Chapter 62
STREETS AND SIDEWALKS
[HISTORY: Adopted by the Town Board of the Town of Kinderhook; Art. I, 11-10-1986 as L.L. No. 7-1986; Art. II, 7-13-1987 as L.L. No. 5-1987; Art. III, 4-12-1988 as L.L. No. 1-1988; Art. IV, 6-12-1995 as L.L. No. 3-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic -- See Ch. 76.
Street development specifications -- See Ch. A85.
ARTICLE I
Block Parties
[Adopted 11-10-1986 as L.L. No. 7-1986]
~ 62-1. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
PARTY -- A neighborhood block party, celebration or event, as provided in Town Law ~ 64, Subdivision 10-b, but shall not include a garage sale, yard sale, bazaar, rummage sale or other similar activity having the principal purpose as fundraising for an individual or an organization, nor shall it include a political meeting or rally, carnival or theatrical or musical performances, such as rock concerts or similar events.
STREET -- A town street, highway or road.
~ 62-2. Permits and applications.
The Highway Superintendent shall be authorized to issue a permit for the temporary blocking of a street for the purpose of holding a party. An application for such permit shall be filed with the Highway Superintendent at least ten (10) days before the commencement of such party. Such application shall contain at least the following information: name and address of the applicant; name of the street or streets and a description of the portions thereof to be blocked; a description of the specific party to be held; and the date and the hours thereof. The application may require such additional information as the Town Board shall prescribe by resolution.
~ 62-3. Permit fee; granting of permit.
The application shall be accompanied by a fee of twenty-five dollars ($25.) which shall not be refundable in the event the permit is denied. The permit shall be granted by the Highway Superintendent upon determining that the party is authorized by Town Law ~ 64, Subdivision 10-b, and this Article. The permit shall be denied if the Highway Superintendent finds that blocking the street or portion thereof on the date requested in the application will unduly interfere with the flow of vehicular traffic or upon determining that the party is not authorized under Town Law, ~ 64, Subdivision 10-b, and this Article.
The Highway Superintendent shall advise the applicant, in writing, of the reason for denial of the application. The Highway Superintendent shall have the authority to waive the fee if the application is from a nonprofit or charitable organization.
~ 62-4. Date and hours to be specified.
A permit issued pursuant to this Article shall be valid only for the date and the hours specified thereon, which shall not be before sunrise or after sunset as determined at Albany, New York.
~ 62-5. Removal of debris.
The applicant shall be responsible for removal of litter, debris and other materials from the street or portion thereof used for the party which is attributable to or caused by the party.
~ 62-6. Obstacles.
A street or portion thereof blocked off for a party shall not be obstructed by obstacles which cannot be readily moved to allow emergency and hazard vehicles to enter it in response to an emergency.
ARTICLE II
Driveways and Accessways
[Adopted 7-13-1987 as L.L. No. 5-1987]
~ 62-7. Permit required.
No Firm, person, corporation or other entity shall construct or cause to be constructed any driveway or other access way from any private residential or farm property to a highway owned, operated or maintained by the Town of Kinderhook until first obtaining a permit for the same from the Town of Kinderhook Highway Superintendent. For the purposes of this section of the Code “farm property” is property which is used for “Farm Operations” as that term is defined in Section 81-2 of the Code. (Amended on 8/24/05 by L.L. 10-2005)
~ 62-8. Promulgation of rules and regulations.
The Town of Kinderhook Highway Superintendent shall be authorized to promulgate rules and regulations for standards for the location and construction of said accessways and shall further promulgate the necessary forms for the application and permit. Such rules and regulations shall be approved by the Town Board.
~ 62-9. Penalties for offenses.
A violation of this Article is declared to be an offense punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment of up to fifteen (15) days.
ARTICLE III
Sidewalk Maintenance
[Adopted 4-12-1988 as L.L. No. 1-1988]
~ 62-10. Duties of landowners.
It shall be the duty of the owner of every lot or piece of land in the Town of Kinderhook to keep the sidewalks in front of the premises owned by him, them or it, if any, at all times in good repair and in a safe condition for public use and free from all obstructions or encumbrances so as to permit the public use thereof in an easy and commodious manner. Said sidewalks shall be maintained and/or repaired according to construction specifications established by resolution of the Town Board and/or Town Engineer.
~ 62-11. Notice to repair.
In case any sidewalk in said town at any time, in the judgment of the Town Highway Superintendent, requires repairing or improving, said Town Highway Superintendent shall serve a notice upon the owner of the lot or piece of land in front of which such sidewalk is out of repair or in an unsafe condition requiring the owner or owners thereof, within five (5) days from the service of each notice, to repair or improve such sidewalk so as to make the same in good repair and in a safe condition. Such notice shall be served on such owner personally or by leaving the same at the residence of such owner or owners with a person of suitable age and discretion or by posting the same conspicuously on such premises or by mailing the same addressed to such owner or owners at their residence address. Where there are two (2) or
more owners of any such property, service upon one (1) of them shall be sufficient.
~ 62-12. Maintenance by town; recovery of expenses.
If any owner or owners shall neglect or refuse to repair or improve such sidewalk within the time limited therefor by said notice, the Town of Kinderhook shall forthwith make such repairs or improvements in such manner as it shall deem proper and suitable and shall file a certificate of the expense thereof, together with a description of the property in front of which such improvement or repairs were made, with the Town Clerk, who shall certify the same to the Town Board at the next regular meeting thereafter. The expense of making such improvement or repairs shall be paid by the owner of the property abutting on the sidewalk improved or repaired and may be collected in an action at law or assessed upon the adjoining land. Such assessments shall be made and taxes levied.
ARTICLE IV
No Parking
[Adopted 6-12-1995 as L.L. No. 3-1995]
~ 62-13. Prohibited parking.
It shall be unlawful for any person to park any motor vehicle on the cul-de-sac at the end of Ottoville Road, a town highway.
~ 62-14. Posting of area.
The Town Highway Superintendent shall be authorized to post said area for "no parking."
~ 62-15. Limited Parking.
It shall be unlawful for any person to park any motor vehicle on Lake Street in the hamlet of Niverville in the Town of Kinderhook for a period longer than one hour during the period 8AM to 8PM in any day.
[Adopted 7-10-2006 by L.L. No. 4-2006]
~ 62-16. Penalties for offenses.
A violation of this Article shall be declared to be an offense punishable by a fine not exceeding two hundred fifty dollars ($250.).
Article V
Regulation of Town Roads
[Adopted 5-19-2006 as L.L. No.1-2006]
~62-16. Bishop Nelson Road.
A. Four way stop signs shall be constructed and maintained at the intersection of Bishop Nelson Road and Fordham Road in the Town. Signs warning of the existence of these signs will be posted as deemed appropriate by the Superintendent of Highways of the Town.
B. Trucks, commercial vehicle, tractors, tractor-trailer combinations, tractor-
semitrailer combinations or tractor-trailer-semitrailer combinations in excess of five tons may not travel on Bishop Nelson Road in the Town. Vehicles making deliveries or pickups on Bishop Nelson Road are exempt from this regulation as are vehicles being utilized in Agricultural Activities as that term is defined in the Code.
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