[HISTORY: Adopted by the Township Council of the Township of Jefferson 8-10-1988 by Ord. No. 17-88 (Ch. 71 of the 1967 Code). Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and conditions of parking areas for nonresidential use and open them to the general public by establishing standards governing such facilities and the conditions of said facilities and fixing penalties for the violations of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- A person having actual possession of any premises or any part thereof.
- A person who has charge, care or control of a premises.
- A person or entity who or which, alone or jointly with others, has legal or equitable title to premises with or without accompanying actual possession, including an executor, administrator, trustee or guardian of an estate or a mortgagee in possession.
- PARKING AREA
- Any place maintained for outdoor parking of motor vehicles which is made available to patrons, customers or employees of any place of business, which parking area is located on private property not owned by the municipality or any Board of Education or instrumentality thereof. Included in this definition shall be any parking area used for the patrons and employees of any industrial use. "Parking areas" shall also include all accessways, aisleways, means of ingress and egress to and from said parking area, landscaped buffer areas and islands of said areas on private property and pedestrian walkways located within the parking areas.
All parking areas shall be maintained, where applicable, as initially constructed in accordance with the original site plan. If no site plan approval had been obtained, then the parking area shall be maintained in accordance with the customary and historical use of the parking area.
In addition, any parking area shall be maintained to such a condition as to meet the following minimum standards:
All such areas shall be kept free of congestion so as to be opened to emergency and service vehicles.
All access areas, maneuvering areas and parking locations and pedestrian areas within the parking areas shall be kept free of snow and ice. Snow and ice shall be removed within 1/2 business day after occurrence and shall not be allowed to accumulate or to freeze in any area, other than areas not used for accessways, maneuvering areas, parking, pedestrian traffic or within sight triangles as herein defined.
The areas shall be kept free from potholes, defects, debris, rubbish, rocks and litter.
All accessways and parking areas shall be clearly marked and the markings maintained so that they are visible, including all markings for traffic direction and control.
All signs used for traffic direction and control shall be maintained so that they are visible.
The parking area shall be kept free from excessive accumulation of stormwater, and adequate runoff drains shall be provided and maintained.
The parking areas shall be maintained in good repair so that they are free from holes, ruts, depressions, rocks and other obstructions.
Areas adjacent to accessways at the intersection with other accessways and/or streets shall be kept free from obstruction, including the piling of snow and debris, so as to permit clear visibility at all such intersections.
Owners, occupants and operators shall have all of the duties and responsibilities prescribed in this chapter, and no owner or occupant shall be relieved from any duties and responsibility or be entitled to defend against any charge or violation by reason of the fact that they contend that the other or a third party is responsible for parking area maintenance.
In the event of any violations of the provisions of this chapter, the enforcing officer shall give notice to the owner and/or occupant of the premises to abate said violations. No notice of abatement shall be more than 30 days, and the period of abatement shall be determined by the enforcing officer, taking into consideration the type of violations, the work that must be done in order to abate the violations and the weather conditions. Any notice of abatement may be served personally on the person having control of the premises or by mail.
If abatement does not take place within the time prescribed by the enforcing officer, then a summons shall issue for each violation. Each day that any violation or violations continue shall constitute a separate violation of this chapter.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 for each violation.
[Amended 6-14-2006 by Ord. No. 16-06]
In addition, nothing herein shall prevent the Township administration from applying to any court having competent jurisdiction to compel by injunctive relief any person violating any of the provisions of this chapter to comply with the provisions of this chapter.
Nothing herein shall prevent the administration of the Township from closing off any parking area to the public which is deemed rendered unsafe as a result of a violation of any of the provisions of this chapter nor prevent the municipality from entering upon said premises for the purpose of correcting any such violation, which corrections shall be made without the assumption of any liability and for which the owner and/or occupant of the premises shall be responsible for the reasonable cost of said repair.
[Amended 4-2-1997 by Ord. No. 7-97]
This chapter shall be enforced by the Zoning Officer of the Township, the Health Officer of the Township or any sanitarian in the Department of Health and Welfare, the Director of Public Works or any police officer of the Township of Jefferson.