[Ord. 264, 11/6/1969, § 1; as amended by Ord. 384,
6/7/1999; and by Ord. 407, 6/7/2004]
1.
Every person in charge or control of any building or lot of land
fronting or abutting on a paved sidewalk, whether as owner, tenant,
occupant, lessee, or otherwise, shall remove and clear away or cause
to be removed or cleared away, snow and/or ice from a path of at least
30 inches in width from so much of said sidewalk as is in front of
or abuts on said building or lot of land.
A.
Except as provided in subsection B. hereof, snow and/or ice shall
be removed from sidewalks within 24 hours after the cessation of any
fall of snow, sleet, freezing rain, or mixture thereof.
B.
In the event a snow and/or ice accumulation on a sidewalk is so hard
that the same cannot be removed without likelihood of damage to the
sidewalk, the person charged with the removal shall, within 24 hours
after the cessation of any fall of snow, sleet, freezing rain, or
mixture thereof, cause enough sand or other abrasive material to be
placed on the sidewalk in order to make travel by the public over
the sidewalk reasonably safe; and shall, as soon thereafter as weather
permits, cause to be cleared a path in said sidewalk of at least 30
inches in width.
2.
Snow or ice is to be removed regardless of how it came to be placed
on the sidewalk. For instance, if snow and/or ice were plowed back
onto the sidewalk by a snowplow, the owner, occupant, or tenant would
still be responsible for removing the same from the sidewalk consistent
with the provisions of this section. Snow may not be returned to or
redeposited on the road or street.
3.
No person shall deposit or cause to be deposited any snow and/or
ice on or immediately next to a fire hydrant or on any sidewalk, roadway,
or loading or unloading area used by the public, except that any such
snow and/or ice may be mounded by the Borough of New Oxford, its agents
or employees incident to its clearing of the snow or ice from public
roads, alleys, sidewalks, or other such public ways.
4.
Every person in charge or control of any building or other structure,
whether as owner, tenant, occupant, lessee, or otherwise, shall remove
and clear away or cause to Be removed and cleared away, any accumulation
of snow and/or ice on said building or other structure which is liable
to fall on any sidewalk, roadway, or other public way. Such work shall
be completed within a reasonable time, but not later than 24 hours
after the cessation of any fall of snow, sleet, and/or freezing rain.
[Ord. 264, 11/6/1969, § 2]
In any case where the owner, occupant or tenant, as aforesaid,
shall fail, neglect or refuse to comply with any provision of § 501
of this Part, 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 the § 503 of this Part.
[Ord. 264, 11/6/1969, § 3; as amended by Ord. 384,
6/7/1999; and by Ord. 453, 6/1/2015]
1.
An initial violation of this Part shall result in a written warning.
2.
Any person who shall violate any of the provisions and regulations
of this Part, following the issuance of the initial written warning,
upon violation and conviction thereof, shall pay a fine of $50 plus
any court costs incurred by the Borough of New Oxford in the enforcement
proceedings. Each day that any person shall continue in violation
of the provisions and regulations of this Part shall constitute a
separate violation. Any subsequent violations of the provisions and
regulations of this Part by any person in the same calendar year,
without written warning, shall subject such person to a fine of $50
plus any court costs incurred by the Borough of New Oxford in the
enforcement proceedings. Following the successful prosecution of any
continuing violation of the provisions and regulations set forth in
this Part, any person found to be in violation of the same shall be
subject to a civil penalty not to exceed $600 per violation to be
imposed by the District Court in lieu of the assessment of a fine
and costs as previously provided for herein.
