[Adopted 11-18-1980 by L.L. No. 11-1980]
The purpose of this article shall be to preserve
the public peace and good order in the village, to contribute to the
public welfare, safety and good order of its people and to contribute
to the safe conveyance of its people over the streets and sidewalks
of the village by establishing certain regulations for the removal
of snow and ice from the streets and sidewalks of the village that
are consistent with the rights and privileges of other residents of
the village. It is further noted that certain snow-removal practices
are a vexation and annoyance not only to the traveling public but
to the owners and occupants of adjoining lands. It is for these reasons
and others that the Board of Trustees of the Village of Newark is
compelled to legislate upon the subject matter.
It shall be the duty of the owner and occupant,
jointly, of every parcel of real estate adjoining a public sidewalk,
whether the parcel of real estate is occupied by a structure or not,
to keep such sidewalks adjoining such property free from snow and
ice and for the full paved width of such sidewalk.
Snow and ice shall be removed within 24 hours
after the end of a snowfall. Sidewalks in front of commercial establishments
and commercial parking lots shall be kept free of snow and ice at
all times between the hours of 9:00 a.m. and 5:00 p.m.
In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in § 145-9, be strewn and kept strewn with ashes, sand, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in this article.
Whenever the owner or occupant of every 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 article or within four hours after notice of the
Coordinator of Public Works of the Village of Newark to remove same,
it shall be the duty of the Coordinator of Public Works to remove
said snow or ice from such sidewalk and notify the Village Clerk of
the expense incurred by the amount of labor, equipment and materials
used.
The Village Clerk shall promptly present to
the owner or occupant of each parcel a bill for the removal of snow
and ice as certified by the Coordinator of Public Works. If not paid
within 30 days, the cost thereof shall be assessed against the property
and become a lien thereon, collectible in the same manner as delinquent
village taxes.
The owners or occupants of buildings adjacent
to public sidewalks shall prevent the falling of snow, ice or water
from such buildings upon said public sidewalks.
No person, firm or corporation shall deposit,
throw, place or strew, nor shall any person, firm or corporation cause
to be deposited, thrown, placed or strewn, any snow or ice upon any
street, avenue or roadway within the Village of Newark.
A.
No person, firm or corporation shall pile, gather
up, plow up or in any way force any snow or ice upon any street, avenue
or roadway within the Village of Newark or from one street, avenue
or roadway onto any other street, avenue or roadway within the Village
of Newark.
B.
No person, firm or corporation shall pile, gather
up, plow up or in any way force any snow or ice upon any terrace or
parcel of land within six feet of any street, avenue or roadway in
such a manner as to cause the height of the snow and ice so piled,
gathered, plowed or forced to exceed three feet six inches in height
above the existing natural grade of said terrace or parcel of land
within six feet of said street, except that it shall be unlawful to
cover a fire hydrant with snow or ice.
C.
No person, firm or corporation, property owner or
occupant shall remove snow or ice from any parcel of real estate and
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.
D.
Any person, firm or corporation piling, gathering or plowing up snow or ice on any public street, avenue or roadway or to an excess height, as indicated in Subsection B, shall forthwith remove the same at his, her or its expense, upon the request of the Coordinator of Public Works of the Village of Newark.
E.
Whenever any person, firm or corporation neglects
or refuses to remove any snow or ice piled, gathered or plowed up
by him, her or it in violation of this article within four hours after
a request to do so by the Coordinator of Public Works of the Village
of Newark, it shall be the duty of the Coordinator of Public Works
to remove said snow or ice from such street or terrace and notify
the Village Clerk of the expense incurred by the amount of labor,
equipment and materials used.
F.
The Village Clerk shall promptly present to the violator of this article a bill for the removal of snow and ice, as provided for in Subsection E, as certified by the Coordinator of Public Works. If not paid within 30 days, in the case of a property owner, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent village taxes.
[Amended 3-17-2020]
A.
There is hereby declared an emergency to exist in
the Village of Newark by reason of a heavy snowstorm whenever snow
falls during any period of 24 hours or less to a depth of four inches
or more, in that such storm constitutes a serious public hazard impairing
transportation, the movement of feed and fuel supplies, medical care,
fire, health and police protection and other vital facilities of the
Village. Such an emergency is declared to continue for a period of
24 hours or until such earlier time as snowplowing operations have
been declared completed by the Superintendent of Public Works of the
Village of Newark.
B.
Whenever such an emergency exists and the Superintendent
of Public Works of the Village of Newark shall have caused announcement
thereof to be made through the Village of Newark website, their social
media sites, the Village Nixle Notification System, by the local radio
station, whose normal operating range covers the Village of Newark,
and any other valid means of communication, it shall be unlawful for
any person to park or suffer to be parked any vehicle of any kind
or description between the hours of 9:00 p.m. and 6:00 a.m., inclusive,
upon any street, avenue or roadway in the Village of Newark, provided
that vehicles may be parked for a period of time not longer than three
minutes for actual loading or unloading of passengers or 30 minutes
for actual loading or unloading of property, provided, further,that
no other ordinance or local law restricting parking as to place or
time is violated thereby.
C.
Any vehicle found in violation of § 145-16B shall be removed, without liability to the Village of Newark for possible damage from said place, by the police and placed in a parking lot or garage. The cost of towing (not to exceed $250) and parking (at the rate of $5 per day commencing on the third day) will by incurred to accomplish this. Said fees shall be paid by the owner or operator prior to the release of said vehicle to the owner or operator.
The violation of any of the provisions of this
article shall be punishable by a maximum fine of $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
Each day that a violation continues shall be considered a separate
offense.
