Borough of Emmaus, PA Part 3 SNOW AND ICE AND MUD REMOVAL

§ 21-301 Removal of Snow and Ice From Sidewalks.

[Ord. 992, 7/18/2005; as amended by Ord. 1077, 5/2/2011]

1. No person owning or occupying any property that adjoins a street in the Borough of Emmaus shall permit snow or ice to accumulate or remain upon adjacent sidewalks, pavements, gutters or other walking surfaces for a period of time in excess of 24 hours after precipitation ends.

2. Anyone who fails or neglects to remove snow or ice within 24 hours after the end of precipitation shall be served a notice to remove by an authorized officer of the Borough or as directed by the Mayor. Following service of such notice, should such person fail or neglect to comply with the notice to remove within 24 hours, that person shall be liable to the Borough for the costs of remediation and fines.

3. Anyone who violates the provisions of this section during a calendar year shall, upon conviction thereof, be required to pay a fine of: $100 for the first offense; $150 for the second offense; and $200 for each subsequent offense; together with the costs of remediation expended by the Borough and the administrative costs and legal fees incurred by the Borough in the enforcement of these provisions. The costs of remediation and enforcement may be placed upon the subject property as a municipal lien through appropriate proceedings, if not paid to the Borough within 30 days.

§ 21-302 Prohibition of Depositing Snow and Ice Into Roadways.

[Ord. 992, 7/18/2005]

1. No person shall remove snow or ice from any sidewalk, pavement or private property in the Borough of Emmaus, and put, place or deposit or cause to put, place or deposit any snow or ice into any portion of the public right-of-way designated for vehicular travel. The portion of the public right-of-way designated for vehicular travel shall be defined as the area on each side of the center line of the roadway, whether marked or unmarked, that is used for vehicular movement of travel.

2. Where reasonably possible, all accumulated snow or ice shall be placed into the area behind the sidewalks where possible. At locations where there is no area that exists to place the accumulated snow or ice, it shall be permissible to place the accumulated snow or ice into small piles along the curb line of the roadway, provided that the placement of the snow or ice does not present a safety hazard or a drainage problem, or some other unacceptable condition, as determined by a designated representative of the Borough.

3. Anyone who violates the provisions of this section during a calendar year shall, upon conviction thereof, be required to pay a fine of: $25 for the first offense; $50 for the second offense; and $100 for each subsequent offense; together with the costs of remediation expended by the Borough and the administrative costs and legal fees incurred by the Borough in the enforcement of these provisions. The costs of remediation may be placed upon that individual's property as a municipal lien through appropriate proceedings, if not paid within 30 days.

§ 21-303 Prohibition of Depositing Foreign Debris on Roadways.

[Ord. 992, 7/18/2005]

1. No one shall deposit, place, spill or spread mud, dirt or any foreign debris of any kind on any portion of any public roadway in accordance with 75 Pa.C.S.A. § 4903(a) and (b).

2. Anyone who violates any provision of this section shall be served a notice to remove by an authorized officer of the Borough or as directed by the Mayor, requiring immediate compliance. Should the person fail to comply with the notice to remove, the Borough, its workforce or designated agents, may perform the necessary work to eliminate the foreign debris from the roadway.

3. Anyone who violates any provision of this section shall, upon conviction thereof, be fined in accordance with the provisions of 75 Pa. C.S.A. § 4903(f).