[Adopted 1-8-2015 by L.L.
No. 1-2015]
This article is entitled "A Local Law Regulating the Removal
of Snow and Ice from the Town of Pine Plains Sidewalks."
This article is enacted pursuant to the authority granted to
the Town by the Municipal Home Rule Law of the State of New York and
pursuant to the provisions of Town Law § 130(4) and (7)
and Highway Law § 140 and § 151.
The purpose of this article shall be to preserve the public
peace and good order of the Town of Pine Plains and to contribute
to the public welfare, safety and good order of its citizens and to
contribute to the safe conveyance of its people over the streets and
sidewalks of the Town by establishing certain requirements for the
removal of snow and ice from sidewalks.
A.
Snow and ice removal. Every owner and/or occupant of a house, building
or lot of land (collectively "property") situated in the Town of Pine
Plains which fronts, or is adjacent to, a sidewalk during the season
of frost and/or snow shall keep the whole of the sidewalk in front
of, or adjacent to, his/her respective property free from snow and
ice for the width thereof and in such a manner as to enable persons
to walk thereon with safety.
B.
Removal time. Every owner and/or occupant of property as above set forth in Subsection A shall remove all accumulations of snow and ice from the entire sidewalk adjacent to or in front of their properties within 24 hours after any fall of snow and/or accumulation of ice.
C.
Use of salt, sand or other materials. In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, the owner and/or occupant shall, within the time specified in Subsection B, cause to be strewn and kept strewn the sidewalk with ashes, salt, sand, sawdust or other suitable material so as to be no longer dangerous to persons who walk thereon. As soon as reasonably possible thereafter, the sidewalk shall be completely cleared of snow and ice and other materials strewn thereon as provided in this article.
Any person or entity violating the provisions of § 222-13 of this article shall be guilty of a violation and subject, upon conviction, to a fine not exceeding $250 and a sentence of imprisonment not exceeding 15 days in jail for each violation, or both. Each 24 hours of continued violation shall constitute a separate additional violation.
The provisions of this article shall be enforced by the Town's
Code Enforcement Officer.
Whenever an owner and/or occupant of a property fails to remove
snow and ice and keep the sidewalks clear, as provided for in this
article, the Town Highway Superintendent, or other agency, or employee
of the Town of Pine Plains designated by the Town Board, may clear
the sidewalk of snow or ice and take such other action to keep the
sidewalk in a safe and passable condition, as the case may be; and
the Highway Superintendent, or other designated employee or agency
of the Town taking such corrective action, shall file with the Town
Clerk a certificate of the expense thereof, together with the description
of the property adjacent to or fronting on the sidewalk at which such
corrective action was taken, and the Town Clerk shall certify the
same to the Town Board at the next regular meeting thereof. The expense
of taking such corrective action shall be paid by the owner and/or
occupant of the property fronting and/or adjacent to the sidewalk,
as the case may be, and may be collected by the Town in an action
at law and/or assessed against the real property and added to the
property owner's tax bill and shall become a lien thereon and collectable
in the same manner as any delinquent taxes.
