City Council:
AN ORDINANCE AMENDING CHAPTER 227,
§227-55 OF THE CITY CODE OF THE CITY OF
MOUNT VERNON (DRIVING VEHICLES OVER
SIDEWALKS - ADDED PENALTY PROVISION)
WHEREAS, in correspondence dated January 29, 2026, the Commissioner of the Department of Public Works formally requested authorization to amend Chapter 227, §227-55 (Driving Vehicles Over Sidewalks - added penalty provision) of the Code of the City of Mount Vernon concerning permits for the obstruction or occupation of public streets and sidewalks; and
WHEREAS, Chapter 227 of the Code of the City of Mount Vernon regulates traffic and the use of public streets and sidewalks; and
WHEREAS, §227-55 of the City Code prohibits the driving of vehicles upon or over sidewalks or flag walks except where expressly authorized by permit or where such sidewalk forms part of an authorized driveway; and
WHEREAS, §227-55 currently contains operational and enforcement language but does not include a specific penalty provision within the section itself; and
WHEREAS, the absence of a fixed penalty within §227-55 has created inconsistency in enforcement and uncertainty as to the consequences of violations; and
WHEREAS, the Department of Public Works has recommended that a clear, fixed penalty be added to §227-55 to promote consistent enforcement, enhance deterrence, and provide clear notice to the public; and
WHEREAS, the proposed amendment retains the existing regulatory language of §227-55 in full and adds a specific fine applicable to violations of that section;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON AS FOLLOWS:
Section 1. Amendment to City Code Chapter 227, §227-55 (Driving Vehicles Over Sidewalks). Chapter 227, §227-55 of the Code of the City of Mount Vernon is hereby amended by adding a new penalty provision at the end of the section, to read as follows:
§227-55. Driving vehicles over sidewalks. -- [Existing language to remain unchanged]
No person shall at any time drive any vehicle, whether operated by gasoline, electricity, or steam, upon or over any sidewalk or flag walk without first obtaining a permit in writing from the Commissioner of Public Works. This section shall not apply to any driving upon any sidewalk or flag walk which forms part of any authorized driveway leading from any street to the abutting property.
The physical presence of any motor vehicle on any lot or parcel of land abutting a public street, which lot or parcel of land has no driveway leading from any adjoining property or no authorized curb cut abutting said parcel or lot of land, shall be presumptive evidence that the said motor vehicle was driven thereon by the owner of said vehicle under his direction or by his consent in violation of Subsection A of this section. Any person violating this section shall be punishable in accordance with Article II, Chapter 1 of the Code.
Section 2. Amendment to City Code Chapter 227, §227-55. §227-55 of the City Code of the City of Mount Vernon is hereby amended by adding the following provision to read as follows:
Any person who violates this section by driving or permitting a vehicle to be driven over a sidewalk area without lawful authorization or a required permit shall be subject to a fine of two hundred fifty dollars ($250) for each offense. Each occurrence shall constitute a separate offense.
Section 3. Severability. If any clause, sentence, paragraph, subdivision, or part of this ordinance or its application shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part thereof directly involved in the controversy.
Section 4. Effective Date. This ordinance shall take effect immediately upon adoption by the City Council and subsequent approval by the Board of Estimate & Contract.
New Matter Underlined
Deleted Matter in Brackets [ ]