[Adopted 12-19-1984 by Ord. No. 895 (Ch.
XXI, Part 2B, Secs. 90 through 94 of the 1970 Code)]
[Added 12-11-2013 by Ord.
No. 1129]
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm, partnership, association, trust, corporation,
or other entity having any ownership interest in real property.
[Amended 1-8-1997 by Ord. No. 972]
It shall be the duty of the owner or owners
of any lot or lots within the Borough limits of the Borough of Waynesboro,
Pennsylvania, to keep a walkway of not less than 2/3 of the existing
public sidewalk width, free and clear of snow, sleet, ice, mud and
other substance to permit reasonable and safe pedestrian traffic.
[Amended 1-8-1997 by Ord. No. 972]
The owner shall clear or cause to be cleared
such walkway within 24 hours after the cessation of any storm or other
occurrence depositing snow, sleet, ice, mud or other substance upon
said walkway. However, in no event shall the owner or any other person
in the process of clearing such walkway deposit snow, sleet, ice,
mud or other substance in the street, in the cleared section thereof
after snow has been removed or plowed along said street by either
the Borough or the commonwealth, nor shall any such substance be deposited
closer than three feet to any fire hydrant.
If, for any reasons whatsoever, said owner or
owners do not clear said walkway, the Borough Manager or his duly
appointed designee may remove said snow, ice, mud or other substance
and the expense thereof shall be charged against the owner or owners
and may be recovered by a proper action in assumpsit in the name of
the Borough of Waynesboro and shall further be chargeable against
the property as a special assessment. However, any action or lack
thereof on the part of the Borough of Waynesboro shall not relieve
any owner or other person from any claim of liability which may other
wise exist.
[Amended 1-8-1997 by Ord. No. 972; 12-11-2013 by Ord. No. 1129]
A.
Any owner failing to remove snow, ice, sleet, mud, or other substance
within 24 hours after the cessation of any storm or any other occurrence
depositing snow, ice, sleet, mud, or other substance as required by
this article shall, upon summary conviction before a Magisterial District
Judge, be sentenced to pay a fine of $75 plus all court and reasonable
attorney fees for each offense.
B.
Each provision of this article which is violated by any person, firm,
partnership, association or corporation shall constitute a separate
violation.
C.
Each subsequent twenty-four-hour period after the cessation of any
storm or other occurrence depositing same in accordance with this
article shall constitute a separate violation.
D.
The Code Enforcement Officer or his designee(s) and the Borough police
officers are hereby duly authorized to issue a ticket in a form established
by the Borough to any owner violating the provisions of this article.
The ticket shall identify of the address of the property where the
violation exists, as well as the nature of the violation. The ticket
may either be handed to an owner or occupant of the property or may
be affixed to a door on the property where the violation exists fronting
a right-of-way or conspicuously posted on the property. The ticket
shall instruct such violator that if he, she or it reports to the
Borough office and pays to the Borough the sum of up to $75 within
10 days of the date of issuance of the ticket, then such payment shall
save such violator from prosecution by a citation, which prosecution
may result in court costs and attorney fees being assessed against
the violator in addition to the fine. In any event, if a ticket is
not paid in full within 10 days of issuance, official authorized to
issue tickets shall issue a citation on the violator.
E.
Officials authorized to issue tickets may, in their sole and absolute
discretion, issue a citation instead of a ticket.
