[Adopted 10-14-1924 as Secs. 3 through 16 of Art. 2 of
the General Ordinances and Secs. 24 and 26 of Art 6 of the General
Ordinances]
[Amended 2-5-2007 by L.L. No. 11-2007]
Any person who shall place or cause to be placed
any stone, brick, boards, plank, timber, lumber, or other materials
for building in or upon any street, alley, public square or public
place in the Village without a written permit from the Village Clerk
shall be liable to pay to the Village a penalty of $100 for the first
24 hours the same shall remain in such alley or public square without
written permission and shall be liable to the Village for a penalty
of $200 for each and every twenty-four-hour period thereafter. The
Building Department/Inspector may give permission, in writing, to
any person to place and keep building material to be used for the
purpose of building in any of the streets, alleys, public squares
or public places of the Village in front of the lot or place where
the structure is proposed to be erected, provided that such permission
shall not be for a longer period than three months, nor shall such
permission authorize the obstruction of any sidewalks or gutters nor
more than 1/2 of the carriageway of the street in front of such lot
or place. Any such permit may be revoked by the Village Clerk or Board
of Trustees. Every person obtaining such a permit shall place proper
barriers at each end of the sidewalk in front of the premises on which
such building is being done and remove such barriers and keep the
passageway and sidewalk free and clear during the hours when work
is not actually in progress and cause all materials and the rubbish
accumulated to be removed from the street, alley or public square
as soon as the work upon the structure shall have been completed or
the permission granted shall have expired or have been revoked, and,
upon his neglecting or refusing so to do, he shall be liable to pay
to the Village a penalty of $100 for the first 24 hours the same shall
remain after said permit shall have expired or after being notified
that such permit has been revoked and $200 for each and every subsequent
twenty-four-hour period that elapses thereafter.
A.
No person shall injure or tear up any street or crosswalk
nor shall any person dig any hole or trench in any street, except
to connect with the sewer, without first obtaining the consent of
the Street Commissioner, in writing; and any person who shall tear
up the payment of any street or dig any hole or trench in any street
shall restore such street and pavement to as good condition as it
was before and shall keep and maintain the same in such good condition
for the period of six months thereafter; and such pavement shall be
relaid and such hole or trench shall be refilled under the direction
of and to the satisfaction of the Street Commissioner.
B.
Any person violating any of the provisions of this
section shall be guilty of a misdemeanor.
[Amended 2-5-2007 by L.L. No. 12-2007]
Any person who shall sweep, throw or deposit
or cause to be swept, thrown or deposited any ashes, dirt, stone,
brick, straw, grass, hay, weeds, chips, shavings or rubbish of any
kind or any slops in any street, lane, gutter or public place or any
garbage in any canal or on any sidewalk in the Village shall be liable
to pay to the Village a penalty of $100 for the first offense and
$250 for each and every subsequent violation of this section.
Any person or persons who shall erect or cause
to be erected any fence in front of his premises which shall in any
manner encroach upon the boundaries of any street in the Village shall
be liable to pay to the Village a penalty of $25 for each offense
and every person whose fence heretofore erected now encroaches upon
the boundaries of any street, alley or public square shall be subject
to the penalty provided in this section upon his refusing or neglecting
to remove the same and shall also be liable to pay to the Village
a penalty of $5 for each day maintained thereafter, and upon such
neglect or refusal, it shall be the duty of the Village Engineer to
move said fence, under the direction of the Board of Trustees, and
all expenses of said removal shall be paid by and collected from said
offender.
Any person who shall, without permission from
the Street Commissioner, dig, remove or carry away any stone, earth,
sand or gravel from any street, lane or public place in this Village
shall be liable to pay to the Village a penalty of $25 for each offense.
Any person or persons who shall hereafter erect
or cause to be erected any building or other fixture or place any
encumbrance in or upon or which shall project into or over the line
of any public square, street or alley within the boundaries of the
Village without first securing permission from the Board of Trustees
shall be liable to pay to the Village a penalty of $25 for each offense
and a further penalty of $25 for every 24 hours such building, fixture
or encumbrance shall remain in or upon such public square, street
or alley after written notice to remove the same shall have been given
by the Board of Trustees.
[Amended 2-5-2007 by L.L. No. 13-2007]
Every person who shall obstruct, occupy or use
any part of any street, walk, lane, public square or other public
grounds or gutter, sewer, drain, brook, watercourse or public walk
in any other manner or for any other purpose than is authorized by
law or is expressly permitted by the ordinances of the Village shall,
in cases not specifically provided for by the ordinances, be liable
to pay to the Village a penalty of $100 for the first offense and
$250 for each and every subsequent offense.
[Amended 8-4-2003 by L.L. No. 3-2003; 2-5-2007 by L.L. No. 14-2007]
A.
Every owner or occupant of premises within the Village
of Menands shall keep the shade and ornamental trees, bushes and plantings
in the public streets in front of said premises trimmed so that the
branches thereof shall not be lower than eight feet from the surface
of the ground and so as not in any manner to interfere with or obstruct
the light from or impede the public travel on any of said streets
or sidewalks thereof. No poplar trees shall hereafter be planted within
100 feet of the street line. Every person who shall offend against
the provisions of this section shall be liable to pay to the Village
a penalty of $100 for the first offense and shall be liable to pay
a penalty not to exceed $250 for each and every subsequent violation
of this section in addition to any expenses incurred by the Village.
