Borough of Penndel, PA Article III Snow and Ice Removal

[Adopted 3-4-2019 by Ord. No. 2019-3[1]]

[1] Editor’s Note: This ordinance also repealed former Art. III, Snow and Ice Removal, adopted 3-18-1954 by Ord. No. 121 (Ch. 104, Art. III, of the 1976 Code), as amended.

§ 350-25 Removal of snow, ice, and hail mandatory.

A. Any person, association, firm, partnership, corporation, or any other entity owning, possessing, or occupying any property along any dedicated or undedicated public street or alleyway within the Borough of Penndel shall be responsible for ensuring the clearance of snow or ice irrespective of whether a contractor is hired to perform the clearance of snow and ice. It shall not be a defense to enforcement under this section that such contractor removed snow or ice in manner that violates this section.

B. It shall be unlawful for any person, association, firm, partnership, corporation, or any other entity owning, possessing, or occupying any property along any dedicated or undedicated public street or alleyway within the Borough of Penndel to fail to remove from the sidewalk abutting said property all snow, ice, hail, or sleet within 12 hours after the same shall have ceased to fall thereon and to keep said sidewalks free and clear of all snow, ice, hail, or sleet thereafter.

C. It shall be unlawful for any person, association, firm, partnership, corporation, or any other entity owning, possessing, or occupying any property along any dedicated or undedicated public street or alleyway within the Borough to violate any provision of this section, and any such person, association, firm, partnership, corporation or any other entity owning, possessing, or occupying any property along any dedicated or undedicated public street of alleyway within the Borough, so violating this section, shall, upon conviction in a summary proceeding before a District Justice, be subject to a fine of not more than $300.

D. Any citation under this section may be issued or any summary proceeding under this section may be instituted by any duly authorized Code Enforcement Officer or police officer of the Borough of Penndel.

E. For the purpose of this section, each day's violation of the provisions hereof shall be deemed to be a separate offense.

§ 350-26 Depositing on street or alley unlawfully.

A. It shall be unlawful for any person, association, firm, partnership, corporation or any other entity owning, possessing or occupying any property along any dedicated or undedicated public street or alleyway within the Borough, in removing said snow, ice, hail or sleet as set forth in § 350-25A hereof, to deposit same on the traveled cartway of any dedicated or undedicated public street or alleyway within the Borough.

B. It shall be unlawful for any person, association, firm, partnership, corporation, or any other entity owning, possessing, or occupying any property along any dedicated or undedicated public street or alleyway within the Borough to violate any provision of this section, and any such person, association, firm, partnership, corporation or any other entity owning, possessing, or occupying any property along any dedicated or undedicated public street or alleyway within the Borough, so violating this section, shall, upon conviction in a summary proceeding before a District Justice, be subject to a fine of not more than $300 and/or imprisonment for up to 10 days.

C. Any citation under this section may be issued or any summary proceeding under this section may be instituted by any duly authorized Code Enforcement Officer or police officer of the Borough of Penndel.

D. It shall not be a defense to enforcement under this section that such contractor removed or deposited snow or ice in a manner that violates this section.

E. For the purpose of this section, each day's violation of the provisions hereof shall be deemed to be a separate offense.

§ 350-27 Fire hydrants to remain visible and accessible.

A. It shall be unlawful for any person, association, firm, partnership, corporation or any other entity owning, possessing or occupying any property along any dedicated or undedicated public street or alleyway within the Borough, in removing said snow, ice, hail or sleet as set forth in § 350-25 hereof, to deposit same in such a manner as to do any of the following:

(1) Obscure visibility of any fire hydrant; or

(2) Obstruct or impede access to any fire hydrant.

B. It shall be unlawful for any person, association, firm, partnership, corporation, or any other entity owning, possessing, or occupying any property along any dedicated or undedicated public street or alleyway within the Borough to violate any provision of this section, and any such person, association, firm, partnership, corporation or any other entity owning, possessing, or occupying any property along any dedicated or undedicated public street or alleyway within the Borough, so violating this section, shall, upon conviction in a summary proceeding before a District Justice, be subject to a fine of not more than $1,000 and/or imprisonment for up to 90 days for each offense. For the purpose of this section, each day's violation of the provisions hereof shall be deemed to be a separate offense.

C. It shall not be a defense to enforcement under this section that such contractor removed or deposited or failed to remove or deposit snow or ice in a manner that violates this section.

D. Any citation under this section may be issued or any summary proceeding under this section may be instituted by any duly authorized Code Enforcement Officer or police officer of the Borough of Penndel.

§ 350-27.1 Snow emergencies.

