City Council:
AN AMENDMENT TO THE CODE OF THE CITY
OF MOUNT VERNON AMENDING ARTICLE VIII -
STREET AND SIDEWALK OBSTRUCTIONS,
§227-38 - PERMIT REQUIRED, EXCEPTION
WHEREAS, in correspondence dated January 29, 2026, the Commissioner of the Department of Public Works formally requested authorization to amend Chapter 227, §227-38 (Permit Required; Penalty Provision Added) of the Code of the City of Mount Vernon concerning permits for the obstruction or occupation of public streets and sidewalks; and
The Department of Public Works respectfully submits for Council consideration a proposed ordinance amending Chapter 227, §227-38 of the City Code of the City of Mount Vernon concerning permits for the obstruction or occupation of public streets and sidewalks.
WHEREAS, Chapter 227, §227-38 of the City Code requires any person to obtain a written permit from the Commissioner prior to obstructing, encumbering, or occupying any public street, highway, or sidewalk area, subject to a limited exception for City-authorized urban beautification programs; and
WHEREAS, the current language of §227-38 does not include a specific penalty provision for violations of this permit requirement; and
WHEREAS, the absence of a clear penalty provision has created ambiguity and limited the effectiveness of enforcement efforts; and
WHEREAS, the Department of Public Works recommends the addition of a defined penalty provision to ensure consistent enforcement while leaving the underlying permit requirement and existing exception language unchanged;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Mount Vernon as follows:
Section 1. Amendment of City Code. Chapter 227, §227-38 of the Code of the City of Mount Vernon is hereby amended to delete the existing penalty provision in its entirety and to adopt the following new language in its place.
Section 2. Repeal of Existing Language. The following language of Chapter 227, §227-38 is hereby repealed:
[No person shall obstruct, encumber or occupy in any manner or for any purposes whatsoever any public street, highway or sidewalk area without first obtaining therefor from the Commissioner a written permit. No permit shall be required, however, for the placing of floral pieces along public thoroughfares in conjunction with any urban beautification program authorized by the City, except that such authorization for the placing of said items must be obtained from the City Council.]
Section 3. Amendment to City Code Chapter 227, §227-38. Chapter 227, §227-38 of the City Code of the City of Mount Vernon is hereby amended by adding the following penalty provision to read as follows:
Any person who violates this section by obstructing, encumbering, or occupying a public street, highway, or sidewalk area without the required permit shall be subject to a fine of five hundred dollars ($500) for each offense. Each day the violation continues shall constitute a separate offense.
All other provisions of §227-38, including the permit requirement and existing exception for City-authorized urban beautification programs, shall remain in full force and effect.
Section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance 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, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Section 5. Effective Date. This amendment shall take effect immediately upon adoption by the City Council and subsequent approval by the Board of Estimate & Contract.
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