Township of Middlesex, PA
Butler County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Middlesex as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Grading, excavation and fill — See Ch. 89.

Impact fees — See Ch. 97.

Improvement design standards — See Ch. 101.

Subdivision and land development — See Ch. 150.

ARTICLE I
Accumulations on Sidewalks (§ 147-1 — § 147-6) 

ARTICLE II
Encroachment by Trees and Shrubs (§ 147-7 — § 147-14) 

[Adopted 2-3-1964 by Ord. No. 13]

§ 147-1
Title. 

§ 147-2
Definitions and word usage. 

§ 147-3
Accumulations prohibited. 

§ 147-4
Clearing of snow and ice required. 

§ 147-5
Method of snow and ice removal. 

§ 147-6
Violations and penalties. 

§ 147-1 Title.

This article shall be known and may be cited as the "Township of Middlesex Snow and Ice Clearing Ordinance of 1964."

§ 147-2 Definitions and word usage.

The following words, terms, and phrases as used in this article shall have the meanings given herein. When not inconsistent with the context, words used in the singular include the plural, and words in the plural include the singular, and the words used in the present tense include the future. The word "shall" is always mandatory.

OWNERS
The real or equitable owners of property abutting sidewalks or streets, as in this article is defined.
PROPERTY OWNER
Includes any person or persons, male or female, corporation, partnership, association, company, individual, owner, occupant, lessee, tenant or any organization.
SIDEWALK
A paved path or footwalk for public use located between the cartway or curbline and right-of-way line of any public or municipal maintained street or highway.
STREET
Any highway within the Township of Middlesex, when maintained by either the Commonwealth of Pennsylvania, the County of Butler or the Township of Middlesex.
TENANT
Includes the occupant, lessee, tenant or person having charge of any building, lot or parcel of ground, abutting the sidewalk or street, as in this article is defined.
TOWNSHIP OF MIDDLESEX
The elected officials of the Township of Middlesex, or any authorized representatives, agency or agencies of the Township appointed by the Supervisors of the Township.

§ 147-3 Accumulations prohibited.

Following the effective date of this article, it shall be unlawful for any property owner:

A. 

To deposit or permit to be deposited and keep (except upon permit issued by the Township) any rubbish, trash or materials of any character whatsoever upon a sidewalk or street within the Township.

B. 

To allow or permit snow or ice to lie upon, remain upon or be piled or accumulated upon a sidewalk within the Township for more than 24 hours.

§ 147-4 Clearing of snow and ice required.

It shall be the duty of the property owner, not later than 24 hours after snow has ceased to fall, to clear or cause to be cleared a pathway in the sidewalk upon which such property abuts. Such pathway shall be not less than 30 inches in width and shall be thoroughly cleared to that extent of snow and ice or other obstruction.

Editor's Note: Original Section 5, regarding winter parking, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 162, Vehicles and Traffic.

§ 147-5 Method of snow and ice removal.

A. 

Snow or ice removed from sidewalk areas shall be placed on the person's property.

B. 

If there shall be an excessive amount of snow or ice and there is no longer any place on the person's property to shovel the snow, then it may be placed along the curbline, but not in the street.

C. 

Should the snow and ice on the sidewalk pavement, or footpath, be frozen so hard that it cannot be removed without injury to the pavement or damaging the base of the footpath, the person having charge of the snow and ice removal shall cause the sidewalk abutting or adjacent to such premises to be strewn and to be kept strewn with ashes, sand, sawdust, or any approved abrasive material, and shall as soon thereafter as the weather shall permit thoroughly clean such sidewalks.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 147-6 Violations and penalties.

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.

Editor's Note: Original Section 8, regarding removal of vehicles in violation of winter parking restrictions, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 162, Vehicles and Traffic.

[Adopted 7-8-1974 by Ord. No. 27]

§ 147-7
Definitions and word usage. 

§ 147-8
Planting within rights-of-way prohibited. 

