1966-01-20 - Ordinance 1966-001 - STREETS AND SIDEWALKS1
STREETS AT.ID SIDEIIAIIG
BE IT ORDAINED BY THIi PRESIDEM AND BOARD OF ?RUSIEES OF THE
vrLrAGE 0F BTFFAL GRO\IE, rr.Lil{OrS:
SBCTION 1. It sha11 be unlawful for anyone but the Village to
construct or 1ay any paverlEnt on any publlc atteet, sidewalk,
a1ley or other publlc way, or to repair or replace the sane
without first havlng secured a pe:itrlt therefor. Appllcatlon
for such perlriEs shal1 be made to the Building Cormisstoner and
shal1 etate the Locatlon of the lntended construction Pavenent,
repalr or replacement, the extent thereof and the Person or person8
who are to do the actual construction srork and shall be aecoqanled
by plans and specifications in duplicate. A11 such construction
parrerent and repalr shall be in confonoity wlth plans and speclfl-
cations approved by the Vil1age.
(a) Each applicant for a permit or contractor sha1l
-certificate of insurance
file a turixln the fotm and aoount requlred by the corporate
arlrthgrltles, with Burety to be approved by the said corporate
authorLtles, conditloned to inde@ltfy and hold ha:mless the Vtllage
for any loss ot danage resulting frm the work rurdertaken or the
oanner of doing sane.
requirements
(b) In addltion to the trd<6et forth in paragraph
(a) above, each applicant sha1l file a performanrce bond wlth
surety to be approved by Ehe corporate authoritLes prlor to the
beglnnlng of any work to be done or in the altefiratlve ehal1 deposlt
with the Vlllage Clerk cash in the €mnunt of $1,000.00 to insure
proper restoration of the ground, undergrotmd and surface. Ilpon
coryletion of work to satlefactlon of building Lnspector, the
deposlt, if any, shall be retunred.
SECTION 3.It shal1 be unlawful to make or mointain any opening
in any public sidewalk, street, alley, parl$ay or publlc place
without a per4lt from the Village. Application for permlt sha11
be nade to the Building go''"nissioner and sha11 be subJect to the
requirenrents of Sections 1 and 2 hereof with respect to con-
struction, repair, replaceoent and bond.
SECTION 4.The applicant making any excavation replacement
or repalr shall i-medlately after the work i.s co,rqleted
restore the rmderground, paveoenE and surface to the condl.tlon
it was before the work couoenced. The subsequent sioking of
any underground, pavement or surface shal1 also be corrected
Lmedlately after notice of the same is received by the appllcant.
SECTION 5. Notilithstanding any of the provieions of Section 3
hereof and only ln the event of any emergency reguirlng
i-mediate action for the protectLon of the health and safety of
the publLc, a utility nay n:rke an openLng in any street, alley,
parl$ilay or public way for the sole purpose of repalrlng any telephone,
power, gas, sesrer or lrater f.ine, leak or fallure vlthout flrst
securing a pernit. Provlded, however, that irG[ediately after
the repair has been made the uEllity uaking such openlng or
repair sha1l restore the surface pavernent and r.urderground Eo its
orlginal condltLon. The subsequent slnking of any surface,
paveuEnt or underground sha1l also be restored innedlately upon
notification thereof by the Vlllage.
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SECTION 6. It shall be unlawful to mgke any excavatlon or
openlng of any kind ln any rray concrary to or at varlance wlth
the terms of the pernlt therefor. Proper bracing shall be
malntained to prevent the collapse of the adjolning ground, and
in excavatlons, the excavation 8hal1 not have anywhere below the
surface any portLon which extends beyond the opening at the
surface.
No injury shalL be done to any plpes, cables or
condults in the maklng of any excavatlons or trmnels, aod notlce
sha1l be given to the persono oalntaining any srrch pipes, cableg
or condul.ts or to the Village deparhent or office charged with
the care thereof before such pipes, cables or condults sha11 be
dleturbed. Proper care shall be taken to avold injury to the roots
of any tree or shrub wherever posslble.
