[Adopted 8-2-2022 by L.L. No. 6-2022]
The Town Board of the Town of Blooming Grove hereby finds that
crosswalk and sidewalk obstructions, such as shrubbery, hedges, trees,
vegetation, rock walls, any stones, logs, timbers, boxes, casks, planks,
boards or other articles presenting an obstacle or obstruction, create
a hazard by interfering with the safe passage of pedestrians. It is
the aim of the Town Board to reduce such hazards caused by the above
and similar objects, which are responsible for causing personal injury
and fatalities due to vehicular accidents.
No person shall place or cause to be placed on any sidewalk
or crosswalk in the Town of Blooming Grove, or within 18 inches of
the street line, any stones, logs, timbers, boxes, casks, planks,
boards or other articles presenting an obstacle or obstruction which
may limit or prohibit the safe passage of pedestrians.
No person shall place or cause to be placed, or suffer to remain
when so placed, any stones, brick, lumber or other building material
for building in or upon any street or public place in the Town of
Blooming Grove.
No person shall, without the permission of the Town Board of
the Town of Blooming Grove, erect or establish upon or within any
street or public ground in said Town any booth or stand for the purpose
of selling or exposing for sale any goods, wares or merchandise.
No person shall move or cause to be moved any building across
or along any sidewalk or sidewalks within the Town of Blooming Grove
without permission of the Town Board of said Town, nor shall any person
suffer such building to remain in the sidewalk of said Town for a
period longer than two days without such permission.
No awning, awning post, sign, signpost or other fixture shall
hereafter be placed or erected across or in any of the sidewalks of
the Town of Blooming Grove so as to project wholly or partly over
any of the sidewalks or streets herein, or be placed in proximity
thereto, by the owner, lessee or occupant of any store or building;
nor shall any person place or cause to be placed, hung or suspended
over any of the sidewalks or streets of said Town any goods, wares,
merchandise or other things for sale or exhibition; but nothing herein
contained shall prevent the erection of awnings of cloth upon iron
frames, so constructed and attached to the buildings as to be self-supporting,
provided that such awning in the lowest parts shall be at least eight
feet six inches above the sidewalk; and nothing herein contained shall
apply to wooden or iron awnings nor to signs conforming to the provisions
of the Town Code of the Town of Blooming Grove.
No person shall stick, tack, paste, nail or in any way affix
bills, advertisements or advertising matter of any kind to the sidewalks;
abutments; telegraph, electric, telephone or cable television poles;
shade trees; public grounds; or buildings in said Town of Blooming
Grove without first obtaining a permit to do so from the Town Board
and written permission from the owners of said property, pole(s) and
abutment(s). In case of such permit, the posting will be under the
direction of the Town Building Inspector serving the Town.
No person or persons, corporation or association shall hereafter
string or set any telegraph, telephone, electric, cable television
or other wires, or place or set any poles for stringing the same,
within the sidewalks of the Town of Blooming Grove unless such person
or persons, corporation or association shall first obtain a permit
so to do from the Town Board of said Town, and in case of such permit,
such pole or poles shall be set and such wires shall be strung under
the direction of the Town Engineer and/or Building Inspector serving
the Town.
No person shall place or cause to be placed on any sidewalk
in the Town of Blooming Grove any box, showcase, goods, wares or merchandise
or other article, except as may be necessary in transporting such
articles across the sidewalk or for show purposes or purposes of sale
in front of stores and places of business, and then the said goods,
wares and merchandise shall be exposed next adjoining the outward
wall of said store occupied by the person making such exhibit and
within three feet thereof. But nothing contained in this section shall
prohibit the placing of goods, merchandise, household furniture or
other commodities upon the sidewalk for the purpose of loading or
unloading such articles where they do not obstruct free passage thereon,
provided that such articles are removed without any unreasonable delay.
A.
Any person who shall refuse or neglect to comply with any provision
of this article shall be guilty of a violation. Each and every violation
of this article shall be punishable by a fine not to exceed $275.
Each day's continued violation shall constitute a separate violation.
B.
In addition to all other remedies provided for herein, the Board
may also enforce obedience to this article by injunction or by any
other remedy available to it by virtue of the judicial process.
The Building Inspector and/or Code Enforcement Officer serving
the Town of Blooming Grove shall have the authority to issue appearance
tickets for violations of this article.
This article supersedes, and is in derogation of, § 204-8 of the Code of the Town of Blooming Grove, County of Orange, State of New York.
This article shall take effect immediately when it is filed
in the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.
No statement in this article shall be construed to interfere
with any additional requirements that may be imposed by any federal,
state or local authority having jurisdiction.
This article is enacted by authority of § 20, Subdivision
5, of the Municipal Home Rule Law and any other law referenced herein
as authority herefor.
