[HISTORY: Adopted by the Board of Trustees of the Village
of South Glens Falls 2-1-2017 by L.L. No. 1-2017. Amendments noted where
applicable.]
The purpose of this chapter shall be to preserve the public
well-being and good order in the Village, and to contribute to the
public welfare, health, safety and good order of its people and to
contribute to the safe conveyance of pedestrians upon the sidewalks
adjacent to streets in the Village by establishing certain requirements
for the removal of snow and ice from such sidewalks consistent with
the rights and privileges of all pedestrians.
Throughout the Village, it shall remain the joint and several
responsibility of every owner and every occupant of a parcel of real
estate adjoining a public sidewalk (whether the parcel of real estate
is improved, unimproved, occupied or unoccupied) that those sidewalks
adjoining the property shall be reasonably maintained free from snow
and ice for the full paved width of such sidewalk in accordance with
this chapter.
Snow and ice shall be removed within 48 hours after the end
of a snowfall/ice storm of at least two inches. Under circumstances
where a snowstorm or ice storm ceases during the night, it shall be
considered as ceasing at 7:00 a.m. thereafter. In addition, sidewalks
in front of commercial establishments shall at all times be kept reasonably
free of snow and ice.
In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without damage to the sidewalk within the time specified in § 121-3, the owner or occupant of each premises shall apply upon the sidewalks adjoining such property sufficient quantities of sand, salt, ice melt crystals or other suitable material, so as to alleviate dangerous sidewalk conditions to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and any applied materials thereon, as provided in this chapter.
Whenever the owner or occupant of a parcel of real estate adjoining
a public sidewalk fails to remove the snow and ice from such sidewalk
adjoining such property within the time specified in this chapter
and upon the expiration of a four-hour period subsequent to service
of a compliance demand upon the owner or the occupant (by the Mayor
or Superintendent of Public Works or their designee), thereafter the
Superintendent of Public Works or his agents may remove such snow
or ice from such sidewalk. Such compliance demand may be made upon
either the owner or the occupant in person, in writing or by telephone,
text message or email. The Superintendent of Public Works shall notify
the Village Clerk of any expenses incurred by the amount of labor,
equipment and materials used. A charge for such service shall be imposed
upon the owner and occupant at the actual cost; however, it shall
not be less than the equivalent of one hour's gross wage for
the highest paid hourly Village employee engaged in the actual snow
or ice removal activity on the owner's or occupant's property.
Where the property may have two or more occupants, the Village shall
not be required to allocate the billing among occupants and the property
owner shall be solely billed for the costs. This provision is intended
to be considered as an available remedy for compliance and shall not
be construed as an implied or actual duty of the Village or the Superintendent
of Public Works.
The Village Clerk shall promptly invoice to the owner or occupant
of a subject parcel a bill for the required removal of snow and ice
as presented by the Superintendent of Public Works. If not voluntarily
paid in full within 30 days, the cost thereof shall constitute a special
assessment against the property, added to the property tax bill and
constitute a lien thereon, collectible in the same manner as delinquent
Village taxes.
The owners and occupants of buildings adjacent to public sidewalks
shall take measures to protect the public from hanging snow, ice or
meltwater from such buildings.
No person, firm or corporation shall deposit, throw, place or
strew, nor shall any person, firm or corporation intentionally cause
to be deposited, thrown, placed or strewn, any snow or ice upon any
sidewalk, street, avenue, or roadway within the Village.
No person, firm, corporation, property owner or occupant shall
cause removal of snow or ice from any parcel of real estate and intentionally
place it upon another parcel of real estate without the express permission
of the owner of the parcel of real estate upon which the snow or ice
is to be placed, This provision shall not be construed as a limitation
or regulation pertaining to incidental placement of snow or ice discharged
from public snowplowing or public snow or ice removal activities occurring
in the due course of clearing municipal streets and highways.
In the event of a snowfall or ice storm event which may occur
before or after the Village's annually designated winter period
of prohibited on-street parking, the parking of vehicles on Village
streets shall also be prohibited at any time when two inches or more
of snow has fallen or has been forecast by the National Weather Service;
and either the Mayor or the Board of Trustees shall have authority
to declare a snow emergency for that snow or ice storm event and upon
such declaration, the requirements of this chapter shall also apply.
Any natural person, entity, firm or corporation that shall violate
any sections of this chapter shall be deemed a violator of the Village
Code and upon conviction thereof, the violator shall be subject to
a fine of not more than $500 for each offense. Each day that a violation
continues shall be deemed a separate offense.
