 1972
Ordinances]
[Amended 5-17-1999 by L.L. No. 3-1999; 9-15-2008 by L.L. No. 5-2008]
A.
The Village streets, curbs, sidewalks, docks, parking lots, and all
other Village property shall not be altered, excavated or encroached
upon, or otherwise used in such manner as to endanger the public safety,
health and welfare, or in such manner as to deprive or restrict the
public of the right to use such facilities, without first obtaining
permission in the form of a permit from the Village Clerk. As a condition
for granting such permit, the Village requires the following: a valid
UFPO number; liability insurance amounting to $2,000,000 aggregate,
$1,000,000 each occurrence, and the Village must be listed as additional
insured on the insurance certificate; a cash bond deposited with the
Village Clerk upon filing of the application for the permit in an
amount to be set by resolution of the Board of Trustees.
B.
The types of activities which this section is intended to cover include,
but are not limited to, obstructions of the Village streets or sidewalks,
excavation of Village streets, removal of portions of the Village
curb, repair of sidewalks, scaffolding overhanging Village streets
or sidewalks.
C.
All excavations shall be properly barricaded and lighted, and warning
devices maintained and properly braced, if necessary. All material,
earth and debris shall be properly placed, replaced and removed following
completion.
D.
Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Village.
E.
All costs shall be borne by the owner.
F.
Any person, plumber, caretaker, contractor, owner or tenant in possession
of the property violating these rules and regulations is guilty of
a violation and shall be punished by a fine not to exceed $250 plus
restitution. Each offense thereafter shall be the same. Each day of
violation constitutes a separate offense.[1]
[Added 2-25-2013 by L.L.
No. 4-2013; amended 1-23-2017 by L.L. No. 1-2017]
A.
The Mayor, Village Administrator, or Superintendent of Public Works
may declare snow or other emergencies. Immediately after the declaration
of an emergency and publication thereof by radio, television, internet
or other communications media, all parking along all streets shall
be prohibited for the duration of the emergency.
B.
When any vehicle is parked, standing, left unattended or abandoned
on any public street or highway within the Village during a declared
emergency, it may be removed by authority of the Superintendent of
Public Works or the Cooperstown Police Department.[1]
[1]
Editor's Note: Original sections pertaining to trimming of tree overhanging streets and sidewalks and vehicles (including bicycles) on sidewalks, which sections immediately followed this section, were repealed 4-27-2015 by L.L. No. 7-2015. See now § 240-9E and G and Ch. 39, Bicycles and Play Vehicles.
C.
During an emergency, parking shall be permitted in the Doubleday
Field parking lot.
D.
The Mayor, Village Administrator, or Superintendent of Public Works
shall declare the cessation of emergency conditions as soon as practicable,
and such shall be publicized by communications media. Upon this declaration,
all parking patterns shall revert to normal conditions.
A.
No races or contests for speed shall be held on any
street within the corporate limits of the Village without permission
of the Board of Trustees. A violation of this subsection shall be
punishable by a fine not to exceed $20 for each offense.
B.
It shall be unlawful for any person or persons to
play baseball, football or any other game in the streets of the Village.
A violation of this subsection shall be punishable by a fine not to
exceed $5 for each offense.
No person shall coast with hand sleds, bobsleds,
carts or other vehicles on wheels or runners upon any sidewalk or
any street within the corporate limits of the Village, except as designated
by the Board of Trustees. A violation of this section shall be punishable
by a fine not to exceed $5 for each offense.
