Whenever the words Director of Public Works
are mentioned in this ordinance, they shall be held to mean such director
or his authorized agent.
In the administration of this ordinance the
Director of Public Works shall receive all applications for and issue
the permits herein prescribed. He shall keep an account of all fees
received by him for permits issued hereunder and shall promptly pay
to the Town Treasurer, for the use of the town, all such fees so received
by him.
Until a building line is established in any
highway the property line thereon shall be the building line.
No building or any part thereof and no stoop,
piazza, step or steps, cornice or bay window, except temporary structures
authorized by the Building Inspector by written permit shall be erected
or placed extending towards the street beyond the building line.
No building or any part thereof, no step, fence,
stoop or other structure, except temporary structures, expressly authorized
by the Building Inspector, shall be erected in such place and manner
as to constitute an encroachment on any public street or highway in
the town.
The owner of any lot or land abutting upon a
highway, the surface of which lot or land is lower than the sidewalk
grade, shall, when ordered so to do by the Director of Public Works,
cause to be erected and maintained on the line of such lot adjoining
the street a suitable fence of rails, boards or other material to
render such sidewalk safe for pedestrians. The Director of Public
Works is authorized to erect such fence at the expense of the owner
when such owner neglects or refuses to construct the same within five
days after service upon him of such an order in writing by the Director
and the Board of Selectmen shall, if the cost thereof is not promptly
paid to the town, file a lien against the property of such owner for
the sum so expended with the same force and effect and subject to
enforcement and to the penalties as provided by law for liens for
taxes.
Any entrance or flight of steps which descends
immediately from or near the line of any public highway into any cellar
or to any lower level shall, unless such structure or flight of steps
is securely or safely covered, be guarded by a strong rail at least
three feet in height with an intermediate rail 18 inches above the
sidewalk grade on each side of such entrance or flight of steps and
also in front of such entrance or flight of steps a gate shall be
maintained at least three feet high above the sidewalk grade to open
outward and to be kept closed while not in use, or in lieu of such
gate two substantial chains, one at a height of 18 inches and the
other three feet above the sidewalk grade. Such covering, rail, guards
or chains shall be kept closed during the night unless there be maintained
over such entrance or steps a continuously burning light to insure
safe passage to the public.
No person shall leave open any trap door or
coal hole in any sidewalk or crosswalk in the town. Any person violating
any provision of this section shall be fined not more than $10 for
every such violation.
No sewage or waste water from building of any
kind shall be discharged into any gutter, street, sidewalk, roadway,
public place or into any waterway.
No person shall cause or allow any wash or the
outflow from any sink, privy vault or cesspool to flow in any manner
into any street or upon any sidewalk or other public place in the
town.
No owner or occupant of land adjoining any highway
in the Town shall drain any water from such land onto such highway
or into the gutter thereof; provided, however, that if there be any
convenient drains existing in such highway, the owner may, on application
to the Director of Public Works, receive a permit to pipe such water
to such drains.
Every person who shall place or deposit any salt brine, chemicals, glass, tacks or anything else that may cause injury to pavements, vehicles or vehicle tires on the traveled roadway of any highway in the Town shall be punished as provided in § 4-8 of this Code.
No person shall throw or place any fruit, except
when properly exposed for sale, or rind of the same upon any sidewalk
in the town.
[Amended 3-24-1964; effective 4-25-1964]
No person shall lay, throw, place or cause to
be laid, thrown or placed any snow or ice into any highway within
the town.
[1]
Editor's Note: Former § 54-15, Removal
of snow and ice from sidewalks required -- time limits, as amended
3-24-1964, effective 4-25-1964, was repealed 11-10-1993, effective
11-10-1993.
[Added 10-27-1964; effective 11-28-1964]
No sign, awning or other structure now extending
over any sidewalk accessible to the public shall be maintained unless
the lowest point thereof is at least seven feet above the sidewalk.
No new awning shall be erected without first obtaining a permit from
the Building Inspector. Prior to issuance, a fee of $5 shall be paid
to the Inspector for the use of the town.
No owner or occupant of any land within the
Town shall set out, maintain or allow to grow upon any such land adjoining
a highway in the Town any hedge, grass, trees, shrubs or other vegetation
in such a position as to extend over the sidewalk in any such highway
or interfere with the free use of any such sidewalk to its full width
by pedestrians. The owner or occupants of such land shall keep vegetation
growing upon their land trimmed back to the line between their land
and the highway, except the branches of trees or shrubs over eight
feet above the sidewalk may be allowed to extend out over the same.
