Sec. 70-103. - Penalty violation of section 70-102.

(a)

Violation of section 70-102 by a person shall result in a warning for the first offense and shall be punishable by a fine of $100.00 for the second offense, and by a fine of $175.00 for the third offense. The fine may be paid by mail or in person at the city municipal court. Upon the fourth and each subsequent violation of this section, a person shall be subject to the penalties set forth in section 1-4 of the Code, provided that such person shall also be required to appear in person at a hearing before the city municipal court, and further provided that such violation shall be punishable by a fine of no less than $250.00. Only one violation may occur in respect of any one snowfall or icefall event or other event resulting in snow or ice encumbering a priority sidewalk, provided however, that a continued violation 24 hours after the issuance of a warning for a first offense shall constitute a second offense.

(b)

The city may clear, or may cause to be cleared, snow and ice from any priority sidewalk at any time, and if the owner of any lot of land adjoining or including such priority sidewalk is at such time in violation of section 70-102, the city may charge such owner for the cost of such clearing, provided that any such charge shall be credited against any fine imposed on such person in respect of any such violation existing at such time, and further provided that this clause (b) shall not relieve any owner for responsibility for compliance with section 70-102.

(c)

Any owner who is a natural person and who has been exempted from penalties under clauses (a) and (b) of this section through a determination of hardship by the city, through the applicable procedures of the city for such determination as may be in effect from time to time, (which procedures may include submission of appropriate Social Security Disability Award documentation and/or for owners age 62 and older, proof of age, to the department of human services), shall not be subject to such penalties. A list of the properties owned exclusively by owners exempted under this clause (c) will be submitted to the Warwick Police Department and the department of public works in order to establish a "do not tag for violation" list. For avoidance of doubt, the city may, but is not required to clear any sidewalk on behalf of any owner exempted under this clause (c), and the city is not required to pay any amount to clear any such sidewalk. An owner of property on a state road with no priority sidewalk is exempt from the penalties under this section.

(Code 1971, § 19-83; Ord. No. O-00-16, § I, 5-11-00; Ord. No. O-05-37, § II, 12-13-05; Ord. No. O-15-18, § I, 1-2-16)