SECTION 7. Lt shall be unlawful to render nore than one-half
the wldth of any street unavailab 1e for travel in connection
rrith any excavation or opening of any kind. If any sldewalk is
blocked by any such vrork, a temporary sldewalk shal1 be constnrcted
or provided which sha11 be safe for travet and convenient for
users .
SECTION 8.Each application for a perrnit sha11 state Ehe Length
of tlne lt Is eetimated will elapse from the co@encenent of the
work untiL the restoration of the surface of the grormd! or untll
the reflll is made ready for the paveoent or sidewalk to be put on
by the Vlllage, if the Viltage is to leetore such surface pavement
or sidewalk. It sha1l be r:nlalsful to fail to coryly wlth thls
tirne linitatlon unless pem166ion for such an extenalon of ti.De is
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granted by the Butldlng Cormlssioner. Refl11s shal1 be of eultable
naterlal placed r:nder the superrrislon of the Bullding Corulssioner,
properly tqed down and any braclng of such trmne 1 or excavation
shall be left in the ground.
If the excavatlon or opening has neceseLtated aD openlng
in a paverent or sidewalk, the refill sha1l be properly mrde so
that Ehe surface payuent can be releid in the s€Ene EAnner,
thickness and character as the surroundlng pavenent. Notlce
shall be given to the Building Co'rmlssloner when such opening
is prepared for paveroent.
SECTION 9.The Building Cormlssioner sha11 from tLrre to tlme
inspect all excavations or tunnele being ruade ln or r.rnder ang
public street, alley, sidewalk, parlcray or other publLc place
to see to the enforcement of this ordlnance. Notice sha11 be
glven hlro at least 10 hours before the work of refi11lng any
sueh opening or excavation begins.
SECTION 10. No person shall alter, construct, buiLd or establish
any driveway over, across or upon any publie sldewalk or public
way without securing a peruit for such purpose lssued by the
Vtllage. Appllcation for euch pennlt shall be rnade to the
Bullding Comlegloner and sha1l be subJect to the requireoents
set forth ln Sectlon 2 hereof with respect to bonds and deposits.
Sectlon 1. Sectlons 11 , 12 and 13 of Ordinance Nulber uilt across
5A- 66-1 are hereby repealed in thelr entLrety.
theof
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11-the exlstlng
s ldewalk grade. trlhere it sha1l be necessary in the construction
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of any drlveway to break the existing curb for the drlveway openLng,
the curb and gutter shalL be coryletely reooved anrd a new driveway
gection constructed.
Each such drlveway sha1l be constructed and roaintained
so as to pernlt free and unobstructed passage, on, over or across
the sane and Ln such a marmer a8 not to interfere wlth the proper
drainage and safe grading of streets. Gradual approaches to the
regular sidewalk grade shal1 be made frqr the grade of the drlveway.
The sLope of any driveway and the approaches thereto shalL not
exceed one and one-quarter (L-Ll4> lnehes to the foot in any dlrectlon.
Each such drlrzeway sha1l be so constructed and maintalned that its
surface at the point of crosslng any sLdewalk shall be flush with
the adjolnlng sectlons of such sldewalk.
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\,, n{& Srctlou 1. Sectloas 11, 12 aod 13 of Hl^uace EroberS,,'-r1-r -!i- 65-I rn brrby rrprlcd r.a thd.t G!ls.tt.
parkroay and sidewal.k or sldewalk space to the ownerr s Lot Llne
and which is used to serve any property other than that used
exeluslvely for resldential purposes sha1l consisE of a nonollthic
course of concrete not less than six (6) lnches thick, and the
construction and installatlon of such driveway shall othenrrise
coryly wlth the provLsLons of this ordlnance. ALl. constructton
sha1l be done r:nder the supervislon and subject to the approval
of the Bulldlng Comisgloner.
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S.ctlon :.. Sectloas 11 , 12 and 13 of Orillnaoce Frnbe!
