Township of Hillside, NJ Article III Snow and Ice Removal

[Adopted 12-21-1971 as Ch. VI, Sec. 6-10, of the 1971 Code;Amended in its entirety 3-19-1996]

§ 265-9 Duty to remove in residential zones.

The owner or owners, occupant or occupants or tenant or tenants of premises abutting upon any public street in a residential zone in the Township of Hillside shall remove from the abutting sidewalk, within 12 hours after the first daybreak after the falling and formation therein, all snow and/or ice that it is possible to remove. The application of salt, sand or some other harmless substance shall be applied to that portion not removed so that the same shall be rendered reasonably safe for pedestrian travel as soon as possible thereafter. After such snow or ice has been removed, any remaining salt, sand or other substance previously applied shall be removed.

§ 265-10 Public and business entities' duty to remove.

The owner or owners, occupant or occupants or tenant or tenants of premises used by the public or business entities shall be responsible for removing all snow and ice from the sidewalks, streets and parking areas used by the public in the course of transacting business or patronizing such establishment thereat. In the event that such ice is frozen so as to make removal impractical, it shall be the abovementioned persons' complete responsibility to thoroughly cover the same with salt, sand or other harmless substance so that travel is rendered safe for all persons passing thereon. The same shall be done prior to the opening of business, but no later than 12:00 p.m. in any event, after the first daybreak after the same shall fall or be formed.

§ 265-11 Duty to remove at multifamily buildings.

The owner or owners, tenant or tenants or their agents shall cause interior sidewalks in multifamily residential areas containing four or more dwelling units, particularly condominiums or cooperatives, to be cleared of snow within 12 hours after the first daybreak after the same shall fall or be formed; and, where snow or ice is too frozen, so as to make removal of same impractical, salt, sand or other harmless substances shall be applied to that portion so difficult or impractical to remove. The same shall be removed as soon thereafter as reasonably possible.

§ 265-12 Disposal in street prohibited.

No owner, tenant or occupant or agent of the owner, tenant or occupant, or any other person, shall throw or place snow or ice upon any Township street or gutter.

§ 265-12.1 Removal by Township; costs incurred.

A. In the event that there is a failure to remove snow and/or ice from the sidewalks or where snow or ice is thrown or placed upon the sidewalk, gutter or street by any persons mentioned in this article, the same may be removed forthwith under the direction of the Superintendent of Public Works. Cost so incurred in the removal shall be certified to the Hillside Township Committee by the Superintendent of Public Works.

B. Upon the Township Committee's examination and certification of the accuracy of the costs submitted, such cost shall be charged against the real estate abutting or bordering upon such sidewalks, with this amount becoming a lien upon the real estate and land. Such shall be added to, recorded and collected in the same manner as the taxes next to be levied and assessed upon the premises and shall be an interest to be enforced and collected.

C. The imposition and payment and/or collection of fines or any other penalty imposed for violating this article shall not in any way serve as a bar to the Township in collecting the full cost as certified for the Township's removal of the snow and ice as previously authorized.

§ 265-12.2 Violations and penalties; enforcement.

A. Any persons, including corporations, violating any provision of this ordinance shall, upon conviction for such, be subject to one or more of the following: a fine not to exceed $500 or by a period of community service not exceeding 45 days. Each and every day or twenty-four-hour period in which the violation continues shall be considered a separate and distinct violation subject to all penalties referred to herein.

B. Authority is hereby given to the Hillside Police Department, the Department of Public Works, the Building Department and the Health Department to enforce such portions of this article that lie in their respective jurisdictions.

C. In the event that a violation occurs and a summons issued as to those sections outlined in this article and that violation is a first offense, the person against whom the summons is issued shall have the option to plead guilty without a court appearance and to pay a mandatory fine of $50 to the Municipal Court, applicable only to first offense situations.

[Added 9-10-2002]