[HISTORY: Adopted by the Board of Trustees of the Village of Wolcott 10-28-2003 by L.L. No. 6-2003. Amendments noted where applicable.]
It shall be the duty of the lessee, occupant or person having charge or, if none, the owner of each and every parcel of real estate in the Village, abutting or bordering upon any street, avenue, highway or other public place, to remove or cause to be removed all snow and ice from the sidewalk in front of or adjacent to such premises to the full paved width of such sidewalk, before the hour of 8:30 a.m. after such snow or ice shall have fallen or accumulated thereon; provided that where footways or sidewalks have not been paved or duly established, snow and ice shall be removed to a width of not less than four feet from that portion of the street or way which is used in common as a footway in such street or way.
In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the lessee, occupant, person having charge or owner of every parcel of real estate shall, within the time specified in the preceding section, cause the sidewalk abutting or adjacent to such premises to be strewn and to be kept strewn with ashes, salt, sand, sawdust or some other suitable material and shall, as soon thereafter as weather shall permit, thoroughly clean such sidewalk.
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 Wolcott.
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 Wolcott or from one street, avenue or roadway onto any other street, avenue or roadway within the Village of Wolcott.
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.
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.
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 § 126-4B, shall forthwith remove the same at his or her or its expense, upon the request of the Superintendent of Public Works of the Village of Wolcott.
Whenever any person, firm or corporation neglects or refuses to remove any snow or ice piled, gathered or plowed up by him, her 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 Wolcott, it shall be the duty of the Superintendent of Public Works of the Village of Wolcott 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.
The Village Clerk shall promptly present to the violator of this chapter a bill for the removal of snow and/or ice, as provided in § 126-4E 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, collectable in the same manner as delinquent Village taxes, and in the case of a person, firm or corporation in the business of snow plowing or snow removal, nonpayment shall be sufficient reason to revoke any license issued under the provisions of this chapter.
The lessee, occupant or person having charge, or, if there be no lessee, occupant or person having charge, then the owner of any building abutting upon or near any public street or place so that snow or ice may fall from the roof thereof into or upon such street or place, or upon the sidewalk thereof, shall cause all snow and ice to be removed from such roof before 8:30 a.m. after the same shall have ceased falling or forming, or provide suitable guards so that the ice or snow shall not be discharge upon the sidewalk.
It shall be the duty of each police officer in case he or she finds that the snow and ice have not been removed from sidewalks and roofs or in case of the neglect of the person charged with such duty by this chapter to spread sand or other substance upon ice or snow when the same cannot be removed within the time required by this chapter, to immediately to notify the Village Clerk thereof.
Whenever any owner, lessee, occupant or person having charge of any parcel of real estate shall fail or neglect to remove snow and ice from any such sidewalk or roof, as provided in this chapter, the Superintendent of Public Works, without notice, shall have ice and snow removed therefrom.
A bill for expense incurred thereby shall be presented by the Village Clerk on or before the 10th business day of the following month to the owner or other person responsible, personally, or by leaving the same at his or her residence or by mailing the same to him or her at his or her last known place of residence by mail, or, if the name of such owner or other person responsible, or if his or her place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place on his premises.
If the owner or other person responsible shall fail to pay the same within 10 days thereafter, the Village Clerk shall file each year immediately preceding the time for making the annual assessment roll his or her certificate of the actual cost of the work, together with a statement as to the property in front of or on which the cleaning was done, with the Assessors of the Village who shall, in preparation of the next assessment roll of general Village taxes, assess such amount upon such property, and the same shall be levied, corrected, enforced and collected in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property assessed as the general Village tax and as part thereof.
The Superintendent of Public Works shall compute the bill for the removal of snow as follows:
If the work is done by an independent contractor, the amount of his or her bill plus an additional charge of 50% thereon to cover the expenses of administration and supervision.
If the work is done by Village employees and equipment, the actual and direct costs of labor, including a twenty-five-percent surcharge to cover social security, worker's compensation, retirement benefits and other employee overhead expenses and the usual and customary charges of 50% thereon to cover the expenses of administration and supervision.
There is hereby declared an emergency to exist in the Village of Wolcott by reason of a heavy snowstorm whenever snow falls during any period of 24 hours or less to a depth of four inches or more, in that such a storm constitutes a serious public hazard impairing transportation, the movement of feed and fuel supplies, medical care, fire, health and police protection, and other vital facilities of the Village. Such an emergency is declared to continue for a period of 24 hours or until such earlier time as snow plowing operations have been declared completed by the Mayor of the Village of Wolcott.
Whenever such an emergency exists and the Mayor of the Village of Wolcott shall have caused announcement thereof to be made by any radio station, whose normal operating range covers the Village of Wolcott, it shall be unlawful for any person to park or suffer to be parked any vehicle of any kind or description between the hours of 9:00 p.m. and 6:00 a.m., inclusive, upon any street, avenue or roadway in the Village of Wolcott, provided that vehicles may be parked for a period of time no longer than five minutes for actual loading or unloading of passengers or 30 minutes for actual loading and unloading property; provided further that no other regulations restricting parking as to place or time is violated thereby.
Any person, firm or corporation engaged in the activity and/or business of snow plowing or snow removal in the Village of Wolcott shall obtain from the licensing officer a license to engage in said activity and/or business.
Any homeowner/property owner engaged in the sole activity of plowing his or her private residence/property will be excluded from the permit application and all fees associated with such.
An application for said license shall be duly executed which application shall contain the following information:
The name and address of the applicant and, if the applicant be a corporation or firm, the officers of said corporation.
A statement that the applicant will faithfully adhere to the provisions of the laws of the State of New York and the Village of Wolcott as they relate to his business and the conduct thereof.
A complete list and addresses of all properties and/or parcels that applicant will be plowing.
Upon receipt of a duly executed application as provided in this chapter, the licensing officer shall forthwith issue a license to engage in said business of snow plowing or snow removal upon payment of a fee of $10 therefor.
Said license shall be valid until the first day of June next succeeding its issuance.
Any violation of this chapter shall constitute a violation pursuant to the Penal Law punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or by both such fine and imprisonment.