[Amended 8-19-2002 by L.L. No. 3-2002; 8-22-2016 by L.L. No. 8-2016; 8-10-2020 by L.L. No. 6-2020]
No person or persons, associations or other business entities
shall deposit or cause to be deposited any garbage or other refuse
or waste of any type or nature, including but not limited to putrescible
items, construction debris, packing or shipping material, etc., upon
any of the streets, sidewalks or upon any other Village-owned real
property unless such refuse is deposited within a Village-approved
or -provided receptacle designated for that purpose. A violation of
this section shall be punishable by a fine of up to $350 for each
offense. Each day or portion thereof during which said refuse remains
on the Village property shall constitute a new, additional, and separately
chargeable offense. Alternatively, the Village, its employees or agents
may in their sole discretion undertake to remove and dispose of said
deposited material. In such event, the actual cost (employee salaries
and benefit costs, equipment cost, fees incurred, etc.) of said removal
and disposal incurred by the Village, regardless of amount, if not
paid following billing, may be recovered by the Village in a civil
action commenced in the appropriate court against the offender.
No person, association or corporation shall
erect poles or string wires in, over or upon any street in the Village
without first having obtained the permission of the Board of Trustees.
Any violation of this section shall be punishable by a fine of not
more than $100. Each day that a violation shall be knowingly continued
shall constitute a separate offense.
No person shall enter upon or use any property
belonging to or leased by the Village, whether situated inside or
outside the corporate limits of the Village, except in conformance
with regulations which the Board of Trustees may from time to time
enact. Any violation of any provision of such regulations shall be
punishable by a fine not to exceed $25 for each offense. Each day
that a violation shall be knowingly continued shall constitute a separate
offense.
[Adopted 11-24-2014 by L.L. No. 17-2014]
This article sets forth requirements for the use and maintenance
of sidewalks in the Village of Cooperstown in order to protect the
public health, safety and general welfare by providing safe walkways
for pedestrians along streets and roads in the Village. This article
is adopted pursuant to Section 10 of Article 2 of the Municipal Home
Rule Law.
A.
Construction. Within the Village of Cooperstown construction of sidewalks
where they do not currently exist may be required as a condition of
zoning review for new or modified development. Once installed by a
property owner or the Village, sidewalks must be maintained consistent
with this article. Any public sidewalks that are located within the
Village shall be constructed, reconstructed and repaired in accordance
with standards set by the Public Works Department.
B.
Maintenance and repair. The Village, in its absolute discretion,
may repair, maintain, replace and reconstruct sidewalks within or
adjoining the public right-of-way. Damage to sidewalks caused by other
than normal use shall be repaired by the party causing the damage
in accordance with standards set by the Public Works Department. Damage
not repaired within 21 days may be repaired by the Village at the
expense of the party causing the damage.
C.
Sidewalk removal. Sidewalks may be removed only in preparation for
replacement unless removal is approved by the Board of Trustees.
D.
Snow and ice removal.
(1)
Duty of property owner. It shall be the duty of the owner of every
parcel of real estate adjoining a public sidewalk, whether the parcel
of real estate is occupied by a structure or not, to keep such sidewalks
adjoining such property free from snow and ice for the full paved
width of such sidewalk. Property owners in the Business District where
pavers have been installed will be responsible for keeping the eight-foot-wide
concrete sidewalk free from snow or ice, or where pavers do not exist
in the Business District, a five-foot width of sidewalk free from
snow and ice.
(2)
Time limit. Snow and ice accumulation shall be removed within 24
hours after the end of a snowfall. In addition, sidewalks in front
of commercial establishments and commercial parking lots shall be
kept free of snow and ice at all times between the hours of 9:00 a.m.
and 5:00 p.m.
(3)
Severe icing. In case snow and ice on any sidewalk shall be frozen
so hard that it cannot be removed without injury to the sidewalk,
it shall, within the time specified above, be strewn and kept strewn
with sand, sawdust or other suitable material, so as to be no longer
dangerous to life and limb. As soon as practical thereafter, the sidewalk
shall be completely cleared of snow, ice and other materials strewn
thereon, as provided in this article.
(4)
Deicer. No sodium chloride (rock salt) shall be applied to public
sidewalks. Deicers shall be labeled safe for concrete use.
