[Adopted 5-18-1977 by Ord. No. 7-1977; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Any day not a Sunday or a national holiday.
Hours between 9:00 a.m. and 5:00 p.m. on any business day.
Portion of a street or highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
Natural person, partnership, corporation, association, or
any other legal entity.
Portion of a street between the curblines, or the lateral
lines of a cartway, and the adjacent property lines, intended for
use by pedestrians.
The entire width between the boundary lines of a way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
A path, track or unpaved lane intended for use by pedestrians
and bicycles.
[Added 5-6-2019 by Ord.
No. 2-2019]
[Amended 5-6-2019 by Ord.
No. 2-2019]
Every person in charge or control of any building or lot of
land fronting or abutting on a paved sidewalk, whether as owner, tenant,
occupant, lessee, or otherwise, shall remove and clear away or cause
to be removed or cleared away, snow and/or ice from a path of at least
36 inches in width from so much of said sidewalk as is in front of
or abuts on said commercial and school buildings only or lot of land.
A.
Except as provided in Subsection B hereof, snow and ice shall be removed from sidewalks within 24 hours after the cessation of any fall of snow, sleet or freezing rain.
B.
In the event snow and/or ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person charged with its removal shall, within the time mentioned in Subsection A hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe; and shall, as soon thereafter as weather permits, cause to be cleared a path in said sidewalk of at least 36 inches in width.
[Amended 5-6-2019 by Ord.
No. 2-2019]
Every person in charge or control of any commercial building
or other structure roofs overhanging public sidewalks, whether as
owner, tenant, occupant, lessee, or otherwise, shall remove and clear
away, or cause to be removed and cleared away, any accumulation of
snow and ice on said building or other structure which is liable to
fall on any sidewalk, roadway, or other public way. Such work shall
be completed within a reasonable time, but not later than 24 hours
after the cessation of any fall of snow, sleet, or freezing rain.
No person shall deposit or cause to be deposited any snow or
ice on or immediately next to a fire hydrant or on any sidewalk, roadway,
or loading and unloading areas of a public transportation system,
except that snow and ice may be mounded by the City on public cartways
incident to the cleaning thereof or mounded on curbs incident to the
clearing of sidewalks in business districts.
[Amended 5-6-2019 by Ord.
No. 2-2019]
Any person, firm or corporation who shall violate any provision
of this article or fails to comply therewith or with any of the requirements
thereof, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000,
plus costs, including reasonable attorneys' fees incurred by
the City, and, in default of payment of said fine and costs, to a
term of imprisonment to the extent permitted by law for the punishment
of summary offenses. A separate offense shall arise for each day or
portion thereof in which a violation of this article is found to exist
and for each section of this article found to have been violated.
All fines and penalties collected for violations of this article shall
be paid to the City Treasurer. The initial determination of article
violation is hereby delegated to the City Administrator, the Police
Department, the Public Works/Park Director, the Code Official, the
authorized designee of the City Administrator, and to any other officer
or agent that the City Administrator or the City of Lower Burrell
Council shall deem appropriate.