65-1 ar: bereby regealad 1s thelr eatl:Gry.
irr srqewalK space Eo Ene ownt r D teL ttlle ano r,trlch i.s used
exclusively to serve resldential property, shalL consist elther
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of a oonollthic course of conrete not less than five (5) lnches
thick, or 8 (8) Lnch gravel and two (2) inch bitrmLnous, and the
construction and Inetallatlon of such driveway shall othenvise
coqly wlth the provlsions of thls ordlnance or asphalt Pavenent
constructed as follows: a base of not less thao six (6) I'nchee,
Ll2 j.nto I U2 lnches crushed otone, covered with not less than
1 1/2 lncheg coarse mixture hot bitrnlnous concrete. A11 con-
struction sha1l be done r.o&r the suPer:\rlelon and subject to the
approval of the Bulldlng Comissioner.
SECTION 14.Every person malntainlng any drlveway in the Village
shaL1 keep the same ln good condLtlon and repair, free and elear
of stone, snow, ice, grave L and other obstructLons of every kind.
SECTION 15. Before any driveway permit shal1 issue there sha11
be pald to the Village Clerk a pe rmit fee of $ 15'00
where the proposed driveway ls a private driveway to res
propetty and is not over 16 feet in width, and will not
or elevate the established grade of the sldewaLk, then t
except that
ldentiaL
depress
he pe:mlt
fee shall be $5.00 . No permlt fee shall be charged
where applicant has obtained a buildlng pennit for new construction.
Bulldtng permlt fee shall inelude driveway fee.
SECT N 16.It sha11 be unlawful Eo deposit on a publlc sidewalk
any oaterial which rnay darnage it, or any waste material or glass or
other articles which might cause injury to persons, animals or ProPetty.
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SECTION 17. It shall be unlawful to walk upon or drive any vehicle
or antnal t4ron, or lnJ ure any newly laid street or s iderralk paveoent
whl1e the same is guarded by a warning 6ign or barrlcade, or
loowingly to lnjure any soft or newly laid paveoent.
SECTION L8. A11 sidewalks sha1I at all times be kept ln good rs-
palr by the abutttng ov,rners at their own expense.
It sha11 be unlawful,
To deposlt, throw or place upon any public sldewalk,
screet, alley, parkruay or public place any lraste,
garbage, ashes, clnders, barre11s, coobustibles or any
other article which might obstruct or inEerfere with
the uee of the street or which might cause lnJury to
peraons, vehieles, anima Ls or property. Garbage
pickup shall be the curb 1ine.
a.
b. To congregate or aaseoble in or upon any of the pubIlc
streets, a11eys, sidewalks, parkway or other pub1lc
places in the Village in such a Eanner as to obstnrct
or lnterfere wlth the passage of vehicles or pelaong
or in such a rulnner as to disturb or threaten the publ,ic
Peace.
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c. Engage in any garoe, sport, a[us@nt, exhibltion
or show upon any publlc street, sidewal.k, alley,
parkway or public way ln srrch a oanner as to interfere
with the passage of vehicles or persons using same.
d. No pereon sha1l use or ride a skateboard on any
prlblic atreet in the Vi11age. A eksteboard is a
board of any materlal to which ro1ler skate or
sinllar wheels are attached.
(1) Any child rmder the age of slxteen years,
who shall violate the provl.slons of sub-
paragraph d shall be warned by any pollce
officer who shal1 diseover any such vlolation,
forthwlth to cqly irith the provlelons of such
sectioa and to deslst from further vLolatlon
thereof. In caae any parent, guardLan,
custodl.an, or person ln control or charge of
such child shall knowingly penntt such chlld
again to vlolate the provislons of such
section, such parent, guardian, custodiao
or person in control or charge of such chlld,
sha1l be subject to the penaltles set forth
in this Ordlnance.
e.To encuober or ob8truct or cause to be encr.uabered
or obstructed any street, alley, parkway or
public place with any bulldlng rnaterial, rnerchandl.se
or artlcles of any kind withouE fl.rst having obtaLned
a perrnlt therefor from the Buildlng Counissioner;
provided rnerchandlse or other articles for delivery
may be deposited for not more than one half hour on
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Bldewalks preParatory to delLvery; provided that
the usable width of the walk is notttrereby reduced
to less than two (2) feit.
SECTION 20. It sha11 be unlawful for a persoo to uae any 6treet,
alley, sidewalk, parkloay or other public pLace as space for the
dtsplay or sale of roerchandise, or for peddllng netchandise; or to
wrlte or nark any signs or ads on such place.
