[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 2-17-2009 by Ord. No. 1365.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 240,
Removal of Snow and Ice, adopted 5-28-1974 by Ord. No. 628 (Ch. 105
of the 1966 Code), as amended.
The following definitions shall apply as to the interpretation
and enforcement of this chapter:
The Superintendent of Municipal Services or other enforcing
official duly designated in this chapter.
Any business or commercial establishment that accepts deliveries
and/or provides off-street parking for patrons and/or employees.
That portion of a street or highway that is improved, designed
or ordinarily used for vehicular travel.
That portion of a street, other than the roadway, which is
normally between the curb and the property line of the street.
The entire width between the boundary lines of every way
that is publicly maintained, when any part thereof is open for use
by the public for purposes of vehicular travel.
A.Â
Every person, partnership, corporation, joint-stock company or syndicate
in charge or control of any building, structure or lot within the
Borough, whether as owner, tenant, occupant, lessee or otherwise,
shall remove and clear away, or cause to be removed and cleared away,
snow and ice from so much of said sidewalk and fire hydrant(s) as
is in front of or abuts said building or lot of land.[1]
B.Â
Except as provided in Subsection D hereof, snow and ice shall be so removed from the sidewalks and fire hydrants of all business and commercial premises within the Borough within 12 hours after the cessation of any fall of snow, sleet or freezing rain.
C.Â
Except as provided in Subsection D hereof, snow and ice shall be so removed from all other sidewalks within the Borough within 12 hours after the cessation of any fall of snow, sleet or freezing rain.
D.Â
However, in the event that snow and ice on a sidewalk has become so hard that it cannot be removed without the likelihood of damage to the sidewalk, the person or entity charged with its removal shall, within the time mentioned in Subsection A hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe and shall then, as soon thereafter as weather permits, cause said sidewalk to be thoroughly cleaned.
A.Â
The owner or owners, occupant or occupants or tenant or tenants of
all commercial premises in the Borough of Emerson shall be individually
and jointly responsible for the removal of and shall remove all snow
and ice from said parking areas, sidewalks and public ways in accordance
with the further provisions of this chapter.
B.Â
In the event that the snow cannot be removed from the parking lot,
it shall be deposited in an area of the parking lot where it will
not block or obstruct the view in any public way.
C.Â
In the event that said snow or ice, or both, is frozen as to make
removal impracticable, covering the same thoroughly with sand or ashes,
or the use of other chemicals to remove the same, shall be deemed
compliance with the removal provisions of this chapter.
D.Â
Removal of ice and snow as aforesaid shall be accomplished within
12 hours after snowfall has stopped and/or when snow has reached a
depth of four inches.
No person, partnership, corporation, joint-stock company, syndicate
or private contractor shall deposit or cause to be deposited any snow
or ice in the following places:
No person, partnership, corporation, joint-stock company, syndicate
or other, as the case may be, shall cause the accumulation of snow
and ice on any street or roadway in such a manner as to endanger pedestrians
or obstruct the vision of motorists. In no event shall snow or ice
be or be caused to be piled on any corner by any person, partnership,
corporation, syndicate or other, as the case may be, within 10 feet
of any intersection, in excess of four feet in height, which would
tend to obstruct a motorist's vision.
A.Â
In the event of the failure of any person, partnership, corporation,
joint-stock company or syndicate to clear away or treat with abrasives
and subsequently clear away any snow and ice from any sidewalk as
hereinbefore provided, or to cause this to be done, the agent shall,
as soon as is practicable after such failure, cause such work to be
done.
B.Â
The agent shall ascertain and keep a record of the exact cost of
all work he causes to be done in accordance with this section on account
of each act or omission of each person, partnership, corporation,
joint-stock company or syndicate, and he shall identify these persons
or entities with particularity.
C.Â
Each person, partnership, corporation, joint-stock company or syndicate,
whose act or omission makes it necessary that the agent cause work
to be done in accordance with this section, shall be liable to the
Borough for the cost of such work plus a penalty of 50% of such cost.
It shall be the duty of the agent or other appropriate official to
sue for these costs and penalties, and it shall be the duty of the
Borough Attorney to assist in the bringing of these suits.
Any person, partnership, corporation, joint-stock company or
syndicate who violates any provision of this chapter, upon conviction,
shall be fined in an amount not exceeding $500 or shall be imprisoned
for a term not exceeding 90 days, or both, for violating this chapter.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
The Superintendent of Municipal Services, the Chief of Police
or the Property Maintenance Officer shall be responsible for the enforcement
of this chapter.
