[Adopted 4-13-1971 by Ord. No. 304(24) (Ch. XXII, Part 2B, of the 1971
Code of Ordinances)]
The owner, occupant or tenant of every property abutting upon
or alongside any street or alley in the Borough of Tamaqua is hereby
required to remove or cause to be removed from all of the sidewalks
in front of, alongside or abutting upon such property, all snow and
ice thereon fallen or formed, within 24 hours after the same shall
have ceased to fall or to be formed, such removal to be accomplished
so that a walkway at least three feet wide shall have been cleared
along the entire extent of such sidewalks. Provided that the owner
of a property shall be responsible for conforming to the requirements
of this section where such property shall be occupied by such owner,
shall be vacant or unoccupied, or shall be a multiple-unit property,
having more than one tenanted or tenantable unit; the tenant or occupier
shall be so responsible where such property is a single-unit property,
occupied by such tenant or occupier only. Provided further: in removing
such snow and/or ice, it shall be unlawful to place or deposit any
of the same into any street or gutter.
In any case where the owner, occupant or tenant, as aforesaid, shall fail, neglect or refuse to comply with any provision of § 286-21, within the time limit prescribed therein, the Borough authorities may proceed immediately to clear all snow and/or ice from the sidewalk of such delinquent, and to collect the expenses thereof, with an additional amount of 10% thereof, from such owner, occupant or tenant, as the case may be, which may be in addition to any fine or penalty imposed under § 286-23, Violations and penalties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any owner, occupant or tenant who shall fail to remove any snow or ice from any sidewalk as required by § 286-21, Snow and ice to be removed from sidewalks within 24 hours, or who shall violate any provision of the said section, shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Schuylkill County correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. Such fine and costs of prosecution may be in addition to any expenses and additional amounts imposed as provided in § 286-22, Abutting property.
