[Adopted 4-18-1995 by Ord. No. 1995-6]
For the purposes of this article, the following
terms shall have the meanings indicated:
Any area not on a street of the Borough which is intended
or used for storage or parking of vehicles.
A path or footwalk for public use located between the curbline
and right-of-way line of any public or municipality maintained roadway.
The portion of a public or private way used or intended to
be used for passage or travel by automotive vehicles and to provide
access to abutting properties.
A.Â
It shall be the duty of the owner and occupant, jointly
and severally, of every parcel of real estate adjoining a public sidewalk,
whether the parcel of real estate is occupied by a structure or not,
to keep such sidewalks adjoining such property free from snow and
ice for the width of the sidewalk or for a width of three feet, whichever
is less, for the entire length of the sidewalk adjoining said real
estate.
B.Â
Except as provided in Subsection D hereof, snow and ice shall be so removed from the sidewalks of all business and commercial premises within the Borough within six hours after the cessation of any fall of snow, sleet or freezing rain; provided, however, that snow or ice that has ceased to fall or to be formed after 6:00 p.m. of any evening may be removed at any time before 12:00 noon of the following day.
C.Â
Except as provided in Subsection D hereof, snow and ice shall be so removed from all other sidewalks within the Borough within 18 hours after the cessation of any fall of snow, sleet or freezing rain.
D.Â
However, in the event that snow or ice on a sidewalk has become so hard that it cannot be removed without the likelihood of damage to the sidewalk, the person or entity charged with its removal shall, within the time mentioned in Subsection C hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe and shall then, as soon thereafter as weather permits, cause said sidewalk to be thoroughly cleaned.
The owners or occupants of buildings adjacent
to public sidewalks shall prevent the falling of snow, ice or water
from such buildings upon said public sidewalks.
No person, partnership, corporation, joint-stock
company, syndicate or private contractor shall deposit or cause to
be deposited any snow or ice in the following places:
A.Â
On or against any fire hydrant.
B.Â
On any portion of a street.
C.Â
On any place which this article or any other order,
rule, regulation, resolution, ordinance or statute of the Borough
of Old Forge or of any other rule or lawmaking body whose jurisdiction
extends in any way to the geographical area encompassed by the Borough
of Old Forge, Pennsylvania, requires to be kept clear of snow or ice.
D.Â
On any parcel of real estate without the express permission
of the owner of the parcel of real estate upon which the snow or ice
is to be placed.
No person, partnership, corporation, joint-stock
company, syndicate or other, as the case may be, shall cause the accumulation
of snow and ice on any street or roadway in such manner as to endanger
pedestrians or obstruct the vision of motorists. In no event shall
snow or ice be or be caused to be piled on any corner by any person,
partnership, corporation, syndicate or other, as the case may be,
within 10 feet of any intersection, in excess of four feet in height,
which would tend to obstruct a motorist's vision.
No person, firm or corporation shall pile, gather
up, plow up or force any snow or ice upon any terrace or parcel of
land within six feet of any street, avenue or roadway in such manner
as to cause the height of the snow and ice so piled, gathered, plowed
or forced to exceed three feet six inches in height above the existing
natural grade of said terrace or parcel of land within six feet of
said street.
A.Â
Whenever any person, partnership or corporation neglects
or refuses to remove any snow or ice piled, gathered or plowed up
by him/her or it in violation of this article within four hours after
a request to do so by a representative of the Borough of Old Forge,
the Borough of Old Forge may remove said snow or ice from such street
or terrace and notify the Borough Manager of the expenses incurred
by the amount of labor, equipment and materials used.
B.Â
The Borough Manager shall promptly present to the
violator of this article a bill for the costs of removal of snow and
ice. If not paid within 30 days, in the case of a property owner,
the cost thereof shall be assessed against the property and become
a lien thereon, collectible in the same manner as delinquent Borough
taxes.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be punishable by a fine
of not more than $600, and costs of such proceedings, or, upon default
of payment of such fines and costs, by imprisonment in the county
jail for a term of not more that 30 days; provided, however, that
if the Magisterial District Judge determines that the defendant is
without the financial means to pay the fines and costs immediately
or in a single remittance, such defendant shall be permitted to pay
the fines or costs in installments and over such periods of time as
the Magisterial District Judge deems to be just.
