[HISTORY: Adopted by the Board of Trustees
of the Village of Highland Falls 8-10-1971 by L.L. No. 5-1971 as
Ch. 96 of the 1971 Code. Amendments noted where applicable.]
[Amended 5-16-2001 by L.L. No. 1-2001]
A.
It shall be unlawful for any person to push, pile
or deposit snow or ice on any public road, street, sidewalk or right-of-way
within the Village of Highland Falls.
B.
It shall be unlawful for any person to interfere with,
impede, obstruct, hinder, interrupt or delay any vehicle or equipment
engaged or used in the operation of plowing snow or ice or of removing
snow or ice from any public road, street or right-of-way or from any
part thereof within the Village of Highland Falls.
[Amended 5-16-2001 by L.L. No. 1-2001]
It shall be unlawful for any person to place,
park or leave any automobile, truck or other vehicle on any public
road, street or right-of-way within the Village of Highland Falls
or to permit the same to so remain during any snow or ice storm or
precipitation or after such storm or precipitation until the snow
and ice has been removed or cleared from such public road, street
or right-of-way, unless such automobile, truck or other vehicle is
at all times attended by and in charge of a person lawfully capable
of operating said vehicle.
The owner of or the person in charge of any
automobile, truck or other vehicle parked or standing on any public
road or street within the corporate limits of the Village of Highland
Falls, New York, shall move the same out of the path of any vehicle
or equipment engaged or used in the operation of plowing snow or of
removing snow from such public road or street so as not to interfere
with, impede, obstruct, hinder, interrupt or delay such operation
of plowing or removing snow, and it shall be unlawful for such other
owner or person to fail or refuse to move such automobile, truck or
other vehicle.
A.
Any person violating any of the provisions of this
article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a maximum fine of $250 or by a term of imprisonment
of not more than 15 days, or both. Each day that a violation of or
failure to comply with any provision of this enactment or any regulation
promulgated hereunder by the Board of Trustees occurs shall constitute
a separate and distinct violation.
[Amended 4-1-1998 by L.L. No. 1-1998]
B.
In addition to the foregoing, any vehicle so left
on a public highway in violation of the within article so as to interfere
with or hinder, obstruct or interrupt the operation of plowing or
removal of snow shall be subject to removal by the employees of the
Village or any person or corporation designated by the Village for
such purposes, and in such event the owners or the person in charge
of such vehicle shall be required to pay to the Village or the person
removing and storing said vehicle the reasonable cost for such services
in order to obtain a repossession of said vehicle.
The owner, lessee, tenant, occupant and/or any
other person having charge of any building or lot abutting upon the
public sidewalks hereinafter enumerated within the Village of Highland
Falls, New York, shall keep said public sidewalk adjacent to the building
or lot abutting thereon free and clear of snow and ice; provided,
however, that failure to clear snow and ice from said sidewalk within
a period of eight hours, not including the time between 9:00 p.m.
and 7:00 a.m., after any snow ceases to fall or the ice to form shall
not be deemed a violation of this article.
In case the snow or ice on said public sidewalk
shall be frozen so hard that it cannot be removed without injury to
the pavement thereof, such person shall, as soon thereafter as the
weather shall permit, remove the same and, in the meantime, shall
cause the sidewalk adjacent to such building or lot to be covered
with ashes, sand, sawdust, rock salt or similar material to make such
public sidewalk safe for public passage.
[Amended 4-1-1998 by L.L. No. 1-1998]
Any person violating any of the provisions of
this article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a maximum fine of $250 or by a term of imprisonment
of not more than 15 days, or both. Each day that a violation of or
failure to comply with any provision of this enactment or any regulation
promulgated hereunder by the Board of Trustees occurs shall constitute
a separate and distinct violation.
Every violation of the provisions of this article
shall be a separate and distinct offense, and in case of continuing
violation, every day's continuance thereof shall be and is deemed
to be a separate and distinct offense.
In addition thereto, in case of such violation where the owner, occupant, lessee, tenant or other person in charge of such building or lot fails or neglects to remove said snow and ice or to render the same safe for use as provided in § 187-6 hereof, then the Village of Highland Falls is hereby authorized to cause said snow and ice to be removed from said sidewalk or said sidewalks to be rendered safe for use as provided in § 187-6 hereof, and a bill for the cost thereof shall be presented to the owner of said property personally or by leaving the same at his residence or by mailing the same to him at his last known place of residence. If said owner or person to whom said notice is delivered shall fail to pay the same within 10 days thereafter, the Village shall cause to be filed, each year, immediately preceding the time for making the annual assessment roll, its certificate of the cost of the work during the preceding 12 months for the removal of said snow and ice, with a statement as to the property abutting which said removal was done, with the Assessors of the Village of Highland Falls, who shall in the preparation of the next assessment roll of general Village taxes assess such amount upon such property, and the same shall be assessed, levied, enforced and collected in the same manner, by the same proceedings, at the same time, under the same penalty and having the same lien upon the property assessed as do the general Village taxes and as a part thereof.
[Added 10-21-2013 by L.L. No. 4-2013]
In order to defray administrative costs, a surcharge amount of $25 for each time the Village removes snow or ice from the sidewalk adjoining a property shall be added to the bill charged pursuant to § 187-9. In addition, if said bill is not timely paid, the cost and amount assessed and levied against the property shall include an interest charge of 9% per annum.
In addition to the penalties herein provided, it shall be lawful for the Village to bring action at any time after the submission of a bill for the cost of removing said snow or ice or rendering said sidewalks safe as provided in § 187-6 hereof to recover the amount of said bill which shall remain unpaid 10 days after the submission thereof.
The sidewalks on the streets hereinafter set
forth as being affected and which are hereby ordained to be affected
by this article are as follows:
