It shall be unlawful for any person in any way
to obstruct, encumber, occupy or consent to aid or abet the obstruction,
encumbrance or occupation of any part of any street, lane, alley,
sidewalk or public grounds in the village, except so far as the same
shall be necessary for the erection or repair of a building or the
grading or improvement of a lot and only so long as shall be necessary
therefor, for the loading or unloading of wagons and vehicles and
the removal of their contents, provided always that a passageway shall
at all times be kept clear for travelers and pedestrians, and provided
also that all such obstructions shall be carefully and properly guarded
and lighted at all times during the night. No person shall otherwise
store or keep any property in any street in the village at night.
[Added 1-14-1997 by L.L. No. 2-1997]
As used in this chapter, unless otherwise expressly
stated, the following terms shall have the meanings indicated:
A walk for pedestrians at the side of a street and in the
public right-of-way.
A path at the side of The Erie Canal formerly used by animals
or men towing boats.
It shall be unlawful for any person, by selling
or advertising goods upon the streets in the village, to attract a
crowd and obstruct a sidewalk.
A.
Criminal penalty. Any person who violates any provision
of this article shall, upon conviction thereof, be subject to a fine
not to exceed $250 or to imprisonment for a term not to exceed 15
days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this article.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this article
nor a judgment in or the pendency of a civil action of law or in equity
shall be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this
article shall not excuse the violation or permit it to continue, and
the remedies herein provided for penalties and civil action to enjoin
or abate a violation shall be cumulative.
