This article shall be known as the "Snow Removal
Law" of the Village of Fishkill.
The purpose of this article shall be to contribute
to the public welfare, safety and good order of the Village of Fishkill
and to contribute to the safe conveyance of its residents 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.
In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of §
135-16, the owner and the occupant shall be liable to all persons injured, or whose property is damaged directly, or indirectly thereby, and shall be liable to the Village of Fishkill to the extent that said Village is required by law or by any court to respond in damages to any injured party.
Snow and ice shall be removed within 12 hours
after the end of a snowfall. In addition, sidewalks in front of commercial
establishments and commercial parking lots shall be kept free of snow
and ice at all times between the hours of 9:00 a.m. and 5:00 p.m.
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 §
135-18, be strewn and kept strewn with 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 article.
Whenever the owner 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 article, or within four hours after notice by the designated
official to remove the same, it shall be the duty of the Superintendent
of Public Works to remove said snow or ice from such sidewalk and
notify the Village Clerk of the expense incurred, including the amount
of labor, equipment and materials used.
The Village Clerk shall promptly present to
the owner 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 owner's tax bill and become a lien thereon, collectible in
the same manner as delinquent Village taxes.
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 or property owner
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.
Any person, firm or corporation who or which
shall violate any sections of this article shall, upon conviction
thereof, be subject to a fine of not less than $25 nor more than $100
for each offense. Each day that a violation continues shall be considered
a separate offense.
[Amended 5-24-2010 by L.L. No. 6-2010]
The provisions of this chapter shall be enforced
by the Code Enforcement Officer and/or the Police Department of the
Village of Fishkill.
To the extent that this article conflicts with
any other Code provisions, previously enacted by the Village, this
article shall be considered controlling.