No persons shall hereafter plow, cultivate, harrow or in any way disturb the surface of land within the cartway or within five feet of the cartway of a township road.
[Adopted 5-13-1996 by Ord. No. 114]
No persons shall deposit fieldstone, rocks, trash or debris of any kind within the cartway or within five feet of the cartway of any township road.
Any person who deposits or allows to be deposited any mud, dirt, silt or manure or any other debris within the cartway or within five feet of the cartway of any township road, whether accidentally or otherwise, shall immediately remove the same.
No person shall drain or permit the drainage or discharge of swimming pools, sump pumps, downspouts or any other facility in a manner in which drains or discharges liquid or other substances onto the cartway of any township or state road that in any manner causes unsafe conditions for motorists or pedestrians.
Persons who install shrubbery, fences, flowers, hedges or similar improvements within the public right-of-way do so at the sufferance of the township. Persons shall immediately remove such items from the public right-of-way when requested to do so by the township. The township shall not be liable for any damages to improvements installed within its right-of-way when plowing snow, maintaining cartways or other facilities within the right-of-way or performing other public functions.
A.
No person shall place or authorize or allow the placement of building or other materials, a dumpster or other trash receptacle or any other items within or otherwise occupy any portion of any Township or state road, including but not limited to the sidewalk, without obtaining a permit therefor from the Township and complying with the other requirements herein specified.
B.
Before any work is begun or occupancy commence, the applicant shall submit a written application with the Township Manager or his/her designee, setting forth the purpose for which said street or sidewalk is to be occupied, the location of the proposed work or occupancy and the expected duration of the occupancy. The applicant shall agree to assume all liabilities for all or any damages to person or property accruing to the public or to said Township which may or might result from the occupying of said street or sidewalk. No application shall be complete without payment of the fee established by the Board of Supervisors.
C.
No permit for temporarily occupying a portion of a Township or state road, including but not limited to the sidewalk, shall be issued except with the approval of and upon such terms and conditions as may be required by the Township Manager or his/her designee. No permit shall authorize the occupying of more than 1/3 of the width of the roadway between curbs, nor shall the occupied area exceed in the extent the dimensions of the frontage of the premises about to be built upon or repaired, except that when no objection is made by the adjoining property owners and the space is not to be used for storage of materials other than that to be used in construction, the permittee shall be permitted to occupy an additional 30 feet on each side of the building frontage for which the permit is granted. The applicant shall demonstrate that the adjoining property owners have no objection if the applicant requests permission to occupy frontage of an adjoining property. The permit shall be operative for no more than seven days form the date of issue.
D.
The permittee shall maintain at all times a clear and unobstructed passage along the sidewalk, at least six feet in width, and a free passage for water in the gutter. No building or other materials or other obstruction shall, at any time, be placed within 25 feet of any fire hydrant. All the materials or other obstructions occupying the Township or state road shall be removed prior to the expiration of the time for which the permit was issued or for which it was renewed.
E.
All materials placed or obstructions created under such permit shall be properly marked by reflective traffic cones of at least 28 inches in height or reflective barricades of at least 36 inches in height so placed as to indicate from the roadway in both directions the exact location and limits of said work or obstruction. At all times such work or obstruction shall be properly guarded.
[Added 12-22-2003 by Ord. No. 172; amended 6-14-2004 by Ord. No. 176]
No person shall store any material or any nonmotorized vehicle, whether licensed or unlicensed, or any combination vehicle, whether licensed or unlicensed, within the right-of-way of any Township or state road. For the purposes of this section, storage shall be considered the placement of materials or a nonmotorized vehicle (whether licensed or unlicensed) or a combination vehicle (whether licensed or unlicensed) in a location within the public right-of-way for a period in excess of 24 consecutive hours unless such placement has been authorized by issuance of a permit for temporary occupancy pursuant to § 152-31.
Added 12-22-2003 by Ord. No. 172; amended 6-14-2004 by Ord. No. 176]
The following words and phrases shall have the meaning set forth below when used in this article:
The paved surface of a road, including paved shoulders.
The person or persons appointed by the Board of Supervisors to administer and enforce this chapter.
[Added 12-9-2019 by Ord. No. 249]
A self-propelled vehicle to which a nonmotorized vehicle is attached.
Any vehicle which is not self-propelled.
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.
Any street or highway dedicated to or under control of the Township or the Pennsylvania Department of Transportation. Unless otherwise provided in this article, a road shall include the entire public right-of-way, including any curbs and sidewalks.
The Township of West Earl, Lancaster County, Pennsylvania.
The appointed Manager of the Township or such other Township employee or official designated by the Manager to accept applications and issue permits under this article.
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
[Amended 4-28-1997 by Ord. No. 129]
For each violation of the provisions of this article, the owner, lessee or any other person who commits, takes part in or assists in any such violation shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $100 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. In default of payment of such fine, such person shall be liable to imprisonment for a period not exceeding 30 days.
[Added 12-9-2019 by Ord. No. 249]
A.
This chapter may be enforced by the Code Enforcement Officer or by any sworn officer of the Police Department.
B.
In addition to other enforcement mechanisms available to the Township under this chapter, the Code Enforcement Officer is authorized to issue quick tickets for violations of this chapter. The penalty for the violation shall be payable within 15 days of the issuance of the quick ticket, and repeat offenders may be subject to additional penalties. If a recipient fails to pay a quick ticket within 15 days, the Code Enforcement Officer may institute summary criminal proceedings in accordance with this chapter. The Board of Supervisors shall approve quick ticket forms and penalty amounts by resolution.