[Adopted 3-2-2020; amended
in its entirety 12-11-2003 by Ord.
No. O-03-14]
A.Â
The owners, tenants, occupants or agents of lands abutting or bordering
upon any of the public avenues, streets or highways of the Borough
shall remove or cause to be removed from all sidewalk areas in front
of or bordering on their land all snow and ice within 12 hours of
daylight after the same shall be formed or shall have fallen thereon.
B.Â
It shall be the duty of any person owning or operating any apartment
house or building or of any duly constituted agent therefor to remove
or cause to be removed from all parking areas designed to serve such
apartment house or building or a tenant or tenants therein, and from
the roadways leading to and servicing the same, all snow and ice within
12 hours of daylight after the same shall have formed or fallen thereon.
C.Â
It shall also be unlawful for the owners, tenants, occupants or agents
of lands abutting or bordering upon any of the public avenues, streets
or highways of the Borough to permit any sand, dirt or other material
or a collection of material to form an obstruction or constitute an
impediment or hazard thereon for a period of more than 12 hours after
the same shall have formed, collected or been created thereon.
A.Â
In case any owner, tenant, occupant or agent of any land abutting or bordering upon any public street, avenue or highway in the Borough shall neglect or refuse to remove such snow, ice, sand, dirt or material forming an obstruction or constituting an impediment within 12 hours of daylight as provided in Section 56-33, then at the discretion of the Mayor or his appointed designee, upon a review of any particular property so involved, the same may be removed in order to promote the health, safety, and general welfare of the residents of the Borough as may be so deemed necessary.
[Amended 2-24-2011 by Ord. No. 2-2011]
B.Â
In all cases where any snow, ice, sand, dirt or other materials or
collection of materials are removed from any land, sidewalk or gutter
under the provisions of this article by or under the direction of
the Mayor, such officer shall certify the costs thereof to the Council,
which shall examine the certificate and, if found correct shall cause
the cost as shown thereon to be charged against the lands upon which
such condition shall have existed and shall have been repaired, and
the amount so charged shall become a lien upon such land and shall
be added to and form a part of the taxes next to be assessed and levied
upon such land and shall bear interest at the same rate as all other
taxes and shall be collected and enforced by the same officers and
in the same manner as other taxes.
No person, owner, tenant, occupant or agent of any premises
abutting on any street shall throw, place or deposit any snow or ice
into or upon any street in the Borough, it being the intent and purpose
of this provision to prohibit all persons from throwing, casting,
placing or depositing snow and ice which accumulated within the private
property belonging to such person upon the sidewalks or streets or
fire hydrants of the Borough.
[Amended 6-24-2004 by Ord. No. O-04-4]
Any person violating or failing to comply with any of the provisions
of this Chapter shall, upon conviction thereof, be punishable by a
fine in an amount not less than $25 nor more than $50; upon a second
violation, a fine in an amount not less than $50 nor more than $100;
and upon a third or subsequent violation, a fine in an amount not
less than $100 nor more than $250; and/or a period of community service
not to exceed 10 days. Whenever such person shall have been officially
notified or by service or a Summons in a prosecution, or in any other
official manner, that said person is committing a violation, each
day's continuance of such violation after such notification shall
constitute a separate offense, punishable by a like fine or penalty.
Should any section, clause, sentence, phrase or provision of
this ordinance be declared unconstitutional or invalid by a Court
of competent jurisdiction, such decision shall not affect the remaining
portions of this ordinance.
All prior ordinance or parts of ordinances inconsistent with
this ordinance be and the same are hereby repealed to the extent of
such inconsistencies.
