A. Business Districts:
1. Business Districts Described: As used herein, the Business Districts shall be all those areas in the City which are or shall be designated and zoned as WB-1, WB-2, WB-3, WB-4, WRB-1, WRB-2 and WI under title 11 of this Code.
2. Snow And Ice Removal: It shall be the duty of the owner and tenant, if any, of any premises within the Business Districts described in subsection A1 of this section to keep all cement, concrete or paved sidewalks and shared use paths in front of and abutting or adjoining said premises free and clear of all accumulations of ice, snow, slush or other impediments and clean and safe for pedestrians by removing such ice, snow, slush and other impediments, providing a minimum five foot (5') clearance for pedestrian and bicycle traffic and to prevent continuance and accumulation of the same upon such sidewalks and shared use paths. Sidewalks and shared use paths shall, nevertheless, in all cases, be freed from the night's accumulation of ice, snow, slush or other impediments. When from any cause said sidewalks and shared use paths are rendered dangerous, unsafe or difficult to the free passage of pedestrians, it shall be the duty of the owners and tenants, if any, to remedy such condition immediately.
3. Obstruction Of Public Right-Of-Way: No person shall place or leave snow, ice, slush, or other impediments on a sidewalk, shared use path, or public street. Provided, however: In those areas of the WB-3 Zoning District where no landscaped boulevard exists in order to hold and store snow, owners and tenants may shovel snow and ice from sidewalks and shared use paths into the public streets except on the portion of 2nd Street which is a State highway. "Sidewalks" include adjacent paved areas at some street corners that are sometimes referred to as "bulbouts".
B. Residential Districts:
1. Residential Districts Described: As used herein, the Residential Districts shall be all those other areas in the City which are not designated, listed or enumerated in subsection A of this section as Business Districts.
2. Snow And Ice Removal: It shall be the duty of the owner and tenant, if any, of any premises within the Residential Districts described in subsection B1 of this section, to keep all cement, concrete or paved sidewalks and shared use paths in front of and abutting or adjoining said premises free and clear of all accumulations of ice, snow, slush or other impediments and clean and safe for pedestrians, providing a minimum five foot (5') clearance for pedestrian and bicycle traffic and to prevent continuance and accumulation of the same upon such sidewalks and shared use paths. Sidewalks and shared use paths shall, in all cases, be freed from all accumulation of ice, snow, slush or other impediment within twenty four (24) hours. When, from any cause, said sidewalks and shared use paths are rendered dangerous, unsafe or difficult to the free passage of pedestrians, it shall be the duty of the owners and tenants, if any, to remedy such condition immediately.
C. Liability: The City shall not be liable for injuries to pedestrians caused by or contributed to by sidewalks and shared use paths which are unsafe or dangerous by reason of accumulation of ice, snow, slush or other impediments thereon.
D. City Removal; Assess Property: If the owner or tenant of the premises abutting or adjoining said sidewalks and shared use paths fails to remove the accumulations of ice, snow, slush or other impediments from said sidewalks in accordance to and within the time specified in this section, then and in that event, the City Manager, or his or her designee, may, in his or her discretion, proceed forthwith, without notice to the owner or tenant of the premises abutting or adjoining said sidewalks and shared use paths, to provide for the removal of such ice, snow, slush or other impediment and the costs so incurred, plus a twenty percent (20%) administration fee, shall be assessed and collected against such owner and tenant in the same manner as other Municipal taxes or charges are assessed and collected and such costs may be included in any judgment or fine assessed by the court for any violation of this section. If said costs are assessed as other Municipal taxes or charges, then such costs of removal shall constitute a lien or charge against said premises so assessed until the same is paid in full.
E. Dangerous Accumulation Of Snow Or Ice On Roof: When a dangerous accumulation of ice or snow exists upon any roof and which ice and snow may fall upon the adjacent or abutting sidewalk, the property owner or tenant of said premises may, upon the consent of the City Manager, barricade said sidewalk and not remove the accumulation of ice and snow on the sidewalk. However, this provision shall not allow such continued failure to remove ice and snow from the sidewalk when said roof becomes free from the dangerous accumulation of ice and snow, in which case the said property owner and tenant, if any, shall remove said accumulation of ice and snow from the sidewalk within twenty four (24) hours after said roof has become free and clear of any dangerous accumulations of ice and snow.
F. Violations; Fine Or Penalty: Any person found guilty of violating any of the provisions of subsections A2, B2 and E of this section shall, upon complaint and conviction thereof, be punished according to the general penalty in section 1-4-1 of this Code. Any person who violates any of the provisions of subsections A2, B2 and E of this section shall be deemed to have committed a Municipal infraction, and shall be assessed the civil penalty described in section 1-4-4 of this Code. For each separate incident, the City shall elect to treat the violation as a misdemeanor or a Municipal infraction, but not both. If a violation is repeated, the City may treat the initial violation as a misdemeanor and the repeat violation as a Municipal infraction, or vice versa. Each day that a violation remains is a separate violation. (Ord. 18-33, 11-5-2018)