In an effort to address the hazardous condition of accumulated snow being plowed, shoveled, blown, thrown, or placed off of private property onto public right-of-ways, the Borough of Keyport has amended Municipal Code, Chapter IV, Police Regulations, Section 4-5, Snow and Ice Removal, by adding new sections as follows:

4-5      SNOW  AND ICE REMOVAL.

            **4-5.1 Removal Required.           Any owner or owners, occupant or occupants, tenant or tenants, building superintendent, rental agent, owner or manager of any residential or commercial property, including but not limited to single  family, two family or multifamily dwellings, including rooming and boarding houses, townhouses, condominiums, apartments or rooms over or otherwise part of commercial properties, garden apartment complexes or [person in charge of] any other premises abutting or bordering upon any public street in the Borough, shall remove all snow and ice from the abutting sidewalks of such streets, and from the streets, roadways and parking areas of each townhouse, condominium, garden apartment complex  or other multifamily dwelling, or in the case of ice which may be so frozen as to make removal impractical, shall cause the same to be thoroughly covered with sand, within forty-eight (48) hours [of daylight] after the same shall cease to fall or be formed thereon, or within forty-eight (48) hours of the end of any state of emergency declared by the Governor, the Mayor or other appropriate executive authority. This forty-eight (48) hour period may be extended  during severe conditions by a Resolution of the Borough Council.

            **4-5.2 Prohibition of Removal of Snow and Ice onto Borough Streets.  The removal of snow and ice as required in subsection 4-5.1 shall not be accomplished by plowing, shoveling or otherwise moving the snow and ice onto  streets within the Borough. This prohibition shall not apply to single family or two family dwellings.

            **4-5.3 Removal by Borough.  In all cases where the owners, occupants, tenants, or other individuals enumerated in subsection [4-6.1] 4-5.1 shall fail to comply with that subsection, the Borough shall remove the snow or ice by and under the direction of the Superintendent of [Streets] Public Works or such other official in charge of the care and maintenance of the Borough streets.

            **4-5.4 Payment for Removal by Borough.  In all cases where snow or ice shall have been removed [from any sidewalks or gutter] by and under the direction of the Borough, the Borough official in charge shall certify the cost [or] of removal to the Borough Council, and the Borough Council shall examine the certificat[e]ion and if found correct, shall cause the cost [as found thereon] so certified to be charged against the lands and premises [, streets, sidewalks or gutters] and the amount so charged shall forthwith become a lien upon the land and premises and shall be added to and become [and form] part of the taxes to be assessed and levied upon the lands and premises, the same to bear interest at the same rate as taxes and shall be collected by the same officials and in the same manner as taxes. The liability for the cost of the removal [work] shall be in addition to any penalty provided for elsewhere in this section.

            **4-5.5 Violation; Penalty.  Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalt[y]ies stated  in Section 1-5 of Chapter 1. These penalties shall be in addition to  the liability for the cost of the removal provided for elsewhere in this section.

            *4-5.5: Casting of Snow and Ice. No owner, tenant or occupant of any premises, nor any agent or employee thereof, shall plow, shovel, blow, throw, place or deposit any snow or ice from a private driveway, parking area, or sidewalk on or in front of his or her property upon a municipal street or sidewalk of the Borough.

           *4-5.6: Violation; Penalty.Any person who violates any provision of this article shall, upon conviction thereof, be punishable by any combination of the following: a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.

This information will be mailed in you next water bill!

*Ordinance 1-11 – adopted January 18, 2011

**Ordinance 5-11 – adopted February 15, 2011