[Adopted 2-13-1996 by L.L. No. 1-1996]
It shall be the duty of the owner and occupant
of every property adjoining a public sidewalk, jointly and severally,
to keep the sidewalks adjoining such property free from snow, ice,
dirt, litter and other substances, materials and obstructions. The
owner and occupant shall be responsible for keeping any and all trash
cans located in front of their premises empty and replacing said trash
cans with new trash bags as needed. This article is applicable whether
the property is improved by a structure or not.
A.Â
Sidewalks in front of commercial establishments, commercial
parking lots and in business districts shall be kept free of snow,
ice, dirt, litter and other substances, materials and obstructions
at all times between the hours of 8:00 a.m. and 6:00 p.m. In no event
shall any substance or material remain on a public sidewalk for 12
hours after the event which caused it ceases.
B.Â
If an owner and/or occupant shall fail to remove any snow, ice, dirt, litter or other substances, materials or obstructions for any reason, the Superintendent of Highways may demand compliance by said owner and/or occupant. The person upon whom such a demand is made has two hours in which to comply. If compliance is not forthcoming, the Town may proceed to clear the sidewalk and charge the expense for the same to the owner and occupant pursuant to § 195-36 of this article.
If the snow and/or ice on any sidewalk shall
be frozen such that it cannot be removed without injury to the sidewalk,
such owner and occupant may, within the time specified in the preceding
section, cause such sidewalk to be strewn with ice melt, sand, ashes,
sawdust or other suitable substance so as to make the sidewalks safe
for passage of the public. As soon as practicable thereafter, the
owner and occupant shall completely clear the sidewalk of snow, ice
and other materials strewn thereon, as provided herein. In no event
may the owner and occupant use any substance that may cause damage
and/or deterioration to the sidewalk or which is not approved for
use by the Highway Superintendent.
A.Â
Upon the failure of an owner and/or occupant to comply with the provisions of §§ 195-33, 195-34 and/or 195-35 of this article, the Superintendent of Highways may cause such snow, ice, dirt, litter or other substances, materials or obstructions to be removed or covered with suitable material. The Superintendent of Highways shall forthwith file a report of the cost or expenses thereof with the Town Clerk.
B.Â
The Town Clerk shall promptly present to the owner
and/or occupant of the property a bill for the services of the Superintendent
of Highways. If payment is not made within 30 days of presentation
of the bill to the owner and/or occupant, that charge shall become
a lien upon the premises benefitted thereby until paid, pursuant to
Town Law § 130, Subdivision 4.
A.Â
No vehicle repairs or maintenance shall be made on
any public property including public streets, sidewalks and parking
lots. Repairs and maintenance shall include, but not be limited to,
changing the oil and washing or polishing vehicles.
A.Â
Affixing signs, posters, flyers, leaflets, advertisements
and/or other literature to light fixtures, trash receptacles or benches
is prohibited.
B.Â
In addition, no signs, posters, flyers, leaflets,
advertisements and/or other literature shall be placed on vehicles
or automobiles parked either on public streets or in public parking
lots.
A.Â
Any person committing an offense against any provision of this article VII shall be guilty of a violation, liable to a fine for a first violation not to exceed $250; for a second violation within five years, a minimum fine of $350 and a maximum fine of $700; and for a third or subsequent violation within five years, a minimum fine of $700 and a maximum fine of $1,000, or by imprisonment for a period not to exceed six months, or both.
B.Â
Each day's continued violation thereof shall constitute
a separate and distinct violation.