It shall be unlawful for any person or corporation or business entity to permit the erection or construction of a structurally rigid, fixed-position awning or sunshade or any type of canopy or marquee or other ornamental, rooflike covering over any public sidewalk or drive or over any private sidewalk or drive leading to a public way in the Village where the same is visible from any public street. Nevertheless, it shall be permitted to erect or construct a permanently fixed roll-type fabric awning situated over any sidewalk or drive in the Village, provided that approval is granted by the Village Planning Board and a permit therefor is obtained from Code Enforcement Officer. The fee for such permit shall be as set forth from time to time by resolution of the Board of Trustees. No permit shall be issued pursuant to this section for any awning or sunshade which does not conform to the following requirements:
A. 
All such awnings or sunshades shall be at all times at least eight feet above the sidewalk or drive.
B. 
The color and texture of any such roll-type awning must first receive a certificate of appropriateness by the Architectural Preservation Review Board of the Village of Victor, New York. See § 50-5.
C. 
All such awnings or sunshades shall not extend more than six feet into or over the walk, under a penalty as set forth in § 139-9 below for each day it shall be so kept after notice to remove the same.
Any person violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine not to exceed $250 or imprisonment for a term not to exceed 15 days, or both, for each violation thereof.