[HISTORY: Adopted by the Town Board of the Town of Irondequoit as
indicated in article histories. Amendments noted where applicable.]
[Adopted 1-20-1977 as Ch.
44, Arts. I, II, IV and V, of the 1977 Code]
This article shall be known as and may be cited as the "Street, Highway
and Public Places Ordinances of the Town of Irondequoit."
As used in this article, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Includes curbs constructed by the Town as a part of a street improvement
or curbs constructed pursuant to a permit issued by the Town Commissioner
of Public Works/Superintendent of Highways or County Superintendent of Highways.
Includes all portions of driveways located within the limits of a
highway.
Includes lumber, wood or logs, building materials and supplies, abandoned
machines, vehicles or implements; fences, buildings or structures; earth,
stone or other material within the boundaries of a highway.
Includes any Town highway under the jurisdiction and control of the
Town Commissioner of Public Works/Superintendent of Highways of the Town of
Irondequoit or a county highway, including drainage ditches, pipes and appurtenances
thereto.
[Added 5-21-1996 by L.L.
No. 2-1996]
A.
General. The powers and duties to enforce the provisions
of this article shall be under the administration, direction and control of
the Department of Public Works and/or the Commissioner of Public Works/Superintendent
of Highways.
B.
Traffic control maintenance. The Department of Public
Works and/or Commissioner of Public Works/Superintendent of Highways shall
have charge of and be responsible for any provisions of the Vehicle and Traffic
Law pertaining to the maintenance of controls of signage of traffic, parking,
pedestrian crossings and any local laws or ordinances pertaining to the same
as it falls within the Town government's jurisdiction or responsibility.
A.
Obstruction prohibited. No person shall, without a permit
as hereinafter provided, make, suffer or create an obstruction as defined
in this article within the bounds of any street or highway, nor in any manner
permit an obstruction to interfere with public travel therein.
B.
Duty of owner or occupant. Each owner or occupant of
lands situated along a street or highway shall remove all obstructions within
the bounds of such highway, which have been placed there either by himself
or herself or by or with his or her consent and without a permit as herein
provided.
C.
Permit. The Town Commissioner of Public Works/Superintendent
of Highways may issue a permit for a temporary obstruction in a highway upon
such terms and conditions as he or she may prescribe, but not to exceed a
thirty-day period unless specifically authorized by the Town Board. No permit
shall be issued by the Town Commissioner of Public Works/Superintendent of
Highways unless a bond in such form as the Town Attorney shall approve shall
be filed with the Town Clerk, indemnifying the Town of Irondequoit and the
Town Commissioner of Public Works/Superintendent of Highways of and from any
and all claims or causes of action arising in any manner from such temporary
obstruction. Such bond shall be in such amount not less than $2,000 as the
Town Commissioner of Public Works/Superintendent of Highways shall direct.
A.
Interference prohibited. No person shall, without a permit
as hereinafter provided, injure, deface, destroy, remove or otherwise interfere
with any curb within any street or highway.
B.
Permit. The Town Commissioner of Public Works/Superintendent
of Highways may grant a permit for the cutting or removal of curbs in connection
with installation of new driveways upon such terms and conditions as he or
she may prescribe. No permit shall be issued by the Town Commissioner of Public
Works/Superintendent of Highways unless a bond in such form as the Town Attorney
shall approve shall be filed with the Town Clerk, indemnifying the Town of
Irondequoit and the Town Commissioner of Public Works/Superintendent of Highways
of and from any and all claims or causes of action arising in any manner from
such cutting or removal of curbs in connection with installation of new driveways.
Such bond shall be in an amount of not less than $2,000 as the Town Commissioner
of Public Works/Superintendent of Highways shall direct.
A.
Permit required. No driveway shall be installed within
the limits of a highway unless a permit therefor shall be obtained from the
Town Commissioner of Public Works/Superintendent of Highways as herein provided.
B.
Permit. The Town Commissioner of Public Works/Superintendent
of Highways may issue a permit for the installation of a driveway in a highway
on such terms and conditions as he or she may prescribe and subject to the
provisions of this section. No permit shall be issued by the Town Commissioner
of Public Works/Superintendent of Highways unless a bond in such form as the
Town Attorney shall approve shall be filed with the Town Clerk, indemnifying
the Town of Irondequoit and the Town Commissioner of Public Works/Superintendent
of Highways of and from any and all claims or causes of action arising in
any manner from such driveway installation. Such bond shall be in such amount
not less than $2,000 as the Town Commissioner of Public Works/Superintendent
of Highways shall direct.
C.
Special provisions.
(1)
The Town Commissioner of Public Works/Superintendent
of Highways shall, in cases where the street or highway has a curb, require
among other conditions the following:
(a)
That all new driveways shall have the same curbing radius
as other driveways on the same street or highway.
(b)
Pavement and curbing radius shall be removed from all
discontinued driveways abutting the property served by the new driveway.
(c)
Curbing of the same character and type of stone shall
be built across all discontinued driveways.
(d)
The joint between curb and pavement shall be properly
sealed with an approved sealer.
