[Adopted 5-17-2004 by Ord. No. CXCIV]
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
A person other than an officer of the Police Department designated
by the Board of Supervisors of the Township to enforce this article.
The legal and/or beneficial owner of real property located
within the Township.
Any individual, association, partnership, public or private
corporation, whether for profit or not-for-profit, trust, estate,
or other legally recognized entity. Whenever the term "person" is
used in connection with any clause providing for the imposition of
a fine or penalty or the ordering of the action to comply with the
terms of this article, the term "person" shall include the members
of an association, partnership or firm and the officers of any public
or private corporation, whether for profit or not-for-profit.
The Northwest Regional Lancaster County Police Department.
For unoccupied or multiple unit properties, the person or
persons who is/are the owner(s) of such property. For occupied single
unit properties, all occupants of the property.
The Township of Mount Joy, Lancaster County, Pennsylvania.
The responsible party for a property fronting
upon or along any street within the Township is hereby required to
remove or cause to be removed from all of the sidewalks in front of
or alongside such property all snow and ice which has fallen or formed
thereon within 24 hours after such snow and ice has ceased to fall
or to be formed so that there shall be a clear walk along the entire
length thereof at least three feet in width. In the event that snow
and/or ice on a sidewalk has become so hard that it cannot be removed
without the likelihood of damage to the sidewalk, the responsible
party shall, within 24 hours after the snow or ice has ceased to fall
or form, cause enough sand or other abrasive to be placed upon the
sidewalk to make travel reasonably safe and shall, as soon thereafter
as weather permits, cause to be cleared a path in said sidewalk of
at least three feet in width.
Every responsible party shall remove and clear
away, or cause to be removed and cleared away, any accumulation of
snow and ice on a building or other structure which is liable to fall
on any sidewalk, roadway or other public way. Such work shall be completed
within a reasonable time, but not later than 24 hours after the cessation
of any fall of snow, sleet or freezing rain.
Every responsible party shall remove and clear
away, or cause to be removed and cleared away, any accumulation of
snow or ice surrounding a fire hydrant located along the frontage
of the property of the responsible party. Such work shall be completed
within a reasonable time, but not later than 24 hours after the cessation
of any fall of snow, sleet or freezing rain.
No person shall deposit or cause to be deposited
any snow or ice on or immediately next to a fire hydrant or on any
sidewalk, travel lanes of a street, or loading or unloading area of
a public transportation system; except that the Township may mound
snow and ice on public cartways incident to the clearing thereof or
on curbs and persons may mound snow and ice on curbs incident to the
clearing of sidewalks in business districts.
In any case where the responsible party shall
fail, neglect or refuse to comply with any of the provisions of this
article within the time limit prescribed herein, the Township may
proceed immediately to clear all snow and/or ice from the sidewalk,
roof, or around the fire hydrant on the property for which such person
is a responsible party and to collect the expenses of such removal,
with an additional penalty of 10% of such costs, from the responsible
party or to file a municipal lien against such property.
Any person who violates any provision of this article shall, upon conviction, be sentenced to pay all fines and costs as established in § 116-68 of this article, provided it shall be the duty of the Code Enforcement Officer and of police officers to report to the appropriate official all violations of any provision of this article indicating, in each case, the section violated; the location where the violation took place; and any other facts that might be necessary in order to secure a clear understanding of the circumstances attending the violation. The Code Enforcement Officer or police officer making the report shall also deliver to the responsible party or attach to or place upon the dwelling or other structure on the property where the violation is located a notice stating that the responsible party is in violation of this article. The notice shall contain instructions to the responsible party that if he will report to the Office of the Chief of Police and pay $15 within 48 hours, that act will save the responsible party from the prosecution and from payment of the fine and costs described in the first sentence of this section and that if the responsible party shall place the sum set forth below plus a late fee of $5 more than 48 hours but less than 14 days after the notice, that act will save the responsible party from prosecution and from payment of the fine and costs prescribed in the first sentence of this section or in such other applicable section of this article. The Board of Supervisors may change the penalty sum of $15 or the late fee of $5 at any time by resolution.
Any person who commits or permits any other
person to commit a violation of any provision of this article shall
be liable upon conviction thereof in a summary proceeding to pay a
fine of not less than $50 nor more than $1,000 for each offense, together
with the costs of prosecution. Each day or portion thereof in which
a violation exists shall be considered a separate violation of this
article, and each section of this article which is violated shall
be considered a separate violation.
