[Adopted 10-24-2011 by Ord. No. 2011-17]
This article shall be known and may be cited as the "Manheim
Township Snow Removal Ordinance."
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context or language clearly indicates or requires a different
meaning. The word "shall" is always mandatory.
The portion of a street or highway improved, designed or
ordinarily used for vehicular travel, exclusive of the berm or shoulder.
The person(s) holding legal title to real estate.
A natural person, trust, partnership, corporation, limited-liability
company, association or any other legal entity.
The concrete, paved or other improved pedestrian path intended
for public use, located adjacent to or within a street, as defined
below.
Any public right-of-way intended primarily for vehicular
use, the cartway of which is maintained by the Commonwealth of Pennsylvania,
the County of Lancaster, or the Township of Manheim. "Street" shall
include the cartway, shoulder, berm, curb and sidewalk (if located
within the right-of-way).
The elected or appointed officials of the Township of Manheim,
or any authorized representatives, or agencies of the Township appointed
by the Commissioners of the Township.
A.Â
The owner of any real property fronting or abutting on a sidewalk
shall remove and clear away or cause to be removed or cleared away
snow and/or ice from a path of at least 36 inches in width from those
portions of the sidewalk which front or abut on the owner's property.
C.Â
Except as provided in Subsection D below, the owner shall remove and clear away, as required by Subsection A above, snow and/or ice that may come to rest upon the sidewalks fronting or abutting the owner's property as a result of drifting, melting and refreezing, street-clearing activities or other method on a daily basis.
D.Â
In the event snow and/or ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the owner shall, within the time mentioned in Subsection B or C (as applicable) hereof, cause enough salt, sand, or other suitable abrasive material to be put on the sidewalk to make travel reasonably safe for pedestrians and shall, as soon thereafter as weather permits, cause to be cleared a path in said sidewalk of at least 36 inches in width and to clean such sidewalks of slush or unneeded abrasives.
E.Â
Snow, slush, ice, and/or abrasives removed from sidewalks shall be
placed or stored on the owner's property and in no case be placed
or stored on the street side of the sidewalk.
F.Â
Nothing in this article shall be construed to prevent an owner, by
lease or otherwise, from delegating the obligations imposed by this
article to a tenant or occupant, but such delegation shall not relieve
the owner of the owner's obligations, duties and liabilities
under this article.
No person shall deposit or cause to be deposited any snow or
ice on or immediately next to a fire hydrant or within any street
(including any sidewalk, curb, cartway, shoulder or berm) or loading
and unloading area of a public transportation system. Notwithstanding
the foregoing, the Township of Manheim, County of Lancaster and Commonwealth
of Pennsylvania, may deposit or mound snow, ice and abrasive material
on or within streets (including any sidewalk, curb, cartway, shoulder
or berm) incident to the clearing of streets or sidewalks.
A.Â
Any person convicted of violating the provisions of this article,
upon conviction thereof in summary proceedings, shall be subject to
the following penalties:
B.Â
In the event that the property owner refuses or fails to comply with the provisions of § 435-20, the Township may cause the violation to be corrected, keeping an account of the expenses. All such costs and expenses shall be charged to and paid by the owner. All costs and expenses incurred by the Township in the correction of violations may be a lien upon the responsible owner's property, and whenever a bill therefor remains unpaid for a period of 60 days after it has been rendered, the Township may request that the Township Solicitor file a municipal claim for such costs and expenses, together with a penalty often 10% thereon, in the manner provided by law for collection of municipal claims. Alternatively, the Township may request that the Township Solicitor file an action in assumpsit for collection of the amount due, including attorneys' fees and costs, without filing a municipal claim.