(e)
The width of the driveway on the pavement side of the
walk shall correspond with and be of the same width as the driveway inside
the walk.
(2)
In cases where no curbing exists, the Town Commissioner
of Public Works/Superintendent of Highways may require such additional installations
including drainage pipes as may be necessary to permit the free flow of drainage
water in such streets or highways.
A.
Duty of owner or occupant. Each owner or occupant of
lands situated along a sidewalk within the bounds of any street or highway
shall keep and maintain such sidewalk in proper repair.
B.
Approval by Town Commissioner of Public Works/Superintendent
of Highways. No sidewalk shall be constructed within the bounds of any highway
unless the design, construction and grade thereof shall be approved by the
Town Commissioner of Public Works/Superintendent of Highways.
C.
Construction requirements.
(1)
Sidewalk lateral grades shall be at least 1/8 inch per
foot and shall not exceed 1/2 inch per foot.
(2)
Sidewalk construction shall be done in a manner such
as will not interfere with the established gutter line or in any other way
cause additional water to flow upon private property.
(3)
While the work is in progress or until the above is complied
with, any obstructions or grade in excess of 1/2 inch per foot shall be marked
with adequate warning devices, including barriers and warning lights.
D.
Abutting property owners to be responsible for maintenance.
Approval of sidewalk construction by the Town Commissioner of Public Works/Superintendent
of Highways shall not be construed to impose any duty upon such Town Commissioner
of Public Works/Superintendent of Highways or upon the Town of Irondequoit
to maintain such sidewalks, but such sidewalks shall be maintained by the
abutting property owner or owners.
E.
ASPHALT/CEMENT SHIMS
CRACKED SLABS
HAZARDOUS SIDEWALK
HEAVED WALK AT TREES
ONE SLAB BETWEEN TWO DEFECTIVE SLABS
SPALLED SLABS
SETTLED WALK
VERTICALLY MISALIGNED SLABS
Definitions. As used in this section, the following terms
shall have the meanings indicated:
[Added 7-18-2000 by L.L.
No. 4-2000]
A temporary repair for sidewalk slabs that are heaved and deemed
to be potentially hazardous. These slabs will be replaced when working in
that area. Until replacement is possible, periodic inspections will be made
ensuring that the temporary repair is holding and no further heaving has taken
place.
Slabs which have:
A sidewalk in which there is a difference in elevation of 1 1/2
inch between a joint or a crack, in the slab or between slabs, or that a portion
of a sidewalk is so badly spalled, broken or deteriorated as to present a
tripping hazard. The existing surface shall be used in determining whether
or not a sidewalk is hazardous.
Walk slabs heaved 1 1/2 inches or more by tree roots. Walks
will be removed, roots cut and removed walk slabs replaced. Walk slabs will
be arched around larger trees as needed to protect the tree. Walk slabs heaved
less than 1 1/2 inches may be repaired by placing an asphalt wedge at
the offset joint. This will be a temporary repair.
One sidewalk slab in good condition located between two or more slabs
to be removed on either side. The good slab shall be replaced except if the
good slab abuts another structure such as a carriage walk, service walk or
steps.
Loose or spalled concrete which has resulted in surface irregularities
greater than 1/2 inch in depth relative to the sidewalk surface over more
than 1/4 of the sidewalk slab.
A sidewalk that has settlement of 1 1/2 inches or more over
a ten-foot span. The depth of settlement will be determined by measuring parallel
to the street on adjacent unsettled walk to the lowest point of the settled
walk. Settled walk will not be considered as hazardous or a problem if there
is drainage out of the settled area.
A difference of greater than 1 1/2 inch in elevation of adjacent
sidewalk slabs.
The Town Commissioner of Public Works/Superintendent of Highways shall
be authorized to enter upon private property for the purpose of removing trees,
limbs, branches or shrubs, plants, hedges and the like or trees which are
in such close proximity to the highway as to constitute a source of danger
to the users thereof. The Town Commissioner of Public Works/Superintendent
of Highways shall notify the owner or occupant of such premises by letter
addressed to the owner or occupant at the address appearing on the tax records
of the Town of Irondequoit of his or her intention to remove such tree or
limbs or branches or shrubs, plants, hedges and the like, and, upon the expiration
of 72 hours from the mailing of such notice, the Town Commissioner of Public
Works/Superintendent of Highways may remove such tree or branches or shrubs.
Nothing herein contained shall prevent the Town Commissioner of Public Works/Superintendent
of Highways from removing such trees or branches or limbs or shrubs, plants,
hedges or the like within a shorter period if conditions require it. Unless
the owner or occupant shall file objection with the Town Commissioner of Public
Works/Superintendent of Highways prior to the expiration of the time herein
provided, such owner or occupant shall have no claim of any kind against the
Town or Town Commissioner of Public Works/Superintendent of Highways in connection
with the removal of such trees, branches or limbs or shrubs, plants, hedges
or the like.[1]
[1]
Editor's Note: Former § 44.26, Deposit of dirt or similar
material prohibited, which immediately followed this section, was deleted
2-4-1997 by L.L. No. 1-1997. Such deposits are regulated under the State Vehicle
and Traffic Law.
