[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 12-21-1992 by Ord. No. 42-1; amended in its entirety 10-17-2017 by Ord. No. 363. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any individual or individuals, corporation, firm, partnership, association of persons, organization, or any other group acting as a unit.
Responsibility to remove snow and ice.
Single-occupancy buildings. It shall be the duty of the owner or occupant of every property to remove or cause to be removed any snow or ice that has fallen or formed from any and all of the sidewalks in front of or alongside such property, whether abutting a public or private road, within 24 hours after the snow has ceased to fall or the ice has formed, so as to clear a path for pedestrians at least 30 inches wide and to keep the path clear of snow and ice after removal. The owner of a property shall be responsible for removing the snow and ice where such property is occupied or vacant.
Multiple-occupancy buildings. It shall be the duty of the owner of any multiple-occupancy building, whether the building is of a residential or any other use, to remove or cause to be removed any snow or ice that has fallen or formed, from any and all of the sidewalks in front of, alongside, and internally located on such property within 24 hours after the snow has ceased to fall or the ice has formed, so as to clear a path for pedestrians at least 30 inches wide and to keep the path free and clear of snow and ice after removal. Furthermore, said owner shall keep free and clear all parking lots and accesses to parking lots on properties with multiple-occupancy buildings.
Private roads. It shall be the duty of the owners of any private road or street that connects three or more dwelling units, office units, commercial units, industrial units, or any combination thereof, to remove or cause to be removed any snow or ice fallen on the private road within eight hours after the snow has ceased to fall or the ice formed, so as to clear safe access for occupants, the public, and emergency service providers.
Placement of snow; fire hydrants.
Snow or ice removed from sidewalk areas shall be placed on the property of the owner, adjacent to the removal area. Excessive amounts of snow or ice may be placed in the area between the sidewalk and the curbline, but not in the street. If the snow and ice is frozen so hard that it cannot be removed without injury to the pavement or damaging the base of the footpath, the owner of the property shall cause the sidewalk abutting or adjacent to such premises to be strewn with ashes, sand, sawdust or any suitable abrasive material and shall, as soon thereafter as the weather shall permit, thoroughly clean such sidewalks.
Fire hydrants shall not be covered with snow or ice.
It shall be unlawful to throw, shovel, or plow snow into or upon any roads and streets within the Township with the intent of allowing such snow to remain on such roads and streets.
Whenever there is any accumulation of snow, ice and/or freezing rain upon the streets which shall be designated as snow emergency routes, causing such streets to become dangerous and hazardous to vehicular and pedestrian traffic, a snow emergency shall be declared by the Chairman of the Board of Supervisors or, in his absence or unavailability, then by any Supervisor. Whenever a snow emergency exists on snow emergency routes, all parking shall be prohibited on these routes.
In all other streets throughout the Township not specifically designated as snow emergency routes, the snow emergency status shall arise whenever the depth of snow on each individual street shall reach an accumulation of three inches, at which time the snow emergency shall be declared by the Chairman of the Board of Supervisors or, in his absence or unavailability, then by any Supervisor.
Any time a snow emergency shall be deemed to be in effect by virtue of the foregoing provisions, such emergency shall continue to exist until such time as the Chairman of the Board of Supervisors or, in his absence or unavailability, any Supervisor shall declare that the snow emergency has been terminated.
When a snow emergency has been declared in reference to all other streets throughout the Township not specifically designated as snow emergency routes, it shall then be unlawful to park any vehicle on such streets within the Township until the snow has been completely plowed for the full width of the cartway, except on those streets within the Township where only on-street parking is available. Where only on-street parking is available, all motor vehicles shall be parked on the even-address side of the street on even-numbered calendar days and on the odd-address side of the street on odd-numbered calendar days.
No-parking signs. Official signs (R7-22) shall be erected and maintained by the Township, giving notice of the prohibited parking on each road designated as a snow emergency route. Signs shall be placed at the beginning of and at reasonable intervals throughout the restriction.
Motor vehicles left unattended. It shall be unlawful for any motor vehicle to be left parked, stalled, incapable of moving under its own power or left unattended on any street or road within this Township in violation of the provisions of this chapter, and, in addition to the penalties hereinafter provided for such violation, any such motor vehicle may be removed and/or impounded by the Township.
Impoundment of motor vehicles.
