Chapter 44

CHAPTER 44

STREETS AND PUBLIC PLACES

ARTICLE I

GENERAL PROVISIONS

§ 44.1 Title

This Chapter shall be known and may be cited as the "Village of Mineola Streets and Public Places Law".

§ 44.2 Definitions

As used in this Chapter, unless the context or subject matter otherwise requires, the following words shall have the following definitions:

PERSON: Includes natural persons, firms, corporations and associations.

PUBLIC PLACE: Shall mean streets, roads, avenues, sidewalks, thoroughfares, highways, parks, parkways, alleys, squares, plazas and any and all places not exclusively subject to private ownership, occupation or control.

BUILDING: Shall mean any erection of material to form a shelter of any kind, including, among other forms of shelter, tents, trailers, garages, barns, stables and other out buildings.

VEHICLE: Shall mean any device in, upon or by which any person or property is or may be transported or drawn upon a public highway, regardless of its means of propulsion, except a baby carriage and devices used exclusively on stationary rails or tracks.

§ 44.3 Obstructions

No person shall encumber, obstruct or use any street, highway or sidewalk in such a manner as to hinder, impede, delay or interfere with the free flow of traffic thereon nor place or deposit any merchandise, building material or other thing in or upon any street, highway or sidewalk without first having obtained the written permission of the designated Enforcement Officer.

§ 44.4 MUNICIPAL CODE

§ 44.4 Depositing destructive matter

No person shall place, drop or throw any glass, nails or other destructive matter in any public place or leave or permit any such article or matter to remain thereon.

§ 44.5 Animals or vehicles crossing sidewalks or curbs

No person shall lead, ride or drive any horse, livestock or domesticated or wild animal of similar size, nor permit or suffer any vehicle to be driven or to otherwise pass or go over or upon any footpath or sidewalk or curb, except to cross said footpath or sidewalk or curb over a driveway duly established and regularly used for ingress and egress.

§ 44.6 Playing on sidewalks and streets

No person shall engage in ball playing or other sports and amusements upon any sidewalk or any street nor use any footpath or sidewalk for bicycling or roller skating.

§ 44.7 Parades and exhibitions

No person shall hold, take part or engage in arty parade, exhibition or entertainment in any public place without a written permit from the Board of Trustees.

§ 44.8 Bill posting, etc.

A. No person shall post, place or hang or cause to be posted, placed or hung any handbill, notice, sign or placard upon any post, telegraph, telephone or electric light pole, tree, fence, bridge, wall or other object in or upon any public place or upon any other premises or thing without the consent of the owner thereof.

B. This section shall not apply to the posting of any legal notice as prescribed by law.

§ 44.9 Excavations within highway right of way

A. Definitions.

For the purposes of this section, unless the context or subject matter otherwise requires, the following terms shall have the following meanings:

STREETS AND PUBLIC PLACES § 44.9

DISPLACEMENT OF SOIL: The breaking or opening of the unpaved portions of the highways of Mineola for any purpose.

EXCAVATION: The breaking or opening of the pavement of the highways of Mineola for any purpose.

HIGHWAY: The entire width between the boundary line of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.

PLACEMENT OF STRUCTURES: The placement of any structure within a highway, such as but not limited to telephone poles or other utility poles and/or any wires and anchors used to support telephone poles or other utility poles and the cables appurtenant thereto.

B. Permit required.

No person shall excavate, displace soil or place structures within or on the highways or public places of the Village of Mineola without first having obtained a permit from the appropriate Enforcement Officer.

