[Adopted 3-12-1974]
This aticle is enacted for the purpose of preserving
public peace and good order in the Village and 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, which
are consistent with the rights and privileges of other residents of
the Village.
It shall be the duty of the owner and occupant,
jointly, of every parcel of real estate adjoining a public sidewalk,
whether or not a structure is situate on the parcel of real estate,
to keep such sidewalks adjoining such property free from snow and
ice and for the full width of such sidewalk.
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 § 125-28, 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 sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in this article.
[Amended 12-9-2014 by L.L. No. 3-2014]
Whenever the owner or occupant of any parcel of real estate
adjoining a public sidewalk fails to remove the snow and/or ice from
such sidewalk within the time specified in this article, or within
four hours after notice from the Village Clerk or any officer or employee
of the Village designated thereby for the purpose of giving notice,
which shall be by personal service or by United States mail, to the
owner or occupant, as the case may be, the Village of Waverly may
remove the same, or contract with an individual or company to remove
said snow or ice from such sidewalk.
[Amended 12-9-2014 by L.L. No. 3-2014]
In all cases where the Street Department has removed snow and/or
ice from any land under the provisions of this article or where the
Village has contracted with a private contractor for the removal of
snow and/or ice, an officer or employee of the Village shall certify
such costs of removal to the Village Clerk, who shall examine the
certificate of each item thereof and, if approved by the Village Clerk,
shall promptly present to the owner or occupant of each parcel a bill
for the removal of snow and/or ice as certified by the Street Department
or as set forth on a bill from a contractor. If said bill is not paid
within 30 days of the bill being mailed, 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 or 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 Waverly.
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 Waverly or from one street, avenue
or roadway onto any other street, avenue or roadway within the Village
of Waverly.
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 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 feet six inches in height
above the existing natural grade of said terrace or parcel of land
within six feet of said 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 public street, avenue or roadway or to an excess height as indicated in Subsection B of this section shall forthwith remove the same at his or its expense, upon the request of the Superintendent of Public Works of the Village of Waverly.
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 Public Works of the Village
of Waverly, it shall be the duty of the Superintendent of Public Works
to remove said snow or ice from such street or terrace and to notify
the Village Clerk of the expense incurred by the amount of labor,
equipment and materials used.
F.
The Village Clerk shall promptly present to the violator of this article a bill for the removal of snow and ice, as provided for in Subsection E of this section as certified by the Superintendent of Public Works. If not paid within 30 days, in the case of a property owner, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent Village taxes.
A.
An emergency is deemed to exist in the Village of
Waverly whenever snow falls during any period of 24 hours or less
to a depth of four inches or more, for the reason that such fall of
snow constitutes a serious public hazard impairing transportation,
the movement of food and fuel supplies, medical care, fire, health
and police protection and other vital facilities of the Village. Such
an emergency is declared to continue for a period of 24 hours after
such snowfall ceases or until such earlier time as snowplowing operations
have been declared completed by the Superintendent of Public Works
of the Village of Waverly.
B.
Whenever such an emergency exists, it shall be unlawful for any person
to park or suffer to be parked any vehicle of any kind or description
for the entire duration of the emergency upon any street, avenue or
roadway in the Village of Waverly, provided that vehicles may be parked
for a period of time not longer than three minutes for actual loading
or unloading of passengers or 30 minutes for actual loading or unloading
of property, and provided further that no other ordinance restricting
parking as to place or time is violated thereby.
[Amended 12-9-2014 by L.L. No. 3-2014]
A.
Penalties.
[Amended 6-14-1988 by L.L. No. 1-1988; 9-23-2008 by L.L. No.
1-2008]
(1)
Any person violating any of the provisions of this
article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine:
(a)
First offense: up to $250 and/or up to 15 days
in jail.
(b)
Second offense for the same violation within
two-year period: minimum fine of $100 and up to $350 and/or up to
15 days in jail.
(c)
Third offense for the same violation within
two-year period: minimum fine of $200 and up to $700 and/or up to
15 days in jail.
(d)
Fourth offense for the same violation within
two-year period: minimum fine of $300 and up to $1,000 and/or up to
15 days in jail.
(2)
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this article a subsequent conviction will be subject
to a first offense fine.
B.
Each day such violation continues after notice of
such violation shall constitute a separate offense punishable by a
like fine and imprisonment.
