[Adopted 2-2-2009 by Ord. No. 1484]
[Amended 11-18-2013 by Ord. No. 1563]
This article is adopted in order to provide for the timely and
complete removal of snow, slush and ice from the sidewalks and curb
ramps in the City of Gardner to ensure that all residents, including
wheelchair users, the elderly, and others with disabilities, can traverse
public sidewalks safely.
The following words and phrases, when used in this article,
shall have the following meanings:
Any accumulation of snow, slush, or ice which does not melt
upon contacting the paved path.
To remove snow, slush or ice in a manner that clears the
full paved path or a minimum of 42 inches wide.
The owner, occupant, tenant, mortgagee in possession, or
manager of any commercial, industrial, mixed-use, or residential building,
estate, or land abutting on a sidewalk.
All land and the buildings thereon located in the City of
Gardner.
A.
For the purpose of causing the removal of snow and ice from sidewalks
in certain portions of the City, the following district is hereby
established:
(1)
Easterly
side of Central Street from the railroad tracks adjacent to 206 Central
Street to West Lynde Street;
(2)
Westerly
side of Central Street from the railroad tracks adjacent to 206 Central
Street to Vernon Street;
(3)
Easterly
side of Main Street from West Lynde Street to 150 Main Street;
(4)
Westerly
side of Main Street from Pleasant Street to 167 Main Street;
(5)
Easterly
side of Pleasant Street from City Hall Avenue to Main Street;
(6)
Westerly
side of Pleasant Street from City Hall Avenue to Parker Street;
(7)
Northerly
side of Parker Street from Oak Street to Vernon Street;
(8)
Southerly
side of Parker Street from Nichols Street to Pleasant Street;
(9)
Northerly
and southerly sides of City Hall Avenue from Main Street to Nichols
Street;
(10)
Easterly side of Nichols Street from City Hall Avenue to Parker Street;
(11)
Northerly side of West Lynde Street from Central Street to Lake Street
extension; and
(12)
Easterly and westerly sides of Connors Street from Parker Street
to City Hall Avenue.
(13)
Easterly side of East Broadway from 8 East Broadway to Chelsea
Street.
[Added 12-18-2017 by Ord.
No. 1609]
B.
No property owner in said district shall place or suffer to remain
for more than three hours between sunrise and sunset during weekdays,
and six hours between sunrise and sunset during weekend days, any
slush or any loose, granular, or packed snow upon such sidewalk. Any
slush or snow shall be cleared as defined herein and in a manner that
ensures the orderly flow and safety of pedestrian traffic upon such
sidewalk. The term "sidewalk" shall include any curb ramps providing
access to crosswalks abutting the property.
C.
The removal of ice shall be deemed sufficient if such ice is made
level and completely covered with sand, sawdust, or other appropriate
material to prevent slipping.
[Added 4-2-2018 by Ord.
No. 1610]
No person shall remove snow, slush or ice from privately owned
real property and place it upon any public sidewalk, street, or public
property.
A.
If the owner or occupant fails to remove such snow within the time limit provided in § 567-29, the City may remove or cause to be removed such accumulation of snow and/or ice, and the owner or occupant shall reimburse the City for the expense incurred for such removal. The sum so expended may be recovered by the City as provided in MGL c. 111, § 125, and MGL c. 139, § 3A, relative to liens for such debt and collection of the claims for such debt, or in an action of contract by the City against said owner or occupant.
B.
This article may also be enforced by civil process, criminal process
or by noncriminal disposition as provided in MGL c. 40, § 21D.
C.
Each day on which a violation exists shall be deemed to be a separate
offense, and any person in violation of this article shall be subject
to the following fines:
[Amended 11-18-2013 by Ord. No. 1563; 2-22-2022 by Ord. No. 1643]
D.
In addition to the penalties set forth above, the Building Commissioner
or the Police Chief, or his designated agent, may seek an injunction
from a court of competent jurisdiction to restrain any violation of
this article.
[Amended 11-18-2013 by Ord. No. 1563]
F.
This article shall not be enforced against the City or the Commonwealth
of Massachusetts, its authorities, departments, or agencies.