[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]
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.
Each provision of this article which is violated by any person, firm, partnership, association or corporation shall constitute a separate violation.
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.
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.
Officials authorized to issue tickets may, in their sole and absolute discretion, issue a citation instead of a ticket.