§ 147-9
Trimming of vegetation to prevent encroachments. 

§ 147-10
Clear sight triangles. 

§ 147-11
Diseased trees. 

§ 147-12
Notice of violation; failure to comply; Township to do work and collect costs. 

§ 147-13
Violation declared to be nuisance. 

§ 147-14
Violations and penalties. 

§ 147-7 Definitions and word usage.

A. 

The following words when used in this article shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:

PERSON
Includes any natural person, partnership, firm, association or corporation.
TOWNSHIP ROAD
Any Township street, avenue, road, alley, highway or other public place located in the Township of Middlesex and established for the use of vehicles and maintained by the Township of Middlesex.
B. 

In this article, the singular shall include the plural and the masculine shall include the feminine and neuter.

§ 147-8 Planting within rights-of-way prohibited.

No person shall henceforth plant or cause to be planted any trees, bushes, shrubs or hedges within the rights-of-way of Middlesex Township.

§ 147-9 Trimming of vegetation to prevent encroachments.

A. 

Every person growing a tree, bush, shrub or hedge within a Township road right-of-way or abutting a Township road or right-of-way shall trim such trees, bushes, shrubs and hedges so as not to cause a hazard to the Township highway or right-of-way by streetlights, so that no such trees, bushes, shrubs or hedges, branches, twigs, leaves or foliage shall be closer to the side line of the traveled portion of any Township road than 10 feet.

B. 

Any person growing a tree, bush, shrub, or hedge within the Township road or growing upon property abutting a Township road or right-of-way shall trim such tree, shrub, hedge or bush in such a manner that the minimum clearance of a portion thereof hanging over the traveled portion of any Township road or within 10 feet thereof shall be 15 feet above the traveled portion of said Township road.

§ 147-10 Clear sight triangles.

Any person owning property at the intersection of two or more Township roads or at the intersection of one or more Township roads with a state highway or a private drive shall maintain a clear sight triangle which shall measure a minimum distance of 35 feet along each street center line from the point of intersection. No trees, bushes, hedges, or shrubs, grading or other obstruction to vision shall be permitted to interfere with said clear sight distance.

§ 147-11 Diseased trees.

No person shall permit diseased trees to continue growing within the rights-of-way of Middlesex Township.

§ 147-12 Notice of violation; failure to comply; Township to do work and collect costs.

The Board of Supervisors of Middlesex Township or its duly authorized agents, when they determine that trees, bushes, shrubs or hedges are planted or growing or diseased contrary to the provisions hereof, shall cause the person or owner of the property upon which said trees, hedges, bushes or shrubs are growing contrary to the provisions of this article or the owner of property abutting upon a Township right-of-way upon which such trees, hedges, bushes or shrubs are growing contrary to the provisions of this article to be notified in writing by certified mail, return receipt, as to the existence of said condition and the violation of this article and that said notice shall set forth a time limit not in excess of 30 days from the date of service of the same within which compliance shall be required to each and every provision of this article, and, in the event of failure to comply within said time limit with the provisions of this article, then, the Board of Supervisors shall cause compliance with this article and shall take the necessary steps to trim, cut or destroy such trees, hedges, bushes or shrubs that are planted or growing contrary to the provisions of this article and, upon doing the same, shall charge the owner of said property or of the abutting property with the cost of trimming or cutting said trees, bushes, hedges or shrubs, together with a penalty of 10% of said costs, and the Township of Middlesex shall have the right to bring an action in assumpsit or the right to file a lien against the premises in accordance with the existing provisions of the Municipal Lien Laws of the Commonwealth of Pennsylvania.

§ 147-13 Violation declared to be nuisance.

The maintenance or planting or growing of trees, shrubs, bushes or hedges in violation of provisions hereof is hereby declared to be a nuisance and the Township of Middlesex shall be entitled to abate the same in accordance with the provisions hereof.

§ 147-14 Violations and penalties.

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.