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.
[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.