[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 7-17-1996 by L.L. No. 14-1996. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Those roads constructed, improved, maintained and repaired
under Article 6 of the Highway Law and roads constructed or improved
under a general or special law which are maintained by the county.
Includes individuals, copartnerships, corporations and incorporated
and joint-stock associations.
That paved portion of a street intended for pedestrian use
and lying between the curbline of the street and the adjacent property
line.
Those highways constructed or improved under the Highway
Law at the sole expense of the state, including the highways specified
and described in §§ 340 and 341 of the Highway Law
and acts amendatory thereof, including the highways heretofore classified
or referred to as county highways elsewhere in the Highway Law and
heretofore constructed or improved at the joint expense of the state,
county and Town or state and county, as heretofore provided by law.
Any street, road or other public way dedicated to and accepted
by the Town, including all the area thereof lying within the bounds
of the dedicated right-of-way.
The unincorporated section of the Town of Mamaroneck.
Those highways constructed, improved or maintained by the
Town with the aid of the state or county, under the provisions of
the Highway Law, including all highways in towns, outside of incorporated
villages constituting separate road districts which are not state
highways or county roads, as defined in this section.
The Town Superintendent of Highways.
Every device by which any person or property is or may be
transported or drawn upon the street.
A.
The Town Board of the Town of Mamaroneck may, by resolution,
direct the Town Superintendent to construct a sidewalk along a described
portion of any county road or state highway in the manner and not
exceeding an expense to be specified in the resolution, and the expense
of constructing such sidewalk shall be a Town charge and shall be
paid in the same manner as other Town charges.
B.
No such sidewalks shall be built along any state highway
until the State Superintendent of Public Works shall have given his
consent thereto, pursuant to § 54 of the Highway Law, and
no such sidewalk shall be built along any county road until the County
Superintendent of Highways shall have given his consent thereto, pursuant
to § 136 of the Highway Law.
Any property owner, after applying for and receiving
a permit, may construct a sidewalk or curb on Town property or may
build a drain from any structure, enclosure or lot of ground at his
own expense. Before the owner may proceed with the work, the Town
Engineer shall establish proper grades and the same shall be followed
in laying such sidewalk, curb or drain. The width, materials and construction
of such sidewalks, curbs and drains shall fully conform to standard
specifications for such work. No drainage piping shall be allowed
to discharge onto the surface of any public right-of-way.
No person or corporation shall have the right
to make any opening in any street or highway, including any sidewalk
or curb, and all such openings in streets, sidewalks or curbs must
be made under the supervision of the Superintendent of Highways and
by employees working under him, except as hereinafter provided.
[Amended 8-17-2011 by L.L. No. 8-2011]
Any individual, corporation, public service corporation or any municipal board or body which is required to maintain substructures in any street or highway, desiring to make or to have made an opening in a street or highway, must make written application for the same, addressed to the Superintendent of Highways. The Superintendent of Highways, except in the case of a public service corporation or municipal board or body required to maintain such substructures in any street or highway, shall have the discretion whether the opening shall be made by Town employees or may be made by the applicant. An application for a permit must be accompanied by the fee set forth in § A250-1, made payable to the Superintendent of Highways.
A.
If the street opening is to be made by a person or
corporation other than a municipal or public service corporation,
the Town Superintendent of Highways may grant a permit for such street
opening and make such conditions for the granting of such permit as
he considers necessary under the circumstances, including a condition
that such person or corporation shall furnish to the Town of Mamaroneck
a surety bond in an amount approved by him and in such form as may
be approved by the Counsel to the Town, issued by a casualty or indemnity
insurance company, which bond shall indemnify the Town against all
liability and expense by reason of any act or omission in and about
the opening of such street. In every case where the Superintendent
of Highways issues a permit for the opening of a street or highway,
he shall require the applicant for the permit to obtain proper public
liability insurance for himself, his contractors, agents or servants,
protecting the Town and its Superintendent of Highways against any
claim for injury to person or property occasioned by the opening of
such street.
B.
