Every street or surface railroad corporation
or company shall remove all the snow and ice which may have accumulated
on its tracks, to such an extent as to prevent the stoppage of travel
upon such surface railroad, in such manner and by such means as not
to interfere with the use of any street, avenue, public place or the
sidewalks thereof by the public, and all crosswalks and sidewalks
upon which any snow or ice shall be thrown by any snowplow, sweeping
machine or other similar instrument shall be cleared of such ice or
snow by said company immediately.
Whenever the snow or ice so removed from the
tracks of any street or surface railroad shall be so great that it
should be removed from the street or crosswalks in order to place
any street or sidewalk in proper condition for public use, such surface
railroad company shall remove and carry away such snow or ice forthwith,
and in case of the neglect or refusal or omission of said surface
railroad company to remove and to carry away such snow and ice, the
Mayor of the City may cause such snow or ice to be removed and disposed
of as aforesaid at the expense of such company; provided, however,
that for the more speedy and effective removal of snow and ice from
the paved streets, avenues and public places of the City, the Mayor
of the City shall have power and authority to enter into agreements
for the entire winter or season, or part thereof, with any street
surface railroad or other railroad having tracks in the City, for
the removal of snow and ice for the entire width of the paved street,
avenue or public place, from house line to house line, at any part
of the route of said railroad, provided that nothing in said agreements
shall be inconsistent with any law of the State of New York or with
any right of the City of Middletown.
Any person or corporation violating any provision
or regulation hereof shall for each offense be subject to a penalty
of not more than $100 nor less than $10 for each offense, to be sued
for and recovered by and in the name of the City of Middletown.
Any person violating any provision or regulation
hereof shall be deemed guilty of a misdemeanor and upon conviction
thereof by or before any magistrate, either upon confession of the
party or competent testimony, shall be fined for such offense not
less than $5 nor more than $15 or imprisoned in the county jail of
Orange County for not more than five days, or both such fine and imprisonment.
This article shall not affect any agreements
heretofore made and now existing between said City and any street
or surface railroad corporations.