For the purposes of this chapter, the following words, phrases
and terms shall have the meanings respectively ascribed to them by
this section:
Roadway.
That portion of a street or highway improved, designed or
ordinarily used for vehicular travel, exclusive of the shoulder.
Sidewalk.
That portion of a street between the curb lines, or the lateral
lines of a roadway where there is no curb, and the adjacent property
lines, intended for the use of pedestrians.
Street or highway.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Town.
The Town of Taos, New Mexico.
(1981 Code, sec. 18-16; Ordinance 97-51, sec. 1, adopted 1997)
A. No
person, partnership, corporation or other entity shall deposit or
cause to be deposited any snow and ice on or against a fire hydrant
or on any sidewalk, roadway, street or highway, except that snow and
ice may be placed upon the public roadway either prior to the time
the town road crew plows the same after a storm or by spreading snow
and ice on the public roadway to a depth of no more than three inches
(3") so as not to create a hazardous condition.
B. In the event any person, partnership, corporation or other entity disposes of snow and ice in violation of subsection
A of this section, the town shall, as soon as practicable, cause such work to be done to remedy such violation by spreading or removing such snow and ice.
C. The
town shall ascertain and keep a record of the exact cost of all work
he [the town] causes to be done in accordance with this section on
account of each act or omission of any person, partnership, corporation
or other entity, and he shall identify such person or entity with
particularity in his records.
D. Each
person, partnership, corporation or other entity whose act or omission
makes it necessary that the town cause work to be done in accordance
with this section shall be liable to the town for the cost of such
work plus a penalty of ten percent (10%) of such cost.
(1981 Code, sec. 18-18; Ordinance 97-51, sec. 1, adopted 1997)
Any person, partnership, corporation or other entity who violates
any provision of this chapter shall be deemed guilty of a petty misdemeanor
and, upon conviction thereof, shall be fined in an amount not exceeding
one hundred dollars ($100.00). Each day such violation is committed,
or permitted to continue, shall constitute a separate offense and
shall be punishable as such hereunder.
(1981 Code, sec. 18-17; Ordinance 97-51, sec. 1, adopted 1997)