SECTION 21. It shal1 be rmlawful to dig up, into or daage any
street, sidewaLk, a1Ley or public place.
SECTION 22. It sha11 be rmlawful for any Person to cause, create
or malntain any obstructlon of any street, alley, sidewalk,
parlravay or public way excePt as m'y be authorized by ordinance,
permit or by the President and Board of Trustees.
SECTION 23.Any person laying or repairing any Paveoent on or in a
street, alley, sidewalk, parkway or public vray' or maklng any
excavation in any such pLace, shall naintain suj.table barricades
to prevent injury to 8ny person or vehicle by reason of the work.
Such barrlcade sha1l be narked by a light at ntght.
SECTION 24. It shall be r.rnlawful to disturb or interfere with a
barrlcade or light lawfully placed to protect or mark new Pt@nt
or excavations or opening in any street, a1ley or sldewalk.
SECTION 25.It is unlawful to park any vehicle on any public
hlghway for a period of three minute s at any tire after sno!,t
begtns to fall and for a perLod of 24 hours after snow stops
fa11ing, if the snow on the street exceeds 2 tnch es in depth,
provided that said 24 hour parking restriction shalL contioue
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durlng snoi, retnoval operatlons until coryleted. As an exeeption
to the provlsions hereof, any vehicle nay park for a period of
time not to exceed 30 minutes for loading and unloading properEy.
SBCTION 26.1. No parade or procession shall be allowed on any
public way, park or playground, nor shall any open air public
eeeting be held in or upon a public way, park or pl.aygroturd rmtil
a pemit ln lrriting therefor shal1 first be obtained from the
Po1lce Chief.
2. Application to conduct such parade, procession
or public rneetlng sha11 be nade in writlng to rhe police Chief
at least L5 days prior to the event by the person or peraons
tn charge, control or responsible therefor.
(a) Parades or processions: Shall set forEb the
route, starting tirrc, duration, purpose, rlane
of person or persons or organization Ln control
or responslble therefor, and approxi.oate number
of persons invo lved.
(b) Open air meeting: Shall set forth place, purpose,
tfu[e, duration, nane of person or persons or
organizatlon in control or responsible therefor.
3. The police Chief or an officer delegated by hirn
shaLl forthwith lnvestigate the person, persons or organlzatlon,
and the truth of the statenents made regarding the purpose. Tbe
officer in charge sha1l notlfy the chtef of his findings in writing.
If the findings are that such parade, procession or open air
meeclng is not to be held for any unlawful purpose, will not in
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any oanner tend to be a breach of the peace, will not r:nnecessarily
interfere wlth the use of the public rsays, or the peace and gulet
of the Lnhabitants rhereof, the police chief shall issue a pemlt.
4. In the evenE the police Chief refuses to Lssue a
permlt, the applicanr shall h^ave the righc to appear before the
Presldent and Board of Trustees at any special or regular 'aeetlng
and be heard on alL aepects of the application. The Coraorate
Authorities rnay conffum the order of the Chief or -ay overrule
the Chief and order the lssuance of a pernit.
SECTION 27. A11 Ordinances or parts thereof in conflict with
the provisions of this Ordlnance are hereby repealed.
SECTION 28. Whenever ln this 0rdioance any act is prohibited or
is made or declared unlawful or the failure to do any act is
unlawful and where no speciflc penalty is provided therefor, the
violation sha11 be punlshed by a fine not less than $10.00 nor
rnc,re th:rn $500.00. Each day any violation continues ehall be
considered a separate offense.
SECTION 29. Should an y section, paragraph, clause, phrase or
word of thl.e ordlnance be declared invalid, such invaltdlty ehall
not affect any of the reoaLnlng words, sectlons, phrases or clauges.
This Ordlnance shall be ln fu11 force and effect
from and after lts passage, approval and publlcation as requlred
by 1aw.
Passed ghls 2oltday of JANUARY L966.
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APPROVED:
A
\-_-*Clerk
published: pAIr{pHLET FORM -11-
ABSEMT: ONE
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