Township of Millcreek, PA
Erie County
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Table of Contents
Table of Contents
[Adopted 2-10-1964 by Ord. No. 64-1; amended in its entirety 3-2-1999 by Ord. No. 99-7]

§ 40-17 Title.

This article shall be known as the "Weather Events Regulations Ordinance."

§ 40-18 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CARTWAY
As defined in the Public and Private Improvements Code, § 29-25, shall mean that portion of a street which shall be improved by surfacing with permanent or semi-permanent material, intended for vehicular traffic.[1]
WEATHER EVENT
For purposes of this article, shall mean and include snow, sleet, freezing rain, ice and any other weather event which results or reasonably can be expected to result in accumulation upon a street or highway of snow or ice. The term shall extend during the period of the event and thereafter until such time as the streets can be fully cleared.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 40-19 Declaration of prohibited acts as public nuisances.

Any matters referred to in this article as being unlawful are hereby declared to be public nuisances and removable as such. If the cost of such removal is not promptly paid, Millcreek Township shall be authorized to file a municipal lien against the subject property or otherwise collect sums due as authorized by law.

§ 40-20 Enforcement.

This article shall be enforced in accordance with the provisions of Chapter 48, Enforcement and Collection Activities, of the Code of the Township of Millcreek (Ordinances Nos. 96-8 and 96-9). In the event the Township is obligated to institute a civil complaint for enforcement, all attorneys' fees incurred by Millcreek Township with respect to such enforcement action shall be the responsibility of the violator, in accordance with Chapter 48, Article II, Attorneys' Fees.

§ 40-21 Parking prohibited during weather events.

It shall be unlawful and a violation of this article for any person to park or leave standing along the paved cartway of any public street or state highway maintained by the Township within the confines of Millcreek Township any vehicle during any snow, ice or other weather event requiring the performance by Millcreek Township of plowing, salting or other removal services to clear said streets and highways.

§ 40-22 Notice and removal of parked vehicles.

[Amended 10-25-2016 by Ord. No. 2016-12]
A. 
In the event any vehicle is found to be parked or standing on or upon the cartway of a Township street or state highway maintained by the Township during a weather event, a notice shall be placed on or upon the windshield of such vehicle. Such notice shall set forth the date and time of the notice and advise that such vehicle is in violation of this article and will be towed at the owner's cost if not removed from the cartway of the street within eight hours after the time of the notice. The Millcreek Township Police Department or other authorized employee or official affixing such notice shall maintain a written record of the date and time of the notice, the street and the make, model and registration number of the vehicle.
B. 
If any vehicle upon which such notice is placed or affixed is not removed from the cartway of said street within eight hours after such notice is given, the vehicle shall be towed at the owner's expense in accordance with the Township's ordinances, regulations and agreements governing emergency towing of vehicles.
C. 
If any vehicle has been the subject of a prior notice of violation during any single plowing season and is thereafter found parked or standing on or upon the cartway of any street or highway, such vehicle shall be towed immediately at the owner's cost without any further notification being required or given.

§ 40-23 No notice required if state of emergency declared.

In the event a state of emergency due to serious snow, ice or similar events should be declared by Millcreek Township and communicated to the public through the news media, notice requirements of this article shall not in such case apply, such that any vehicle found parked or standing on or upon the cartway of a public street or highway shall be towed at the owner's expense without any prior notice.

§ 40-24 Administration and enforcement.

The Roadmasters and Streets Department are authorized and directed to administer the regulations of this article with respect to the identification of vehicles and the placement of notices and maintenance of records of notices given. The Police Department is authorized and directed to assist administration through provision of ownership records information as required. The Police Department shall enforce this article, with respect to the towing of vehicles and the issuance of citations for violation. The Police Department shall maintain records identifying the sites at which vehicles towed under this article shall be located. Procedures for towing of vehicles and payment of costs thereof by the vehicles' owners shall be in accordance with the Township's ordinances, regulations and agreements governing emergency towing of vehicles.

§ 40-25 Violations and penalties.

[Amended 8-28-2007 by Ord. No. 2007-6]
A. 
Any person who shall cause or allow a vehicle to be parked or standing on or upon the cartway of a Township street or state highway maintained by the Township during a weather event in violation of this article more than two times in any single plowing season shall violate this article and be liable for expenses of towing under this article. The fine set forth below for each such offense is prescribed and shall be imposed, in addition to all costs and attorneys' fees incurred by the Township in accordance with Chapter 48, Enforcement and Collection Activities, of the Code of the Township of Millcreek. It is the express intention of this article that the amount of fines prescribed shall increase for each subsequent violation.
[Amended 10-25-2016 by Ord. No. 2016-12]
Number of Violations
Fine
2
$200
3
$300
4
$400
5 or more
$500
B. 
Any person who shall cause or allow a vehicle to be parked or standing on or upon the cartway of a Township street or state highway maintained by the Township after declaration of a weather emergency shall violate this article and shall be liable for expenses of towing under this article. A fine of $500 is prescribed and shall be imposed, in addition to all costs and attorneys' fees incurred by the Township in accordance with Chapter 48, Enforcement and Collection Activities, of the Code of the Township of Millcreek.

§ 40-26 Township not liable for damage to unlawfully parked or standing vehicles.

Millcreek Township shall not be liable for any damage or loss to any vehicle unlawfully parked or standing on or upon the cartway of a Township street or state highway maintained by the Township in violation of this article, whether such damage results from snow or ice removal services, the giving of notices required by this article, towing or otherwise. Any person allowing a vehicle to be parked or left standing on or upon the cartway of a street or highway in violation of this article does so at his or her sole risk of harm.

§ 40-27 Accumulation or deposit of snow on public streets prohibited.

It shall be unlawful for any person to accumulate or deposit snow or ice removed from any private property or from lands outside a street's cartway on or upon the cartway or right-of-way of a Township street.

§ 40-28 Accumulation or deposit of snow so as to obscure or obstruct access to hydrants prohibited.

It shall be unlawful for any person to accumulate or deposit snow or ice removed from any property or from lands outside a street's cartway so as to do either or both of the following:
A. 
Obscure visibility of a fire hydrant; or
B. 
Obstruct or impede access to any fire hydrant.

§ 40-29 Notice to remove accumulation.

[Amended 10-25-2016 by Ord. No. 2016-12]
Any person who shall remove or cause or allow to be removed snow and/or ice from any private driveway, private property or other lands outside the cartway of a public street so as to create what is deemed by the Township Streets Department or the Millcreek Township Police to be an obstruction of the street, fire hydrant or any facility within it shall immediately remove such obstruction upon receipt of notice from the Township to do so.

§ 40-30 Violations and penalties.

[Amended 8-28-2007 by Ord. No. 2007-6]
A. 
Any person violating this article by accumulating or depositing snow or ice removed from a private property or lands outside the cartway of a public street onto the cartway of a Township street or so as to obscure the visibility of or obstruct access to a fire hydrant shall be subject to a civil fine of $150.
B. 
Any person violating this article by failing or refusing to remove an obstruction immediately after receipt of the Township's notice to do so shall be subject to a civil fine of $250.

§ 40-31 Administration.

The Millcreek Township Police Department, Streets Department and Code Administrator are authorized to administer this article and to give such notices as are required herein. The Code Administrator shall be responsible for the issuance of administrative enforcement notices and for institution of civil actions as required.