Borough of Bellefonte, PA Article III Snow and Ice Removal

[Adopted 5-15-1978 by Ord. No. 808 (Ch. 680, Secs. 680.01, 680.015, 680.03 and 680.99, of the 1979 Codified Ordinances)]

§ 495-22 Removal of snow and ice from sidewalks.

A. The owner, occupant or tenant of every property fronting upon or alongside of any street in the Borough is hereby required to remove or cause to be removed from all of the sidewalks in front of or alongside of such property all snow and/or ice thereon fallen or formed within 24 hours after the same has ceased to fall or to be formed. All persons subject to this section shall, in areas of the Borough where new concrete has been poured for gutters, curbs or sidewalks within six months of the first snowfall in the Borough, in lieu of clearing such newly concreted areas of snow and ice, deposit sand or ashes on such areas, provided that such sand and/or ashes are evenly and well distributed over all snowy and icy patches existing on such newly concreted areas. Property owners, occupants or tenants, in cases of exceptional ice or snow storms, shall not be required to clear all snow and ice from the sidewalks in front of or alongside of their respective properties, but instead shall be permitted to well and evenly distribute anti-skid material, sand and/or ash over the surface of such sidewalk, provided that such materials are well and evenly distributed over the surface of the sidewalk and that such anti-skid materials, sand and/or ashes are repeatedly applied throughout the course of the storm over the surface of such sidewalk so as to provide a safe and convenient passageway for pedestrians using such sidewalk. Such anti-skid materials, sand and/or ashes shall be applied not less than eight hours after the commencement of any such exceptional ice and snow storm and shall continue to be applied throughout the course of such storm. Exceptional ice and/or snow storms shall be declared by the Mayor or the Borough Manager in the same manner as snow emergencies are presently declared in the Borough.

[Amended 1-7-1985 by Ord. No. 924; 2-16-2004 by Ord. No. 1184]

B. In any case where the owner, occupant or tenant, as provided in Subsection A hereof, fails, neglects or refuses to comply with any of the provisions of Subsection A hereof within the time limit prescribed therein, the Borough authorities may proceed immediately to clear all snow and/or ice from the sidewalk of such delinquent and to collect the expenses thereof, with 10% added thereto, from such owner, occupant or tenant, as the case may be, in addition to any fine or penalty imposed under § 495-25. Properties that are exempt from this provision and the penalty provided in § 495-25A must meet the sixty-percent rule provided in § 495-9. The Police Department is empowered to serve the property owner or tenant with a summons (ticket) on site without previous written warning following the time limits prescribed in Subsection A hereof after the Borough has made a general onetime announcement that it will begin enforcing the clearing-of-walks provision at the beginning of the winter season.

[Amended 6-16-1994 by Ord. No. 1087]

C. This section, including the penalties prescribed for violation thereof, shall be applicable to all pathways, passageways, paths and common grounds of the Borough, as the same are defined in § 495-13, subject only to the provisions of §§ 495-18 through 495-20.

§ 495-23 Unauthorized deposit of snow on Borough property.

[Amended 5-19-1997 by Ord. No. 1120]

A. No business or property owner or property occupant, whether personally or by hire, shall clear his or her parking area, driveway, sidewalk or lot of snow by blowing, plowing, pushing or dumping such snow onto a Borough right-of-way or street or other public property.

B. Whoever is charged with a violation of this section shall be issued a ticket at the time the violation is discovered.

§ 495-24 Violations; issuance of tickets; appeals.

[Amended 5-19-1997 by Ord. No. 1120]

A. It shall be the duty of a police officer or designated Borough employee to report any violation of § 495-22 or 495-23 by issuing a ticket containing the following information:

(1) The address of the premises where the violation was discovered;

(2) The time at which the violation was discovered;

(3) The date upon which the violation was discovered; and

(4) Any other relevant facts attending upon the discovery of the violation.

B. Upon finding a property to be in violation of § 495-22 or 495-23, a police officer or other Borough official shall fill out and deliver a ticket to the address where the violation occurred, either by serving such notice on a resident or by posting the ticket in a prominent place at the entry door to the building where the violation occurred.

[Amended 10-15-2012 by Ord. No. 10152012-001]

C. Any person wishing to appeal a ticket issued for a violation of § 495-22 or 495-23 may, within 48 hours of receiving a dated ticket, request in writing a hearing before the Mayor. An appeal of the Mayor's decision may be made to the Magisterial District Judge having jurisdiction in the Borough.

§ 495-25 Violations and penalties

[Amended 5-19-1997 by Ord. No. 1120; 3-1-1999 by Ord. No. 1144; 12-16-2002 by Ord. No. 1177]

A. Whoever violates or fails to comply with § 495-22 and § 495-23 shall be fined $25 for each offense. A separate offense shall be deemed committed each day during or on which a violation or failure to comply occurs or continues.

[Amended 3-16-2015 by Ord. No. 03162015-01]

B. Any person charged with a violation of § 495-22 or § 495-23, for which payment of a prescribed fine may be made, may pay such sum in the manner prescribed on the issued ticket. Such payment shall be deemed a plea of guilty, waiver of court appearance and acknowledgment of conviction of the alleged offense, and may be accepted in full satisfaction of the prescribed penalty for such alleged violation. Payment of the prescribed fine need not be accepted when laws prescribe that a certain number of such offenses shall require a court appearance. Any person who fails to pay the prescribed fine within 72 hours will have his or her violation referred to the Magisterial District Judge for appropriate legal action and collection.

[Amended 3-16-2015 by Ord. No. 03162015-01]

C. Any person charged with a violation of § 495-22 or 495-23, for which payment of a prescribed fine may be made, may pay such sum in the manner prescribed on the issued ticket. Such payment shall be deemed a plea of guilty, waiver of court appearance and acknowledgment of conviction of the alleged offense, and may be accepted in full satisfaction of the prescribed penalty for such alleged violation. Payment of the prescribed fine need not be accepted when laws prescribe that a certain number of such offenses shall require a court appearance. Any person who fails to pay the prescribed fine within 72 hours will have his or her violation referred to the Magisterial District Judge for appropriate legal action and collection.