No person shall place or maintain in any public
highway, street or sidewalk in the town, any water box or water cutoff,
the purpose of which is to control the turning on or off of the water
supply from the street pipes to adjacent buildings or property, unless
the top of such water box or water cutoff shall be on a level with
the established street or sidewalk grade at the place where such water
box or water cutoff is located.
[Amended 3-19-68; effective 4-19-68]
No owner or occupant of land shall erect, place
or maintain any fence, structure or object within the right-of-way
of a public highway, except mail- or newspaper boxes or name signs;
nor shall he plant or maintain any shrubbery, planting, tree or other
growth within the right-of-way of a public highway or upon any private
property in such a position or of such height, density or character
as to render traffic on or along any highway or any private roadway,
which is open to the public connecting with any highway, hazardous
or dangerous to persons having a right to the use of such highway
or private roadway. Such owner or occupant of land shall, upon written
notice from the Director of Public Works, remove such object or obstruction
within five days after receipt of such notice.
[Amended 3-24-959, effective 3-28-59; 9-17-68,
effective 10-19-68; 2-9-83, effective 2-25-83]
A.
Permit required; application and fee for permit; information
to be shown in application. Before any driveway which opens on or
into any highway or highway right-of-way, whether public or private,
shall be constructed and before the location or grade of any existing
driveway which opens on or into any such highway or highway right-of-way,
whether public or private, is altered, a permit therefor shall be
obtained from the Town Engineer. An application for such permit shall
be made to the Town Engineer upon a form provided for that purpose,
and a fee, in an amount fixed by the Board of Selectmen from time
to time, shall be paid to the Town Engineer for the use of the Town
with the filing of any such application. Such application form shall
make provision for the furnishing of the following information:
(1)
The name of the owner of record of the premises being
served or to be served by such driveway and the location of the premises.
(2)
A plot plan showing:
(a)
The location of the driveway in respect to the
property lines of the premises on which the driveway is located or
is to be located and to the highway lines within 100 feet of either
side thereof, together with the location of such driveway within the
highway right-of-way.
(b)
The proposed grades of the driveway at its intersection
with the traveled portion of the highway and at a point 20 feet therefrom.
(c)
The actual dimensions of the opening of the
driveway which is being constructed or reconstructed onto the highway
right-of-way.
(3)
The proposed disposition of stormwater from the driveway
and of stormwater accumulations on the traveled portion of the highway
within the highway right-of-way or in any of the gutters thereof as
the same may relate to such driveway.
B.
Minimum construction and reconstruction requirements.
No permit for the construction or reconstruction of any driveway shall
be issued unless the following minimum requirements are complied with:
(1)
It shall not interfere with the proper drainage of
the highway, it being understood that, if the grade of the highway
shall make it necessary, it may be required that the owner of the
premises to be served by such driveway shall install culverts of approved
design at his own cost and expense at approved locations.
(2)
The location and alignment of the driveway shall not
create a traffic hazard, danger or nuisance, and the view of the highway
at the point where such driveway opens onto the highway shall be unobstructed.
(3)
The grade of the driveway from its intersection with
the traveled portion of the highway and for a distance of 20 feet
therefrom shall not exceed 5%.
[Amended 9-16-1998, effective 9-24-1998]
(4)
If necessary to prevent road drainage from entering
the driveway, a berm shall be constructed and maintained at the approved
location by the owner of the premises served by such driveway.
(5)
All new driveways shall be paved with a minimum of
two inches of blacktop or equivalent in the area of the highway right-of-way
between the highway pavement and the property line.
C.
Conditions of permit. Any driveway permit issued under
the provisions of this section or any driveway permit issued under
any prior bylaw or ordinance of the Town is subject at all times to
the following conditions:
(1)
The Town or the owner of the right-of-way in which
the highway is located shall have the right, at any time, to extend
the width of the traveled way or to change the grade of any portion
thereof, to change the manner of disposal of stormwater or to make
any other improvements in the highway and, if a driveway is affected
thereby, there shall be no obligation on the part of the Town or of
the owner of the right-of-way to reimburse the owner of the premises
served by such driveway, and such owner shall be liable for the cost
of any reconstruction work on such driveway made necessary by reason
thereof.
