[HISTORY: Adopted by the Board of Trustees
of the Village of Pelham 11-19-1985 by L.L. No. 8-1985. Amendments
noted where applicable.]
GENERAL REFERENCES
Sidewalks and curbs — See Ch. 76.
The purpose of this chapter shall be to preserve
the public peace and good order in the Village, 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 is further noted that certain snow-removal practices
are a vexation and annoyance not only to the traveling public but
to the owners and occupants of adjoining lands. It is for these reasons
and others that the Board of Trustees of the Village of Pelham is
compelled to legislate upon the subject matter.
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 twenty-four
(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 between the hours of 9:00 a.m. and 5:00 p.m.
[Amended 10-2-2007 by L.L. No. 6-2007]
When the snow and ice on any sidewalk is frozen so hard that it cannot be removed within the time specified in § 81-3 without damaging the sidewalk, then within the time specified in § 81-3, sand, sawdust or other material suitable to provide traction must be spread on the sidewalk in amounts adequate to ensure that pedestrians can walk safely on the sidewalk. As soon as practicable thereafter, the sidewalk must be cleared completely of snow, ice and all materials spread on the sidewalk.
Whenever the owner or occupant of any 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 (4) hours after notice by
the Village of Pelham to remove same, it shall be the duty of the
Village Administrator to remove or cause to be removed said snow and
ice from such sidewalk and to notify the Deputy Village Clerk of the
expense incurred by the amount of labor, equipment and materials used.
The Deputy 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 Village Administrator. If not paid
within thirty (30) days, the cost thereof shall be assessed against
the property 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 prevent the falling of snow, ice and water
from such buildings upon said public sidewalks.
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 of Pelham.
A.
No person, firm or corporation shall pile, gather
up, plow up or in any way force any snow or ice upon any street, avenue
or roadway within the Village of Pelham or from one street, avenue
or roadway onto any other street, avenue or roadway within the Village
of Pelham.
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 (6) feet of any street, avenue or roadway
in such a manner as to cause the height of the snow and ice so piled,
gathered, plowed or forced to exceed three (3) feet six (6) inches
in height above the existing natural grade of said terrace or parcel
of land, except that it shall be unlawful to cover a fire hydrant
with snow or ice.
C.
No person, firm or 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 and
ice is to be placed.
D.
Any person, firm or corporation piling, gathering or plowing up snow or ice on any public street, avenue or roadway to an excess height, as indicated in § 81-9B, shall forthwith remove the same at his or its expense, upon the request of the Village of Pelham.
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 chapter within four (4) hours after
a request to do so by the Village of Pelham, it shall be the duty
of the Village Administrator to remove or cause to be removed said
snow or ice from such street or terrace and notify the Deputy Village
Clerk of the expense incurred by the amount of labor, equipment and
materials used.
F.
The Deputy Village Clerk shall promptly present to the violator of this chapter a bill for the removal of snow and ice. as provided for in § 81-9E, as certified by the Village Administrator. If not paid within thirty (30) days, in the case of the property owner, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent taxes.
[Added 11-21-2006 by L.L. No. 5-2006]
A.
Any neglect, failure or refusal to comply with any
provision of this chapter shall be deemed a violation thereof.
B.
Anyone who commits or is an accessory to the commission
of a violation of this chapter shall be subject to a fine of no less
than $40 and no more than $250.
C.
Nothing in this chapter shall be construed as depriving
the Village of Pelham or its Board of Trustees of any other available
remedy.
In the event that this chapter conflicts or
is inconsistent with any other Village law or ordinance, this chapter
shall apply.
If any sections, subsection, paragraph, clause,
phrase or provision of this chapter shall be adjudged invalid or held
unconstitutional, the same shall not affect the validity of this chapter
as a whole or any part or provision thereof, other than the part so
adjudged to be invalid or unconstitutional.
This chapter shall take effect upon filing with
the Secretary of State.
