[Adopted 1-31-2005 by Ord. No. 2005-4 (Ch. 21, Part 4, of
the 1991 Code of Ordinances)]
This article shall be known and may be cited as the "Snow and
Ice Removal Ordinance."
The purpose of this article is to prohibit the placement of
snow and ice on public streets and roads maintained by this Township
and other public entities for the health, safety and welfare of the
citizens of the Township and the traveling public at large.
As used in this article, the following terms shall have the
meanings indicated:
That portion of a public street or road that has been plowed
or otherwise cleared of snow by Township or commonwealth forces or
that has been treated by Township or commonwealth forces with deicing
or antiskid material.
The Pennsylvania Department of Transportation, Commonwealth
of Pennsylvania.
Any organization of people other than an individual person
whether in the form of a partnership, joint venture, association,
corporation (whether for or not for profit) or otherwise.
Any street or road within the territorial limits of the Township
of Fairview as maintained by the Township or the commonwealth.
A sum of money equal to the Township's actual cost of
removing snow or ice unlawfully placed on a public street or road
or for treating ice occasioned by such unlawful placement, said costs
to be determined by the verified statement of the Township Manager
or Assistant Township Manager.
The Township of Fairview, York County, Pennsylvania.
The Township Assistant Manager as appointed by the Fairview
Township Board of Supervisors.
The Township Manager as appointed by the Fairview Township
Board of Supervisors.
Police Officer(s), Code Enforcement Officer(s), Township
Manager, and Township Assistant Manager as employed by the Township.
A.
It shall be unlawful for any person to place any snow or ice (whether
by shoveling, sweeping, plowing, blowing, pushing, dumping or otherwise)
upon the cleared and/or treated portion of a public street or road
within the Township.
B.
It shall be unlawful for any person or entity to cause or permit
any person to place any snow or ice (whether by shoveling, sweeping,
plowing, blowing, pushing, dumping or otherwise) upon the cleared
and/or treated portion of a public street or road within the Township.
C.
Such person or an entity shall be presumed to have caused or permitted
a person to place snow or ice upon the cleared and/or treated portion
of a public street or road where:
Any police officer or other Township official shall determine
in each instance whether a violation has occurred under this article.
A.
First offense. Any person or entity who shall violate any provision
of this article for the first time shall, upon conviction thereof,
be sentenced to pay a fine of not less than $100 and not more than
$300 and shall pay restitution to the Township and the costs of prosecution
(or upon failure to make such payments, to undergo imprisonment for
a term of not less than five nor more than 10 consecutive days).
B.
Second offense. Any person or entity who shall violate any provision
of this article for the second or subsequent time shall, upon conviction
thereof, be sentenced to pay a fine of not less than $200 nor more
than $1,000 and shall pay restitution to the Township and the costs
of prosecution (and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days).
C.
The Township, in addition to any other remedies available to it,
may take any appropriate action at law or equity, civil or criminal,
to enforce the provisions of this article or to enjoin or otherwise
restrain or prevent the violation of this article, and this article
shall in no way restrict any remedies otherwise provided by law.