(2)
Such driveway or driveway opening shall not disturb
or interfere with the pavement or finish of the traveled portion of
the highway.
(3)
Such driveway permit may be revoked by the Town Engineer
at any time if the requirements of the permit are not met.
(4)
When a driveway permit is issued in conjunction with
a building permit, no certificate of occupancy shall be issued until
the construction of such driveway shall comply with all of the requirements
of the permit.
D.
Variances. The Board of Building Appeals may vary
the strict application of this section if there shall be difficulty
or unreasonable hardship in carrying out the same, provided that the
spirit thereof shall be observed and the public safety and welfare
are secured.
No person shall play at football or any game
of ball or quoits or throw any stones, snowballs or any other thing
liable to injure any person within any of the public highways or public
places in the town.
[Amended 9-13-1995, effective 9-13-1995]
A.
No person shall ride any bicycle or tricycle or travel
upon or use in any way any roller skates, in-line skates, skateboard
or any similar device upon any sidewalk of the Town within the Business
and Retail Zones as defined in the town's Zoning Regulations.[1]
B.
The penalty for each violation of this section shall
be a fine of $25.
A.
No person shall coast or sled upon any public highway
or public place or sidewalk in the town, except such public highway,
public square or sidewalk that has been set aside and designated by
the Board of Selectmen for such purposes.
B.
The penalty for each violation of this section shall
be a fine of not more than $10.
No person shall shoot with a slingshot or use
a bow and arrow or fly any kite in any public highway or public place
in the town.
[Amended 6-4-68, effective 7-6-68]
No person shall loiter or loaf upon any highway,
public street, bridge or sidewalk in the Town or upon any fence or
other structure adjacent to any street or sidewalk in the town, or
in any public building, on any area used by the Town for the public
parking of motor vehicles, or upon any grounds belonging to or leased
by the Town of New Canaan, except that nothing in this section shall
be construed as prohibiting the normal use of such facilities as public
parks, playgrounds or other facilities which are intended for the
recreation and enjoyment of the public during the hours when such
facilities are declared to be open for such use.
No person shall collect in crowds or groups
on any of the sidewalks or crosswalks in the Town in such a manner
as to obstruct free passage of any person. It shall be the duty of
any member of the police force of the Town to direct any and all persons
collected as aforesaid to immediately disperse, and such policeman
shall forthwith, arrest any and all persons who shall neglect or refuse
to comply with such direction and commit him or them to the lockup
to be proceeded against according to law.
No person shall persist in playing upon any
hand organ, drum or other musical instrument in any street or public
place in the Town after being notified by any policeman of the Town
to desist.
A.
All street parades and processions bearing banners,
accompanied with music or any disturbing sounds, except parades of
the National Guard, Police and Fire Departments and funeral processions,
are prohibited, unless permission therefor is first obtained as hereinafter
provided.
B.
The Board of Selectmen may issue a permit under such
restriction as it may deem proper for any street parade or procession,
which permit shall be in writing.
C.
No commercial filming shall be conducted on any public
highway or in any public place unless a permit has been issued therefor
by the Board of Selectmen, in writing, under such restrictions as
it may deem proper, and provided that the filming will not inconvenience
the general public or hinder any business in town, and further subject
to payment of a fee of $50 or, if extensive, a fee as established
by special review committee, and the hiring of any necessary special
police.
[Added 3-19-68, effective 4-19-68; amended
6-7-83, effective 9-1-83]
Every person who shall extinguish any public
light of the Town shall be punished as provided in this Code.[1]
The provisions of the General Statutes of the
state, as amended, prescribing weights, dimensions and speed of vehicles
and the weights ad dimensions of other objects moved or operated over
or upon highways and bridges controlled by the state are hereby referred
to and incorporated herein by reference and are hereby made applicable
to highways and bridges of the town.
[Added 7-29-59; effective 9-5-59]
No merchant shall display or advertise any merchandise in any public place owned by the Town of New Canaan or on any sidewalk which is located within any street or highway line, between the building line and the street or highway line or on any sidewalk owned by the town, except that food may be displayed in accordance with the provisions of § 29-16 of this Code and except that this section shall not apply to peddlers licensed or exempted from licensing as provided by Chapter 43 of this Code.
[Added 11-30-59; effective 1-2-60]
No person shall make repairs to any vehicles
in any street, highway or public place, except repairs of an emergency
nature, nor shall any person install new equipment to or on any vehicles
in any street, highway or public place.