In the case of a public service corporation or municipal
board or body which is required to maintain substructures in any street
or highway, the Counsel to the Town, in lieu of a bond, may accept
and approve an indemnity agreement between the Town and such public
service corporation, municipal board or body which is required to
maintain substructures in any street or highway or liability insurance
protecting the Town and its Superintendent of Highways against all
liability or expense of whatever kind or nature, by reason of any
act or omission of such public service corporation, municipal board
or body.
All openings in highways shall be properly guarded
and shall, between sundown and sunrise, be plainly lighted with red
or yellow lights.
When the work is not done by Town employees,
every applicant obtaining a permit to open a highway shall be solely
responsible for the protection and functioning of all drains, sewers,
basins, gas, water pipes, telephone and electric wires and conduits.
The surface of the highway opened shall be restored
to as good condition as previous to the excavation.
No person shall deposit any article, material or refuse or in any manner obstruct the highway or any part thereof except as provided in § 187-11 of this chapter. Nor shall they pipe a sump pump, roof or footing drains or other water source directly onto or directed from a point source towards or onto the streets, sidewalks or rights-of-way.
No building material shall be placed upon any
highway without a permit for the Superintendent of Highways. Such
permit shall be for a period no longer than three months and shall
not authorize the obstruction of any sidewalk or gutter or of more
than one-third (1/3) of the roadway immediately opposite the lot upon
which the building is to be erected and shall be revocable for cause
by the Town Board. The holder of such permit shall so guard such material
with red lights at night as to avoid accidents. Upon revocation of
such permit, all materials deposited pursuant to such permit shall
be removed within 48 hours and the highway restored to its original
condition.
No vehicle shall be driven across any sidewalk
or curb except at graded crossings in existence and such as may be
hereafter constructed without a temporary permit from the Superintendent
of Highways. The applicant for such a permit shall deposit with the
Superintendent of Highways such sum as is considered by the Superintendent
of Highways sufficient to indemnify the Town of Mamaroneck against
any damage to the sidewalk or curb but not less than $100.
Every owner, lessee, tenant, occupant or other
person having charge or control of any building or lot of land abutting
upon any street or public place where the sidewalk is flagged, concreted
or otherwise paved or laid shall, within 24 hours after the snow ceases
to fall, remove the snow and ice from such sidewalk so as to provide
a continuous passageway. In case the snow and ice on the sidewalk
shall be frozen so hard that it cannot be removed without injury to
the pavement, the owner, lessee, tenant, occupant or other person
hereby charged with the duty to remove the same shall, within the
time specified above, cause the sidewalk to be strewn with ashes,
sand and/or some other abrasive substance and, thereafter as the weather
shall permit, shall thoroughly clean said sidewalk.
A.
This chapter shall not apply to the opening of streets
or highways for the purpose of making sewer house connections which
are covered by the provisions of resolution or ordinance adopted by
the Town Board, August 18, 1936, and amended April 23, 1947, pursuant
to the provisions of § 201 of the Town Law.[1]
B.
This chapter supersedes the provisions of § 151
of the Highway Law as it relates to the construction and maintenance
of sidewalks along county roads and state highways as they apply to
the Town of Mamaroneck, Westchester County, State of New York.
[Amended 12-1-2021 by L.L. No. 17-2021]
A.
Any person who violates any section of this chapter, other than § 187-13, shall be guilty of an offense and upon conviction shall be punished with a fine of not less than $100 and not more than $500.
B.
Any person violating § 187-13 shall be guilty of an offense and upon conviction shall be punished as follows:
(1)
For
the first offense between July 1 of any year and June 30 of the immediately
following year, with a fine of not less than $50 and not more than
$250,
(2)
For
a second offense between July 1 of any year and June 30 of the immediately
following year, with a fine of not less than $75 and not more than
$500, and
(3)
For
additional offenses between July 1 of any year and June 30 of the
immediately following year, with a fine of not less than $100 and
not more than $750.
C.
In addition to the fines set forth above, any person violating § 187-13 shall be subject to a civil penalty of not less than $10 and not more than $25 for each offense.
D.
Every
day or part thereof that a violation of any section of this chapter
shall continue shall be deemed to be a separate and distinct violation
of such section or sections and shall constitute a separate offense.
