[Added 11-8-2004 by Ord. No. 1050]
A.
The owner and/or tenant(s) of every property located
within the Borough of Punxsutawney shall remove or cause to be removed
all snow, ice, hail or sleet falling, forming or placed upon any sidewalk
located within any borough right-of-way adjacent to the property of
the owner or any sidewalk which provides access to the general public
across any part of said property within 24 hours after the same shall
have ceased to fall or form. The liability of the owner shall not
be based upon the owner's occupancy of the property, and, on the contrary,
the owner shall be liable for compliance with this provision even
though the owner is not in possession.
B.
In the event snow, ice, hail or sleet on a sidewalk
has become so hard that it cannot be removed without likelihood of
damage to the sidewalk, the same person(s) charged with the removal
of same shall place enough salt, de-icer, sand or other abrasive on
the sidewalk to make travel thereon reasonably safe, and as soon thereafter
as weather permits, clear said sidewalk.
C.
It shall be unlawful for any person to throw, shovel,
cast or otherwise move, place, pile, deposit or dump snow, ice, hail
or sleet removed from sidewalks, driveways or other areas into any
street, alley or public highway, or for any person, when the cartway
of any street, alley or public highway shall be cleared or partially
cleared, to throw or place any snow or any other accumulation in the
cleared cartway or passageway area.
D.
No person shall deposit or cause to be deposited any
snow, ice, hail or sleet upon any fire hydrant.
E.
It shall be unlawful for the owner, occupant or tenant
of any building in the Borough fronting or abutting on or along any
street or public alley to allow snow, ice or icicles to accumulate
on the roof, eaves or any other part of such building whereby the
same may become or be dangerous to any person or persons on any sidewalk.
The owner of a property shall be responsible for compliance with this
article where such property is occupied by such owner or is unoccupied;
the tenant or occupier thereof, where such property is occupied by
such tenant or occupier; and the owner thereof, where the property
is a multiple-business or multiple-dwelling property, occupied by
more than one tenant or occupier.
Upon failure of any owner, occupant or tenant to comply with any of the provisions of § 208-40, the Borough of Punxsutawney, by any designated agent or employee, may remove such snow, ice, hail or sleet from the sidewalk, street, alley or public highway and collect the expenses of said removal, with an additional penalty of 10%, which shall be collected from the defaulting owner, occupant or tenant, as provided by law or equity, including the right to file a municipal lien. This penalty shall be in addition to any penalty imposed by § 208-42.
Any owner, occupant or tenant who violates any of the provisions herein as set forth in § 208-40, shall be guilty of a summary offense upon conviction and be subject to a fine of not more than $300.00 and/or be committed to the Jefferson County jail for a period not exceeding five days. Each day of noncompliance with this article shall constitute a separate offense.
If any court of competent jurisdiction holds
any individual provision of this article or the application of any
individual provision of this article to be illegal or unconstitutional,
the other provisions of the article and the application of such provisions
to other circumstances shall remain in full force and effect. It is
the intention of the Borough Council that the provisions of this article
shall be severable and that the article would have been adopted if
any such illegal or unconstitutional provision had not been included.
