[HISTORY: Adopted by the Town Board of the Town of Pawling 10-8-1996
by L.L. No. 3-1996. Amendments noted where applicable.]
The purpose of this chapter shall be to preserve the public peace and
good order in the town, 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 town by establishing certain regulations
for the removal of snow and ice from the streets and sidewalks of the town
that are consistent with the rights and privileges of other residents of the
town. 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 Town Board
of the Town of Pawling 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 § 168-3, 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 chapter.
Whenever the owner or occupant of any parcel of real estate adjoining
a public sidewalk fails to remove snow and ice from such sidewalk adjoining
such property within the time specified in this chapter, or within four hours
after notice by the Town of Pawling to remove same, it shall be the duty of
the Highway Superintendent to remove or cause to be removed said snow and
ice from such sidewalk and to notify the Town Clerk of the expense incurred
by the amount of labor, equipment and materials used.
The Town 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 Highway
Superintendent. 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 town taxes.
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 with the Town
of Pawling.
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 Town of Pawling or from one street, avenue or roadway onto any
other street, avenue or roadway within the Town of Pawling.
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 § 168-9B, shall forthwith remove the same at his or its expense, upon the request of the Town of Pawling.
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 chapter within four hours after a request to do so by
the Town of Pawling, it shall be the duty of the Highway Superintendent to
remove or cause to be removed said snow or ice from such street or terrace
and notify the Town Clerk of the expense incurred by the amount of labor,
equipment and materials used.
F.
The Town Clerk shall promptly present to the violator of this chapter a bill for the removal of snow and ice, as provided for in § 168-9E, as certified by the Highway Superintendent. 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 town taxes.
In the event that this chapter conflicts or is inconsistent with any
other town law or ordinance, this chapter shall apply.
If any sections, subsection, paragraph, clause, phrase or provision
of this chapter shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of this chapter as a whole or any part or provision
thereof, other than the part so adjudged to be invalid or unconstitutional.
This chapter shall take effect upon filing with the Secretary of State.
