Borough of Schwenksville, PA Article I Removal of Snow and Ice

[Adopted 3-10-1977 by Ord. No. 152]

§ 143-1 Short title.

This article shall be known and may be cited as the "Borough of Schwenksville Snow and Ice Sidewalk Clearing Ordinance."

§ 143-2 Definitions and word usage.

A. Word usage. When not inconsistent with the context, words used in the singular include the plural, and words in the plural include the singular, and words used in the present tense include the future. The word "shall" is always mandatory.

B. Definitions. The following words, terms, and phrases as used in this article shall have the meanings given herein.

BOROUGH

The Borough of Schwenksville Montgomery County, Pennsylvania.

BOROUGH COUNCIL

The Borough Council or its authorized representatives.

[Amended 7-14-2016 by Ord. No. 387]

CURB

A concrete edging to a street that separates the street gutter from the sidewalk or berm and directs stormwater and/or an edging to a parking area that directs stormwater.

[Added 7-14-2016 by Ord. No. 387]

OWNER

Includes any individual owner of record as recorded in the office for recording of deeds in and for the County of Montgomery, situate in the Court House, Norristown, Pennsylvania, and where ownership is revealed to be registered by deed in more than one person or entity, "owner" shall include any individual or other entity so appearing regardless of his, hers or its percentage of ownership interest.

[Added 10-13-1980 by Ord. No. 176]

PAVEMENT

Sidewalk.

[Added 7-14-2016 by Ord. No. 387]

PAVING

The construction of sidewalks or driveway aprons or the laying of asphalt on roadways.

[Added 7-14-2016 by Ord. No. 387]

PENNDOT

The Pennsylvania Department of Transportation.

[Added 7-14-2016 by Ord. No. 387]

PERSON or PERSONS

Any person or persons, male or female, corporation, partnership, association, company, individual, owner, occupant, lessee, tenant or any organization.

SIDEWALK

The footway or that part of the sidewalk area that is paved.

SIDEWALK AND SIDEWALK AREA

Includes the portion of a street located outside the cartway and may include paved footway, unpaved grassplot, curb and gutter as well as the area between the curbline and the side of the right-of-way.

STREET

Any highway or street within the Borough of Schwenksville, opened to public use and maintained by the state, county or borough.

[Amended 7-14-2016 by Ord. No. 387]

§ 143-3 Declaration of public nuisance.

The allowance or permitting of or the causing of snow or ice to lie upon, remain upon or be piled or accumulated upon the sidewalks of the Borough shall constitute a public nuisance.

§ 143-4 Duty to remove.

[Amended 10-13-1980 by Ord. No. 176]

It shall be the duty of any owner or owners of premises situate within the Borough, whether said premises be owner-occupied, tenant occupied, unoccupied or unimproved ground, not later than 24 hours after snow has ceased to fall or formation of ice has occurred, in amounts or accumulation as hereinafter set forth, to clear or cause to be cleared, a clear and unencumbered pathway upon the paved footway or sidewalk of the street or highway upon which such premises or property abuts.

A. Accumulations of snow in excess of two inches of snow or any glaze or ice covering the sidewalk or any portion thereof;

B. The pathway required hereby shall not be less than 24 inches in width and shall be thoroughly cleared of snow and ice or other obstructions.

C. Where crosswalks intersecting with property frontage, or the intersecting corners of dual frontage, owner of said property frontage shall be required to clear an opening no less than 24 inches in width that shall be maintained thoroughly clear of snow and ice or other obstructions in accordance with § 143-5, Method of removal.

[Added 7-14-2016 by Ord. No. 387]

D. On corner properties, owners are responsible to ensure a twenty-four-inch-wide connection between intersecting sidewalks.

[Added 7-14-2016 by Ord. No. 387]

E. Where driveway aprons double as sidewalks, the full length of the driveway apron must be cleared of snow at least twenty-four-inch-wide and a through connection to the adjacent property must be provided.

[Added 7-14-2016 by Ord. No. 387]

§ 143-5 Method of removal.

A. Snow or ice removed from sidewalk areas shall be placed on the abutting property.

B. If there shall be an excessive amount of snow or ice, and there is no longer any place on the abutting property to shovel the snow, then it may be placed along the curbline, but not in the street.

C. Should the snow and ice on the sidewalk be frozen so hard that it cannot be removed without injury to the pavement or damaging the base of the footpath, the person charged with the responsibility of the snow and ice removal shall cause the sidewalk abutting or adjacent to such premises to be strewn and to be kept strewn with ashes, sand, salt, sawdust or any suitable abrasive material, and shall, as soon thereafter as the weather shall permit, thoroughly clean such sidewalks.

D. It shall be illegal to throw or pile any snow around or upon any fire hydrant.

§ 143-6 Violations and penalties.

Any person who shall violate any of the provisions of this article, or who shall fail to comply with the conditions or requirements in accordance with the provisions hereof, shall, upon conviction thereof, be punishable for each offense by a maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days.