Chapter 19, STREETS AND SIDEWALKS

ARTICLE I. IN GENERAL

§ 19-1. Offensive liquids on streets prohibited.

It shall be unlawful for any person to allow any swill, slops or malodorous or noxious liquids to run, drip or fall into or upon any street, highway, alley, sidewalk, park, lake, stream or other public place.EN (Ord. No. 15, § 1, 3-30-1931; Ord. of 12-13-1965)

§ 19-2. Substances injurious to pavements or dangerous to traffic.

It shall be unlawful for any person to spill, pour, place or deposit or allow to drip, fall or run upon the pavement or sidewalk of any street, alley or other public place any brine, chemical, oil, grease or other liquid or substance which will tend to disintegrate the pavement or make it slippery or otherwise dangerous for pedestrians, horses or vehicles. (Ord. No. 15, § 2, 3-30-1931; Ord. of 12-13-1965)

§ 19-3. Beating carpets, rugs and mats.

It shall be unlawful for any person to beat, sweep or dust or cause to be beaten, swept or dusted or permit any servant, agent or employee to beat, sweep or dust any rug, carpet or mat in or upon any street, sidewalk, alley or other public place. (Ord. No. 15, § 3, 3-30-1931; Ord. of 12-13-1965)

§ 19-4. Glass, china or other substances.

It shall be unlawful for any person to place or cause or permit to be placed or cause or allow to remain in or upon the surface of any street, highway, sidewalk, alley or other public place any glass, china, nails, tacks or any other sharp or penetrating substance. (Ord. No. 15, § 4, 3-30-1931; Ord. of 12-13-1965)

§ 19-5. Fruit skins.

It shall be unlawful for any person to cast, throw or deposit on any sidewalk or crosswalk or in any street or public place any part or portion of any fruit or vegetable or other substance which, when stepped upon by anyone, may or does cause him or her to slip or fall. (Ord. No. 15, § 5, 3-30-1931; Ord. of 12-13-1965)

§ 19-6. Obstructing sewers and drains.EN

(a) It shall be unlawful for any person to throw or deposit or cause to be thrown or deposited into any drain, catch basin, sewer or gutter any substances which may cause an obstruction or injury thereto or nuisance therein.

(b) It shall be also unlawful for any person to divert or stop the flow of any drain or sewer. (Ord. No. 15, § 6, 3-30-1931; Ord. of 12-13-1965)

§ 19-7. Use of sidewalks generally.

It shall be unlawful for any person to permit or suffer to be stored, piled, deposited, erected, kept or placed upon any sidewalk in the village any rubbish, wood, coal, boxes, barrels, stone, brick, lumber, dirt, merchandise, shipping cases, stand, stall, booth, showcase or other obstruction of any kind except as provided in this chapter or otherwise provided by law or ordinance. (Ord. No. 19, § 1, 3-30-1931)

§ 19-8. Use of sidewalks for display of merchandise.

(a) It shall be unlawful for any person to place or set out for exhibition any goods, wares or merchandise directly connected with the business, store or building owned, controlled or occupied by him for a distance of not more than two feet from such store or building and not to exceed a height of more than three feet from the level of the pavement.

(b) All foodstuffs, when displayed as above provided, shall be at least two feet above the level of the sidewalk and properly protected from flies, dust and dirt. (Ord. No. 19, § 2, 3-30-1931)

§ 19-9. Suspending merchandise in streets.

(a) It shall be unlawful for any person to hang out or suspend over any street any goods, wares or merchandise in front of his store, house or other building at a greater distance therefrom than two feet or at a greater height than four feet from the level of the sidewalk.

(b) All such Articles so hung or suspended must be so fastened as not to swing over the street or sidewalk beyond the said two feet. (Ord. No. 19, § 3, 3-30-1931)

§ 19-10. Exposing merchandise from balcony.

It shall be unlawful for any person to place or expose or cause, permit or suffer to be placed or exposed to show or for sale any goods, wares or merchandise upon or from any balcony. (Ord. No. 19, § 4, 3-30-1931)

§ 19-11. Carcass hanging over sidewalks.

It shall be unlawful for any person to hang up or keep or cause, permit or suffer to be hung up or kept the carcass of any animal, or any part thereof, for exhibition or sale or any purpose in, upon or over any sidewalk. (Ord. No. 19, § 5, 3-30-1931)

§ 19-12. Receiving merchandise through opening in streets.

It shall be unlawful for any person to receive or deliver or to cause or permit to be received or delivered any goods, wares or merchandise through any trap or opening in or upon any street or sidewalk between the hours of 8:00 p.m. and 6:00 a.m. of any day. (Ord. No. 19, § 6, 3-30-1931)

§ 19-13. Receiving or delivering goods.

A person may place or keep any goods, wares, merchandise, baggage or any articles of personal property which he may be receiving or delivering and may unpack and remove the contents of any box, barrel or other receptacle, only on that part of any sidewalk next to the curbline not exceeding four feet in width and only in front of the store or building he owns, controls or occupies, but such goods, wares or merchandise shall not remain on such part of the sidewalk longer than two hours at any other time. (Ord. No. 19, § 7, 3-30-1931)

§ 19-14. Erection of poles or wires on or over streets.

(a) No person, not otherwise authorized by law to do so, shall erect or maintain on or over any street or sidewalk any telegraph, telephone, electric light or other poles or string wires or hang or swing banners, placards or flags in, over or upon any street, sidewalk or public place without a permit from the Board of Trustees.

(b) All telephone, telegraph, electric light or electric power poles, where the same are located upon the public highway, shall be distinctly and legibly marked with the name or initial of the owner or owners of said poles.

(c) Penalty. Any person who himself or itself or by his or its agent or employee shall violate any of the provisions of this section shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and, in addition, such violation shall constitute disorderly conduct and the person guilty of such violation shall be a disorderly person. (Ord. No. 21, §§ 1, 2, 3-30-1931)

§ 19-15. Maintenance of sidewalks and erection of safeguards along lines of streets.

