[Adopted 3-14-1978 by Ord. No. 1241; amended in its entirety 9-19-2011 by Ord. No. 2011-3040 (Ch. 234, Art. IV, of the 1996 Township Code)]
Pursuant to N.J.S.A. 40:65-12, the owner or owners, occupant or occupants, tenant or tenants of premises abutting or bordering upon any street in the Township of Middletown shall remove all snow and ice from the abutting sidewalks of such streets or, in the case of ice, which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand, salt or cinders within 24 hours after the same shall fall or be formed thereon.
Pursuant to N.J.S.A. 40:65-12, in case the building is occupied by more than one family or business entity, then the tenant or occupant of the first floor or story thereof is hereby required to remove all snow and ice from such portion of the sidewalks or, in the case of ice which is impracticable to remove, cover the same with sand, salt or cinders within 24 hours after the same shall be formed or fall thereon. The sidewalk shall be cleared from snow and ice, creating a clear open path not less than 24 inches in width.
Pursuant to N.J.S.A. 40:65-12, any commercial property or business entity which provides handicapped parking spaces to the public is required to remove the snow, ice, or other obstacles from such handicapped parking spaces, curb cuts or other improvements designed to provide accessibility. Ice and snow must be removed from the parking space, curb cut, or other improvement for accessibility within 24 hours after the snowfall ceases or the ice is formed thereon. Ice so frozen as to make removal impracticable shall be thoroughly covered with sand, salt or cinders within that twenty-four-hour period.
No person, firm or corporation, the owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice into or upon any street in said Township, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice, which accumulated within the private property belonging to said person, upon the sidewalks or streets of the Township of Middletown.
Pursuant to N.J.S.A. 40:65-12, in case such snow or ice shall not be removed from such sidewalks or shall be cast, deposited thereon or placed upon said sidewalks or said streets by the owner or owners, tenant or tenants, occupant or occupants of any said premises as provided in §§ 428-48 and 428-49 hereof, the same may be removed forthwith under the direction of the road foreman, and the cost of such removal as nearly as can be ascertained shall be certified by the road foreman to the governing body. The governing body shall examine such certification, and if found to be correct, shall cause such cost to be charged against such real estate so abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and tax upon such real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon such premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines imposed by the provision of this article shall not constitute any bar to the right of the Township of Middletown to collect the cost as certified for the removal of said snow or ice in the manner herein authorized.
Pursuant to N.J.S.A. 40:49-5, any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be punished by imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners for any term not exceeding 90 days; and/or a fine not exceeding $2,000; and/or a period of community service not exceeding 90 days by being ordered to report to the Department of Public Works, Parks, and Engineering to provide snow removal services for homeowners on the voluntary senior and disabled resident registry created by § 428-52 hereof, or on Township-owned premises, within 24 hours of a snowfall. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Editor’s Note: Former § 428-52, Voluntary registry of senior and disabled residents, was repealed 10-16-2017 by Ord. No. 2017-3208.
Enforcement of the provisions of § 428-48 shall be strictly enforced in school zones as defined by the Township's certified Drug-Free School Zone Map adopted under Chapter 223, Drug-Free Zones, of the Code of the Township of Middletown. Enhanced enforcement only allows for the issuance of a single warning before citations are mandatorily imposed by the enforcing official, who shall also be required to notify the Department of Public Works, Parks, and Engineering of the need for snow or ice removal on the premises. In addition to special assessments or liens being made pursuant to § 428-50 hereof, the violator shall mandatorily be cited pursuant to § 428-51 hereof if noncompliance extends 24 hours beyond the opening of school.