Public Notice: Town of Riverhead — notice of adoption of change to Chapter 237 entitled “Highways, Streets and Sidewalks” of Town Code

TOWN OF RIVERHEAD

NOTICE OF ADOPTION

 

PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead adopted a local law amending Chapter 237 entitled “Highways, Streets and Sidewalks”, of the Riverhead Town Code at its meeting held on April 3, 2018.  Be it enacted by the Town Board of the Town of Riverhead as follows:

 

Chapter 237 Highways, Streets and Sidewalks

Article IV: Obstructions

§ 237-10. Certain deposits, obstructions and encumbrances prohibited Snow and ice removal for commercial premises; sidewalk maintenance.

The deposit of dirt, filth, waste, rubbish, snow and merchandise displayed for sale in any street, highway, sidewalk or public place, or the encumbering thereof by an encroachment of buildings, structures, excavation or otherwise, is hereby prohibited.

 

A.  It shall be the duty of all owners, occupants or persons charged with control of stores, shops and other commercial premises, including churches, any public building or vacant lots located within any business, commercial or industrial zone, during the winter season or during the time of snow to keep and maintain the sidewalks adjacent thereto free from obstruction by snow or ice and icy conditions, and shall at all times keep the sidewalk in good and safe repair and maintain it in a clean condition, free from filth, dirt, weeds or other obstructions or encumbrances.

 

B.  In addition to the duties set forth in §237-10 (A), all owners, occupants or persons charged with control of stores, shops and other commercial premises, including churches, any public building or vacant lots located within any business, commercial or industrial zone shall provide snow and ice removal and the immediate area surrounding any bus shelter, be it located on or fronting said property, as part of and in conjunction with its obligation to maintain its sidewalks free of snow. The duty to remove snow and ice from immediate area surrounding bus shelter shall include the area between the sidewalk and bus shelter so persons may safely gain access from the sidewalk to the bus shelter.

 

§ 237-11. Snow and ice removal; sidewalk maintenance. Snow and ice removal for residential premises; sidewalk maintenance.

 

Each owner or occupant of any house or other building, and any owner or person entitled to possession of any vacant lot, and any person having charge of any church or any public building in the Town shall, during the winter season or during the time snow shall continue on the ground, keep the sidewalk in front of the lot or house free from obstruction by snow or ice and icy conditions and shall at all times keep the sidewalk in good and safe repair and maintain it in a clean condition, free from filth, dirt, weeds or other obstructions or encumbrances.

 

It shall be the duty of all owners or occupants of any house and any owner or person entitled to possession of any vacant lot within a residential zone, during the winter season or during the time of snow to keep and maintain the sidewalks adjacent thereto free from obstruction by snow or ice and icy conditions, and shall at all times keep the sidewalk in good and safe repair and maintain it in a clean condition, free from filth, dirt, weeds or other obstructions or encumbrances. Snow and ice shall be removed within 24 hours after snow has ceased to fall, except all owners or occupants of property located within a half mile of any school shall be required to maintain the sidewalks adjacent thereto free from obstruction by snow, ice and icy conditions at all times school is open. In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified above, be strewn and kept strewn with sand or other suitable material, so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice, and other materials strewn thereon, as provided in this local law.

§ 237-12 Depositing of snow prohibited.

No person shall shovel, plow or otherwise deposit snow onto any sidewalk, street, public place or shovel, plow or deposit snow on property owned by any other person or entity in the Town of Riverhead.


§ 237-12 13. Obstructing sidewalks prohibited; exception. Deposits, obstructions, encumbrances prohibited on sidewalks, streets and public places; exceptions.

No person who is the owner, occupant or lessee of any premises abutting on any street, road, highway or parkway in the unincorporated area of the Town shall place, keep, permit or suffer to be placed or kept on any sidewalk in front of, adjoining or adjacent to his premises any goods, wares, merchandise, boxes, barrels, display signs or material things of any kind or description, nor shall he in any manner obstruct any sidewalk nor in any manner obstruct or interfere with the use of any sidewalk, but nothing contained in this section shall prevent persons from placing goods, wares, merchandise or household furniture on a sidewalk temporarily while loading or unloading it if it is done without unnecessary delay and if such goods, wares or merchandise are not allowed or permitted to remain on the sidewalk for a longer period than one hour.

No person shall do or cause to be done any act or thing which shall cause or contribute to a condition in, within or upon any street, highway, sidewalk or other public way which shall be dangerous to the health, safety or welfare of persons using the same or impair the public use thereof or obstruct or tend to obstruct or render the same dangerous for passage, including but not limited to, the deposit of snow onto any roadway; deposit of dirt, filth, waste, or rubbish; display of merchandise, signs, boxes or material things of any kind; and, encumbering thereof by an encroachment of buildings, structures, excavation without or in violation of road opening permit or otherwise. Nothing contained in this section shall prevent persons from placing goods, wares, merchandise or household furniture on a sidewalk temporarily while loading or unloading it if it is done without unnecessary delay and if such goods, wares or merchandise are not allowed or permitted to remain on the sidewalk for a longer period than one hour

§ 237-14 . Penalties for offenses.

Each violation of this article shall be punishable as follows:

A. For the first offense, no less than $250 but no more than $2,500. Each day (24 hour period) any and all violations defined herein in this Chapter continue to exist shall constitute a separate additional offense subject to the penalty provisions in §237-14 (B) and (C) as applicable.

 

B. For the second offense, no less than $750 but no more than $2,500.

 

C. For the third offense or subsequent offense all of which are committed within a period of 30 days, no less than $1,000 but no more than $2,500.

 

 

·   Overstrike represents deletion(s)

·   Underscore represents additions(s)

·    

 

Dated:  Riverhead, New York

              April 3, 2018

 

BY ORDER OF THE TOWN BOARD

                                                                              OF THE TOWN OF RIVERHEAD

DIANE M. WILHELM,Town Clerk