(a) Every owner and occupant of lots abutting on streets is hereby required to keep the sidewalks in front of said premises in safe condition for public travel, and the owners of the property fronting on streets are hereby required to provide barricades or safeguards along the line of such streets at all points where such barricades or safeguards are necessary for public safety.

(b) The Street Commissioner shall from time to time inspect the streets of the village and shall determine:

(1) Such sidewalks as may require repair or reconstruction in order to be placed in a safe condition for public travel; and

(2) Such points along the lines of the streets of the village where barriers or safeguards are necessary to be erected in order to protect the public from danger.

(c) The Street Commissioner shall send notice in writing by registered mail to the occupant or owner of the abutting property, stating the particular work to be done hereunder and the specifications thereof, and such work shall be performed with respect to sidewalks by the owner or occupant to whom such notice is mailed and with respect to barriers or safeguards by the owner to whom such notice is mailed within seven days after the date of mailing of such notice. Any occupant or owner who deems such notice to be improper or unreasonable may, prior to the expiration of such seven-day period, serve notice in writing upon the Village Clerk of his intention to appeal from said notice to repair to the Board of Trustees of the village. The Board of Trustees shall meet as soon as practicable to hear such appeal. Such notice of appeal shall suspend the operation of said notice to repair until the next meeting of the Board of Trustees. The said appellant shall be advised by the Village Clerk of the date, time and place of said meeting, at which meeting said appellant may appear with counsel and present written objections to the notice to repair. At such meeting, the Board of Trustees may cancel, affirm or modify such notice to repair or may extend the period of compliance. Such owner or occupant shall comply with such notice to repair as modified by the Board of Trustees, if so modified, within three days from the date of the order of the Board of Trustees upon his appeal, or within such additional period as may be determined by the Board as reasonable under the circumstances.

(d) All sidewalks requiring repair pursuant to this section shall be so constructed as to lay on a minimum cross-slope of one-fourth (1/4) inch per foot commencing at the top of established curb grade. The running slope of walk shall follow the established street grade. Forms for concrete walk shall be inspected and approved by the Street Commissioner before concrete is poured.

(e) For the purpose of this section, the term "sidewalks" shall be deemed to mean the entire area between curb and property line where any part thereof is covered by a surfacing material and including openings in sidewalks and the covers of such openings.

(f) Penalty.

(1) Each violation of this section shall be deemed disorderly conduct and each person violating the same shall be a disorderly person and shall be liable to a penalty as prescribed in § 1-7 for each day and for each fraction of a day that such violation shall continue.

(2) Irrespective of any penalty invoked under Subsection (1) hereof, in any case where notice is given as provided in Subsection (c) hereof and the work specified in said notice is not performed by the owner or occupant within the time specified in such notice, the Street Commissioner shall have such work done and shall report the total amount expended or incurred therefor to the Village Clerk and the said amount shall thereupon be assessed against said property and shall be a lien thereon. (Ord. No. 36, §§ 1 - 6, 11-8-1954)

§ 19-16. Excavations or depressions adjoining public streets or sidewalks to be safely fenced or walled in.

(a) Whenever there exists any excavation or depression in a lot adjoining a public street or sidewalk within five feet of the boundary line between said lot and the street or sidewalk, the owner or occupant of said lot shall cause the part of such excavation or depression adjoining the public street or sidewalk to be safely fenced or walled in under the supervision and subject to the approval of the Street Commissioner, which said fence or wall shall be not less than four feet or more than eight feet in height, and it shall be the duty of said owner or occupant to keep the said fence or wall in reasonable repair and in a safe condition and so that all pedestrians and users of the street or sidewalk shall be secure in passing.

(b) No person shall use or maintain a fence of barbed wire or similar construction along the boundaries of any public street or grounds unless by special permit of the Board of Trustees.

(c) The Street Commissioner shall inspect all fences and walls and may make any necessary orders so as to insure that all fences or walls shall be constructed and maintained in a safe condition and comply with this section. Owners or occupants shall promptly and reasonably comply with all such orders.

(d) Penalty. Any person violating this section shall, upon conviction, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be a disorderly person. (Ord. No. 20, § 4, 3-30-1931; Ord. of 3-28-1932)

§ 19-17. Construction of chapter.

(a) Nothing contained in this chapter shall be construed to prevent the moving of goods, wares or merchandise across any sidewalk in the way of trade or for the use of families.

(b) Nothing herein contained shall be construed as giving authority to any owner or occupant of any premises to let, sublet, rent, lease or grant any of the sidewalk space for business stands of any kind or for any purpose whatsoever; and any person so found doing business may be summarily removed by the police and be deemed a violator of this section. (Ord. No. 19, § 8, 3-30-1931)

§(§ 19-) 18 - 19-27. Reserved.

ARTICLE II. REMOVAL OF SNOW AND ICE FROM SIDEWALKSEN

(§ 19-) 28. Snow on sidewalks; removal of.

The owner, lessee, occupant or person in charge of each and every parcel of real estate in the village, abutting or bordering upon any street, avenue, highway or other place, shall remove or cause to be removed all snow and ice from the sidewalk in front of or adjacent to such premises to the full paved width of such sidewalk within four hours after such snow or ice shall have ceased falling or accumulating thereon, except that when said snow or ice shall have ceased falling between the hours of 6:00 p.m. and 7:00 a.m., the said snow or ice shall be removed within four hours of 7:00 a.m. or no later than 11:00 a.m. of said day, provided that where footways or sidewalks have not been paved or duly established, snow and ice shall be removed to a width of not less than four feet from the portion of the street or way which is used in common as a footway in such street or way. (Ord. No. 5; § 1, 3-30-1931; L.L. No. 2-1988, § 1)

§ 19-29. When to use ashes, sand, etc.