No person shall injure, damage, deface or destroy any curb, sidewalk,
gutter, drainage pipes or appurtenances within or appurtenant to a street
or highway; nor shall any person operate construction machinery, tractors
with lugs or other machinery or vehicles upon any highway or over, upon or
across any curbs or sidewalks in such manner as to cause injury or damage
thereto.
The Town Commissioner of Public Works/Superintendent of Highways may,
with the consent of the Town Board, issue to any public service corporation
having facilities within the Town of Irondequoit a permit covering all operations
of such corporation within the Town, authorizing such public service corporation
to do any of the acts for which a permit is required hereunder in accordance
with the conditions of this article and such other and further conditions
as the Town Commissioner of Public Works/Superintendent of Highways or Town
Board may require.
No person shall use any public street, highway or public place in this
Town for political or other advertising purposes or otherwise by inscribing
or affixing names, signs or other writings, posters or drawings upon any of
such streets or highways or any improvements, trees or utility poles situated
in the right-of-way of such streets or highways; provided, however, that these
prohibitions shall not be construed to include any street, directional or
traffic signs or markings installed or erected by any governmental authority.
A.
Permit required. No person shall use any street or highway
within the Town of Irondequoit for any street dance, block party or similar
use or assemblage without obtaining a permit therefor from the Town Clerk.
B.
Permit application. The applicant shall state, in writing:
(1)
The name, address and age of the applicant.
(2)
The purpose of the permit.
(3)
The exact location and date and hours for which the permit
is requested.
(4)
Whether any previous application has been filed and,
if so, the date and disposition thereof.
(5)
Such other information as may be required by the Town
Clerk to determine the veracity or to clarify any of the prior statements
required in this section.
C.
Issuance of permit.
(1)
Upon receipt of the application, the Town Clerk shall
make his or her determination within a reasonable time. He or she may, however,
require notice of the application to be mailed to all residents directly affected
or within 200 feet of the portion of the street or highway to be used and
to afford each of them reasonable time not exceeding 10 days in which to comment
on said application, either for or against the same.
(2)
The Town Clerk may grant, deny or grant a permit modifying
the use requested as he or she deems necessary or appropriate to protect the
public health, safety and welfare and may require such conditions and safeguards
as in his or her opinion are necessary or appropriate to provide adequate
protection to the public and access to adjacent properties.
D.
Revocation of permit.
(1)
Whenever, in the opinion of the Town Clerk, there is
reasonable grounds to revoke any permit issued under this article, the Town
Clerk may do so by advising the permittee in writing or in person.
(2)
In case of an emergency or immediate threat to the public
health, safety or welfare, any police officer may summarily revoke any permit
granted under this section.
[Amended 2-4-1997 by L.L. No. 1-1997]
Any person violating any provision of this article shall be guilty of a Class B violation, punishable as provided in § 1-16 of this Code.
[Adopted 4-6-1978 as L.L.
No. 1-1978]
[Amended 2-4-1997 by L.L. No. 1-1997; 10-21-2003
by L.L. No. 12-2003]
No civil action shall be maintained against the Town of Irondequoit
or its Town Commissioner of Public Works/Superintendent of Highways for damages
or injuries to person or property sustained by reason of any highway, bridge,
culvert, street or sidewalk being defective, out of repair, unsafe, dangerous
or obstructed unless 48 hours' written notice of such defective, unsafe, dangerous
or obstructed condition of such highway, bridge, culvert, street or sidewalk
was actually given to the Town Clerk or Town Commissioner of Public Works/Superintendent
of Highways and there was a failure or neglect within a reasonable time after
the giving of such notice to repair or remove the defect, danger or obstruction
complained of; but no such action shall be maintained for damages or injuries
to person or property sustained solely in consequence of the existence of
snow or ice upon any highway, bridge, culvert or sidewalk unless 48 hours'
written notice thereof, specifying the particular place, was actually given
to the Town Clerk or Town Commissioner of Public Works/Superintendent of Highways
and there was a failure or neglect to cause such snow or ice to be removed
or to make the place otherwise reasonably safe within a reasonable time after
the receipt of such notice. All such written notices shall be indexed according
to the location of the alleged defective, unsafe, dangerous or obstructed
condition or the location of accumulated snow or ice.
The Town Commissioner of Public Works/Superintendent of Highways shall
transmit, in writing, to the Town Clerk within five days after the receipt
thereof all written notices received by him or her pursuant to this article
and Subdivision 2 of § 65-a of the Town Law, as amended or changed.
The Town Clerk shall cause all written notices received by him or her pursuant
to this article and Subdivision 2 of § 65-a of the Town Law, as
amended or changed, to be presented to the Town Board within five days of
the receipt thereof or at the next succeeding Town Board meeting, whichever
shall be sooner.
This article shall supersede in its application to the Town of Irondequoit
Subdivisions 1 and 3 of § 65-a of the Town Law, as amended or changed.
