[HISTORY: Adopted by the Borough Council
of the Borough of East Stroudsburg 2-17-1970 by Ord. No. 660, approved
2-17-1970; amended in its entirety 11-20-2018 by Ord. No. 1332,
approved 11-20-2018. Subsequent amendments noted where applicable.]
A.Â
WHEREAS, it is declared that the accumulation of snow and ice on
sidewalks, walkways or footways or on public streets, cartways or
roadways in the Borough and is a nuisance and detrimental to the health,
safety and general welfare of the Borough; and
B.Â
WHEREAS, it is declared that fire hydrants are an essential item
in providing fire protection to the residents of the Borough; and
C.Â
WHEREAS, it is the desire of the East Stroudsburg Borough Council,
to regulate the removal of snow and ice to prohibit the deposit of
same on streets or alleyways, to require that fire hydrants remain
visible and accessible, and to provide penalties or violations thereof;
and
D.Â
WHEREAS, The East Stroudsburg Borough Council is vested with the
authority to affect said ordinance by virtue of its general municipal
powers; and
E.Â
WHEREAS, notice of the within action of the East Stroudsburg Borough
Council was published in a newspaper of general circulation within
the Borough which summarized said ordinance and advised the public
of the intent of the Borough Council to act upon same; and
F.Â
NOW therefore, be it ordained and enacted by the East Stroudsburg
Borough Council, and it is hereby ordained and enacted by the authority
of same.
The following words, when used in this chapter, shall have the
meanings ascribed to them in this section:
Any adult person over 18 living and/or sleeping in a dwelling
or having possession of a space within a building through a leasehold
interest, whether written or not.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the municipality as holding title to the property; or otherwise
having control of the premises, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
Any natural person, association, partnership, firm, corporation,
government, educational institution, limited liability corporation,
limited liability partnership or other legally recognized entity capable
of entering into contracts.
A lot, plot or parcel of land, whether improved or unimproved,
including portions occupied by a street or alley and portions of land
between sidewalks and streets.
The snowfall season shall consist of the months from October
1 through April 30.
A.Â
It is hereby declared unlawful for any person owning or having any
interest in, possession of or control of premises within the Borough
of East Stroudsburg to permit or maintain or to allow to be maintained
snow or ice for more than 24 hours after the same shall have ceased
to fall, accumulated or shall have collected on any sidewalk, walkway
or footway or portion thereof within the Borough, which said accumulation
remaining thereon for more than 24 hours after the same shall have
ceased to fall or shall have collected is hereby declared to be a
nuisance and detrimental to the health, safety and general welfare
of the Borough, and offenders shall be punished as hereinafter provided.
B.Â
The owner must remove the snow or ice the full width and full length
of any sidewalk, walkway or footway within 24 hours after the snow
or ice has ceased to fall or accumulated or shall have collected on
said sidewalk, walkway or footway or portion thereof.
It is hereby declared unlawful for any person to deposit, or
cause to be deposited, in any public street, cartway or roadway in
the Borough of East Stroudsburg snow or ice taken or removed from
property privately owned or occupied including driveways, but excluding
snow or ice taken or removed from public sidewalks or public walkways.
Offenders shall be punished for such violations as hereinafter provided.
It shall be unlawful for any person while removing snow or ice
as set forth above, to deposit same in such a manner as to do any
of the following:
The parking enforcement officers, codes officers, and police
officers of the Stroud Area Regional Police Department (SARPD) shall
all have responsibility and the ability to enforce the provisions
of this chapter.
A.Â
Upon the discovery of any violation under the terms of this chapter,
the Borough shall, through its authorized agents, issue a ticket and
assess a fine to the owner of a violation hereunder, either by personal
delivery to such owner, by United States mail directed to the last-known
address of such person or persons, as shown in the real estate registry
records of the municipality, or by posting the same on the premises
where such violation occurs.
B.Â
If such person shall, within seven days after the delivery, mailing or posting of such notice, pay to the Treasurer of the municipality the sum of $25 for the violation, the same will constitute full satisfaction for the violation noted in said notice. A second and/or third violation issued for the same property during a snowfall season will result in a $75 fine, and a fourth and subsequent violation issued for the same property during a snowfall season will result in a summary citation filed with the District Magistrate. The failure of such person to make payment, as aforesaid, within seven days shall render such owner and/or occupant subject to the penalties as provided for in § 132-9 below.
Signs, tags or seals posted or affixed by the enforcement personnel
shall not be mutilated, destroyed or tampered with, or removed without
authorization from the enforcement personnel.
A.Â
Any person who shall violate or fail to comply with any of the provisions
of this chapter shall be guilty of a summary offense and, upon conviction
thereof, shall be punishable by a fine of not more than $1,000 or
by imprisonment for not more than 30 days, or both. Each day that
a violation continues after notice shall have been given shall constitute
a separate offense.
B.Â
If any person ticketed or convicted of a violation of § 132-3 of this chapter fails to remove the snow or ice from any sidewalk, walkway, or footway, the Borough through its officers or agents may enter upon the offending property and remove or clear the snow or ice from the sidewalk, walkway, or footway and assess the costs of such work together with a penalty of 20% of the costs against the property and collected in the manner provided by law for the collection of municipal claims or liens.