C. Application; deposit; insurance.

Upon application in writing, on forms supplied by the Superintendent of Public Works, filed with the Department of Building and Code Enforcement, stating the purpose, extent, location and nature of a proposed excavation, displacement of soil or placement of structures on or within the highways of the Village of Mineola, the designated Enforcement Officer may grant or refuse a permit therefor. Except where such excavation, displacement of soil or placement of structures shall be directly authorized by law, the Enforcement Officer shall require the applicant to deposit with him or her a sum of money or bond which shall be adequate to pay all of the expenses to which the Village will be put to replace the affected portion of the highway in a condition equivalent to that existing prior to said excavation, displacement of soil or placement of a structure. The unexpended balance, if any, shall be refunded to the applicant‑depositor. Each applicant shall file a certificate of insurance evidencing that an insurance policy insuring the Incorporated Village of Mineola in the sum of One Hundred Thousand/Three Hundred Thousand Dollars ($100,000.00/$300,000.00) for personal liability and Twenty‑five Thousand Dollars ($25,000.00) for property insurance.

§ 44.9 MUNICIPAL CODE

D. Fees.

Except where otherwise provided by law, or where permits as above are granted for work done at the direction of the Superintendent of Public Works, each application for a permit shall be accompanied by a fee established by Resolution of the Board of Trustees. A permit for each individual excavation, displacement of soil or placement of a structure on or within the highways of Mineola shall be required. The Superintendent of Public Works, in his or her discretion, may provide for monthly billing for applicants requiring numerous permits on a frequent basis.

E. Notice to public service corporations.

No work shall be commenced under any permit granted pursuant to this section unless or until such notice as shall be directed by the Superintendent of Public Works shall have been given to public service corporations having lines, mains or other property on or in the highways.

F. Safeguards.

All excavations in the highways shall be surrounded by suitable barriers or guards, for the protection of persons using the highways, in the daytime and, in addition thereto, by lights or flares from twilight continuously until daylight. Such barriers and lights shall conform in kind and numbers to the requirements of the Superintendent of Public Works. Failure to provide barriers and lights conforming to the requirements of the Superintendent of Public Works shall be prima facie evidence of a failure to provide suitable barriers and lights.

G. Inspection; restoration; maintenance.

All permits granted for Village street, highway or sidewalk excavations for any purpose shall be conditioned upon the adequate inspection, at the expense of the applicant, of the property of the Village and public service corporations. All excavations shall be backfilled properly upon completion and a written notice thereof given to the Superintendent of Public Works. All permittees are to prepare pavements as follows: All types of roads, with the excep- tion of concrete, shall be replaced with a subbase of concrete six (6) inches in depth and surfaced with blacktop not less than two (2) inches in depth. Concrete roads shall follow the Nassau County specifications of one or two to four (1 or 2 to 4) reinforced

STREETS AND PUBLIC PLACES § 44.10

concrete. All excavation shall be maintained by the permittee for six (6) months after such notice of completion has been given, and in the event of failure to maintain same, the Superintendent of Public Works may make the necessary repairs at the expense of the permittee.

§ 44.10 Shopping Carts

A. Leaving of carts in public places.

It shall be unlawful for any person, his agent or employee to leave or to suffer or permit to be left any shopping carts, wagon or other similar movable vehicle, either owned by him or in his possession, custody or control, upon any public place within the Incorporated Village of Mineola (hereinafter the "Village").

B. Removal by Village.

The Superintendent of Public Works shall remove or cause to be removed any shopping cart, wagon or other similar movable vehicle found upon any public place within the Village and shall take or cause such property to be taken to premises of the Village where it shall be held until redeemed or sold, as hereinafter provided.

C. Notice to Owner.

Whenever the Superintendent of Public Works shall take and hold any shopping cart, wagon or other similar movable vehicle containing identification of ownership or right to possession, a notice shall be sent by mail or delivered to such person, advising that such property is held by the Superintendent of Public Works and advising the amount necessary to redeem such property.

D. Sale at auction.

The Village Clerk may sell at public auction any shopping cart, wagon or other similar movable vehicle which remains in the custody of the Superintendent of Public Works for a period of fifteen (15) or more days after removal. The Village Clerk shall cause notice of public auction to be given by printing such notice in a publication of general circulation within the Village at least ten (10) days prior to such public auction. Such notice shall contain the time and place of the public auction and a general description of the property to be sold. The public auction shall be conducted by the Village Clerk or his designee.

