[Adopted 2-10-1976 by Ord. No. 76-2; amended
in its entirety 2-8-2005 (Ch. 80, Art. III, of the 1983 Code)]
[Amended 11-11-2008]
A.
Sidewalks. Each tenant, owner or person in charge
of any property fronting on or adjoining any street, alley and/or
right-of-way in the Borough shall clear a pathway of at least three
feet in width on the sidewalk in front of or adjoining such property
within 24 hours after the snow which is the cause thereof has ceased
to fall or after the same has been deposited thereon in any manner;
provided, however, that if the snow shall have ceased to fall between
dusk and dawn, the pathway shall be cleared before dusk the same day.
The snow cleaned from the pathway shall not be deposited in the cartway
of the street. For purposes of this article, "cartway" shall be defined
to include any area within the public right-of-way used for vehicular
travel but shall not include parking spaces located within the public
right-of-way. As used herein, "snow" shall mean any precipitation
depositing any accumulation on the streets and sidewalks, such as
snow, sleet, hail, ice and freezing rain.
B.
Roofs. Each tenant, owner or person in charge shall
remove and clear away, or cause to be removed and cleared away any
accumulation of snow and ice on a structure which is liable to fall
on any public sidewalk or public street in the Borough.
C.
Hydrants. Each tenant, owner or person in charge with
a hydrant on their property or along the frontage of their property
will be caused to remove snow surrounding hydrants within 24 hours
after the cessation of snow or ice.
D.
Private drives and private parking lots. The Borough
will not clear snow from private drives or private parking lots. Normal
snow removal operations may result in snow being deposited in private
drives and/or private parking lots. Snow from private drives and/or
private parking lots shall be not placed on the public right-of-way.
Upon the failure of any tenant, owner or person
in charge of any property to clear a pathway as is required by this
article, the Borough shall, in the interest of the safety of its citizens,
initiate a procedure to compel clearing of a pathway by the tenant,
owner or person in charge of the property; and, upon failure of such
tenant owner a person in charge to clear a path in accordance with
such procedure, the Borough shall clear the sidewalk at the expense
of the property owner as is set forth hereinafter. Said procedure
shall be as follows:
A.
Any tenant, owner or person in charge of any property
who shall fail to clear a pathway or otherwise allow snow to remain
on a sidewalk contrary to the provisions of this article shall be
notified by the Mayor or his duly authorized agent to remove such
snow within a period of 24 hours. The notice may be delivered by United
States mail or by posting a notice on the property involved.
B.
In the event that the tenant, owner or person in charge
of the property has not cleared a path or otherwise removed the snow
within 24 hours after service, mailing or posting of said notice,
the Mayor or his duly authorized agent shall cause the snow or ice
to be removed and a path cleared.
C.
There is hereby imposed a charge of $10 plus the actual costs of
labor and materials involved each time the Borough removes snow or
ice or clears a path, and the tenant, owner or person in charge of
the property shall be billed therefor. Said bill or bills for clearing
the path or otherwise removing snow or ice shall be recoverable by
the Borough of Marietta as other debts due the Borough of Marietta
are, by law, recoverable.
[Added 11-11-2008]
A.
Red line routes. The following streets shall be designated
as first in priority for snow removal in the Borough:
(1)
Market Street from Route 441 to Decatur Street and
Decatur Street from West Market Street to Borough boundary;
(2)
Clay Street to Front Street to Perry Street;
(3)
North and South Bank Street;
(4)
North and South Waterford Avenue;
(5)
North and South Gay Street;
(6)
North Aaron Avenue to Prospect Avenue; and
(7)
Also the clearing of snow at the Pioneer Fire Company
No. 1. Snow will be cleared at bay doors only in order to allow the
fire apparatus access in and out of the station.
B.
Blue line routes. The following streets shall be designated
as secondary in priority for snow removal in the Borough:
C.
Yellow line routes: remaining Borough cartways.
[Added 11-11-2008[1]]
The Mayor, Public Works Council Chair, and/or
Street Department Supervisor will determine when snow will be removed
by truck for the area. Such snow removal will occur in areas where
there is no room on the street for snow storage and in areas where
accumulated piles of snow create a hazardous condition. Snow removal
operations will not commence until other snow plowing operations have
been completed. Snow removal operations may also be delayed depending
on weather conditions, personnel and budget availability. The snow
will be removed and hauled to a snow storage area. The snow storage
area will be located so as to minimize environmental problems.
[Amended 11-11-2008[1]]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. If a Magisterial District
Judge determines that the defendant is without the financial means
to pay the fines and costs immediately or in a single remittance,
such defendant shall be permitted to pay the fines or costs in installments
and over such periods of time as the Magisterial District Judge deems
to be just. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Lancaster County.
