Section
151.01 Excavations, street and curb cuts; permit and fee
151.02 Closing public ways or easements
151.03 Obstructing public ways prohibited
151.04 Interfering with free flow of traffic
151.05 Trees and shrubs
151.06 Display of merchandise for sale
151.07 Structures on or over streets and sidewalks
151.08 Playing prohibited
151.09 Water draining on streets
151.10 Signs or objects obstructing view; sight triangle
151.11 Responsibility of adjacent property owner
151.99 Penalty
No person shall excavate, cut or dig in any street, sidewalk, curb, alley or other right-of-way without first applying for and receiving a permit to do so from the town. Such permission shall be subject to supervision, inspection, fees and bond or insurance as may be established by the Town Board. The fee for the excavation, street or curb cut shall be as set by the Town Board by motion or resolution and paid to the Clerk-Treasurer.
(Prior Code, § 7-1-1) Penalty, see § 151.99
(A) Board authority to close. The Town Board shall have the power by ordinance to close to the public use of any public way or easement within the town whenever by resolution such closing shall be deemed necessary or expedient.
(B) Resolution declaring necessity. Any resolution declaring the necessity or expediency for the closing of any public way or easement shall contain the following:
(1) The date and place at which the ordinance closing the public way or easement will be considered by the Board; and
(2) The names and last known addresses of any parties who are holders of a franchise, or others determined by the Board to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement.
(C) Notice required.
(1) Persons having special right or privilege. Upon the passage of a resolution declaring the necessity or expediency for the closing of any public way or easement, the Town Clerk-Treasurer shall give written notice of the passage of such resolution to any parties who are the holders of a franchise or who have been determined by the Board of Trustees to have a special right or privilege granted by ordinance or legislative enactment to use such public way or easement. Such notice shall contain the date and place at which the ordinance closing the public way or easement shall be considered by the Board of Trustees and shall be sent to the persons so entitled to such notice by certified mail, with return receipt requested, at least 30 days prior to the date such ordinance shall be considered.
(2) Abutting property owners. Property owners of the property abutting the public way or easement sought to be closed by any ordinance passed pursuant to this section shall be entitled to the notice provided for in this section.
(D) Right to reopen. The town shall retain the absolute right to reopen the public way or easement without expense to the town.
(Prior Code, § 7-1-2)
It is unlawful for any person to obstruct in any manner any street, alley, sidewalk or other public way by leaving or permitting to remain thereon or therein any vehicle, object, material, structure, fence or other obstruction of any kind.
(Prior Code, § 7-1-3) Penalty, see § 151.99
(A) Prohibited acts. It is unlawful to:
(1) Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians; or
(2) Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto.
(B) Remedial action. When any person causes or commits any of the conditions enumerated in division (A) above, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disburse, or to remove any obstructions. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.
(Prior Code, § 7-1-4) Penalty, see § 151.99
(A) Obstructing view of traffic.
(1) Removal. The owner of every lot or parcel of land in the town upon which any trees, shrubs or plants are growing, or upon which any obstruction has been placed, shall remove such trees, shrubs, plants or obstruction, or parts thereof, if they are so situated as to constitute a traffic hazard by obstructing the view of any driver of any vehicle on the streets of the town to the extent that the driver is unable to observe the approach of other vehicles on streets and alleys and at intersections.
(2) Trimming.
(a) The owner of any premises abutting on any street shall trim all trees and shrubbery growing in the parking, between the sidewalks and the roadway, of any such street, and all trees and shrubbery growing on any part of the premises adjacent to the sidewalks, or any street or alley, in such manner that the boughs or limbs thereof shall not obstruct free and convenient passage, sight and travel along the streets, sidewalks and alleys. If premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as hereinbefore required of the owner. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than ten feet above the roadway of a street or alley, nor lower than eight feet above the sidewalk.
(b) Any owner or occupant who fails, refuses or neglects to trim trees and shrubbery as provided in this section, after receiving ten days’ notice from the Town Clerk-Treasurer or his or her designee to do so, is guilty of an offense against the town. In addition to any fine or punishment as an offense, the town may act to abate the nuisance. Every day that the owner or occupant fails, refuses or neglects to trim such trees or shrubbery after the expiration of the ten days’ notice shall be a separate offense.
(B) Injuring trees or shrubbery. It is unlawful for any person to injure any tree or shrubbery on a street or alley in the town. This division (B) shall not prohibit the lawful and proper care and removal of such trees and shrubbery.
(Prior Code, § 7-1-5) Penalty, see § 151.99
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