[Adopted 2-6-1967 by Ord. No. 366 (Ch. 84, Art. III, of the 1972 Code)]
This article shall be known and may be cited as the "Borough of Souderton Snow and Ice Clearing Ordinance of 1967."
The following definitions shall apply in the interpretation and enforcement of this article:
The elected officials of the Borough of Souderton, or any authorized representatives, agency or agencies of the Borough appointed by the Council of the Borough.
The real or equitable owners of property abutting sidewalks or streets, as in this article defined.
Any person or persons, male or female, corporation, partnership, association, company, individual, owner, occupant, lessee, tenant or any organization.
A paved path or footwalk for public use located between the cartway or curbline and right-of-way line of any publicly or municipally maintained street or highway.
Any highway within the Borough of Souderton, when maintained by either the Commonwealth of Pennsylvania, the County of Montgomery or the Borough of Souderton.
The occupant, lessee, tenant or person having charge of any building, lot or parcel of ground abutting the sidewalk or street, as in this article defined.
A.
Every person, partnership, corporation or syndicate in charge or control of any building or lot of land within the Borough fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee or otherwise, shall remove and clear away, or cause to be removed and cleared away, snow and ice from a path of at least 30 inches in width from so much of said sidewalk as is in front of or abuts on said building or lot of land.
B.
Snow and ice shall be so removed from the sidewalk within the Borough within 24 hours after the cessation of any fall of snow, sleet or freezing rain.
C.
If the snow and ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to sidewalk, the person or entity charged with its removal shall, within the time mentioned in Subsection B hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe, and shall then, as soon thereafter as weather permits, cause a path in said sidewalk of at least 30 inches in width to be thoroughly cleaned.
D.
The sidewalk area within 30 inches of all fire hydrants shall be cleared of snow and ice.
Snow or ice removed from sidewalk area shall be placed on the person's property, provided that if there shall be an excessive amount of snow or ice and there is no longer any place on the person's property to shovel the snow, then it may be placed along the curbline, but not in the street.
It shall be unlawful to park or allow to be parked any motor vehicle or other vehicle on any street or on any municipal parking lot within the Borough where any temporary no-parking sign has been erected for snow removal purposes.
In addition to the penalties hereinafter provided, the Borough shall be authorized to remove or cause the removal of any vehicle parked in violation of this article, provided that no vehicle shall be removed or impounded except in strict adherence to the following provision:
A.
Approved storage garage. The following is hereby designated as an approved storage garage, as a pound for the storage of such impounded vehicles: Cope’s Garage, 102 N. County Line Road, Souderton, Pennsylvania.[1]
B.
Garage to post bond. Every such approved storage garage shall post a bond in the amount of $5,000, to be filed with the Borough Secretary, for the indemnifying of the owner of any such impounded vehicle against the loss thereof or injury or damage thereto while in the custody of said poundkeeper.
D.
Chief of Police to notify owners of impounded vehicles. Within 12 hours from the time of removal of any vehicle under authority granted by this section, notice of the fact that such vehicle has been impounded shall be sent by the Chief of Police of the Borough to the owner of record of such vehicle. Such notice shall designate the place from which the vehicle was removed, the reason for its removal and impounding and the pound in which it shall have been impounded.
E.
Effect of payment of towing and impounding charges without protest. The payment of any towing and impounding charges authorized by this article shall, unless such payment shall have been made "under protest," be final and conclusive, and shall constitute a waiver of any right to recover the money so paid.
F.
Effective payment of charges under protest. In the event that any towing and impounding charges so imposed shall be paid "under protest," the offender shall be entitled to a hearing before a Magistrate or court of record having jurisdiction, in which case such defendant shall be proceeded against and shall receive such notice as provided by Vehicle Code in other cases of summary offenses, and shall have the same right as to appeal and waiver of hearing.
[Amended 8-7-1972 by Ord. No. 408]
Any person who shall violate any provisions of this article or shall fail to comply with the conditions or requirements in accordance with the provisions of this article shall, upon conviction thereof, be liable to pay a fine of not more than $25 for each offense. A new and separate offense shall be deemed to have been committed for each day said violation exists. All fines imposed by this article are recoverable by summary proceedings before any Magisterial District Judge, and, upon recovery thereof, all such fines shall be paid into the treasury of the Borough.