(5)
Removal of snow and ice accumulation by Village. Whenever the owner
of a parcel of real estate adjoining a public sidewalk fails to remove
the snow and ice accumulation from such sidewalk adjoining such property
within the time specified in this article, it shall be the duty of
the Superintendent of Public Works to determine a violation and the
Public Works Department to remove said snow and ice and notify the
Superintendent of Public Works of the amount of labor, equipment and
materials used.
(6)
Treatment of severe icing by Village. In the case of severe icing,
notification of the adjoining property owner is required to allow
for the ice to be strewn or removed before work by the Village progresses.
Twelve hours following written notice by the Superintendent of Public
Works delivered to the address where the icing has occurred, it shall
be the duty of the Superintendent of Public Works to determine a violation
and the Public Works Department to treat and/or remove said ice and
notify the Superintendent of Public Works of the amount of labor,
equipment and materials used.
(7)
Depositing on streets. No person, firm or corporation shall deposit,
throw, place or strew, nor shall any person, firm or corporation cause
to be deposited, thrown, placed or strewn, any snow or ice upon any
street, avenue or roadway within the Village.
(8)
Placing of snow and ice on another's property. No person, firm, corporation,
property owner or occupant shall remove snow or ice from any parcel
of real estate and place it upon another parcel of real estate without
the express permission of the owner of the parcel of real estate upon
which the snow or ice is to be placed.
E.
Trees and shrubs.
[Amended 2-22-2016 by L.L. No. 2-2016]
(1)
The
owner of premises abutting any street or road where a sidewalk has
been laid shall keep the sidewalk free from obstruction by plants,
shrubs and tree limbs. Tree limbs lower than seven feet must be trimmed
from above the sidewalk. No plants, shrubs or trees may impede passage
on the sidewalk.
(2)
If the Superintendent of Public Works determines that branches of
a privately owned tree cause a safety hazard to pedestrians or vehicles,
the Village can, at its option, trim said branches within the Village
right-of-way.
F.
Snow, ice and water falling from buildings. The owners of buildings
adjacent to public sidewalks shall take measures to protect the public
from the falling snow, ice or water from such buildings.
G.
Parking prohibited. No unauthorized motorized vehicle of any kind,
including but not limited to automobiles, trucks, trailers, motor
homes, motorcycles, snowmobiles and all-terrain vehicles, shall be
parked or stopped on any sidewalk within the Village at any time.
H.
Driving prohibited. No unauthorized motorized vehicle shall be operated
on any sidewalk within the Village. Vehicles equipped with snow removal
equipment may be used to remove snow from concrete or asphalt sidewalks
only with the permission of the Superintendent of Public Works.
A.
When the Village removes snow or removes or treats ice on a public
sidewalk because such has not been removed/treated by the adjoining
property owner within the time frame specified above, the charge to
the owner shall be $100 or the expense incurred, whichever is more.
The Village Treasurer shall promptly present to the owner a bill for
the removal of snow and ice as certified by the Superintendent of
Public Works. If not paid within 30 days, the cost thereof shall be
assessed against the property, added to its tax bill and become a
lien thereon, collectible in the same manner as delinquent Village
taxes.
B.
A violation of this article by parking on a sidewalk shall constitute a violation punishable by a fine not exceeding $100 for the first offense; the penalty for additional offenses shall be as set forth in Chapter 270, Vehicles and Traffic.
C.
Except as set forth above, failure to comply with any of these regulations
shall constitute a violation punishable by a fine not exceeding $250
for the first offense; $350 or imprisonment for a term not exceeding
15 days, or both, for the second offense; and $450 or imprisonment
for a term not exceeding 15 days, or both, for the third and any additional
offenses.
D.
Nothing herein shall prevent a civil action to recover costs incurred
by the Village of Cooperstown for any and all damages, including but
not limited to those done to public sidewalks (including those constructed
of pavers), street trees and plantings, and street furniture such
as fences, benches, signage and lampposts.
