[Ord. No. 2021-02, 10/12/2022[1]]
1.
Traffic hazards have been caused by the spilling, scattering or depositing
of manure, mud, stones, and other debris on roads within Penn Township.
In order to alleviate the clear and present danger to public health
and safety caused by the depositing on the streets of such manure,
mud, stones, or other debris, the Township has been forced to incur
expenses to clear Township roads of this debris. In addition, the
volunteer fire companies within the Township have assisted the Township
in the removal of such matter from Township streets. The Board of
Supervisors desires to prohibit such conduct in the future in order
that the potential hazards to travelers within the Township may be
lessened.
2.
It is the further intent of the Board of Supervisors to prevent placement
of materials or sports equipment within the public street rights-of-way
to protect the safety of children and others playing within the rights-of-way
of public streets. Drivers of vehicles may not notice children running
onto the cartway of the street or playing sports within the cartway.
The Board of Supervisors desires by this Part to provide for the safety
of children within the Township.
[1]
Editor's Note: This ordinance superseded former Part
2, Disturbance of Land Within Rights-of-Way, adopted by Ord. No. 1990-2,
4/9/1990, as amended.
[Ord. No. 2021-02, 10/12/2022]
1.
BOARD OF SUPERVISORS
CODE ENFORCEMENT OFFICER
MANAGER
PERSON
POLICE OFFICER
STREET
TOWNSHIP
As used in this Part, the following terms shall have the meanings
indicated:
The governing body of the Township.
The person designated by the Board of Supervisors to enforce
this Part.
The Township Manager or his/her designee.
Includes any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate or
any other legal entity whatsoever which is recognized by the law as
the subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or fine, the term "person" shall include the
members of an association, partnership or firm and the officers of
any public or private corporation for profit or not for profit.
Any sworn officer of the Northern Lancaster County Regional
Police Department or any successor agency providing police protection
services within the Township.
A strip of land, including the entire right-of-way, located
in the Township and being publicly owned, serving primarily as a means
of vehicular and pedestrian travel and furnishing access to abutting
properties, which may also be used to produce space for sewers, public
utilities, shade trees and sidewalks.
The Township of Penn, Lancaster County, Pennsylvania.
[Ord. No. 2021-02, 10/12/2022]
No person shall hereafter plow, cultivate, harrow, or in any
way disturb the surface of land within the rights-of-way of any Township
street.
[Ord. No. 2021-02, 10/12/2022]
No person shall operate any vehicle transporting soil, sand,
stone, dirt, manure, debris, refuse, litter or other substance of
any kind, including liquids and chemicals, over streets within the
Township in such a manner so as to permit the scattering, spilling,
depositing, discharging, dropping or blowing of such materials from
the vehicle or from the wheels, tires or undercarriage thereof. In
the event any person does so, that person shall be responsible for
the prompt removal of the same from the street in addition to any
penalties hereinafter prescribed.
[Ord. No. 2021-02, 10/12/2022]
1.
No person shall deposit soil, sand, stone, bricks, spikes, logs,
used building materials, dirt, manure, debris, refuse, litter or other
substance of any kind, including liquids and chemicals, upon any street
within the Township. No person shall deposit soil, sand, stone, bricks,
spikes, logs, used building materials, dirt, manure, debris, refuse,
litter or other substance of any kind, including liquids and chemicals,
on lands abutting any street within the Township in such a manner
that such substance flows, runs, blows or scatters upon any street
within the Township. In the event any person does so, that person
shall be responsible for the prompt removal of the same from the street
in addition to any penalties hereinafter prescribed.
2.
No person shall permit, maintain, establish or deposit, either directly
or indirectly, upon any street in the Township, any type or form of
water or other liquid, whether natural or artificial, by pipe or any
other channel, including but not limited to discharges from sinks,
tubs, pools, toilets, kitchens, laundries, cesspools, drainpipes,
spouts, drainage swales or any other similar source. In the event
any person does so, that person shall be responsible for the prompt
removal of the same from the street in addition to any penalties hereinafter
prescribed.
[Ord. No. 2021-02, 10/12/2022]
A violation of this Part shall constitute a nuisance and may
be abatable in the manner provided by law and this Part.
[Ord. No. 2021-02, 10/12/2022]
Any person violating the provisions of this Part shall cause
any deposited material to be removed from the street or public property
within six hours from the occurrence. In the event of an immediate
danger to the public health or safety, the material shall be removed
immediately. In the event that deposited material is not so removed,
the Township may cause such removal, and the cost thereof shall be
charged to the person responsible.
[Ord. No. 2021-02, 10/12/2022]
It shall be unlawful for any person to erect or cause to be
erected any structures within or on the cartway of any streets in
the Township.