Supp. #5, 1/29/2001

§ 44.10 MUNICIPAL CODE

E. Redemption prior to sale.

Such shopping cart, wagon, or other similar movable vehicle may be redeemed by the owner or custodian thereof at any time prior to the sale thereof or the dismantling or otherwise disposal thereof, by tendering to the Clerk of the Village, at his office during regular business hours, the sum of ten dollars ($10.00) per cart, shopping cart, wagon or other similar movable vehicle, plus the sum of one dollar ($1.00) per day for each day or part thereof over two (2) that each such item is held by the Superintendent of Public Works. In addition, the person seeking to redeem shall be required to pay the pro rata cost of advertising the sale of such property, if any. Any return of property by the Clerk to a person pursuant hereto shall be an absolute defense to the Village against any other person claiming to be entitled thereto.

F. Disposal of unsold property.

In the event that a shopping cart, wagon or other similar movable vehicle taken into Village custody pursuant to this Chapter shall remain unsold at public auction, the Village Clerk may reoffer it for sale at a subsequent public auction held pursuant to this Chapter he may dismantle or otherwise sell or dispose of such property. Any such sale or other disposition of such property pursuant to this Chapter shall be without liability on the part of the Village to the owner of such property or other person lawfully entitled thereto or having an interest therein. [§ 44.10 added LL # 28, 2000, 6/21/2000.]

Supp. #5, 1/29/2001

STREETS AND PUBLIC PLACES § 44.23

ARTICLE II

SIDEWALKS AND GENERAL SPECIFICATIONS

§ 44.21 Cleaning sidewalks

No person occupying any private dwelling and no person owning or exclusively controlling any other premises, either vacant or improved, shall permit any sidewalk in front of or contiguous to such premises to remain covered, obstructed or encumbered with ice, snow, dirt, filth, weeds, rubbish, litter, debris or other obstructions or encumbrances for more than two (2) hours after a reasonable opportunity has been had to remove same.

§ 44.22 Repair and maintenance of sidewalks, paths and/or public

thoroughfares

No person owning and/or occupying any premises shall allow any sidewalk, path and/or public thoroughfare in front of or contiguous to such premises to become or remain in any condition which might reasonably endanger any person, after receiving actual or constructive notice thereof. If such sidewalk, path and/or public thoroughfare shall not have been repaired or put in a safe condition within a reasonable time after receipt of such actual or constructive notice, the Board of Trustees may serve a notice upon the owner or occupant of such premises, specifying the place, manner and time, not less than twenty-four (24) hours, within which said sidewalk, path or public thoroughfare is required to be repaired or put in a safe condition. If the owner and/or occupant of such premises shall not repair the sidewalk, path and/or thoroughfare within the time required by the notice, the Board of Trustees may cause the repairs to be made to the sidewalk, path and/or public thoroughfare or to be otherwise put in a safe condition and assess the expense thereof upon the adjoining land, and such assessment shall be made and collected in the same manner as the making and collection of any other assessment as prescribed by the provisions of the Village Law. [Amd. LL #11, 92, 9/9/92.]

§ 44.23 Liability of owners and/or occupants of premises abutting

sidewalks, paths and/or public thoroughfares

In the event that the owner and/or occupant of any premises abutting a sidewalk, path and/or public thoroughfare shall fail to comply with the provisions of §43.22 of this Article, and personal injury or property damage shall result from such failure, said

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STREETS AND PUBLIC PLACES § 44.25

Board of Trustees.

E. Curb cut permit.

The application for such permit shall be accompanied by a fee and a cash deposit established by the Board of Trustees to ensure proper restoration. The deposit shall not be returned until the restoration has been approved by the Board of Trustees.

