[Adopted 11-23-1970 by Ord. No. 70-30;
amended in its entirety 1-9-2023 by Ord. No. 2023-01]
The owner of every property fronting upon or
alongside any street in the Borough of Chambersburg is hereby required
to remove or cause to be removed for a width of at least four feet
from the inside pavement line from all of the sidewalks in front of
or alongside of such property all snow, hail, sleet or ice thereon
fallen or formed within 24 hours after the same shall have ceased
to fall or form. The foregoing notwithstanding, at all times during
or after any snow event, it shall be unlawful for any person to shovel,
push, throw or plow snow, hail, sleet or ice from a sidewalk, driveway,
lot or any other area into a Borough road, street, or alley.
In case hail, sleet or ice shall be frozen so
hard that it cannot be removed without injury to the sidewalk, it
shall be the duty of the owner to sprinkle the same with sand, ashes,
sawdust, or other suitable material that will make such sidewalk safe
for the public, and whenever weather conditions permit, such hail,
sleet or ice shall be removed by such owner.
The property owner shall be responsible for
conforming to the requirements of this article regardless of whether
such property is owner-occupied, vacant, or occupied by one or more
tenants.
In any case where the owner shall fail, neglect or refuse to comply with any of the provisions of this article with the time limit prescribed therein, the Borough may proceed to arrange to clear snow and or ice from the sidewalk of such delinquents and the Borough shall collect the expense thereof; together with 10% additional, as a municipal claim which shall be in addition to the penalty set forth in § 254-15.
A.
Any person
who shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine as follows:
(1)
First
offense, a fine of $50.
(2)
Second
offense occurring within 12 months of the first offense, a fine of
$100.
(3)
Any
third or subsequent offense that occurs within 12 months of a prior
offense, a fine of $150.
(4)
In
addition to the fine, the violator shall be sentenced to pay the costs
of prosecution and reasonable attorneys fees. Each day that a violation
continues shall be deemed a separate violation.
B.
Notwithstanding Subsection A above, a Code Enforcement Officer is hereby authorized to issue a ticket, in a form established by the Borough, to any person violating the provisions of this article. The ticket shall identify the address of the property where the violation occurred, as well as the nature of the violation. The ticket may either be: 1) handed to an owner or occupant of the property; 2) affixed to a door providing ingress and egress to the primary structure; or 3) conspicuously posted on the property. The ticket shall instruct the violator that if the violator reports to the Code Enforcement Officer and pays the Borough the sum of $50 within 10 days of issuance of the ticket, then such payment shall save the violator from persecution by a citation. If a ticket is not paid within 10 days of issuance, the Code Enforcement Officer shall issue a citation to the violator.