The planting of all trees on streets hereafter shall be on the true
line and under the direction of the Planning Board.
B.
All premises and immediate exterior property shall
be maintained free from weeds or plant growth in excess of 10 inches
(254 mm). All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs; provided, however, this term shall not include cultivated
flowers, ornamental grasses and gardens.
C.
Upon failure of the owner or agent having charge of
property to cut and destroy weeds after service of a notice of violation
by the Village Code Enforcement Officer, he or she shall be subject
to prosecution and, upon conviction thereof, be punishable by a fine
of not more than $100 for the first offense and by a fine of not more
than $250 for each and every subsequent offense. Upon failure to comply
with the notice of violation, any duly authorized employee of the
Village or contractor hired by the Village shall be authorized to
enter upon the property in violation and cut and/or destroy the weeds
growing thereon, and the costs of such removal shall be billed to
and paid by the owner or agent responsible for the property within
30 days of the billing date. Unpaid costs shall constitute a lien
upon the real property. The lien shall be prior to and superior to
every other lien or claim except the lien of an existing tax, assessment
or other lawful charge imposed by or for the state or a political
subdivision or district thereof.
It shall be unlawful for any persons to haul
or transport or cause to be hauled or transported over or through
any of the streets in the Village any gravel, stone, sand, dirt, offal,
manure, rubbish, shavings, sawdust, lime or other loose material or
substance in any wagon or other vehicle which is not so constructed
as to prevent the material with which it may be loaded from dropping,
sifting through or in any manner being strewn upon said streets nor
shall any person remove or cause to be removed any vehicle through
or upon any of the streets of the Village containing any of the material
herein named and placed on any such vehicle upon any of said streets.
Any person violating any of the foregoing provisions of this section
shall be liable to pay to the Village a penalty of $5 for each violation.
Any person who shall extinguish, destroy or
remove any barrier placed in or adjacent to any street, alley or public
grounds of the Village as a warning of danger where an excavation
has been made or where building material, dirt or other material has
been placed or remains, whether said signal light has been placed
by an officer of or contractor with the Village or by any other person,
shall be guilty of a misdemeanor.
No telegraph company, telephone company, electric
lighting company, gas company or other corporation or person shall
erect any pole in or upon any of the streets, sidewalks, public squares
or public places of the Village or extend any wire for telegraph,
telephone or other purposes in, along or across any street or public
square of a said Village until permission so to do has been obtained
by resolution of the Board of Trustees of said Village; such permission
to be obtained by filing an application therefor, in writing, signed
and acknowledged by the person or corporation requesting the same.
All work done in erecting all poles and stringing all wires and the
erection of the same shall be according to plans and in a manner to
be approved by the Board of Trustees and shall not be done without
first obtaining such approval. The Board of Trustees may require that
a bond be given by any such person, corporation or partnership to
indemnify the Village against all judgments, loss or damage which
may be obtained against or sustained by said Village in any way by
reason of location, erection or maintenance of such poles and wires.
Any company, corporation or person violating any provision of this
section shall be liable to pay to the Village a penalty of $100 for
each and every offense.
No person or persons shall, at any time, move
any building or part of a building through or upon any of the public
streets, alleys or lanes in the Village unless by permission, in writing,
of the Board of Trustees. Any person or persons violating any of the
provisions of this section shall be liable to pay to the Village a
penalty of $25 for each violation. Every applicant for the removal
of any building through or upon any of the streets, lanes or alleys
of the Village shall be required to set forth in his petition to the
Board of Trustees for permission to remove such building the name
of the street or streets which he expects to move such building through
or along and the places from and to which he intends to remove the
same, petition shall be duly verified before the Board of Trustees
shall act thereon.
[Amended 2-5-2007 by L.L. No. 15-2007]
Any person who, with fraudulent or unlawful
intent to alter the pitch, grade or level of any street, lane, alley,
square, sidewalk or crosswalk, shall remove, alter, pull up or deface
any post or stake or mark or cause the same to be done, which post
or stake or mark has been fixed or placed there by the Village Engineer,
or other agents on behalf of the Village of Menands, shall be liable
to pay the Village a penalty of $250 for the first offense and shall
be liable to pay a penalty of $500 for each and every subsequent offense
in addition to any expenses incurred by the Village.
No person shall use or occupy any sidewalk,
street or alley within the Village for the purpose of a huckster's
stand or as a place for vending any fruits, nuts or other articles
of merchandise or as a stand for blacking shoes or engage in any other
business upon such sidewalk, street or alley without a permit or license,
in writing, granted by the Mayor. Any person violating any of the
provisions of this section shall be guilty of a misdemeanor.
No person shall carry or convey any dead animal
or animals through or upon any of the streets, lanes or alleys of
the Village in the daytime, unless the same are so carried and conveyed
on a cart, truck or wagon and covered so that no part of the same
be exposed to view. Any person violating the provisions of this section
shall be liable to pay to the Village a penalty of $10 for each violation.
It shall not be lawful for any person to sprinkle
salt upon or along any of the sidewalks or streets or highways of
the Village of Menands, and any person violating the provisions of
this section is hereby declared guilty of a misdemeanor.
