[Adopted 2-8-2010[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
V, Snow and Ice Removal From Sidewalks, adopted 3-16-2009.
This article shall be known and may be cited as the "Township
of Mahoning Snow Removal Ordinance of 2010."
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 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 defined in this article.
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 municipally
maintained street or highway.
Any highway within the Township of Mahoning that is maintained
by either the Commonwealth of Pennsylvania, the County of Montour
or the Township of Mahoning.
Includes the occupant, lessee, tenant or person having charge
of any building, lot or parcel of ground abutting the sidewalk or
street, as defined in this article.
The elected officials of the Township of Mahoning 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 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 the extent of snow and ice or other obstruction.
A.
It shall be unlawful for owners, occupants or tenants, or agents
thereof, of property to dump, throw, shovel, pile or push any snow
or ice removed from driveways or walkways into or across any public
highway or street.
B.
Snow or ice removed from sidewalk areas shall be placed on the person's
property.
C.
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.
D.
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 suitable abrasive material and shall, as soon thereafter
as the weather shall permit, thoroughly clean such sidewalks.
E.
No snow, ice, slush, or a combination thereof shall be pushed or
deposited into any drainage area, stream, river, culvert or catch
basin.
F.
No snow, ice, slush, or a combination thereof shall be deposited,
pushed or maintained within a commercial, manufacturing, light industrial
or multiple-family zoning district parking facility or at or near
an intersection in any zoning district in a manner or at a location
which creates a traffic hazard by impairing visibility from or of
a public highway.
G.
No person shall damage any Township property, including but not limited
to traffic signs, culverts, etc., while removing snow, ice, slush,
or a combination thereof. Any damage to Township property shall be
repaired or replaced in accordance with the requirements of the Township
at the expense of the property owner and/or snow removal agency.
A.
Fire hydrants shall not be covered. The owner is hereby required
to remove or cause to be removed all snow, ice, slush, or any combination
thereof or any accumulation and/or impediment which would limit access
to, from, and/or around all of the fire hydrants which are located
on said property, so as to provide immediate access by fire rescue
personnel in cases of emergency. In cases involving a storm, fire
hydrants shall be cleared of all snow, ice, slush, or any combination
thereof within 24 hours following the storm. In any event, any accumulation
shall be removed not less than once in every twenty-four-hour period.
B.
In all other cases involving the accumulation of natural and/or man-made
items around fire hydrants, the owner is responsible for the immediate
removal of said items. In either case, fire hydrants shall be cleared
sufficiently so emergency personnel have total access to hydrants.
This is necessary to allow for fire hose connections to be made to
access water in the event of a fire. The owner of a property shall
be responsible for conforming to the requirements of this section
where such property is occupied by said owner or is unoccupied or
vacant.
C.
In cases where the owner, occupant, or tenant as aforesaid shall fail, neglect, or refuse to comply with any of the provisions of this section of this article or within the time period required herein, the Township of Mahoning, Montour County, Pennsylvania, may, in its discretion, proceed immediately to clear the snow, ice, slush, or any combination thereof or accumulation and/or impediment which would limit access to, from, and/or around fire hydrants and to collect the expenses, with any additional amount allowed by law, from fine or penalty imposed under § 207-36 of this article. In no case is the Township of Mahoning liable if it does not exercise the Township option for removal of snow, ice, slush, any combination thereof or accumulation and/or impediment which would limit access to, from, and/or around fire hydrants.
Any person who shall violate any of the provisions of this article
or who shall fail to comply with the conditions or requirements in
accordance with the provisions of this article shall, upon conviction
thereof, be liable to pay a fine of $100 for the first and second
offenses; $150 for the third and fourth offenses; $200 for the fifth
and sixth offenses and $250 for any subsequent offense. A new and
separate offense shall be deemed to have been committed for each day
that said violation exists. All fines imposed by this article are
recoverable by summary proceedings before any District Justice, and
upon recovery thereof, all such fines shall be paid into the Treasury
of the Township.
In addition to the penalties herein provided, the Township shall be authorized to remove, or cause the removal of, any vehicle parked in violation of § 207-24 herein and to store said vehicle in a public garage or other place of safety selected by the Township. Said registered owner of said vehicles, if known together with the address, shall be notified in writing of the fact of said removal and the place of deposit of said vehicle. Said vehicle may be reclaimed and surrendered upon payment of towing and storing charges.
