Snow and Ice Removal

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It’s time to dig out the snow shovel and tune up the snow blower - and to review local legislation on snow and ice removal! Hazardous conditions result when owners and occupants fail to remove snow or ice from abutting sidewalks, or otherwise make passage safe. Even more dangerous conditions can result from careless placement of snow or ice during snow removal processes and from allowing snow, ice and icicles to accumulate on buildings abutting sidewalks. Legislation on this subject usually sets a time limit for when snow and ice must be removed after the same has formed; removal by local authorities at the cost of the owner or occupant is common. Severe icing should require the application of salt or a similar material. Local legislation should also prohibit the piling of snow or ice in close proximity to streets. During the removal process, care should be taken to not block fire hydrants or handicapped parking spaces, nor should snow be discarded onto the property of others. There may be a discrepancy over the responsibility for snow removal in front of buildings occupied by more than one family or business, or from unaccepted streets. If your local legislation does not address all these situations, the following samples of legislation may be helpful to you.

ARTICLE IV
Snow and Ice Removal
[Adopted 2-3-1994 as L.L. No. 1-1994]

§ 194-22. Purpose.

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 Elmira Heights is compelled to legislate upon the subject matter.

§ 194-23. Duty to clear abutting sidewalks.

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.

§ 194-24. Time limit to remove snow and ice.

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.

§ 194-25. Use of sand or similar materials.

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 § 195-24, 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 practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon as provided in this Article.

§ 194-26. Failure to comply; removal by village; costs.

Whenever the owner or occupant of every 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 of the Superintendent of Public Works of the Village of Elmira Heights to remove the same, it shall be the duty of the Superintendent of Public Works to remove said snow or ice from such sidewalk and notify the Village Clerk of the expense incurred by the amount of labor, equipment and materials used.

§ 194-27. Bill for removal by village; assessment; lien.

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 Superintendent of Public Works. 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.

§ 194-28. Ice, snow and water falling on sidewalks.

The owners or occupants of buildings adjacent to public sidewalks shall prevent the falling of snow, ice or water from such building upon said public sidewalks.

§ 194-29. Throwing snow and ice on streets.

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 Elmira Heights.

§ 194-30. Prohibited acts; consequences.

1. 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 Elmira Heights or from one street, avenue or roadway onto any other street, avenue or roadway within the Village of Elmira Heights.
   
2. 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 within six feet of said street, except that it shall be unlawful to cover a fire hydrant with snow or ice.
   
3. No person, firm, 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 or ice is to be placed.
   
4. Any person, firm or corporation piling, gathering or plowing up snow or ice on any public street, avenue or roadway or to an excess height as indicated in Subsection B shall forthwith remove the same at his or her or its expense upon the request of the Superintendent of Public Works of the Village of Elmira Heights.
   
5. Whenever any person, firm or corporation neglects or refuses to remove any snow or ice piled, gathered or plowed up by him or her or it in violation of this section four hours after a request to do so by the Superintendent of Public Works of the Village of Elmira Heights, it shall be the duty of the Superintendent of Public Works to remove 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.
   
6. The Village Clerk shall promptly present to the violator of this section a bill for the removal of snow and ice as provided for in Subsection E as certified by the Superintendent of Public Works. If not paid within 30 days, in the case of a property owner, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent village taxes.

§ 194-31. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.

[HISTORY: Adopted by the Township Committee of the Township of Hanover 7-14-1960 as Ord. No. 7-60. Section 237-4 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 237-1. Responsibility of owners, occupants and tenants; handicapped parking. [Amended 2-28-1963 by Ord. No. 3-63]

1. The owner or owners, occupant or occupants, or tenant or tenants of premises abutting or bordering upon any street in the Township of Hanover shall remove all snow and ice from the abutting sidewalks of such streets or, in the case of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes within 12 hours of daylight after the same shall fall or be formed thereon.
   
2. In case the building is occupied by more than one family or business unit, then the tenant or occupant of the first floor or story thereof is hereby required to remove all snow and ice from such portion of the sidewalks or, in the case of ice which it is impracticable to remove, cover the same with sand or ashes within 12 hours of daylight after the same shall be formed or fall thereon.
   
3. Handicapped parking spaces. No person, firm, corporation or partnership or the owner, tenant, lessee or occupant of any premises having parking spaces reserved for handicapped drivers or any contractor employed for the removal of snow and ice shall block access to parking spaces reserved for handicapped drivers by the plowing, piling or placement of snow and ice in such reserved spaces. [Added 10-13-1994 by Ord. No. 23-94]

§ 237-2. Deposit of accumulations from private property on sidewalks prohibited.

