[Adopted 12-8-1902 by Ord. No. 3-02; amended
in its entirety 7-1-1985 (Ch. 21, Part 5, of the 1985 Code)]
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
Any day not a Sunday or a national holiday.
Hours between 9:00 a.m. and 5:00 p.m. on any business day.
Portion of a street or highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
Natural person, partnership, corporation, association, or
any other legal entity.
Portion of a street between the curb lines, or the lateral
lines of a cartway, and the adjacent property lines, intended for
use by pedestrians.
The entire width between the boundary lines of a way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
Every person in charge or control of any building
or lot of land fronting or abutting on a paved sidewalk, whether as
owner, tenant, occupant, lessee, or otherwise, shall remove and clear
away or cause to be removed or cleared away, snow and/or ice from
a path of at least 30 inches in width from so much of said sidewalk
as is in front of or abuts on said building or lot of land.
A.
Except as provided in Subsection B hereof, snow and ice shall be removed from sidewalks within 24 hours after the cessation of any fall of snow, sleet or freezing rain.
[Amended 11-2-2015 by Ord. No. 2015-09]
B.
In the event snow and/or ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person charged with its removal shall, within the time mentioned in Subsection A hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe; and shall, as soon thereafter as weather permits, cause to be cleared a path in said sidewalk of at least 30 inches in width.
[Amended 11-2-2015 by Ord. No. 2015-09]
Every person in charge or control of any building or other structure,
whether as owner, tenant, occupant, lessee, or otherwise, shall remove
and clear away, or cause to be removed and cleared away, any accumulation
of snow and ice on said building or other structure which is liable
to fall on any sidewalk, roadway, or other public way. Such work shall
be completed within a reasonable time, but not later than 24 hours
after the cessation of any fall of snow, sleet, or freezing rain.
No person shall deposit or cause to be deposited
any snow or ice on or immediately next to a fire hydrant or on any
sidewalk, roadway, or loading and unloading areas of a public transportation
system, except that snow and ice may be mounded by the Borough on
public cartways incident to the cleaning thereof or mounded on curbs
incident to the clearing of sidewalks in business districts.
[Amended 11-2-2015 by Ord. No. 2015-09]
A.
Any owner who or which shall violate, fail, neglect or refuse to
comply with the provisions of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $450, plus costs
of prosecution and reasonable attorney fees and, in default of payment
of such fine and costs, to imprisonment for not more than five days,
provided that each day's violation shall constitute a separate
offense, and notice to the offender shall not be necessary in order
to constitute an offense.
B.
The Code Enforcement Officer or his designee(s) and the Borough police
officers are hereby duly authorized to issue a ticket in a form established
by the Borough to any owner violating the provisions of this chapter.
The ticket shall identify the address of the property where the violation
exists, as well as the nature of the violation. The ticket may either
be handed to an owner or occupant of the property, or may be affixed
to a door on the primary structure on the property where the violation
exists fronting a right-of-way, or otherwise conspicuously posted
on the property. The ticket shall instruct such violator that if he,
she or it reports to the Borough Office and pays to the Borough the
sum of up to $100 for a first offense, $200 for a second offense,
and $300 for each subsequent offense within a calendar year, within
10 days of the date of issuance of the ticket, then such payment shall
save such violator from prosecution by a citation, which prosecution
may result in court costs and attorney fees being assessed against
the violator in addition to the fine. In any event, if a ticket is
not paid in full within 10 days of issuance, the official authorized
to issue tickets shall issue a citation to the violator, or initiate
other appropriate enforcement action.
C.
Officials authorized to issue tickets may, in their sole and absolute
discretion, issue a citation or institute other appropriate enforcement
action instead of a ticket.
