[Adopted 8-3-1965 as Section 4.03
of the 1965 Code; amended in its entirety 7-9-1992 by L.L. No. 4-1992]
The purpose of this Article shall be to preserve
the safety, public peace and good order in the village and to contribute
to the safe conveyance of its people over the streets and sidewalks
of the same.
It shall be the duty of the owner and occupant,
jointly and severally, of every parcel of real estate adjoining a
public sidewalk, whether the parcel of real estate is occupied by
a structure or not, to keep such sidewalks adjoining such property
free from snow, ice, dirt, debris or other obstruction for the full
paved width of such sidewalks.
Snow and ice shall be removed within twenty-four
(24) hours after the termination of the conditions producing such
snow and ice. All other accumulations or obstructions shall be removed
within twelve (12) hours of the time the same falls or is placed upon
said sidewalk. Sidewalks in front of commercial enterprises and commercial
parking lots shall be kept free and clear of all such conditions or
obstructions at all times.
In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in § 219-5, be strewn and kept strewn with sand, sawdust, deicing agent or other suitable materials (excluding ashes) so as to be no longer dangerous to life and limb. As soon as practicable thereafter, the sidewalk shall be completely cleared of snow, ice, debris or other materials strewn thereon.
Whenever the owner or occupant of every parcel
of real estate adjoining a public sidewalk fails to remove the snow,
ice, dirt, debris or obstruction from said sidewalk within the time
specified herein, or within four (4) hours after notice of the Street
Superintendent or Code Enforcement Officer to remove the same, the
Street Superintendent may remove and dispose of such items or materials
from such sidewalk and notify the Village Clerk of the expense incurred
in so doing by the amount of labor, equipment and materials used.
The Village Clerk shall promptly present to
the owner of each parcel a bill for such removal and disposition,
certified by the Street Superintendent. If the same is not paid within
thirty (30) days, the cost thereof shall be assessed against the property
and become a lien thereon, collectible in the same manner as delinquent
village taxes.
The owner or occupants of buildings adjacent
to public sidewalks shall prevent the falling of snow, ice or water
off of or from such buildings upon said public sidewalks.
No person, firm or corporation shall deposit,
throw, place or strew snow, ice, ash, stones, obstructions, dirt,
rubbish, leaves, tree limbs, branches, grass clippings, yard waste
or debris nor shall any of the same cause the same to be deposited,
thrown, placed or strewn on any street, avenue or roadway within the
village.
A.
No person, firm or corporation shall pile, gather
up, plow up or in any way force any snow, ice, debris or other obstruction
upon any street, avenue or roadway within the village or from one
street, avenue or roadway upon any other street, avenue or roadway
within the village.
B.
No person, firm or corporation shall pile, gather
up, plow up or in any way force any snow, ice, debris or other obstruction
upon any fire hydrant or within a three-foot radius thereof.
C.
No person, firm, corporation, property owner or occupant
shall remove snow, ice, stones, ash, dirt, rubbish, leaves, tree limbs,
branches, grass clippings, yard waste, debris or other obstructions
from any parcel of real estate and place it upon another parcel of
real estate without the express permission of the owner of the parcel
of real estate upon which the same is to be placed.
The village assumes no liability for personal injury or property damage claims arising as a result of the failure of the owner or occupant to keep the public sidewalks clear. Liability for personal injury and/or property claims, settlements, verdicts, awards or judgments shall lie exclusively with the owner of the parcel of real property adjoining said sidewalk and/or occupants as tenants or otherwise if applicable. The undertaking of the village to take corrective or remedial action upon the default of the owner shall not relieve the owner of any responsibilities imposed by this Article or Article III of this chapter providing for sidewalk construction, maintenance and repair. The failure or omission by the village to undertake to provide services shall not create any liability attributable to the village. With respect to any dangerous conditions for which the village may be liable, it shall be entitled to receive the notice of defects required in accordance with Article IV of this chapter. Any duty on the part of the village pursuant to this Article is a general duty of the village. No person is authorized to create, imply, assume or infer a special duty by the village.