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 lessee, occupant, person having charge or owner of every parcel of real estate shall, within the time specified in

§ 19-28, cause the sidewalk abutting or adjacent to such premises to be strewn and to be kept strewn with ashes, sand, sawdust or some other suitable material and shall, as soon thereafter as the weather shall permit, thoroughly clean such sidewalk. (Ord. No. 5, § 2, 3-30-1931)

§ 19-30. Reserved.

§ 19-31. Deposit of snow in streets.

It shall be unlawful for any person to throw or put or cause to be thrown or put any snow or ice into the traffic lane or lanes of any street. (Ord. No. 5, § 4, 3-30-1931; L.L. No. 1-1994, § 1)

§ 19-32. Removal of snow from roofs.

The owner, lessee, occupant or person in charge of any building so located, abutting upon or so near to any public street or place, that snow or ice may fall from the roof thereof shall cause all snow and ice to be removed from such roof within four hours after the same shall have ceased falling or accumulating, except that when said snow or ice shall have ceased falling or accumulating between the hours of 6:00 p.m. and 7:00 a.m. of the following day, then said ice or snow shall be removed within four hours of 7:00 a.m. or not later than 11:00 a.m. of said day; or such person shall provide suitable guards so that the ice or snow shall not be discharged upon the sidewalk. (Ord. No. 5, § 5, 3-30-1931; L.L. No. 2-1988, § 2)

§ 19-33. Duty of police.

It shall be the duty of each police officer to enforce the provisions of this Article and, if he finds that the snow and ice have not been removed from the sidewalks and roofs or spread with sand or other substance as explained in

§ 19-29, immediately to notify the Village Clerk thereof. (Ord. No. 5, § 6, 3-30-1931)

§ 19-34. When village to do work.

(a) Whenever any owner, lessee, occupant or person having charge of any parcel of real estate, shall fail or neglect to remove snow and ice from any such sidewalk or roof, as provided in this Article, the Village Clerk, without notice, may have the ice and snow removed therefrom.

(b) A bill for the expense incurred thereby shall be presented by the Village Clerk to the owner personally or by leaving the same at his residence or, if he is a nonresident, by mailing the same to his last known place of residence or, if the name of such owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place on his premises; and if he shall fail to pay the same within 10 days thereafter, the Village Clerk shall file each year immediately preceding the time for making the annual assessment roll his certificate of the actual cost of the work with the Assessor, which cost shall thereafter become a lien upon the property in front of which the cleaning was done and shall be added to and become and form a part of the taxes next to be assessed or levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.

(c) The imposition and collection of any penalty prescribed by this Article shall not bar the right of the village to collect the cost of the removal and cleaning of snow and ice from the sidewalks and roofs as herein provided. (Ord. No. 5, § 7, 3-30-1931)

§ 19-35. Penalties for offenses.

Any owner, lessee, occupant or person in charge who shall fail, neglect or refuse to remove snow and ice or strew the same with sand or other substance as directed in this Article or who shall violate any of the provisions of this Article or who shall resist or obstruct the Village Clerk or his employees in the removal of snow and ice shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be deemed a disorderly person. (Ord. No. 5, § 8, 3-30-1931)

§(§ 19-) 36 - 19-45. Reserved.

ARTICLE III. TEMPORARY OCCUPANCY

(§ 19-) 46. Street obstruction; permit.

Unless acting under a contract with the village, it shall be unlawful for any person as principal, agent or otherwise, other than a duly authorized village official or employee in the course of his employment, to place, store or leave or cause or permit to be placed, stored or left, except for immediate transfer of the same to the premises fronting on the portion of the street, sidewalk, alley or public place so occupied, any building material, construction apparatus, boxes, refuse or other material of any kind or to erect, maintain or leave or cause or permit to be erected, maintained or left any fence, platform, staging, booth or other obstruction of any kind, or to mix or cause or permit to be mixed any cement, mortar or other thing in any street, alley, sidewalk or other place, or to move any building through or across any street, alley, sidewalk or other public place in the village without first having obtained and paid for, and having in force and effect a permit therefor as provided in this Article. (Ord. No. 6, § 1, 3-30-1931)

§ 19-47. Application for permit.

(a) Any person desiring to procure a permit as provided in this Article shall file with the Building Inspector, at least 24 hours before the time he requires a permit, a written application upon a blank form prepared and provided by the village.

(b) Such application shall state the name and business or residence address of the applicant, the name of the street, alley, sidewalk or public place in which and the location thereon where he desires to store, keep or leave any material or obstruction, the street frontage or surface he desires to occupy, the name and business or residence address of the person for whose benefit the work is being done and the time during which he desires to use the street, alley, sidewalk or public place.

(c) When required by the Building Inspector, the application shall be accompanied by a drawing showing the dimensions of sidewalk, curbs, width of pavement, location of trees, railway tracks, fire hydrants, catch basins, crosswalks, total width of street or alley and amount of space which the applicant proposes to occupy.

(d) The application shall be signed by the applicant.

(e) No permit shall be granted until the applicant shall have agreed in writing to indemnify the village for any and all claims for damage resulting from such occupancy and, when the Building Inspector shall deem it necessary, shall have furnished a suitable bond therefor. (Ord. No. 6, § 2, 3-30-1931; L.L. No. 10-1992, § 1)

§ 19-48. Granting of permit.

(a) The Building Inspector, upon the filing of the application and bond and the payment of the fee and deposit provided in this Article, may in his discretion issue a permit, which shall state the name and address of the applicant, the date of granting and expiration of the permit, the place and amount of space to be occupied.

(b) No permit shall be granted unless in the opinion of the Building Inspector it is impracticable, because of the size, location or condition of the lot on which the construction or wrecking work is to be done, to place the building material or equipment thereon.