In the event that motor vehicles are impounded, such motor vehicles shall be stored in storage areas or garages as are approved from time to time by the Township Supervisors by resolution. Such storage areas or garages used as pounds for the storage of motor vehicles mentioned above shall be approved by the Township Supervisors only after the owners or operators of such storage areas or garages have provided bond in a sufficient and adequate amount for the indemnification of the owners of such impounded motor vehicles against the loss thereof or injury or damage thereto while in the custody of such pound keeper and have provided, in writing, with the Township Supervisors fixed specific towing and storage charges to be assessed against the owners of the motor vehicles and which must be paid before release of the motor vehicles to the owners.
Within 12 hours from the time of the impounding of any vehicle or ascertainment by the Township as to the identity of the owner of such vehicle, notice of the fact that such vehicle has been impounded shall be sent by the Township to the owner of record of such vehicle designating the place from which said vehicle was removed, the reason for its impounding and the place in which it has been impounded.
The payment of such charges assessed above, unless such payment shall be made under protest, shall be final and conclusive and shall constitute a waiver of any right to recover the money so paid by the owner of the motor vehicle so impounded. In the event that the towing and impounding charges are paid under protest, the offender shall be entitled to a hearing before a District Justice or a court of record having jurisdiction.
No vehicle shall be removed under the terms of this chapter if, at the time of such intended removal, the owner or person for the time being in charge of such vehicle is present and expresses a willingness and intention to immediately remove said vehicle.
By resolution, the Supervisors shall designate snow emergency routes, the marking and posting and the rules and regulations in reference to the same, as well as rules and regulations in reference to any of the other requirements and provisions of this chapter, and such rules and regulations shall have the force and effect and be subject to the same penalties as any other provisions of this chapter.
Union Meeting Road: Route 73 to Township Line Road South.
Jolly Road: Unisys to Route 202.
Arch Street Road: Township Line Road to Jolly Road.
Wentz Road: Jolly Road to Route 73.
Yost Road: North Wales Road to Route 202.
North Wales Road: Route 73 to Township Line Road South.
Penllyn Blue Bell Pike: Stenton Avenue to South Township Line Road.
Narcissa Road, Township Line South to Skippack.
Cathcart, Morris Road to Township Line North.
Hoover Road, Union Meeting to Penllyn Blue Bell Pike.
Mt. Pleasant, Morris to Railroad Avenue.
Township Line South, Narcissa to Butler Pike.
In the event of a violation of § 124-2, the Township shall notify the owner or occupant of the property or private road to remove the snow and ice. If the owner or occupant fails, neglects, or refuses to comply with the order of the Supervisors of Whitpain Township for the abatement or removal thereof within four hours of the giving of such notice, the Supervisors or their agents or employees may, at their sole option clear the snow or ice on such private roads or sidewalks in such a fashion as the Township shall deem necessary.
The expense incident to such abatement shall be paid by the owner or occupant of such premises, and such expense as may be incurred by the Township may be billed to such owner or occupant by the Supervisors, and in default of payment of such bill, a lien upon the lands on which the nuisance was maintained may be filed by said Supervisors in the name of Whitpain Township in the Court of Common Pleas of Montgomery County, Pennsylvania, within six months from the date of completion of the work of abatement or removal, subject to the same proceedings for entry and revival of judgment and execution as are provided by law for other municipal liens.
The Supervisors may also collect the cost of such abatement or removal by summary proceedings before a District Justice, which amount, when recovered, either by enforcement of the lien or by summary proceedings, shall be paid to the Township Treasurer, to be held and used for Township purposes, but a final recovery of the amount in one proceeding shall be a bar to the institution of or further continuance of the other proceeding.
Any owner, as defined herein, person, corporation or other entity who or which shall violate any of the provisions of this chapter or who should fail to comply with any notice of violation herein, upon conviction before a District Justice within the magisterial district within which the Township of Whitpain is a part, shall be fined not more than $600 plus costs of prosecution after a summary proceeding brought in the name of the Township before said District Justice. A new and separate offense shall be deemed to be committed for each day that such violation exists. In default of the payment of any fine imposed and the costs, the person or persons that are charged may be sentenced to be committed to the county jail for a period not exceeding 30 days.
In all cases where a police officer of Whitpain Township shall first give notice of the offense by either handing to the offending operator or affixing to the motor vehicle in question a ticket on which he has noted the time and place of the offense, nature of the offense charged and the license registration of the motor vehicle in question, no prosecution shall be instituted for 72 hours thereafter, provided that, if during said seventy-two-hour period, the offender shall voluntarily appear at the Whitpain Township Police Station (0900 to 1700 hours) during regular business hours and voluntarily enter a plea of guilty and pay a fine of $10 to the Township, no prosecution for such offense shall thereafter be brought.