A. In order to facilitate the movement of traffic and to combat the hazards of snow and ice on the streets and roads of this Borough, the Mayor, in his or her discretion, may declare a snow or ice emergency (hereinafter referred to as a "snow emergency"). Information on the existence of a snow emergency shall be given by the Borough through radio, newspaper, or other appropriate available media, including, but not limited to, social media, and information regarding the termination of the emergency shall be given by the use of the same media.

B. After any snow emergency is declared, it shall be unlawful, at any time during the continuance of the emergency, for any person to park a motor vehicle or to allow that vehicle to remain parked anywhere on any snow emergency route designated in Subsection C, below.

C. The following are designated as snow emergency routes:

Name of Street	Direction of Travel	Location
Bellevue Avenue	All	Entire length through Borough
Centre Street	All	Entire length through Borough
Crescent Street	All	Entire length through Borough
DeHaven Avenue	All	Entire length through Borough
Durham Road	All	Entire length through Borough
Hulmeville Avenue	All	Entire length through Borough
Lincoln Highway	All	Entire length through Borough
Neshaminy Street	All	Entire length through Borough
Woodland Avenue	All	Entire length through Borough

D. Borough police are hereby authorized to have any vehicle parked in violation of this section towed away at the expense of the owner of said vehicle.

E. In order to assist operators of motor vehicles in determining the highways affected by this section, there shall be placed, on signs on the roads and streets designated in Subsection C, above, signs reading as follows:

SNOW EMERGENCY ROUTE

NO PARKING DURING SNOW EMERGENCY

VEHICLES SUBJECT TO TOWING

F. The act of stopping, standing, or parking a vehicle upon a snow emergency route during a declared snow emergency constitutes a safety hazard. Any police officer who finds a vehicle left stopped, standing, or parked upon any snow emergency route, as designated by official signs prohibiting stopping, standing, or parking during a snow emergency, in violation of this section may remove said vehicle or cause said vehicle to be removed to the place of business of the operator of a wrecker or to a nearby garage or other place of safety.

G. Any person who shall violate or fail to comply with the provisions of this section may be issued a parking ticket in the amount of $50 which shall be paid within 15 days of the issuance of the ticket. Upon failure to pay such parking ticket, criminal proceedings shall be instituted within 15 days in accordance with the procedures set forth in the Pennsylvania Rules of Criminal Procedure. Any violation of this section, upon conviction, is punishable by a fine of not more than $1,000, together with costs of prosecution and costs for towing and storing the vehicle.

§ 350-27.2 Parking during snow storm; penalties for violation.

A. Definitions. For the purposes of this section only, the following words shall have the following meanings:

EVEN-NUMBERED SIDE OF THE STREET

That side of a street bearing building numbers or designations which are exactly divisible by two.

ODD-NUMBERED SIDE OF THE STREET

That side of a street containing building numbers or designations which, when divided by two, leave a remainder of one.

PARKING

The standing of a vehicle, except police or fire department vehicles or ambulances, whether occupied or not, upon the street.

SNOW STORM

Any weather condition in which any accumulation of snow or sleet greater than two inches has fallen or in which there has been any accumulation of ice.

STREET

Any public street, avenue, road, boulevard, highway, alley or other public place located in the Borough of Penndel and established for the use of vehicles.

VEHICLE

Any device in, upon or by which any persons or property may be transported or drawn upon a highway or street in the Borough of Penndel, except a device which is operated upon rails or tracks.

B. During any snow storm, parking shall be regulated on all Borough streets as follows:

(1) During the course of any snow storm, parking shall be prohibited on the odd-numbered side of all Borough streets until such time as plowing, salting, and/or cindering is completed on said side of the street.

(2) After plowing, salting, and/or cindering is completed on the odd-numbered side of the street, parking shall be prohibited on the even numbered side of all Borough streets until such time as plowing, salting, and/or cindering is completed on the even-numbered side of the street. In the event that a snow storm ceases overnight and all plowing, salting, and/or cindering on one side of a street is completed overnight, no vehicle shall be required to be moved to the opposite side of the street until 8:00 a.m.

(3) The act of stopping, standing, or parking a vehicle upon any street during a snow storm constitutes a safety hazard. Any police officer who finds a vehicle left stopped, standing, or parked upon any street in violation of this section may remove said vehicle or cause said vehicle to be removed to the place of business of the operator of a wrecker or to a nearby garage or other place of safety.

(4) Any person who shall violate or fail to comply with the provisions of this section may be issued a parking ticket in the amount of $25 which shall be paid within 15 days of the issuance of the ticket. Upon failure to pay such parking ticket, criminal proceedings shall be instituted within 15 days in accordance with the procedures set forth in the Pennsylvania Rules of Criminal Procedure. Any violation of this section, upon conviction, is punishable by a fine of not more than $300, together with costs of prosecution and costs for towing and storing the vehicle.