Borough of West Reading, PA Snow and Ice Removal From Sidewalks

[Amended 10-20-2009 by Ord. No. 985; 6-17-2014 by Ord. No. 1029; 11-21-2017 by Ord. No. 1074]

From and after the date of the passage of this section, it shall be the duty of every person, association, partnership or corporation owning or occupying any property fronting on any public street or alley within the Borough of West Reading to remove or cause to be removed from the sidewalks of said premises all ice, snow or sleet within a period of 36 hours after the same shall have ceased to fall thereon. Due to the increased pedestrian traffic on Penn Avenue, all ice, snow or sleet shall be removed within a period of 24 hours after the same shall have ceased to fall thereon. Said sidewalks shall be kept clear of such ice, snow and sleet thereafter, unless said snow and/or ice be of such a hardened or frozen condition that it cannot be removed without injury to the sidewalk, in which case the owner, occupant or tenant of each such property is required to place salt, sand or other abrasive or chemical material upon said snow and/or ice within the time provided above to render such sidewalks safe for travel.

For the purpose of complying with the provisions of Subsection A hereinabove, it shall be the duty of every such person, association, partnership or corporation owning or occupying any property to conform to the requirements of this section, whether or not such owner is present on the property, and whether or not such owner has delegated such responsibility to a third party or tenant. In the instance of a building which is occupied by multiple residential or commercial tenants, any such snow and/or ice removal shall be the responsibility of the owner of said premises, whether or not such responsibilities have been delegated to a third party.

(1)

The owner of any property fronting on a public street or alley within the Borough of West Reading shall clear a path of at least 36 inches in width on the sidewalks fronting such premises. Sidewalks measuring less than 36 inches must be cleared entirely.

(2)

In order to accommodate increased pedestrian traffic on Penn Avenue, a path of at least 48 inches in width shall be cleared. Where certain Penn Avenue properties have a sidewalk width of less than 48 inches, a path of 36 inches in width shall be cleared.

(3)

The owner of any property fronting a public street or alley with a bus shelter or fire hydrant shall clear sidewalks surrounding those areas.

Exceptions.

(1)

State of emergency/government closure. In the event that snow or ice, or combination thereof, causes a declared state of emergency or the closure of the Borough of West Reading office, the occupant, owner or other person in charge of a property shall have an additional 48 hours to fulfill the requirements of Subsections A and B hereof.

(2)

Extreme winter conditions. In the event that snow or ice cannot be removed due to packed ice or other conditions and a reasonable effort has been made during the specified time frame to render the sidewalks safe for travel, a fine will not be assessed. Once the snow has melted or is able to be removed, the provisions of Subsections A and B hereinabove shall apply.

Authorized officials of the Borough of West Reading engaged in the enforcement of the regulations established in Subsections A and B shall have the authority to notify (by first-class mail, hand delivery or posted on the property) any such person, association, partnership or corporation violating Subsection A or B that he or she shall pay at the office of the Borough Hall, 500 Chestnut Street, West Reading, within 10 days from the time of the notice, the sum of $25 for the first offense, $50 for the second offense, and $100 for the third offense. Each day that a violation of this section continues shall constitute a separate offense. If such payment shall not be made at the office within the ten-day period, that violator shall be subject to prosecution and to the penalty prescribed in § 396-3 of this article. Notification by hand delivery shall include, among other things, affixing a notice to the front door of the office or residence of any such person, association, partnership or corporation violating Subsection A or B.

[Amended 4-15-1969 by Ord. No. 546]

Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a 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 Berks County.

[Amended 3-20-2018 by Ord. No. 1080]

All matters referred to as being unlawful in this article are declared to be nuisances and removable as such by the Borough. If the cost of removal is not promptly paid, a municipal lien shall be filed therefor or otherwise collected as authorized by law.