F. Restoration.

If a restoration acceptable to the Board of Trustees is not made within a reasonable time after notice to the depositor, the Board of Trustees may cause a proper restoration to be made and the deposit to be applied to the cost thereof.

§ 44.25 General specifications

A. Sidewalks.

1. All sidewalks shall be constructed in accordance with the lines and grades furnished by the Village Engineer and the specifications on file in the Office of the Superintendent of Public Works. In the absence of such specifications, the specifications of the New York State Department of Transportation shall be deemed sufficient.

2. All stakes for lines and grades set by the Village Engineer shall be left undisturbed until after the Enforcement Officer has inspected and approved the construction.

3. All sidewalks constructed within areas designated as Residential Districts on the Official Zoning Map of the Village of Mineola shall be four (4) feet in width and all sidewalks constructed within areas designated as Business or Industrial Districts on said Zoning Map shall be at least ten (10) feet in width, except where physical conditions prevent construction of a sidewalk of that width, and under such conditions the sidewalk shall be as wide as the physical conditions permit.

B. Curbs.

1. All curbs shall be constructed in accordance with the lines and grades furnished by the Village Engineer.

§ 44.25 MUNICIPAL CODE

2. All stakes for lines and grades set by the Village Engineer shall be left undisturbed until after the Enforcement Officer has inspected and approved the construction.

3. All curbs shall be at an elevation of two (2) inches below the inside edge of sidewalks, unless otherwise specified by the Village Engineer.

4. The foundation shall be an eight‑inch bed of gravel or cinders.

5. The curb shall be eighteen (18) inches in depth, six (6) inches wide at the top and nine (9) inches wide at the bottom.

6. The specifications governing sidewalk construction shall also apply to the curbs. Corners are to be neatly rounded and trimmed. A three‑quarter‑inch expansion joint shall be cut through the entire curb at least every fifty (50) feet.

7. The inside face of the curb shall be vertical.

C. Combined Curb and Gutter.

1. All curb and gutter shall have a width of three (3) feet from the outer edge of the gutter to the back of the curb.

2. The specifications governing sidewalk construction shall also apply to the curb and gutter. A three‑quarter‑inch expansion joint shall be cut through the entire combined curb and gutter at least every fifty (50) feet. All corners and edges are to be neatly rounded and trimmed.

D. Gutters.

1. All gutters shall have a width of two (2) feet six (6) inches from the outer edge of the gutter to the outer surface of the curb.

2. The specifications governing the construction of sidewalks shall also apply to the gutter.

E. Aprons, ramps or driveway approaches.

All aprons, ramps or driveway approaches shall conform to the aforementioned plans and to the specifications governing the construction of sidewalks shall apply to the ramp, apron or

STREETS AND PUBLIC PLACES § 44.25

driveway approach.

F. Bituminous penetration pavement.

1. Trench.

A trench shall be prepared and a foundation course of trap rock or dolomite, of which the largest stone shall not be more than two and one‑half (2 ½) inches nor the smallest less than two (2) inches, shall be spread to a uniform depth of five (5) inches, loose measure. This stone shall be placed with forks and in no case combed down and spread outward from the pile as originally dumped from the truck. The utmost care shall be exercised to place this stone in position free and clean.

2. Rolling.

When the above course is placed, true to form and grade, it shall be lightly rolled until the stone has been settled and keyed into place, care being exercised to secure a condition wherein the surface is still open and porous to allow the penetration of the binder. The rolling shall begin at the side of the pavement and continue toward the crown. If any unevenness or depressions appear during the rolling, extra stone shall be added to remedy the same. The above course shall not be rolled unless the stone is perfectly dry.

