[Adopted as Ch. III, Art. VIII, of the 1938 Code of Ordinances (Ch.
211, Art. IV, of the 1981 Code)]
No person shall erect or maintain any awning or marquee in or over any
part of any public place unless he first shall have obtained from the Board
of Trustees a license to do so.
No person shall erect or maintain any awning or marquee in or over any
part of any public place, the lowest point of which shall be less than 7 1/2
feet above the level of the sidewalk.
No person shall erect, install or maintain any pump or other apparatus
for the furnishing of gasoline, oil, water or air in any public place, unless
he first shall have obtained from the Board of Trustees a license to do so.
The license provided in § 308-23 hereof shall be issued upon such terms as the Board of Trustees shall determine for the protection of persons or property, and such terms shall be embodied in and form a part of such license.
[Added 11-30-1981 by L.L. No. 15-1981]
As used in this article, the following terms shall have the meanings
indicated:
Any structure made of cloth or metal or any other material with a
frame attached to a building and projecting over a thoroughfare, when the
same is so erected as to permit its being raised to a position flat against
the building when not in use.
Any hood or awning of permanent construction, made of metal, wood
or other rigid material, projecting from the wall of a building above an entrance
and extending over a thoroughfare, incapable of being folded back flat against
the building and not supported by a frame supported by the ground or sidewalk.
Should the person or persons charged fail or refuse to perform any or
all of the duties prescribed in this article, then the Board of Trustees shall
cause the omitted duty or duties to be performed and the expense thereof to
be assessed upon the land of the owner thus failing or refusing.
[Added 11-30-1981 by L.L. No. 15-1981]
A.
Any person committing an offense against any provision
of this article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this article shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this article.
