[Adopted 11-1-2010 by Ord. No. 146]
This article shall be known and may be cited as the "Pocono
Township Snow Emergency Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The halting of a vehicle, whether occupied or not, except
momentarily for the purposes of, and while actually engaged in, loading
or unloading property or passengers. As used herein, however, the
term shall not include a police, Fire Department or rescue vehicle,
ambulance or Township vehicle on official Township business.
Includes any natural person, partnership, firm, association,
corporation, limited liability company, or other legal entity.
The entire width between the boundary lines of every way,
street, lane, alley, court, or public square owned or maintained by
Pocono Township which is open to the use of the public for purposes
of vehicular travel. This shall include the public road cartway, shoulder
and right-of-way.
A snowfall of a depth of one inch or more, or any accumulation
of hail, sleet, freezing rain or ice.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a public road.
No person shall park, leave unattended or abandon any vehicle
on any public road within Pocono Township during a snow emergency
and until the snow has stopped falling; the hail, sleet, freezing
rain or ice has stopped accumulating; and the snow and any accumulated
hail, sleet, freezing rain or ice has been completely plowed from
the full width of the cartway. In the event a vehicle is left unattended and the operator who
left the vehicle unattended is no longer at the scene and is unknown,
responsibility for compliance with this article shall belong to the
registered owner of the motor vehicle, or, in the case of a partnership,
firm, association, corporation, limited liability company, or other
legal entity, the natural person to whom the vehicle is assigned or
by whom it is regularly driven.
A.Â
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and, in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. All fines, penalties, costs and
reasonable attorney's fees collected for the violation of this article
shall be paid to Pocono Township for its general use.[1]
B.Â
In addition to, but not in limitation of, the foregoing right to impose, or the imposition of, a penalty or imprisonment pursuant to § 425-6A, any Pocono Township police officer, or the Pocono Township Public Works Director, is hereby authorized to have any vehicle left parked, unattended or abandoned upon any public road in violation of the provisions of this article, towed or otherwise removed and taken to the removal company's place of business, a nearby garage or other place of safety. The registered owner of any such vehicle shall be notified of the fact of the removal and of the place to which said vehicle has been removed, where he or she may obtain the same upon payment of any and all towing, removal and storage charges. Neither Pocono Township, any Pocono Township police officer or the Pocono Township Public Works Director shall be responsible for any damage to any vehicle occurring as a result of towing, removal and/or storage of a vehicle parked, left unattended or abandoned in violation of this article.