No person, firm or corporation or the owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice into or upon any street in said Township, 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 said person, upon the sidewalks or streets of the Township of Hanover.

§ 237-3. Removal by Township; assessment of costs.

1. In case such snow or ice shall not be removed from such sidewalks or shall be cast, deposited or placed upon said sidewalks or said street by the owner or owners, tenant or tenants or occupant or occupants of any said premises as provided in §§ 237-1 and 237-2 hereof, the same may be removed under the direction of the Chief of Police or any authorized police officer, and the cost of such removal, as nearly as can be ascertained, shall be certified by said Chief of Police or police officer to the governing body.
   
2. The governing body shall examine such certification and, if found to be correct, shall cause such cost to be charged against such real estate so abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax upon such real estate or land and shall be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon such premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes.
   
3. The imposition and collection of a fine or fines imposed by the provisions of this chapter shall not constitute any bar to the right of the Township of Hanover to collect the cost as certified for the removal of said snow or ice in the manner herein authorized.

§ 237-4. Violations and penalties. [Amended 7-11-1991 by Ord. No. 16-91]

Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be fined not exceeding $1,000 or imprisoned for a period not exceeding 90 days, or both, and each and every day in which said violation exists shall constitute a separate violation.

§ 237-5. Statutory authority.

This chapter is adopted pursuant to the authority conferred by N.J.S.A. 40:65-12.

§ 237-6. Enforcement. [Added 10-13-1994 by Ord. No. 23-94; amended 5-28-1998 by Ord. No. 15-98]

This chapter shall be enforced by the Police Department, Property Maintenance Officer and/or the office of the Township Clerk/Administrator.

Chapter 137
WINTER PARKING AND PLOWING

[HISTORY: Adopted by the Township Committee of the Township of Franklin 11-21-1994 as Ord. No. 94-7. Amendments noted where applicable.]

§ 137-1. Words and phrases.

Whenever any words and phrases are used in this chapter, the meaning respectfully ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases used herein.

§ 137-2. Official time standard.

Whenever certain hours are named in this chapter, they shall mean either Eastern standard time or Eastern daylight saving time, as may be current in use in the township.

§ 137-3. Township streets.

The term "township streets" shall mean all streets, highways, roads, roadways, alleys, alleyways, rights-of-way and byways totally within the control of the Township of Franklin as public roads. Said term shall further include any street, roadway, alley, alleyway, right-of-way or byway not within the public system, but which are semipublic in nature where the township maintains and/or plows snow in a limited manner by agreement or resolution.

§ 137-4. Parking regulations not exclusive.

The provisions of this chapter imposing a time limit or restriction on parking shall not relieve any person of the duty to observe other more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles, as set forth in N.J.S.A. 39:4-138, or any other New Jersey statute or as hereinafter provided.

§ 137-5. Parking prohibited on all streets.

1. Parking shall be prohibited on all township streets, as hereinabove defined in § 137-3, within the township limits at all times between November 1 and April 1 of each and every year.
   
2. The effectiveness of the provisions of Subsection A is contingent upon proper signs being erected as required by law and in accordance with the regulations of the New Jersey Department of Transportation.

§ 137-6. Depositing snow or ice on streets prohibited.

1. No person, firm or corporation, the owner, tenant or occupant of any premises abutting on any public street within the jurisdiction of the Township of Franklin shall throw, place or deposit any snow, ice or sleet into or upon any of said township streets. It is the intent and purpose of this provision to prohibit all persons from throwing, casting, placing, plowing or depositing snow, ice and sleet which has accumulated within the private property or any area outside of the traveled way or shoulder onto a township street.
   
2. No person, firm or corporation, the owner, tenant or occupant of any premises abutting on any township street, if require by necessity plowing of their driveways to gain access to the public street, shall plow any snow, ice and sleet into or upon the township streets, traveled way or shoulder; rather, all snow, ice and sleet shall be deposited off the traveled way and shoulder. It is hereby further required, to facilitate the traffic flow and to maintain the proper width on the township streets, that said person or persons or individuals and/or their agents shall feather the snow along said township streets so that same does not encroach upon the traveled way and/or shoulder, if one exists.

§ 137-7. Snow removal on improved or semi-improved unaccepted streets of new developments.

