[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
It shall be unlawful for any person to construct, install or maintain
any cellar door, opening upon or into any sidewalk in the Township.
It shall be unlawful for any person to erect or maintain any post or
pole upon any sidewalk or sidewalk area in the Township, for the purpose of
supporting any awning, canopy, marquee or portico.
It shall be unlawful for any person to display or store any merchandise
upon any sidewalk in the Township unless such merchandise, including any stand,
table or support therefor, shall extend not more than one foot from back edge
of sidewalk toward the curb or outer line of the sidewalk, and shall be not
less than six feet in height.
It shall be unlawful for any person to erect any scaffolding upon or
over any sidewalk in the Township or to store upon any sidewalk or street
any material or equipment used in construction or repairs to the sidewalk
or in the construction of any vault thereunder, unless there shall be left
a passageway for pedestrians at least three feet in width alongside such scaffolding
or other obstruction.
A.
When any person shall be about to erect or repair any
house, building, wall or other structure within the Township and desires to
occupy a part of the public street or sidewalk for placement of building materials,
mortar boxes, dumpsters or similar items thereon, he shall make application
to the Township stating the number and extent of such building materials,
dumpsters and/or other items for the accommodation of which he desires to
occupy said street or sidewalk, the specific location where such person will
place the building materials, dumpsters and/or other items and why it is not
possible to place such items upon the property to which they relate. If the
placement of the requested materials will interfere with the safe passage
of vehicular or pedestrian traffic, the Township shall deny the permit. If
the applicant demonstrates that safe vehicular and pedestrian passage may
be maintained, the Township shall issue a permit to occupy said part of any
public street or sidewalk for the purpose stated in the application. In case
it is desired to mix mortar and place any mortar boxes upon any of the public
streets or highways during the erection and repair of buildings, walls or
other structures, it shall be required that a watertight box be used. A permit
shall identify the dates of the permitted occupancy of the street or sidewalk
and the permit shall not be valid for more than 30 days.
B.
All building materials and other items shall be neatly
maintained. Reflectorized or lighted barricades shall be used. The cartway
shall at all times be left unencumbered between said materials or mortar boxes
and the opposite curb for the passage of vehicles.
C.
The placement of any dumpster shall be in accordance with all requirements of the Commonwealth of Pennsylvania Motor Vehicle Code and Chapter 262, Vehicles and Traffic, of the Code of the Township of West Lampeter. The dimensions of the dumpster shall not exceed eight feet in width by 20 feet in length. The dumpster shall be lighted or reflectorized or lighted barricades shall be used. The dumpster shall not inhibit vehicle sight distance visibility. The applicant shall provide the Township with the name and telephone number of the company furnishing the dumpster. Should it be proven subsequent to the placement of a dumpster in the right-of-way that said dumpster creates a hazard, even though a permit has been issued, the Township Manager or Chief of Police shall have the right to require the permittee to have the dumpster removed within 24 hours.
D.
No building materials, dumpster or other item shall be
placed within 15 feet of any fire hydrant or within 50 feet of a railroad
track.
E.
If any damage or injury to the cartway, curb or sidewalk
shall be caused or done by the use or occupancy of any street or road hereunder,
the party to whom such permit shall have been issued shall be responsible
and liable for the same and shall restore the cartway, curb and/or sidewalk
to its original condition. If the permittee refuse to properly restore the
cartway, curb and/or sidewalk to its original condition, the Township may
do so and collect the cost of the same from the permittee.
F.
The cost of a permit shall be set forth, from time to
time, by resolution of the Township Board of Supervisors.
A.
It is hereby declared a pubic nuisance for any person,
when hauling soil, bedrock, concrete, waste material or other material over
any public street, road, alley or public property, to allow such material
to blow or spill over and upon such street, road, alley, sidewalk or public
property or adjacent private property.
B.
It is hereby declared a public nuisance for any person,
being the owner of real property or operator of any vehicle, to permit a vehicle
entering from upon a public street, road or alley or upon public property
to deposit or track dirt, mud, rock or other material from such property.
C.
In accordance with 53 P.S. § 67326, any person who
obstructs any public road or commits any nuisance thereon by felling trees,
making fences, turning the road, diverting water onto or in any other way
and who does not, on notice given by the Board of Supervisors, immediately
remove the obstruction or nuisance and repair the damages done to the road
commits a summary offense. Nothing in this subsection shall debar a prosecution
for any nuisance as in case of misdemeanor at common law.
Any person violating the provisions of this article shall cause any
deposited material to be removed from the street, road, alley, sidewalk or
public property within six hours from the occurrence. In the event of an immediate
danger to the public health or safety, the material shall be removed immediately.
In the event that deposited material is not so removed, the Township shall
cause such removal and the cost thereof shall be charged to the person responsible.
Any person violating the provisions of this article shall be subject
to the following nonexclusive fines and penalties, one or more of which may
be pursued by the Township concurrently:
A.
Any person who violates or permits a violation of this
article shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a District Justice, pay a fine of not more
than $600, plus all court costs, including reasonable attorney's fees, incurred
by the Township in the enforcement of this article. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
B.
The Township Manager may suspend or revoke any permit
issued by the Township to a person responsible for the violation of this article
if the materials unlawfully deposited are a product of work authorized by
such permit, such suspension or revocation to continue:
(1)
Until the Township has been compensated for any charges
incurred by Township in cleaning up or removing the unlawfully deposited material.
(2)
Until the person responsible has paid or deposited in
escrow any fines or penalties which a District Justice determines to be due
by reason of a violation of this article.
(3)
Until such time as the Township determines that the person
responsible has taken adequate precautions to assure that the unlawful depositing
of materials will not reoccur.
C.
Any person whose permit shall have been revoked by the
Township Manager may, within 30 days of such suspension or revocation, appeal
such decision to Township Board of Supervisors.
