[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic
Beach 3-8-2004 by L.L. No. 1-2004. Amendments
noted where applicable.]
The purpose of this chapter shall be to preserve the public peace and
good order in the Village, and 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 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 for the full paved width of such sidewalk.
Snow and ice shall be removed within 24 hours after the end of a snowfall.
In addition, sidewalks in front of commercial establishments shall be kept
free of snow and ice at all times.
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 § 188-3, be strewn and kept 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 chapter.
Whenever the owner or occupant of a 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 chapter or within four hours
after notice by the Superintendent of Public Works to remove same, it shall
be the duty of the Superintendent of Public Works to remove such said snow
or ice from such sidewalk and to notify the Village Clerk of the expenses
incurred by the amount of labor, equipment and materials used. The charge
shall be not less than the equivalent of one hour's wage for the highest
paid hourly Village employee.
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 Superintendent
of Public Works. If not paid within 30 days, the cost thereof shall be assessed
against the property, added to the property tax bill 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
take measures to protect the public from the falling snow, ice or water from
such buildings.
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.
No person, firm, 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.
Parking on Village streets is prohibited at any time when two inches
or more of snow has fallen or has been forecasted by the National Weather
Service or the Mayor or the Board or Trustees has declared a snow emergency.
Any person, firm or corporation that shall violate any sections of this
chapter shall, upon conviction thereof, be subject to a fine of not more than
$500 for each offense. Each day that a violation continues shall be considered
a separate offense.
Should any section, paragraph, sentence, clause or phrase of this chapter
be declared unconstitutional or invalid for any reason, the remainder
of said local law shall not be affected thereby.
This chapter shall take effect on filing with the Secretary of State
as provided by law.