1. It is hereby provided that any owner, developer, contractor or agent of a developer of any residential subdivision, if one or more lots located in said development are occupied by an owner or tenant by virtue of obtaining a certificate of occupancy, shall be responsible to plow any snow, ice or sleet that accumulates on said accepted streets during and after any storm causing any accumulation of snow, ice or sleet so that said roadways are sufficiently clear for the passage and flow of vehicular traffic.
   
2. It is hereby further required that the owner, developer or contractor, prior to obtaining a certificate of occupancy for any residential dwelling constructed within said development, shall provide the Township Clerk with a copy of a duly executed contract to plow said unaccepted streets within said subdivision.
   
3. In the event that the Township of Franklin Road Department or its agents or subcontractors clear the public streets as well as unaccepted streets in the development for the proper flow of vehicular traffic due to a violation under the provisions of §§ 137-7 and 137-8, the cost and expense therefor to the township shall be certified to the Township Committee and Township Tax Collector of the reasonable cost therefor, and the same shall become a lien as a tax lien, pursuant to N.J.S.A. 40:65-12. Upon receipt of the certification by the Township Committee, it shall examine the same, and if found to be correct, shall cause such costs to be charged as a special tax against the lands so abutting said street. Said amount shall bear interest at the same rate and shall be collected and enforced in the same manner as all real estate taxes upon resolution of approval and authorization by the Committee to the Tax Collector.
   
4. Enforcement of penalties. In addition to the municipal lands established in Subsection C, if any owner or owners or developers, contractors and/or their agents fail to comply with the regulations herein set forth, they shall be liable for the penalties as provided in the within chapter.

§ 137-8. Violations and penalties.

If any person, firm or corporation violates any of the provisions of this chapter, they shall be liable for the following penalty, to be enforced in the Municipal Court: the sum of $50 on the first offense and a sum not to exceed $500 upon each and every subsequent offense or imprisonment in the County Jail for a period not exceeding 90 days, or both. Each and every day in which said violation exists shall constitute a separate violation.

ARTICLE IV
Snow and Ice Removal
[Adopted 9-1-1981 as Ch. 55 (XXI), Part 5, of the 1981 Code]

§ 185-14. Removal from sidewalks.

1. Responsibility for removal. The owner and/or tenant(s) of every property located within the Borough of Clarion shall remove or cause to be removed all snow, ice, hail or sleet falling, forming or placed upon any sidewalk located within any borough right-of-way adjacent to the owner's property or any sidewalk located on the owner's property which provides access to the general public across any part of said property within 24 hours. Snow may not be placed on the streets. The liability of the owner to perform the requirements of this section shall not be based upon the owner's occupancy of the property, and, on the contrary, the owner shall be liable for compliance with this section even though the owner is not in possession. [Amended 7-6-1999 by Ord. No. 99-691]
   
2. The borough may remove snow and ice upon default of property owner. In any case where the owner, occupant or tenant, as aforesaid, shall fail, neglect or refuse to comply with any of the provisions of § 185-14A of this article within the time limit prescribed therein, the borough authorities may proceed immediately to clear all snow and/or ice, hail or sleet from the sidewalk of such delinquent, and to collect the expenses of such removal, with any additional amounts allowed by law, from such owner, occupant or tenant, as the case may be, which shall be in addition to any fine or penalty imposed under Subsection C of this section.
   
3. Violations and penalties. Any owner, occupant or tenant who shall fail to remove any snow, ice, hail or sleet from any sidewalk as required by § 185-14A of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 nor more than $100 and costs of prosecution, or, in default of payment of such fine and costs, to undergo imprisonment of not more than 10 days; provided that such fine and costs of prosecution may be in addition to any expenses and additional amounts authorized by law, imposed as provided in Subsection B of this section.

§ 185-15. Removal from buildings.

1. Unlawful to allow snow, ice or icicles to accumulate on buildings. It shall be unlawful for the owner, occupant or tenant of any building in the Borough of Clarion fronting or abutting on or along any street or public alley in the borough to allow snow, ice or icicles to accumulate on the roof, eaves or any other part of such building whereby the same may become or be dangerous to any person or persons on any sidewalk. The owner of a property shall be responsible for compliance with this article where such property is occupied by such owner or is unoccupied; the tenant or occupier thereof, where such property is occupied by such tenant or occupier; and the owner thereof, where the property is a multiple-business or multiple-dwelling property, occupied by more than one tenant or occupier.
   
2. Violations and penalties. Any person, firm or corporation who or which shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 nor more than $100 and costs of prosecution, or, in default of payment of such fine and costs, to undergo imprisonment for not more than 10 days.

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