[Adopted 1-10-1995 as L.L. No. 1-1995[1]]
[1]
Editor's Note: This local law superseded
former Art. II, Snow and Ice Removal, adopted 3-12-1985 as L.L. No.
3-1985.
As used in this Article, the following terms
shall have the meanings indicated:
One or more persons, corporations, partnerships, associations
and any and all other entities having a legal status and capable of
suing and being sued and of owning real property.
A paved path or footwalk for public use located between the
curbline and right-of-way line of any public or municipally maintained
roadway.
The moving of snow by the use of any type hand tool, snow
blower, plows attached to tractors or other vehicles, conveying devices
or loaders of any type.
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.
Every person owing real property bordering any public
street in the Village of Hammondsport shall be responsible for clearing
a path at least two feet wide along the sidewalk areas adjacent thereto
within 24 hours of the end of the snowfall. Contracting out responsibilities
under this Article does not relieve the owner of his or her responsibilities
under this Article.
B.
Every person owning real property bordering any public
street in the Village of Hammondsport shall be further responsible
to maintain said two-foot path by means of causing suitable materials
to be strewn on said path such as ashes, sand, sawdust or other suitable
material and shall, as soon thereafter as the weather shall permit,
thoroughly clean such sidewalk. The use of deleterious materials will
be prohibited. Deleterious materials include lime, saltpeter or any
materials that may be harmful or injurious to health.
A.
It shall be unlawful for any person to deposit snow
in a public street as a result of the snow removal activities. Snow
storage in windows along the edge of the sidewalk and the curb is
allowed.
B.
Snow may not be piled more than 36 inches higher than
street level within 10 feet of an intersection.
Any roof, sign or other structure from which
snow or ice might fall onto a public place also shall be cleared within
the twenty-four-hour time limit set above.
Any police officer of the Village of Hammondsport
is authorized to issue appearance tickets as provided for in the Criminal
Procedure Law.
Whenever any owner of any parcel of real estate
within the Village of Hammondsport shall fail or neglect to remove
snow and ice from any such sidewalk or roof as required by this Article,
the Superintendent of Public Works may, without any notice to the
owner, have the ice and snow removed. The cost of such removal shall
be billed by the Village Clerk-Treasurer's office to the property
owner. If not paid within 30 days the cost thereof shall be assessed
against the property and become a lien thereon, collectible in the
same manner as delinquent village taxes. The imposition and collection
of any fine or penalty described in other parts of this Article shall
not bar the right of the village to collect the costs of removal as
provided for herein.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be punishable by a fine
of not more than $300 and costs of such proceedings or, upon default
of payment of such fine and costs, by imprisonment in the county jail
for a term of not more than 30 days; provided, however, that if the
Village Justice determines the defendant is without 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 Village Justice deems to be just.
