As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
CARTWAY
The portion of a street or highway improved, designed or
ordinarily used for vehicular traffic, exclusive of the berm or shoulder.
LOT
Any designated parcel, tract, or area of land; any separately
identified Lancaster County Tax Account Number.
[Added 10-27-2003 by Ord. No. 530]
OWNER
Any person who, alone or jointly, or severally with others:
shall have legal title to any lot, with or without accompanying actual
possession thereof; or shall have charge, care or control of any lot
as an executor, administrator, trustee or guardian of the estate of
the owner.
[Added 10-27-2003 by Ord. No. 530]
PERSON
An individual, corporation, partnership, unincorporated association,
estate, trust or any other legally recognized entity, and the officers
of such corporation or the members of such partnership.
SIDEWALK
The portion of a street between the curblines or the lateral
lines of a cartway and the adjacent property lines or right-of-way
lines which is intended for use by pedestrians.
STREET or HIGHWAY
The entire width between the boundaries of a publicly maintained
right-of-way when any part thereof is open to the use of the public
for purposes of vehicular traffic.
[Amended 10-27-2003 by Ord. No. 530]
The owner of any building or other structure
shall remove and clear away, or cause to be removed and cleared away
any accumulation of snow and/or ice on said building or other structure
which is liable to fall on any sidewalk, street, highway 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, street or highway or loading or 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 cleaning of sidewalks in business
districts.
[Added 4-8-1996 by Ord. No. 475]
The Borough Council empowers the Code Enforcement
Officer or the Police Department to enforce the provisions of this
article.
[Amended 4-8-1996 by Ord. No. 475; 10-27-2003 by Ord. No.
530; 7-29-2013 by Ord. No. 612]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $75 nor more than $600 plus costs. Each day that a violation continues shall be considered a separate offense. Any fine shall be in addition to any costs and penalties which may be imposed under §
165-31 of this article. Upon summary conviction, the person found guilty may be assessed reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings in accordance with Section 3321(6) of the Borough Code.
[Amended 10-27-2003 by Ord. No. 530]
Failure to remove snow and ice from a sidewalk
creates a nuisance and a hazard to the public, either by persons risking
injury from falls on the snow and ice on the sidewalk or by persons
walking in the street to avoid the snow and ice on the sidewalk. If
the owner of any lot containing, fronting on or abutting on an improved
sidewalk shall fail to remove and clear away or cause to be removed
and cleared away snow and/or ice from a path at least 30 inches in
width from so much of said sidewalk as is within, in front of or abuts
the lot within 48 hours after the cessation of any snowfall, the Borough
may cause the snow and/or ice to be removed from the sidewalk. The
Borough shall keep an account of the expenses incurred to eliminate
the hazard to public safety and to provide the service of snow and/or
ice removal to the lot, and all such costs and expenses shall be charged
to and paid by the owner of the lot. All costs and expenses incurred
by the Borough in shall be a lien upon the lot, and whenever a bill
therefor remains unpaid for a period of 60 days after it has been
rendered, the Borough Solicitor shall file a municipal claim and/or
a civil action for such costs and expenses, together with a penalty
of 10%, in the manner provided by law for the collection of municipal
claims. Tenant, occupant, lessee or otherwise, shall remove and clear
away, or cause to be removed and cleared away, any accumulation of
snow and/or ice on said building or other structure which is liable
to fall on any sidewalk, street, highway 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.