(c) All permits shall be consecutively numbered and shall be made in duplicate, one copy to be given to the applicant and one copy to remain on file in the office of the Building Inspector.

(d) Such permit at all times shall be in the possession of a competent person actually on the work and shall be shown upon demand by any police officer or properly authorized officer or employee of the village.

(e) A permit shall not be granted for a longer period than four months but may be renewed from time to time for periods not exceeding four months.

(f) The amount of space allowed shall be within the discretion of the Building Inspector. (Ord. No. 6, § 3, 3-30-1931; L.L. No. 10-1992, § 2)

§ 19-49. Fees.

(a) The fee for a permit shall be $25 for the first day or any part thereof of the duration of said street obstruction and $10 for each additional day or any part thereof. Said permit fee shall be initially based upon the applicant's estimate, as confirmed by the Building Inspector, of the duration of the street obstruction, and the final fee shall be subject to adjustment upon removal of the street obstruction. No certificate of occupancy, compliance, completion or like approval in connection with the work relating to said street obstruction shall be issued by the Building Inspector until after the removal of said street obstruction and until the street obstruction permit fee has been paid in full.

(b) Before such permit shall be granted, an estimate of the cost, if any, of restoring such street, alley, sidewalk or other public place to a condition equally as good as before it shall have been obstructed, with a fair additional margin for contingent damages, shall be made by the Building Inspector. Such estimate shall in no case by less than $25 and a deposit shall be required of the applicant. Such deposit, less the amount of the permit fee, shall be returned upon the satisfactory restoration of such street, alley, sidewalk or other public place. When the Building Inspector shall receive satisfactory proof that such restoration has been made, he shall thereupon return the amount of money thus deposited, less the deduction herein provided. If the person thus obstructing such street, alley, sidewalk or other public place shall fail to satisfactorily restore the same within three days from and after the expiration or revocation of the permit, then the village shall have the right to use such portion of such deposit, as may be necessary, to remove the obstruction and to restore the street alley, sidewalk or other public place to a condition equally as good as it was before it was obstructed, and the amount thus expended, plus the permit fee shall be deducted from the amount of such deposit; provided, however, that nothing herein contained shall preclude the village from maintaining an action against the person to whom the permit is issued to recover for damages done to any street, alley, sidewalk or other public place. (Ord. No. 6, § 4, 3-30-1931; L.L. No. 10-1992, § 3)

§ 19-50. Revocation of permit.

The Building Inspector may, at any time after notice to the permittee, revoke any permit when, in his opinion, the privileges of the permit have been abused, any of the provisions or requirements of this Article have been violated, any construction or repair work or wrecking is so far advanced as to render any further occupancy of the street unnecessary or when the permittee does not promptly begin to do the work, abandons it for any reason or does not prosecute it with reasonable diligence. (Ord. No. 6, § 5, 3-30-1931; L.L. No. 10-1992; § 3)

§ 19-51. Occupation of public places; limitations.

The extent of occupation of streets, alleys, sidewalks or other public places to be covered by the terms of a permit shall be as follows:

(1) Such permit shall not authorize the occupancy of any street, alley, sidewalk or other public place or part thereof other than that immediately in front or at the side of and adjoining the lot or lots upon which any building is or is to be located and in relation to which such permit is issued; provided, however, that if the written consent of and a waiver of claims for damages against the village by the owner and lessee, if any, of properties adjoining the site of any proposed building is first obtained and filed with the Building Inspector, the permission to occupy the roadway and sidewalk may be extended beyond the limits of such building in front of the property for which the consent of the owner and lessee or lessees thereof has been procured upon the same terms and conditions as those herein fixed for the occupation of the street, alley, sidewalk or other public place in front of and adjoining the building site.

(2) During the progress of building or wrecking operations, a sidewalk not less than four feet in width shall be at all times kept open and unobstructed for the purpose of passage in front of or adjoining such lot or lots. Such sidewalk shall, if there are excavations on either side of the same, be protected by substantial railings, which shall be built and maintained thereon as long as excavations continue to exist. (Ord. No. 6, § 6, 3-30-1931; L.L. No. 10-1992; § 3)

§ 19-52. Storage of building materials; limitations.

(a) The occupation of a street or alley for storage of building materials for any one building or for temporary sidewalk shall never exceed one-third (1/3) of the width of the roadway, provided that the Building Inspector may limit or entirely restrict the storage of materials on any street or alley or other public place where tunnels, sewers, conduits or other underground passageways are located.

(b) No materials shall be piled higher than four feet within 25 feet of the intersection of the curblines at street corners. (Ord. No. 6, § 7, 3-30-1931; L.L. No. 10-1992; § 3)

§ 19-53. Excavated materials and rubbish; how to care for.

(a) Earth taken from excavations, other than sand or gravel to be used in the construction of buildings, and rubbish taken from buildings shall not be stored either upon the sidewalk, alley, street or other public place and shall be removed therefrom from day to day as rapidly as produced.

(b) When dry rubbish is being handled, it shall be kept wetted down to prevent it being blown about by the wind.

(c) Building rubbish and useless material accumulation on the upper floors shall be lowered in receptacles by elevators or by closed chutes directly into vehicles; chutes over public property shall extend clear to the curbline. (Ord. No. 6, § 8, 3-30-1931)

§ 19-54. Arrangement of materials.

(a) Materials, fences, sheds or other obstructions shall not be placed within two feet of any trees, and all trees and shrubs or shrubbery shall be amply protected against injury or disfigurement by suitable boxes or other protective devices and in a manner satisfactory to the Village Clerk; nor within four feet of any lamppost, electrical conduit, manhole, fire alarm box, fire cistern, catch basin or valve chamber; nor within 10 feet of a fire hydrant or street intersection.

(b) All gutters shall be kept free and clear at all times of stored materials and of an accumulation of water, mud and refuse.

