[Adopted 8-22-1994 by L.L. No. 2-1994]
The purpose of this article shall be to preserve
the public peace and good order in the Town, 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 Town by establishing certain regulations for the removal of
snow and ice from the streets and sidewalks of the Town that are consistent
with the rights and privileges of other residents of the Town.
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
Town street, avenue, roadway or highway.
A.
No person, firm or corporation shall pile, gather
up, plow up or in any way force any snow or ice upon any Town street,
avenue, roadway or highway.
B.
No person, firm or corporation shall pile, gather
up, plow up or in any way force any snow or ice upon any terrace or
parcel of land within six feet of any Town street, avenue, roadway
or highway in such a manner as to cause the height of the snow and
ice so piled, gathered, plowed or forced to exceed three feet six
inches in height above the existing natural grade of said terrace
or parcel of land within six feet of said Town street, except that
it shall be unlawful to cover a fire hydrant with snow or ice.
C.
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.
D.
Any person, firm or corporation piling, gathering or plowing up snow or ice on any Town street, avenue, roadway or highway or to an excess height, as indicated in Subsection B, shall forthwith remove the same at his or its expense, upon the request of the Superintendent of Highways of the Town of Marlborough.
E.
Whenever any person, firm or corporation neglects
or refuses to remove any snow or ice piled, gathered or plowed up
by him or it in violation of this article within four hours after
a request to do so by the Superintendent of Highways of the Town of
Marlborough, the Town may remove or cause to be removed such accumulation
at the expense of the owner or occupant of said property, and, upon
the failure to pay the charge, the Town shall cause the expense thereof
to be assessed against the property and become a lien thereon, collectible
in the same manner as delinquent Town taxes.
It shall be the duty of the owner and occupant,
jointly, of every parcel of real estate adjoining a Town sidewalk,
whether the parcel of real estate is occupied by a structure or not,
to keep such sidewalks adjoining such a 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. Sidewalks in front of commercial establishments
and commercial parking lots shall be kept free of snow and ice at
all times.
In case snow and ice on any Town sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in § 130-22, be strewn and kept strewn 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 Town sidewalks shall be completely cleared of snow, ice and other material strewn thereon, as provided in this article.
Whenever the owner or occupant of every parcel
of real estate adjoining a Town 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 of the
Superintendent of Highways of the Town of Marlborough to remove the
same, the Town may remove or cause to be removed such accumulation
at the expense of the owner or occupant of said real property, and,
upon a failure to pay the charge, the Town shall cause the expenses
thereof to be assessed against the property and become a lien thereon,
collectible in the same manner as delinquent Town taxes.
The owners or occupants of buildings adjacent
to Town sidewalks shall prevent the falling of snow, ice or water
from such building upon said Town sidewalks.
Any person who shall violate any provision of
this article shall, upon conviction, be guilty of a violation which
shall be punishable by a maximum fine of $250 or by imprisonment for
not more than 15 days, or both.
