[Adopted 7-12-1971 as Ch. 83, Art. IV, of the 1971 Code]
No person, firm or corporation shall permit
the loading or unloading of any commercial vehicle in any area of
the Township, except areas zoned for light industry, between the hours
of 11:00 p.m. and 7:00 a.m. or on Sundays.
As used in this article, the following terms
shall have the meanings indicated:
Any vehicle, trailer or similar device, whether or not motor
propelled, which carries or is capable of carrying goods, products
and supplies of any description normally delivered to or sold by any
business or commercial enterprise.
The delivery of consumer products directly to
individual residents of the Township shall not be considered the loading
or unloading of a commercial vehicle within the purview of this article.
Any loading or unloading of any commercial vehicle
contrary to the provisions of this article shall be deemed to constitute
a violation, whether or not such loading or unloading constitutes
a nuisance in fact, and shall be subject to the penalties hereinafter
provided for such violations, it being the intent of the Board of
Commissioners hereby not to designate all loading and unloading of
commercial vehicles as a nuisance per se, but, rather, to regulate
said loading and unloading as in the best interest of the Township
pursuant to the authority granted in the First Class Township Code.[1]
[1]
Editor's Note: See 53 § 55101 et
seq.
Any person, firm or corporation owning, leasing
or operating either the commercial vehicle or the premises where a
violation of this article occurs shall, upon conviction before a Justice
of the Peace, be subject to pay a fine or penalty of not less than
$10 nor more than $300 for each and every offense, together with costs,
and in default of payment of such fine or costs, such person or persons
may be committed to the Township lockup for any period not exceeding
five days or to the Delaware County Prison for any period not exceeding
30 days, at the discretion of said Justice of the Peace.