(c) When material is piled or worked upon any paved roadway, it shall be placed upon a plank platform with two-inch sleepers as prescribed in (§ 19-) 55. (Ord. No. 6, § 9, 3-30-1931)

§ 19-55. Mortar beds. If lime, cement or other mortar and concrete is prepared or stored upon any surface of any paved street, alley or other public place within the space designated to be occupied by building materials, it shall be upon a light bed of tongued and grooved boards placed upon two-inch bearers or sleepers, leaving an air space below and properly protected so as to prevent any splashing or dripping. (Ord. No. 6, § 10, 3-30-1931)

§ 19-56. Danger lights.

(a) Lighted red glass globed lanterns shall be displayed and maintained during the whole of every night whenever fences or sheds are built, excavations are made or materials or other obstructions are left or stored in any street, alley, sidewalk or other public place as follows: one red light to be securely and conspicuously posted on or near such excavation or obstruction, provided that such obstruction does not extend more than 10 feet in length; and if over 10 feet and less than 50 feet, two red lights, one at each end, shall be so placed and one additional light for each additional 50 feet or fraction thereof.

(b) Whoever shall remove or interfere in any way with any such lantern or other danger signal or any such barriers shall be guilty of a violation of this section. (Ord. No. 6, § 11, 3-30-1931)

§ 19-57. Fencing in building sites.

(a) During the excavation for and erection of the external walls of any building, except as provided for hereafter, within five feet of any street line the owner or his agent in charge thereof shall cause the part of such building site, fronting on such street, to be enclosed by a fence located not less than seven feet from the building line and not more than eight feet nor less than five feet high.

(b) Such fence shall be erected before the excavating is commenced.

(c) Where buildings to be erected or altered front on business thoroughfares and in congested districts, the Village Clerk may require sidewalk traffic to be maintained without interruption by means of elevated and covered sidewalks as prescribed in this Article. (Ord. No. 6, § 12, 3-30-1931)

§ 19-58. Sidewalk around fence.

(a) If any enclosing fence shall prevent passage on the sidewalk, the owner, through his agent in charge thereof, shall cause to be laid and maintained, in good repair and free of rubbish, dirt and snow, a temporary plank sidewalk around the same, not less than 1/3 the width of the sidewalk, but never less than four feet wide.

(b) Whenever there is no vault to be built under the sidewalk, the fence and walk provided in this section shall be kept within the curbline.

(c) When a sidewalk vault is permitted, the fence may be placed on the curbline with temporary walk on the outside and there maintained until the basement and sidewalk area walls are brought up to the level of the first floor.

(d) No wall of any building having a sidewalk vault attached thereto shall be carried above the first story level until vault retaining walls are brought to the grade and covered over temporarily or permanently with fences and walks set back within the curbline as herein provided. (Ord. No. 6, § 13, 3-30-1931)

§ 19-59. Elevated sidewalks.

(a) Temporary sidewalks shall not be elevated to a greater height than four feet above the curbline of the street. Any such elevated sidewalks shall be provided with safe and substantial steps on both ends thereof and railings on the sides thereof. If a building is more than one story high and is set at or near the street line, there shall be built over the sidewalk a watertight roof having a framework covered by two layers of two-inch plank. Such roof shall not be less than 10 feet above any walk and extend to the curb and be maintained as long as material is being used or handled on such street front above the level of such sidewalk.

(b) Temporary enclosures of shop fronts, during their construction or repair, may extend over the street line seven feet for their entire height, subject to all regulations prescribed in this article for temporary fences. (Ord. No. 6, § 14, 3-30-1931)

§ 19-60. Working of material.

No building materials shall be worked, such as cleaning brick or dressing stone, lumber or other material, in any street, alley, sidewalk or other public place. (Ord. No. 6, § 15, 3-30-1931)

§ 19-61. Derricks; limitations.

(a) For all buildings more than two stories in height, the use of elevators or derricks set upon sidewalks is prohibited.

(b) On no condition shall derrick posts be allowed to be set in the roadway of any street, alley, sidewalk or other public place and in no case shall the guy lines be less than 15 feet above the roadway. (Ord. No. 6, § 16, 3-30-1931)

§ 19-62. (Reserved)EN

§ 19-63. Unauthorized obstruction.

Whenever any materials, construction apparatus or other obstructions are placed, stored or left in or upon any street, alley, sidewalk or other public place without a permit, the Building Inspector, Department of Public Works or Police Department shall forthwith cause the same to be taken up and removed. (Ord. No. 6, § 18, 3-30-1931; L.L. No. 10-1992; § 3)

§ 19-64. Penalties for offenses.

Any person who himself or itself or by his or its agent or employee shall violate any of the provisions of this Article or conditions of the permit issued or who, his permit having been revoked, shall continue such obstruction shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so violating shall be a disorderly person. (Ord. No. 6, § 19, 3-30-1931)

§(§ 19-) 65 - 19-74. Reserved.

ARTICLE IV. OPENINGS AND EXCAVATIONS AND CUTTING OF SIDEWALK CURBS

(§ 19-) 75. Permit required to open street.

(a) No removal of the pavement or disturbance of the surface of any street for the purpose of making sewer connections or repairing sewers or pipes or laying down gas or water pipes, steam pipes or electric conduits, cables or ducts or introducing the same into buildings or placing building materials, tar kettles, compressors, sidewalk fences or sidewalk bridges or crossing the sidewalk other than usual use or for any purpose whatever shall be made until a permit is first had from the Village Clerk after application to and approval by the Street Commissioner.

(b) Said Commissioner shall require, before approving a permit and as a condition therefor, the deposit with the Village Clerk of such sum of money or other security as, in the Commissioner's judgment, may be sufficient to pay the cost of property backfilling an excavation and relaying the pavement removed, together with the expense of the inspection thereof and the expenses incidental to the issuing of the permit and the making of refunds thereon. In case of an emergency arising out of office hours at night, on Sunday or on legal holidays, when immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the Police Department which may grant permission to make the necessary excavation upon the express condition that an application be made in the manner provided in this Article at or before 12:00 noon on the next following business day.

