[Ord. 50, 4/24/1972, § 1; as amended by Ord. 728,
4/19/1999, § 2]
No person shall drop or deposit or permit to be dropped or deposited
any earth, stones, mud, rubbish, snow, ice or other material on the
roadway of the public streets or roads in the Township of Ferguson.
[Ord. 50, 4/24/1972, § 2; as amended by Ord. 728,
4/19/1999, § 2]
The operator of any vehicle from which vehicle any such mud,
earth, stone, snow, ice or other material falls or is dropped shall
be deemed to have dropped or deposited the same within the meaning
of this Part, and it shall therefore be the duty of any such operator
to avoid such dropping or depositing, regardless of whether done intentionally
or unintentionally.
[Ord. 50, 4/24/1972, § 3]
In the event of the dropping or depositing of such prohibited
materials occurring from any vehicle, the registered owner of such
vehicle shall be presumed to be the driver, in the event that the
actual driver cannot be determined, and shall be responsible for any
violations as provided in this Part.
[Ord. 50, 4/24/1972, § 4; as amended by Ord. 91,
4/13/1976, § 1]
However, should any such registered owner be charged with an
offense under this section, and if he shall not be the operator of
such vehicle, such registered owner may appear before any District
Justice that he was not the operator, and who the actual operator
was at the time and place of such offense. If such owner shall also
appear and testify at any hearing against any person so identified
by such registered owner, and if there is not further proof that such
registered owner was the driver of said vehicle, such registered owner
shall be relieved of responsibility under the provisions of this Part.
[Ord. 50, 4/24/1972, § 5; as amended by Ord. 728,
4/19/1999, § 2]
If any such earth, stone, snow, ice or other material is inadvertently
or accidentally dropped or deposited, the said person so dropping
or depositing the same may remove such prohibited material within
four hours of the time of such dropping or depositing; and in such
event, shall not be guilty of an offense under this Part.
[Ord. 50, 4/24/1972, § 6; as amended by Ord. 91,
4/13/1976, § 2; and by as amended by Ord. 728, 4/19/1999,
§ 2]
If any person, partnership, firm, association or corporation should violate the provisions of §
21-305 of this Part, the Township of Ferguson shall have the right to remove such earth, stone, mud, snow, ice or other material from the streets of the Township of Ferguson, and to collect the cost of such removal, plus 10% from the violator in default.
[Ord. 50, 4/24/1972, § 7; as amended by Ord. 91,
4/13/1976, § 3; and by Ord. 374, 1/10/1989; and by Ord.
820, 12/8/2003]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof in a proceeding commenced
before a district justice in accordance with the Pennsylvania Rules
of Criminal Procedure, be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days.