[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.