(c) No power equipment (steam shovel, power shovel, power excavator, backhoe or the like) may be used in excavating cross trenches on any street. Such trenches must be excavated either by hand or with the aid of pneumatic tools such as paving breakers, pneumatic spades and the like and the material shoveled out or removed manually. Not more than 1/2 of the width of a street may be opened at one time. Whenever any portion of the pavement in any street shall have been removed for any of the aforesaid purposes, the trench or cut shall be backfilled for a depth of at least two feet over the top of the pipe, conduit, cable or duct with clean earth or sand carefully deposited in uniform layers not exceeding six inches in depth, each layer to be carefully and solidly tamped with pneumatic tools in such a manner as to avoid injuring or disturbing the completed work. Backfilling for the remainder of the trench or cut as excavated shall be with approved earth fill free from organic matter and containing no stones over six inches in their largest dimensions. Stones which are used in backfilling shall be distributed through the earth backfill so that all interstices are filled with fine material. All backfilling shall be deposited in layers not exceeding six inches in depth and each layer shall be solidly tamped with pneumatic tools. Such backfilling of the trench or cut shall be completed by the person or corporation by whom or at whose direction the pavement and fill was removed within 48 hours after the completion of the work which made necessary the cut and excavation and immediately thereafter the pavement shall be relaid in the manner and with materials satisfactory to the Street Commissioner. Sheathing and bracing shall be used when the excavation or opening is six feet or more in depth. Sheathing and bracing shall be cut off one foot below the surface of the pavement and left in place when the opening is refilled.

(d) Upon the certification of the Commissioner that the backfilling has been satisfactorily completed and the pavement satisfactorily relaid, the money so deposited as security shall be refunded to the depositor.

(e) If such backfilling shall not be done in accordance with the provisions of this section or if such pavement shall not be relaid in the manner and with materials satisfactory to the Street Commissioner, the said Commissioner may cause a notice in writing to be served upon the person or corporation by whom the fill or pavement was removed or, if such removal was for the purpose of making connection between any house or lot with any sewer or pipes in the street or otherwise improving any house or lot, upon the owner or occupant of such house or lot, requiring such person or corporation, or the owner of such house or lot, to have such backfilling properly done and to have such pavement properly relaid within five days after service of such notice. Such notice may be served upon the owner or occupant of a house or lot by leaving the same with any person of adult age upon said premises or by posting the same thereon. In case such backfilling shall not be done or in case such pavement, or portion thereof, shall not be relaid to the satisfaction of said Street Commissioner within the time specified in such notice, it shall be lawful and authority is hereby given to such Commissioner to have such backfilling done and to have such pavement, or portion thereof, relaid and put in proper order and repair, in such manner as he may deem best, on account of the person or corporation by whom such excavation was made or such pavement was removed, or from the owner of the premises for whose benefit such excavation or such removal of pavement was made. In such case, the Commissioner shall certify to the Village Clerk the cost of the work done and the security deposited shall be forfeited to the village to the extent necessary to reimburse the village for such cost. Any excess of cost over the amount deposited shall be paid to the village, on demand, by the person or corporation by whom such excavation or such removal of pavement was made, or by, the owner of the premises for whose benefit the same was made, and if such sum shall not be paid within 30 days after demand, the same shall become a lien upon the premises for the benefit of which the excavation or removal of pavement was made and shall be assessed against such premises as an additional village tax thereon.

(f) The schedule of fees for permits described in this

§ 19-75 shall be established by the Board of Trustees by resolution adopted at a scheduled public meeting of the Board of Trustees. A list of such fees shall be maintained by the Village Clerk and Department of Public Works and shall be posted in the Building Department.

(g)or the purposes of computing charges, the dimensions of each opening shall be deemed to be the sum of the measured length plus two feet multiplied by the sum of the measured width plus two feet. (Ord. No. 7, § 1, 8-24-1953)

(h )In lieu of depositing a sum of money or security for each permit as set forth in (§ 19-) 75(b), an applicant may establish a permanent security fund by depositing a sum of money with the Village Clerk in an amount established by the Street Commissioner and approved by the Board of Trustees to be held by the village as security for all such work performed by the applicant in the village, or by providing a surety, performance or completion bond satisfactory to the Board of Trustees in a form as may be approved by the Village Attorney. (Ord. No. 7, § 1, 8-24-1953; L.L. No. 7-1997, §§ 1 and 2)

§ 19-76. Application for permit.

(a) Any person desiring to procure a permit as provided in this Article shall file with the Street Commissioner at least 24 hours before the time proposed to begin such work, a written application upon a blank form prepared and provided by the village.

(b) Said application shall state the name, business or residence address of the applicant, the name of the street, alley, sidewalk or other public place in or under which it is desired to make the excavation or opening, the purpose, size and location of the proposed excavation or opening, and the name and business or residence address of the person for whose benefit such opening is to be made and such other information as the Street Commissioner and Village Clerk shall reasonably require.

(c) When required, the application shall be accompanied by a drawing showing the location, character and dimensions of the proposed excavation or opening for the installation of new work or the location and character of the alterations involving the location of pipes, conduits, wires or other conductors. (Ord. No. 7, § 2, 8-24-1953)

§ 19-77. Indemnity to village.

No permit shall be granted until the applicant shall have agreed in writing to indemnify the village for any and all claims for damages that may arise from such opening and, shall also have furnished a suitable policy therefor, issued by a company approved by the New York State Superintendent of Insurance in the following amounts: public liability, personal injury, $100,000 single claimant; $300,000 single accident; and public liability, property damage, $10,000 single claimant; $25,000 single accident, together with a policy of workers' compensation insurance for all employees. (Ord. No. 7, § 3, 8-24-1953)

§ 19-78. Record of permits.

