STREETS AND SIDEWALKS
ARTICLE I
Sidewalks
§ 73-1. Construction required.
§ 73-2. Violations and penalties
§ 73-3. Refusal to build
§ 73-4. Repair and maintenance roofs.
ARTICLE II
Snow and Ice Removal
§ 73-5. Definitions..
§ 73-6. Responsibility for removal from sidewalks.
§ 73-7. Responsibility for removal from required; violations and penalties.
§ 73-8. Depositing of snow and ice prohibited in certain areas.
§ 73-9. Violations and penalties.
[HISTORY: Adopted by the Borough Council of the Borough of Callery as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Driveways -See Ch. 38. Zoning -See Ch. 93. Vehicles on sidewalks -See Ch. 88.
ARTICLE I
Sidewalks
[Adopted 8-10-1905 by Ord. No.7]
§ 73-1. Construction required.
It shall he the duty of the owner or owners or occupiers of any lot or lots, parcel or tract of land fronting on any road, street or public square, laid out, adopted or maintained within the Borough limits, to build or cause to be built or constructed, pavements, sidewalks or footwalks in front of such ground, of brick, stone, plank or such material and such width and in such manner as the Council shall direct, so as to make a finn continuous smooth pavement or walk.
§ 73-2. Violations and penalties.!
Any person who shall draw, drive or cause to be driven any wagon, cart, sled, bicycle, tricycle or other vehicle (wheelbarrows exempted) on any of the pavements, sidewalks or footways in the Borough or shall willfully lead, hitch or ride any horse, mule, mare, gelding or cattle on any of the pavements, sidewalks or footways aforesaid or shall otherwise obstruct said pavements, sidewalks or footways or interfere with the free passage of the same shall be subject to a fine of not more than $600, plus costs of prosecution, and in default of payment of such fine and costs, shall be imprisoned for not more than 30 days; and it shall be the duty of the Chief of Police as well as the Street Commissioner to enforce the provisions of this article.
§ 73-3. Refusal to build.
If any person or persons owning any lots or lot, parcel of land or tract of land shall refuse or neglect to build his or their pavements or sidewalks or footways as heretofore provided for within 20 days after having received notice. from the Street Commissioner to cause the same to be speedily done, the Street Commissioner shall build the same at the expense of the Borough, whereupon a lien for the amounts so expended with the 20% added thereto as a penalty for such neglect or refusal shall be filed against such property for collection of the same according to the provisions of the Assembly in such case made and provided which sum or or sums so collected shall be paid into the Borough Treasurer for the use of the Borough.
§ 73-4. Repair and maintenance required; violations and penalties.2
When a pavement, sidewalk or footway shall have been erected on any street, roadway or public square laid out or maintained within the Borough Limits, it shall be the duty of the owner, owners or occupiers of any lot, lots, parcel or tract of land abutting to maintain and keep said walk in repair and if any such walk shall be the duty of the Street Commissioner to give written notice to the aforesaid owner, owners or occupiers to cause the same to be repaired immediately and if the same be not repaired within 24 hours, said owner, owners or occupiers shall forfeit and pay a fine of not more than $600, plus costs of prosecution, besides the costs of repairing the same; and in default of payment of such fine and costs, shall be imprisoned for not more than 30 days. If said repairs be made at the expense of the Borough, they shall be recoverable as debts of like amounts are now recoverable by law.
ARTICLE II
Snow and Ice Removal
[Adopted at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
§ 73-5. Definitions.
The following definitions shall apply in the interpretation and enforcement of this article:
BUSINESS DAY -Any day not a Sunday or a national holiday.
BUSINESS HOURS -The hours between 9:00 a.m. and 5:00 p.m. on any business day.
CODE ENFORCEMENT OFFICER (CEO) -The person designated by Borough Council, or, in his absence, his duly designated and acting representative.
ROADWAY -That portion of a Street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
SIDEWALK -That portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
STREET or HIGHWAY -The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
§ 73-6. Responsibility for removal from sidewalks.
A. Every person, partnership, corporation, joint-stock company or syndicate in charge or control of any building or lot of land within the Borough fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee or otherwise shall remove and clear away or cause to be removed or cleared away, snow and ice from a path of at least 30 inches in width from so much of said sidewalk as in front of or abuts on said building or lot of land.
B. Except as provided in Subsection D hereof, snow and ice shall be removed from sidewalks in all business districts within the Borough by two business hours after the cessation of any fall of snow, sleet or freezing rain or by the beginning of business hours of the next business day following such fall, whichever period is shorter.
C. Except as provided in Subsection D hereof, snow and ice shall be removed from all other sidewalks within the Borough on the same day of the cessation of any fall of snow, sleet or freezing rain or within the first four hours of daylight after the cessation of any such fall, whichever period is longer.
D. However, in the event that snow and ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person or entity charged with its removal shall, within the time mentioned in Subsections Band C hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe and shall then, as soon thereafter as weather permits, cause a path in said sidewalk of at least 30 inches in width to be thoroughly cleaned.
§ 73-7. Responsibility for removal from roofs.
Every person, partnership, corporation, joint-stock company or syndicate in charge or control of any building or other structure within the Borough, whether as owner, tenant, occupant, lessee or otherwise shall remove and clear away, or cause to be removed and cleared away, any accumulation of snow and ice on said building or other structure which is liable to fall on any sidewalk, roadway or other public way. Such work shall be completed within a reasonable time, but not later than the en,d of the first four hours of daylight after the cessation of any fall of snow, sleet or freezing rain.
§ 73-8. Depositing of snow and ice prohibited in certain areas.
No person, partnership, corporation, joint-stock company or syndicate shall deposit or cause to be deposited any snow and ice on or against a fire hydrant or on any sidewalk, roadway or loading and unloading areas of a public transportation system, except that snow and ice may be mounded by the municipality on public roadways incident to the cleaning thereof or mounded on curbs incident to the cleaning of sidewalks in business districts.
§ 73-9. Violations and penalties.
Any person, partnership, corporation, joint-stock company or syndicate who or which shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 and not more than $600 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder
