Snow and Accumulation Emergency Removal Ordinance

Whereas, during many of the large snowfalls that occurred in March of 1992 and throughout the winter of 1993, continuing problems with certain persons' snow removal activities on their own properties (ie. their own sidewalks and driveways), resulted in creating greater hazards to the community.

Whereas, numerous other heavy snow related services require regulation by Ordinance to protect the health and welfare of the Borough citizens:

Therefore, the Borough of Bolivar hereby enacts the following Snow Emergency Ordinance as Follows:

Section 80 Purpose

Regulating actions of persons within the Borough during times of larger accumulations of snow, water, or other naturally occurring or man-made materials or debris for purposes of protecting the community and its citizens.

Section 81 Application

A. Prohibition It shall be unlawful for any person, business, corporation, or entity to act as follows:

1. To remove snow, water, tree debris, soil erosion, or any other naturally occurring or blowing articulates and placing them from one's own property into any public street, avenue, road, alley, right - of - way, easement, sidewalk, such other public place, or into any medical, fire, or police driveway / exits for emergency equipment.

2. To remove snow, water, tree debris, soil erosion, or any other man-made materials or blowing articulates and placing them from one's own property into any public street, avenue, road, alley, right-of-way, easement, sidewalk, such other public place, or into any medical, fire, or police driveway / exits for emergency equipment.

B. Exemptions Shall not apply to Borough property specifically posted and designated for temporary storage of said accumulations.

Section 82 Penalties

Any violation of this Ordinance shall be subject to a fine not less than fifty ($50.00) dollars and not more than five hundred ($500.00) dollars for a first offense. For each day that a condition continues to exist once a person is cited shall constitute a new offense each day the condition is continues to be in violation of this Ordinance. Violators shall also be responsible for all costs of prosecution and any Borough expenses incurred in the removal or elimination of any condition created that is prohibited by this Ordinance. This includes the Borough's costs, attorney fees, engineering fees, or any other costs related thereto.

Failure to pay fines imposed under this Ordinance shall result in imprisonment not to exceed sixty (60) days. Other related costs resulting in the elimination of the condition that violates this Ordinance shall be paid within thirty (30) days. Otherwise, the costs shall have a lien against one's property after thirty (30) days notice of the costs incurred has been mailed to the property owner of record or posted conspicuously on the property for the violator from whose property the condition was created.

Whereupon, during a duly advertised meeting wherein a quorum was present, this Ordinance passed on this 4th day of April 1994.

J. Diane Robinson

Council President

Attest:

Janice A. Shank

Borough Secretary

Examined and approved this 4th day of April 1994.

Arthur W. Sisitki

Mayor

Original Ordinance in Vault drawer