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.
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.