Village of Montgomery, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Montgomery during codification; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
The purpose of this chapter shall be to preserve the public peace and good order in the village, to contribute to the public welfare, safety and good order of its people and to contribute to the safe conveyance of its people over the streets and sidewalks of the village by establishing certain regulations for the removal of snow and ice from the streets and sidewalks of the village that are consistent with the rights and privileges of other residents of the village. It is further noted that certain snow-removal practices are a vexation and annoyance not only to the traveling public but to the owners and occupants of adjoining lands. It is for these reasons and others that the Board of Trustees of the Village of Montgomery is compelled to legislate upon the subject matter.
It shall be the duty of the owner and occupant, jointly, 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 and ice for the full paved width of such sidewalk.
Snow and ice shall be removed within 24 hours after the end of a snowfall. Sidewalks in front of commercial establishments and commercial parking lots shall be kept free of snow and ice 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 § 98-3, be strewn and kept strewn with ashes, sand, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in this chapter.
Whenever the owner or occupant of every parcel of real estate adjoining a public sidewalk fails to remove the snow and ice from such sidewalk adjoining such property within the time specified in this chapter or within four hours after notice of the Superintendent of Public Works of the Village of Montgomery to remove same, it shall be the duty of the Superintendent of Public Works to remove said snow or ice from such sidewalk and notify the Village Clerk of the expense incurred by the amount of labor, equipment and materials used.
The Village Clerk shall promptly present to the owner or occupant of each parcel a bill for the removal of snow and ice as certified by the Superintendent of Public Works. If not paid within 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 owners or occupants of buildings adjacent to public sidewalks shall prevent the falling of snow, ice or water from such building upon said public sidewalks.
No person, firm or corporation shall deposit, throw, place or strew, nor shall any person, firm or corporation cause to be deposited, thrown, placed or strewn, any snow or ice upon any street, avenue or roadway within the Village of Montgomery.
A. 
No person, firm or corporation shall pile, gather up, plow up or in any way force any snow or ice upon any street, avenue or roadway within the Village of Montgomery or from one street, avenue or roadway onto any other street, avenue or roadway within the Village of Montgomery.
B. 
No person, firm or corporation shall pile, gather up, plow up or in any way force any snow or ice upon any terrace or parcel of land within six feet of any street, avenue or roadway in such a manner as to cause the height of the snow and ice so piled, gathered, plowed or forced to exceed three feet six inches in height above the existing natural grade of said terrace or parcel of land within six feet of said street, except that it shall be unlawful to cover a fire hydrant with snow or ice.
C. 
No person, firm, corporation, property owner or occupant shall remove snow or ice 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 snow or ice is to be placed.
D. 
Any person, firm or corporation piling, gathering or plowing up snow or ice on any public street, avenue or roadway or to an excess height, as indicated in § 98-9B, shall forthwith remove the same at his or its expense, upon the request of the Superintendent of Public Works of the Village of Montgomery.
E. 
Whenever any person, firm or corporation neglects or refuses to remove any snow or ice piled, gathered or plowed up by him or it in violation of this chapter within four hours after a request to do so by the Superintendent of Public Works of the Village of Montgomery, it shall be the duty of the Superintendent of Public Works to remove said snow or ice from such street or terrace and notify the Village Clerk of the expense incurred by the amount of labor, equipment and materials used.
F. 
The Village Clerk shall promptly present to the violator of this chapter a bill for the removal of snow and ice, as provided for in § 98-9E as certified by the Superintendent of Public Works. If not paid within 30 days, in the case of a property owner, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent village taxes.
Any person, firm or corporation which shall violate any of the provisions of this chapter shall, upon violation thereof, be subject to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both.