[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.
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.
A.
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.
B.
In addition, any parking area shall be maintained to
such a condition as to meet the following minimum standards:
(1)
All such areas shall be kept free of congestion so as
to be opened to emergency and service vehicles.
(2)
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.
(3)
The areas shall be kept free from potholes, defects,
debris, rubbish, rocks and litter.
(4)
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.
(5)
All signs used for traffic direction and control shall
be maintained so that they are visible.
(6)
The parking area shall be kept free from excessive accumulation
of stormwater, and adequate runoff drains shall be provided and maintained.
(7)
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.
A.
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.
B.
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.
C.
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]
D.
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.
