[Amended 3-11-1997 by L.L. No. 6-1997; 9-26-2000 by L.L. No.
11-2000; 8-17-2004 by L.L. No. 3-2004; 2-10-2009 by L.L. No.
1-2009]
A. Every owner, lessee, tenant, occupant or other person
having charge or control of any building or lot of land abutting upon
any street or public place where the sidewalk is flagged, concreted
or otherwise paved or laid shall keep the sidewalk in front of the
premises clean and free from papers, rags, scraps, sticks, leaves,
yard waste, earth and any and all manner of rubbish, refuse and any
hazardous materials, including snow and ice, except that in the case
of school or arterial sidewalks duly designated as such by the Town
Board, the obligation to remove snow and ice shall be the responsibility
of the Town.
B. Every owner, lessee, tenant or other person having
charge or control of any building or land abutting upon any public
street or public place which has a sidewalk not designated school
or arterial shall remove any snow or ice which shall fall, form or
accumulate on such sidewalk within 36 hours after such snow or ice
shall have fallen, formed or accumulated.
C. No owner, lessee, tenant or other person having charge
or control of any building or land abutting upon any public street
or public place shall place, sweep or otherwise deposit, or allow
to remain upon such street or public place, or any sidewalk adjacent
thereto, any papers, rags, scraps, sticks, lawn cuttings, leaves,
yard waste, dirt, refuse or rubbish, snow, ice or any material, nor
shall any such person permit any overflow from cesspools or septic
tanks, waste, or dirty or contaminated water to be poured, dumped
or directed onto any part of any abutting sidewalk, gutter or, street,
nor shall any such person grade, regrade or otherwise allow any surface
water which accumulates on property abutting a public street to be
directed or otherwise allowed to flow upon any such street, or direct
water thereon from sump pumps, in such manner as to create any hazard,
danger or risk thereof, resulting from the formation of ice, ponding
or any other dangerous condition, to vehicles or persons using said
streets.
[Amended 2-10-2009 by L.L. No. 1-2009]
Any encroachment upon or encumbrance of any
part of the sidewalk or street by any stock of food, merchandise,
produce, waste material or any other article or thing that obstructs
the sidewalk or street is prohibited.
[Amended 2-10-2009 by L.L. No. 1-2009; 4-9-2013 by L.L. No.
2-2013]
Any person found guilty of a violation of any
provision of this chapter shall be punished by a fine of up to $2,500.
Any person found guilty of a second offense of any provision of this
chapter within 18 months of the date of the first conviction shall
be punished by a fine of not less than $2,500 and not more than $5,000.
Any person found guilty of a third offense of any provision of this
chapter within 18 months of the date of the second conviction shall
be punished by a fine of not less than $7,500 and not more than $10,000.
Any person found guilty of a fourth or subsequent offense of any provision
of this chapter within 18 months of the date of the third conviction
shall be punished by a fine of not less than $10,000 and not more
than $15,000. The continuation of an offense against the provisions
of this article shall constitute, for each day the offense is committed,
a separate and distinct offense hereunder.
[Amended 9-26-2000 by L.L. No. 11-2000; 2-10-2009 by L.L. No. 1-2009]
The provisions of this article shall be enforced by the Superintendent of Highways, his designees, code enforcement officials of the Town of Clarkstown and those other Town officials authorized to issue appearance tickets, pursuant to Chapter
4 of this Code.