[Ord. No. 2021-02, 10/12/2022]
It shall be unlawful for any person to erect or cause to be
erected any basketball poles, support structures, basketball nets,
street hockey nets, or skateboard ramps within the rights-of-way of
any streets of the Township.
[Ord. No. 2021-02, 10/12/2022]
1.
When any person shall be about to erect or repair any house, building,
wall or other structure within the Township and desires to occupy
a part of a Township street or sidewalk for placement of building
materials, mortar boxes, dumpsters or similar items thereon, he shall
make application to the Manager stating the number and extent of such
building materials, dumpsters and/or other items for the accommodation
of which he desires to occupy said street or sidewalk, the specific
location where such person will place the building materials, dumpsters
and/or other items and why it is not possible to place such items
upon the property to which they relate. If the placement of the requested
materials will interfere with the safe passage of vehicular or pedestrian
traffic, the Manager shall deny the permit. If the applicant demonstrates
that safe vehicular and pedestrian passage may be maintained, the
Manager may issue a permit to occupy said part of any public street
or sidewalk for the purpose stated in the application, not exceeding
in extent of the dimensions of the front of the premises about to
be built upon or repaired and, further, not exceeding eight feet in
width, 13 feet in height and one foot over curb, with a gutter left
along the curb 15 inches in height, with cleanout holes, 12 by 18
every 25 feet in length. In case it is desired to mix mortar and place
any mortar boxes upon any of the public streets or highways during
the erection and repair of buildings, walls or other structures, it
shall be required that a watertight box be used. A permit shall identify
the dates of the permitted occupancy of the street or sidewalk, and
the permit shall not be valid for more than 30 days.
2.
All building materials and other items shall be neatly maintained.
Reflectorized or lighted barricades shall be used. The cartway shall
at all times be left unencumbered between said materials or mortar
boxes and the opposite curb for the passage of vehicles.
3.
The placement of any dumpster shall be in accordance with all requirements of the Commonwealth of Pennsylvania Motor Vehicle Code and Chapter 15, Motor Vehicles and Traffic, of the Code of the Township of Penn. The dimensions of the dumpster shall not exceed eight feet in width by 24 feet in length by eight feet in height. The dumpster shall be lighted or reflectorized, or lighted barricades shall be used. The dumpster shall not inhibit vehicle sight distance visibility. The applicant shall provide the Township with the name and telephone number of the company furnishing the dumpster. Should it be proven subsequent to the placement of a dumpster in the right-of-way that said dumpster creates a hazard, even though a permit has been issued, the Manager shall have the right to require the permittee to have the dumpster removed within 24 hours.
4.
No building materials, dumpster or other item shall be placed within
15 feet of any fire hydrant or within 50 feet of a railroad track.
5.
If any damage or injury to the cartway, curb or sidewalk shall be
caused or done by the use or occupancy of any street or road hereunder,
the party to whom such permit shall have been issued shall be responsible
and liable for the same and shall restore the cartway, curb and/or
sidewalk to its original condition. If the permittee refuses to properly
restore the cartway, curb and/or sidewalk to its original condition,
the Township may do so and collect the cost of the same from the permittee.
6.
The cost of a permit shall be set, from time to time, by resolution
of the Board of Supervisors.
[Ord. No. 2021-02, 10/12/2022]
This Part shall be enforced by the Code Enforcement Officer
or any police officer. The Code Enforcement Officer may exercise discretion
to send warning letter or to immediately issue citations when he or
she observes a violation of this Part.
[Ord. No. 2021-02, 10/12/2022]
1.
Any person violating the provisions of this Part shall be subject
to the following nonexclusive fines and penalties, one or more of
which may be pursued by the Township concurrently:
A.
If the Code Enforcement Officer or any police officer institutes
summary criminal proceedings, upon conviction thereof, the Magisterial
District Judge shall impose a fine or penalty of not less than $100
and not more than $1,000 for each and every offense, plus costs of
prosecution, such fine or penalty to be collected as provided by law.
B.
The Manager may suspend or revoke any permit issued by the Township
to a person responsible for the violation of this Part if the materials
unlawfully deposited are a product of work authorized by such permit,
such suspension or revocation to continue:
(1)
Until the Township has been compensated for any charges incurred
by Township in cleaning up or removing the unlawfully deposited material.
(2)
Until the person responsible has paid any fines or penalties
which a Magisterial District Judge determines to be due by reason
of a violation of this Part.
(3)
Until such time as the Township determines that the person responsible
has taken adequate precautions to assure that the unlawful depositing
of materials will not reoccur.
C.
Any person whose permit shall have been revoked by the Manager may,
within 30 days of such suspension or revocation, appeal such decision
to the Board of Supervisors.
D.
The Township may institute an action in the Lancaster County Court
of Common Pleas seeking fines, penalties, removal of materials, recovery
of costs incurred to remove materials and restore the street, and/or
costs of prosecution.