(a) The Village Clerk shall prepare and keep a record of permits issued, numbered in the order in which they were issued, stating the name and address of the person to whom issued, location, nature, purpose and extent of excavation or opening, time in which street is to be restored, fee paid, and such other and further items as will enable anyone to obtain a complete history of each permit from its issuance to its termination.

(b) The copies of the permits kept by the Village Clerk, if properly bound, may be used as a basis for such record. (Ord. No. 7, § 4, 8-24-1953)

§ 19-79. Guarding excavations and obstructions.

(a) Any person making or causing to be made an excavation or opening in any street, alley, sidewalk or other public place within 10 feet of the line of any street shall, between sunset and sunrise on every night that the same remains open or danger exists therefrom, keep such excavation or opening fenced and barricaded with substantial barriers to secure public safety and at least two lighted red lanterns placed so as properly to warn all persons of such excavations or openings and all obstructions.

(b) Whoever shall remove or interfere in any way with any such lantern or other danger signal or any such barriers shall be guilty of a violation of this section. (Ord. No. 7, § 5, 8-24-1953)

§ 19-80. Pipes, mains, and conduits.

(a) The person to whom a permit is granted shall give notice in writing thereof to any corporation whose pipes, mains or conduits are laid in the street about to be disturbed by such excavation at least 24 hours before commencing the same, and shall, at his expense, sustain, secure and protect such pipes, mains or conduits from injury and replace and pack the earth wherever the same shall have been removed, loosened or disturbed, under or around them so that they shall be well and substantially supported.

(b) If any person shall fail to sustain, secure or protect such pipes, mains or conduits from injury, or to replace and pack the earth under or around them as the provisions of this section require, then the same may be done by the corporation to whom the same may belong and the cost thereof and all damages sustained by such corporation thereby shall be paid by such person, and in default thereof such corporation may maintain an action against him therefor. (Ord. No. 7, § 6, 8-24-1953)

§ 19-81. Cutting of curbs.

(a) Curb cuts for driveway approaches to garages built on any property or for parking on property approved by the village shall be made only after permit for same shall have been procured from the Village Clerk upon approval of the Street Commissioner.

(b) In all cases, the method of cutting curb or dropping the curb shall be approved by said Street Commissioner and shall be performed by applicant under the Street Commissioner's inspection.

(c) All curbs for driveway cuts shall be taken up and lowered and shall be set in a six-inch concrete foundation with six inches of concrete front and back of curb to hold said reset curb in vertical position. A ramp for the driveway shall be made within the three-foot area immediately adjacent to curb face. Normal sidewalk grade beyond said ramp shall be maintained to the property line or side of street right-of-way. The downward slope from property line to top of normal curb shall be three-fourths (3/4) inch per foot. Driveway ramps shall meet this sidewalk slope line. Driveways from top of drop-curb to property line shall be constructed of concrete, seven inches thick, the mixture of said concrete to be one part Portland cement, two parts clean sharp sand and four parts broken stone.

(d) The fee for permit for cutting any curb shall be $5 for a maximum width of 11 feet and $1 for each additional foot in width. (Ord. No. 7, § 7, 8-24-1953)

§ 19-82. Duration of street opening. No opening shall remain open and unfilled for a period longer than five days, unless permission for a longer and stated period shall be specifically given by the permit or shall thereafter be extended by the Street Commissioner or the Village Clerk in writing. (Ord. No. 7, § 8, 8-24-1953)

§ 19-83. Penalties for offenses.

Any person who himself or itself or by his or its agent or employee shall violate any of the provisions of this Article or conditions of the permit issued or who, having had his permit revoked, shall continue such opening shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so violating shall be a disorderly person. (Ord. No. 7, § 9, 8-24-1953)EN

Chapter 19A, SEX OFFENDER RESIDENCY RESTRICTIONS

(§ 19A) -1. Findings and intent.

(a) The Board of Trustees of the Village of Tuckahoe ("Village Board") recognizes that the Sex Offender Registration Act, New York's version of Megan's Law (Correction Law Article 6-C) has increased public awareness of sex offenders by requiring them to become registered with authorities and making such information available to the public.

(b) The Village Board finds that registered sex offenders pose a significant threat to the health and safety of the community and especially to children, whose age and inexperience make them particularly vulnerable to the heinous and reprehensible acts of these offenders. The Village Board also finds that the rate of recidivism is high and programs designed to treat and rehabilitate these types of offenders have been largely ineffective. The Village Board further finds that restricting registered sex offenders from residing in close proximity to places where children are likely to congregate is likely to reduce the opportunity and temptation for, and can minimize the risk of, repeated acts against minors.

(c) The Village Board further finds that Level 2 and Level 3 sex offenders present a particular danger when they live in close proximity to parks and playgrounds where children play and congregate. The Village's compelling governmental interest in ensuring that children and those of a vulnerable population do not become victims of sex crimes is best served by limiting the occasions for contact between vulnerable populations and these registered sex offenders, and the residency restriction contained in this chapter is therefore necessary to protect vulnerable populations from sex offenders who may relapse into criminal behavior.

(d) It is the intention of the Village Board to exercise its authority pursuant to Article IX of the New York State Constitution and § 10 of the Municipal Home Rule Law, to protect and safeguard the lives and well-being of the community, especially minors, from registered sexual offenders, by prohibiting Level 2 and Level 3 registered sex offenders from residing in close proximity to places where children could naturally congregate, such as public parks and playgrounds.

(e) This chapter is intended to create a civil, nonpunitive regulatory scheme in order to protect minors to the extent possible under the circumstances and not as a punitive measure of any kind. (L.L. No. 8-2007, § 1)

(§ 19A) -2. Definitions.

For purposes of this chapter, the following terms shall have the meanings indicated:

DOMICILE - A person's true, fixed permanent home or fixed place of habitation.

