[Adopted 4-30-1996 by L.L. No. 1-1996]
The purpose of this Article 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 Fort Plain
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 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.
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 § 157-14, 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 practicable thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon as provided in this Article.
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 Article or within four hours after notice by the
Village of Fort Plain to remove the same, it shall be the duty of
the Village Board to remove or cause to be removed said snow and ice
from such sidewalk and to notify the Village Clerk of the expense
incurred by the amount of labor, equipment and materials used.[1]
The 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 Board. If not paid within 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.[1]
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 Fort Plain.
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 Fort Plain or from one street, avenue
or roadway onto any other street, avenue or roadway within the Village
of Fort Plain.
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,
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 § 157-20B shall forthwith remove the same at his or its expense upon the request of the Village of Fort Plain.
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 Village of Fort Plain, it shall be the duty
of the Village Board to remove or cause to be removed said snow or
ice from such street or terrace and 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 § 157-20E, as certified by the Village Board. If not paid within 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.
In the event that this Article conflicts or
is inconsistent with any other village law or ordinance, this Article
shall apply.
Failure to remove snow and/or ice as required
by this Article shall be punishable by a fine of not more than $250
or by imprisonment for not more than 15 days, or both.