3. Application of bituminous penetration.

An application of Texaco No. 96 Paving Cement, or equivalent, at a temperature of not more than three hundred twenty‑five degrees Fahrenheit (325° F.) or less than two hundred fifty degrees Fahrenheit (250° F.) shall be spread upon the surface of the stone. This bituminous penetration shall be spread from a mechanical pressure distributor, with a spreader nozzle, in the proportions of one and three fourths (1 3/4) gallons to a square yard. It shall be spread in such a way as to secure uniformity of distribution and to coat the surface of the stone adjacent to the voids. Additional quantities shall be used if necessary to properly cover the stone. The unit of measure for the Bituminous Road Binder shall be the U.S. Gallon at a temperature of sixty degrees Fahrenheit (60° F.).

4. Second application of stone.

Immediately after the application of the binder to the top

§ 44.25 MUNICIPAL CODE

course, clean, dry three‑quarter‑inch trap rock stone or dolomite of the character specified above and free of dust, shall be spread thereon in such quantities as will completely fill the voids, take up the excess binder and prevent any binder sticking to the wheels of the roller. This course shall then be rolled until the same is thoroughly bonded and yielding to a firm, smooth surface. If any unevenness or depressions appear during rolling, suitable material shall be added to remedy same.

5. Second application of binder.

The surface shall be broomed free of all loose stone and a coating of hot bituminous material uniformly applied in the proportion of three‑quarters (3/4) of a gallon to the square yard, or sufficient to completely coat the surface. Clean, dry three‑eights‑inch trap rock, dolomite, stone or screenings, free of dust, shall then be spread over the hot binder insufficient quantities to fill all voids, take up the excess binder and protect the pavement while setting up. The surface shall then be thoroughly rolled to embed the stone coating and form a compact, smooth pavement. All stones shall be subject to inspection by the Engineer.

6. Seal coats.

When the surface is ready to be finished, it shall be broomed clean and free of impervious dust or any foreign matter or refuse that might obstruct or retard the penetration of the seal coat, and rolled. The seal coat shall be applied and spread with squeegees or brooms in a quantity averaging one‑third (1/3) of a gallon liquid asphalt to the square yard or sufficient to completely coat the surface. Clean, dry, hard, screened sand shall then be evenly spread over the surface in sufficient quantity to absorb any excess binder, and the pavement shall then be rolled until smooth and thoroughly bonded. Public traffic shall be suspended during the application of the seal coat.

G. Reinforced concrete pavement.

1. Subgrade.

The roadway to be improved shall be brought to subgrade. The cross section shall conform in every respect to the desired cross section of the pavement when completed, and shall be thoroughly rolled, with a roller weighing not less than ten (10) tons; all

STREETS AND PUBLIC PLACES § 44.25

places that cannot be rolled shall be rammed.

2. Spongy ground.

Whenever soft clay or spongy ground that will not compact under the roller is encountered, it shall be removed and the excavation filled with suitable materials and then thoroughly rolled or rammed before the concrete foundation is laid.

3. Fill.

Fill shall be spread in layers not more than twelve (12) inches thick across the entire width of embankment and each layer shall be thoroughly compacted and rolled with a ten (10) ton roller. Fill shall be brought several inches above subgrade and allowed to settle as long as possible before placing permanent pavement thereon.

4. Subdrainage.

a. When soil is of such character that it retains an excessive amount of moisture (such as clay), is subject to swelling and heaving under the action of frost, or consists of sands that do not afford a ready natural drainage, subdrains and side drains shall be provided.

b. Soils that do not readily drain shall be covered with a layer of cinders or gravel at least six (6) inches in depth. This layer shall be thoroughly compacted by rolling.

c. Cost and extent of subdrainage will be determined upon agreement between the contractor and the Village, as conditions arise.

5. Pavement section.

The pavement shall be not less than six (6) inches in thickness and of width and crown as shown on the general construction plans on file in the Village Office. The pavement shall be constructed in longitudinal lanes of a width of not less than ten (10) feet and not more than one‑half (½) the width of the entire pavement. Longitudinal construction joints must be sealed with a suitable bituminous material before pavement is opened to traffic.

§ 44.25 MUNICIPAL CODE