PART II, GENERAL LEGISLATION

Chapter 157, Streets and Sidewalks

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls: Art. I, 5-17-1904; Art. II, 5-17-1904, amended 6-12-1978 by L.L. No. 2-1978; Art. III, 6-6-1983 as L.L. No. 1-1983. Subsequent amendments noted where applicable].

GENERAL REFERENCES
Driveways -- See Ch. 82.
Excavations -- See Ch. 93.
Subdivision of land -- See Ch. 161.
Vehicles and traffic -- See Ch. 180

ARTICLE I, Obstruction of Streets [Adopted 5-17-1904]

§ 157-1. Obstructing prohibited.

It shall be unlawful for any person or persons or corporation or corporations to encumber, obstruct or encroach upon any of the public streets, alleys, grounds, sidewalks or crosswalks or to throw or place any dead carcass of any kind, ashes, filth or other offensive matter, or which may become offensive, in or upon any street or upon public or private grounds within said village.

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§ 157-2. Penalties for offenses.EN

Any violation of this Article shall be punishable by a fine of not more than two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both, for each offense. Each twenty-four (24) hours that such obstruction, encroachment or other act prohibited by this Article shall be allowed to remain after due notice shall have been given to the offender by the Street Commissioner or other village officer to remove the same shall be a separate offense.

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ARTICLE II, Accumulations on Sidewalks; Burning of Refuse [Adopted 5-17-1904; amended 6-12-1978 by L.L. No. 2-1978]

§ 157-3. Accumulations on sidewalks prohibited.

It shall be unlawful for any property owner or tenant thereof to allow any snow, ice, water or dirt to accumulate or remain upon any sidewalk within the streets of this village of a greater length of time than twenty-four (24) hours.

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§ 157-4. Accumulation of garbage.

It shall be unlawful for any property owner or tenant thereof to allow the accumulation of garbage, refuse, rubbish, ashes or noxious substances upon the premises owned or occupied by him, except that such substances may, if properly contained or stacked, be placed in front of the premises ready for collection, provided that they are not so placed more than two (2) days prior to a regularly scheduled collection date established by a private licensee or the Village Department of Public Works.

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§ 157-5. Removal by village; costs.

The Street Commissioner, in his discretion, may remove at any time the snow, ice, water or dirt or the garbage, refuse, rubbish, ashes or noxious substances and charge the expense thereof to the owner or tenant of said property.

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§ 157-6. Open burning of refuse prohibited.

No garbage or mixed refuse shall be burned in an open fire or in a metal basket, can or drum in any part of the Village of Honeoye Falls.

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§ 157-7. Snow and ice from buildings.

It shall be unlawful for any owner of any building adjacent to any street of this village to allow the accumulation of any snow, ice or water thereon or to allow the falling of any snow, ice or water from such building upon any of the streets or sidewalks in this village.

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§ 157-8. Alteration of building by village; costs.

If any person refuses to make the necessary alterations in his building to prevent all snow, ice or water from falling to the street or sidewalk adjacent to said building within thirty (30) days after direction to do so pursuant to a resolution of the Board of Trustees, the Board of Trustees may make such alteration, and the expense thereof shall be a charge upon said property and be collected in the next tax levy, provided that the same is not paid before the making of such tax levy.

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§ 157-9. Penalties for offenses.EN

Any violation of this Article shall be punishable by a fine of not more than two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both.

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ARTICLE III, Notification of Defects [Adopted 6-6-1983 as L.L. No. 1-1983]

§ 157-10. Notice required for civil action.

No civil action shall be maintained against the Village of Honeoye Falls (hereinafter referred to as "the village") for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed; or for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, street, highway, bridge or culvert unless written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice relating to the particular place was actually given to the Village Clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of or to cause the snow or ice to be removed or the place otherwise made reasonably safe.

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§ 157-11. Transmittal of notices; corrective action.

The Village Clerk shall transmit, in writing, to the Mayor and the Village Highway Department, within five (5) days after receipt thereof, all written notices received by the Clerk pursuant to this chapter, and the village shall take any and all corrective action with respect thereto as soon as practicable.

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§ 157-12. Maintenance of records.

The Village Clerk shall keep an index record of all written notices which the village shall receive of the existence of a defective, out of repair, unsafe, dangerous or obstructed condition or of the existence of snow or ice upon any sidewalk, crosswalk, street, highway, bridge or culvert, which record shall state the date of the receipt of such notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of such notice shall be preserved for a period of five (5) years from the date it is received.

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§ 157-13. Continuance of existing requirements.

Nothing contained in herein shall be deemed to repeal, modify, supersede or overrule any existing requirements or statutes of the State of New York which are applicable to the causes of action set forth herein; that the requirements herein shall be held to be additional requirements to the rights to maintain such action; and nothing herein shall impose upon the village, its officers and employees any greater duty or obligations to maintain its streets, highways, bridges, culverts, sidewalks or crosswalks than is required under the law of the State of New York in a reasonably safe condition for public use and travel.

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