[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Editor's Note: This ordinance also superseded former Ch. 240, Removal of Snow and Ice, adopted 5-28-1974 by Ord.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:
AGENT
The Superintendent of Municipal Services or other enforcing official duly designated in this chapter.
COMMERCIAL PREMISES
Any business or commercial establishment that accepts deliveries and/or provides off-street parking for patrons and/or employees.
ROADWAY
That portion of a street or highway that is improved, designed or ordinarily used for vehicular travel.
SIDEWALK
That portion of a street, other than the roadway, which is normally between the curb and the property line of the street.
STREET or HIGHWAY
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. 
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]
[1]
Editor’s Note: For information regarding the minimum fine for violation, see the Schedule of Minimum Fines, which is located in Ch. 1, General Provisions, Art. II, General Penalty.
B. 
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. 
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. 
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. 
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. 
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. 
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. 
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:
A. 
On or against a fire hydrant.
B. 
On the traveled portion of a roadway.
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. 
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. 
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. 
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.