(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any person, firm, partnership, corporation, company or organization of any kind.
SIDEWALK. An area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved.
STREET. Any place or way set aside or open to the general public for purposes of vehicular traffic, including any shoulder parkway, right-of-way or median strip thereof.
(B) Deposit of snow on street and sidewalks. No commercial or multi-family residence establishment shall deposit upon the property of any adjoining property owners or any public sidewalks or public streets any snow removed from its parking lots or adjacent property. In addition, no person shall deposit snow in excess of three feet in height within 20 feet in any direction of the apex of any comer of an intersection.
(C) Hazardous deposits of ice and snow. No person shall throw, blow or shovel ice or snow onto the property of another person or onto an sidewalk, into a street, or in any other place which would create a hazard to vehicular traffic or a danger to pedestrians or home owners.
(D) Fees.
(1) All private contractors who plow or remove snow off private property located within the Village of Calumet Park shall be required to and pay a contractor's fee of $100, payable to the Village Clerk, for a period of one fiscal year, which shall begin on May 1 of the year for which the license is issued and shall terminate on April 30 of the next year.
(2) The Village Clerk shall mail to all contractors a statement of the time of their registration expiration; provided that a failure to send out the notice or the failure of the contractor to receive it shall not excuse the contractor from a failure to obtain a new registration, or a renewal thereof, nor shall it be a defense in an action for unpaid fees.
(E) (1) Every licensee operating a business in the village where the property contains, abuts or fronts on a paved public sidewalk, shall remove and clear away, or cause to be removed and cleared away, snow, after at least two inches of snow has accumulated, and also accumulations of ice, sleet, or freezing rain. After initial clearance, the licensee shall maintain the sidewalk in a reasonably clear condition.
(2) When snow, ice, or freezing rain is required to be removed, it shall be removed from the full width of the sidewalk, or at least 48 inches in area, whichever is less in width, along the entire length of the public sidewalk which is upon, fronts or abuts the property.
(3) Except as provided in division (E)(4) of this section, snow, ice, sleet, or freezing rain shall be removed as provided in division (E)(1) and (2) of this section within 48 hours after the public announcement of the Director of Public Works set forth in division (E)(6).
(4) In the event snow, ice, sleet, or freezing rain on a sidewalk has become so hard that it cannot be reasonably removed without damage to the sidewalk, or is otherwise largely impractical to remove, the person responsible for said removal shall cause enough sand or other abrasive material to be put on the sidewalk to make travel thereon reasonably safe, and shall maintain the sidewalk in such condition until weather permits the owner to comply with division (E)(1) and (2) of this section.
(5) The person responsible for removal of accumulations of snow, ice, sleet, or freezing rain from a sidewalk abutting a lot containing a building occupied by more than four dwelling units, shall remove all snow, ice, sleet or freezing rain from the driveways and parking lots of the premises and from the walkways between the public sidewalks, parking lots, or driveways, and entrances to the dwelling units within the same time limit as specified in division (E)(3) of this section.
(6) (a) The declaration by the Director of Public Works that accumulations of snow have reached two inches, or that there exists accumulations of ice, sleet, or freezing rain shall be determinative of the amount of accumulation or event causing divisions (E)(1) through (3) to be effective.
(b) The declaration by the Director of Public Works of the time frame for removal or cleaning of accumulations of snow, ice, sleet or freezing rain shall be determinative of the time for removal set forth in division (E)(3). Before making the announcement, the Public Works Director shall be guided by the following standards:
1. The announcement shall be timed to roughly coincide with the substantial cessation of the precipitation event.
2. The announcement shall be made so that the time frame for beginning removal takes place Monday after 6:00 a.m. through 6:00 a.m. Friday, and not on recognized federal or state holidays.
3. The announcement shall take into account the progress in snow removal by the village on arterial streets within the areas and be timed to coincide with the substantial completion of such operations in the area affected.
(7) No fine shall be imposed for a violation of this division; however:
(a) If the person responsible fails to clear snow, ice, sleet or freezing rain as provided for in this division, such person consents impliedly to the creation of a contract with the village to perform such snow, ice, sleet or freezing rain removal on behalf of such person, consistent with the terms set forth in this division.
(b) After the village clears such accumulation, the person responsible for snow removal under division (E)(1) of this section shall pay to the village all the costs incurred by the village as the result of such removal including, but not limited to, all costs incurred by the village as administrative costs.
(c) The responsible person shall pay the village's costs within 28 days after the village sends out a bill to such person. If such person fails to pay the full amount within the 28 day time period, such person shall additionally pay the costs of collection, including reasonable attorney's fees.
(d) The person last paying taxes on any property subject to this section is presumed to be responsible for the costs set forth in this division.
(8) This division is intended to be penal in nature and is not intended to create a civil duty or right in other parties.
(Ord. 03-812, passed 2-13-2003; Ord. 09-976, passed 3-26-2009)