[Adopted 9-19-1978 by Ord. No. 78-22 (Ch. 21, Part 2, of the 1992 Code)]
As used in this article, the following terms shall have the meanings indicated:
FOOTPATH
A footpath is that portion of any parcel of real estate outside of the cartway but within the right-of-way or future right-of-way which is not paved and is customarily used by pedestrians in the regular course of travel over the parcel.
PARTY IN CONTROL
The party in control of a parcel of real estate shall be the tenant or occupant of said real estate; or in case the real estate is unoccupied, the party in control shall be the owner of said real estate.
SIDEWALK
A sidewalk is the hard or paved portion of any parcel of real estate which is customarily used by pedestrians in the regular course of travel over the parcel.
Within 24 hours after each fall of snow or sleet, or within 24 hours after ice has formed on any sidewalk, footpath and/or drainage facility situate in the Township of Middletown, Bucks County, Pennsylvania, it shall be the duty of the party in control of the real estate on which such sidewalk, footpath and/or drainage facility is located to clear and remove all such ice, snow or sleet from the aforesaid sidewalk, footpath and/or drainage facility in front of and around the aforesaid real estate and to keep said area clear.
The party in control shall clear said sidewalk or footpath to a minimum width of 36 inches regardless of the width of the sidewalk or footpath. In clearing a sidewalk, all ice, snow and sleet shall be removed to the surface of the sidewalk. In clearing a footpath, it is sufficient if all ice, snow and sleet is removed so as to cause the path to be no more than two inches from the ground surface.
[Amended 12-1-1992 by Ord. No. 92-13; 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
In the event that any such person or persons shall not remove such ice, snow and sleet from the aforesaid sidewalks, footpaths and/or gutters, every day that the same shall remain on such sidewalks and/or gutters shall constitute a separate offense, punishable by like fine or penalty, and such occasion on which such ice, snow or sleet is deposited in the street shall constitute a separate offense punishable by like fine or penalty.
Any person violating any of the provisions of this article after issuance of a notice of violation by the Board of Supervisors or its authorized agent setting forth the amount of the fine as hereinbefore provided may, within five days, at his election, plead guilty to the violation by signing such notice and paying said fine without costs of prosecution at the Township office in lieu of a hearing before the Magisterial District Judge.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
In any case where the owner, occupant or person having possession of or the control over any such lot or parcel of real estate shall be unknown or shall not reside within the limits of the Township of Middletown aforesaid, it shall be the duty of the Chief of Police to notify the Secretary of the Board of Supervisors of the location of such lot or lots, and thereupon the said Board of Supervisors shall cause the ice, snow or sleet to be removed from the sidewalks and/or gutters of such lot or parcel of real estate without delay, and the cost thereof shall be referred to the Township Solicitor, who shall enter a municipal lien against such real estate in such manner and at such time as municipal liens are, in such cases, made and filed, and such municipal lien, when so filed, shall be a valid lien upon such real estate.
Whenever the requirements of this article are in conflict with other requirements of the ordinances of the Township, the most restrictive or those imposing the higher standards shall govern.