[Adopted  3-15-1978 by L.L. No. 1-1978 (Art. III of Ch. 91 of the 1974 Code)]
[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.