LEVEL 1 REGISTERED SEX OFFENDER - A sex offender determined by the New York State Board of Examiners of Sex Offenders to pose a low risk of recidivism.

LEVEL 2 REGISTERED SEX OFFENDER - A sex offender determined by the New York State Board of Examiners of Sex Offenders to pose a moderate risk of recidivism.

LEVEL 3 REGISTERED SEX OFFENDER - A sex offender determined by the New York State Board of Examiners of Sex Offenders to pose a high risk of recidivism.

PARK - The multipurpose basketball, tennis and playground courts known as Main Street Park, located at the corner of Main Street and Marbledale Road, Tuckahoe, New York; Constitution Park and Playground, located at the corner of Circuit Avenue and Pleasant Avenue, Tuckahoe, New York; Fisher Park and Playground, located at the corner of Fisher Avenue and Marbledale Road, Tuckahoe, New York; Garrett Park, located at or about Tuckahoe Road and Yonkers Avenue, Tuckahoe, New York; Union Park, located at the corner of Union and Washington Streets, Tuckahoe, New York; and Parkway Oval Park, located at the corner of Bronx Street and Railroad Avenue, Tuckahoe, New York.

REGISTERED SEX OFFENDER - A sex offender who is required to register with the New York State Division of Criminal Justice Services or other agency having jurisdiction pursuant to the provisions of Article 6-C of the Correction Law of the State of New York or other applicable or successor law, whether or not the sex offender has actually registered in compliance with the law of the court of competent jurisdiction.

RESIDENCE - The place where a person sleeps, which may include more than one location and may be mobile or transitory. (L.L. No. 8-2007, § 1)

(§ 19A) -3. Restrictions established.

It shall be unlawful for any Level 2 registered sex offender or Level 3 registered sex offender to establish a residence or domicile within a radius of 1,000 feet of any park as defined herein. (L.L. No. 8-2007, § 1)

(§ 19A) -4. Relocation.

Any Level 2 registered sex offender or Level 3 registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in

(§ 19A) -3 of this chapter shall have 60 days from receipt of a written notice from the Village Clerk to relocate to a location which does not violate the restrictions set forth in

(§ 19A) -3 of this chapter. (L.L. No. 8-2007, § 1)

(§ 19A) -5. Applicability.

(a) This chapter shall not apply to any Level 1 registered sex offender.

(b) This chapter shall not apply to any Level 2 registered sex offender or Level 3 registered sex offender if that person is required to be domiciled at a location fixed by an order of a court of competent jurisdiction or by any federal, state or county agency having jurisdiction thereof.

(c) This chapter shall not apply to any premises or properties that are located outside of the geographical boundaries of the Village of Tuckahoe regardless of whether said premises or properties are the residence or domicile of a Level 2 registered sex offender or Level 3 registered sex offender or said premises or properties are located within the radius of 1,000 feet stated in

(§ 19A) -3 herein. (L.L. No. 8-2007, § 1)

(§ 19A) -6. Exemption.

(a) The residency restriction of

(§ 19A) -3 herein shall not apply to any Level 2 registered sex offenders or Level 3 registered sex offenders who have established residences or domiciles prior to the effective date of this chapter or to any Level 2 registered sex offender or Level 3 registered sex offender under the age of 18 years of age residing with his or her parents or legal guardian.

(b) A Level 2 registered sex offender or a Level 3 registered sex offender does not commit a violation of this chapter if said Level 2 registered sex offender or Level 3 registered sex offender has established a residence or domicile and thereafter a park, subject to the restrictions of this chapter, is newly located within a radius of 1,000 feet of the residence or domicile of said Level 2 registered sex offender or said Level 3 registered sex offender. (L.L. No. 8-2007, § 1)

(§ 19A) -7. Administration and enforcement.

Unless otherwise provided, the provisions of this chapter shall be administered and enforced by the Code Enforcement Officer of the Village, as set forth in the Village Code of the Village of Tuckahoe, and by the Village of Tuckahoe Police Department. (L.L. No. 8-2007, § 1)

(§ 19A) -8. Penalties for offenses.

Any person violating the provisions of this chapter shall, upon conviction, be subject to a fine of up to $2,500. Each and every day a violation continues shall be deemed a separate violation. (L.L. No. 8-2007, § 1)

(§ 19A) -9. Village not liable.

Nothing in this chapter shall be deemed to impose any civil or criminal liability or give rise to a cause of action against the Village of Tuckahoe or to any elected or appointed officer, official, employee or department of the Village for failing to act in accordance with this chapter. (L.L. No. 8-2007, § 1)

(§ 19A) -10. Permission required to rent to certain persons.

No person may rent, lease or let residential space (including, but not limited to, a room, apartment, condominium or house) to a Level 2 registered sex offender or Level 3 registered sex offender without having received a letter from the Village Clerk of the Village of Tuckahoe that such rental, lease or letting is not in violation of this chapter. A request for such letter shall be acted upon by the Village Clerk within five business days of receipt of such request by the Village Clerk. (L.L. No. 8-2007, § 1)

(§ 19A) -11. Adoption of similar protection by other bodies.

Upon the enactment by New York State or Westchester County of a law which purports to afford the same or greater protection of the people of the State of New York and/or the County of Westchester, including the residents of the Village of Tuckahoe, as provided by this chapter, any member of the Village Board may place upon the agenda of the Village Board a local law providing for the repeal of this chapter, and the Village Board shall consider the same at its next regular meeting. If the Village Board determines that the New York State or Westchester County law provides the same or greater protection to residents of the Village of Tuckahoe, this chapter shall immediately be of no force and effect, and the Village Board shall repeal the same by local law to that effect. (L.L. No. 8-2007, § 1)

(§ 19A) -12. Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or other tribunal having jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (L.L. No. 8-2007, § 1)