[Adopted 2-5-1979 by Ord. No. 1979-1]
This article shall be known and cited as the "Derry Township
Snow Removal Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The real or equitable owners of real property abutting sidewalks
or streets, as defined in this article, and the term shall include
natural persons, corporations, partnerships, associations, and any
other legal entity.
A paved path or footwalk alongside of any street or highway
in the Township of Derry, Mifflin County, Pennsylvania, and shall
also mean any unpaved path or footwalk alongside of any street or
highway in the Township of Derry, Mifflin County, Pennsylvania, if
such path or footwalk is used as a walkway by the general public.
Any roadway for vehicular traffic which is maintained by
the Township of Derry or the Commonwealth of Pennsylvania.
Tenant shall mean the occupant, lessee or person having charge
of any building or lot of ground abutting a sidewalk or street, as
defined in this article.
It shall be the duty of every property owner and every tenant,
not later than 24 hours after snow or sleet has ceased to fall, to
clear or cause to be cleared a pathway in the sidewalk in front of
their respective properties, to the extent that their property abuts
upon the sidewalk. Such pathway shall not be less than 30 inches in
width and shall be thoroughly cleared to that extent of snow and ice
or other obstruction. If snow, ice or slush is so hardened or frozen
upon the sidewalk that it cannot be removed without injury to the
sidewalk, then the property owner or tenant is required to place salt,
sand, or other abrasive material upon the snow, ice or slush within
the time period provided above.
No property owner or tenant shall place snow, ice or slush from
their property or his or her sidewalk onto any street; instead, the
snow, ice or slush shall be placed upon the property of the property
owner or tenant. If there is an excessive amount of snow, ice or slush
and there is no longer any place on the property owner's or tenant's
property to place the snow, ice or slush, then it may be placed along
the curbline, but not in the street.
The property owner of a property shall be responsible for conforming
to the requirements of this article in situations in which the property
is occupied by such property owner or is unoccupied or vacant, or
is a multi-business, multi-dwelling or multi-apartment property occupied
by more than one tenant or occupant; the tenant of a property shall
be responsible for conforming to the requirements of this article
in situations in which such property is occupied by the tenant only.
It shall be unlawful for any person to park or cause to be parked
any vehicle on First Street in Yeagertown (also known as "Title Hill")
or on the alley running from Fifth Street to Sixth Street between
Maple Avenue and Summit Drive, following the accumulation of snow
or ice to the depth of three inches or greater, until those two streets
have been plowed and cindered.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
In case of the violation of any of the provisions of this article,
the Township may, in addition to any other remedies, have the right,
upon three days' written notice to the appropriate person, to
abate or cause to be abated the cause of the violation of this article,
and to collect the cost of such abatement from the person responsible.
In addition to any other remedies, the Township shall have the
right to institute an appropriate action in equity to enjoin the continuance
of any violation of this article.
