This article shall be entitled the "Snow and
Ice Removal Law" of the Town of Fenton.
The purpose of this article is to establish
the responsibility for removal of snow and ice from Town sidewalks.
Owners of real property adjoining or containing
Town sidewalks shall have the responsibility for removing snow and
ice therefrom so as to ensure the safety of passing pedestrians. Said
snow and ice shall be removed as soon as practicable after a snowfall
or other event leading to the snowy or icy condition. Under ordinary
circumstances, the following guidelines shall be followed:
A. Snow shall be removed by appropriate means, such as
snow shovel or snow blower, within eight hours after the first snowfall
ends, unless the snowfall ends after sunset, in which case the snow
shall be removed within eight hours after dawn.
B. In the event that an icy condition is formed, all
reasonable means shall be taken to remove said ice or render it as
safe as possible, such as by the use of rock salt, sand or ice melter.
Said icy condition shall be alleviated as soon as possible after it
arises, and in no event no more than five hours thereafter or within
five hours after dawn if the condition occurs overnight.
The Town of Fenton shall not be liable for any
injuries resulting from the failure to remove any snow or ice from
sidewalks within the Town under any conditions. Said liability shall
be the sole responsibility of the property owner of the premises adjoining
the Town sidewalk, provided that this article shall not be deemed
to enlarge or create any rights or causes of action respecting any
such actual or potential liability.
Violations of this article shall be punished
by a fine of at least $25 for the first such offense within a period
of five years; a fine of at least $100 for the second such offense
within a period of five years; and a fine of at least $300 for the
third and subsequent such offenses within said five-year period. In
addition, upon any property owner's failure to remove snow or ice
in accordance with this chapter, the Town shall be empowered to do
so and to charge the cost thereof to the property owner. Upon said
property owner's failure to pay said reasonable charge, the Town shall
cause a charge to be added to the next real property tax bill as a
charge against the real property.