[HISTORY: Adopted by the Board of Supervisors of the Township of
Middlesex as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-3-1964 by Ord. No. 13]
This article shall be known and may be cited as the "Township of Middlesex
Snow and Ice Clearing Ordinance of 1964."
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.
The real or equitable owners of property abutting sidewalks or streets,
as in this article is defined.
Includes any person or persons, male or female, corporation, partnership,
association, company, individual, owner, occupant, lessee, tenant or any organization.
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.
Any highway within the Township of Middlesex, when maintained by
either the Commonwealth of Pennsylvania, the County of Butler or the Township
of Middlesex.
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.
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.
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.
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.[1]
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.[1]
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.[1]
[Adopted 7-8-1974 by Ord. No. 27]
A.
PERSON
TOWNSHIP ROAD
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:
Includes any natural person, partnership, firm, association or corporation.
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.
No person shall henceforth plant or cause to be planted any trees, bushes,
shrubs or hedges within the rights-of-way of Middlesex Township.
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.
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.
No person shall permit diseased trees to continue growing within the
rights-of-way of Middlesex Township.
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.
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.
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.
