The purpose of this article is to impose a duty on the owner
of real property to remove or clear snow or ice from public sidewalks
adjacent to the owner's property. When a property owner fails
to comply with the requirements of this article, the sections below
provide a procedure for the City to remove snow or ice and recover
the cost from the property owner. In addition, the City may impose
a fine and pursue other enforcement mechanisms. This article is also
designed to secure safety and promote the public health and welfare
and convenience of access for all pedestrians and residents in the
City and is adopted, in part, pursuant to the authority of § 20(24)
of the General City Law and is therefore to be characterized as a
"local zoning law" for purposes of authorizing service of process
under Criminal Procedure Law § 150.40.
As used in this article, the following terms shall have the
meanings indicated:
OWNER
The person identified as the owner of the premises on the
real property tax records maintained by the Assessor of the City of
Plattsburgh.
PUBLIC SIDEWALK
Refers to the sidewalk lying parallel to a City street and
beyond the edge of the pavement of such street, whether located on
private or public property, including intersecting sidewalks at street
corners and mid-block crosswalks.
REMOVE or CLEAR
To remove or clear dry or loose snow, or where not possible,
to remove snow and ice with a hand operated snow removal device. When,
due to weather conditions, it is not possible to remove snow or ice
with a hand operated snow removal device, the sidewalk must be covered
in sufficient quantity by a substance to prevent slippery conditions
and insure safe passage by pedestrians.
SIDEWALK MEDIAN
A strip of land lying between the edge of the sidewalk nearest
the street and the edge of the street pavement.
SNOW OR ICE EVENT
A weather event, which includes snow, sleet, frozen rain,
blowing snow, hail or other precipitation, as publicly declared by
a designated City official. The City's activation of the parking-ban
lights will be presumably, but not in all cases, provide additional
public notice of a "snow or ice event."
It shall be the duty of the owner of a developed or vacant lot
that adjoins a public sidewalk to remove or clear snow and ice from
such public sidewalk within 24 hours after the end of a snow or ice
event, as publicly declared by a designated City official. Except
as provided herein, the entire width of the sidewalk shall be cleared,
edge to edge, creating conditions that allow safe pedestrian travel
and preventing any accumulation of ice and/or snow, or impenetrable
ice/snow that is not treated to prevent slipping.
The property owner has the sole legal obligation to remove snow
and/or ice. If this duty is not performed, the property owner is liable
for charges imposed by the City for removal of snow and/or ice. The
property owner is not exempt from this duty, regardless of any agreement
between property owner and occupant that assigns this responsibility
to the occupant.
No person shall deposit snow from his property or a public sidewalk
adjacent to his property, on a City street, or the property of another
person. In addition, the owner of the property from which the snow
is removed may be found liable for the acts of his or her employees,
agents or contractors, who violate this section.