[Adopted 3-10-2003 by L.L. No. 3-2003]
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.
A. 
It shall be the duty of the owner 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 the sidewalk (unless the sidewalk exceeds five feet in width). If the sidewalk exceeds five feet in width, then a path shall be cleared for a minimum of five feet wide. In addition, it shall be the duty of the property owner to clear one access from the sidewalk to the street, a minimum of five feet wide, free from snow and ice.
B. 
In the event there is a handicap cutaway and/or crosswalk access for same on the public sidewalk, it is the duty of the property owner to keep such access free from snow and ice.
C. 
[1]In the case of leased premises, both the owner and the occupant of the premises shall be responsible for removal of snow and ice, as aforesaid.
[1]
Editor’s Note: Former Subsection C, regarding the clearing of snow and ice from fire hydrants on the public sidewalk, was repealed 12-16-2014 by L.L. No. 8-2014. This local law also provided for the redesignation of former Subsection D as Subsection C.
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.
A. 
The owners of buildings or structures adjacent to public sidewalks shall take measures to protect the public from the falling snow, ice or water from such buildings or structures.
B. 
In the event that snow and/or ice shall overhang a public sidewalk so as to present an imminent danger of falling on pedestrians, the owner and/or occupant shall take immediate corrective action by removing the snow and/or ice from the building or structure.
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.