[Ord. 97-3, 8/11/1997, § 1]
As used in this part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Portion of a street or highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
Natural person, partnership, corporation, association or
any other legal entity.
Portion of a street between the curblines or the lateral
lines of a cartway, and the adjacent property lines, intended for
use by pedestrians.
The entire width between the boundary lines of a way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
[Ord. 97-3, 8/11/1997, § 2; as amended by Ord.
11-02, 9/12/2011, § 1]
1.Â
Every person in charge or control of any building or lot of land
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 or cleared away, snow and/or 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, and further remove or clear
away snow and/or ice from a path of at least 30 inches in width from
an area around any fire hydrant on said property leading to the cartway.
2.Â
Except as provided in Subsection 3 hereof, snow and ice shall be removed from sidewalks within 24 hours after the cessation of any fall of snow, sleet or freezing rain.
3.Â
In the event snow and/or ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person charged with its removal shall, within the time mentioned in Subsection 2 hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe; and shall, as soon thereafter as weather permits, cause to be cleared a path in said sidewalk of at least 30 inches in width.
4.Â
In any case where the owner, occupant or tenant, as aforesaid, shall
fail, neglect or refuse to comply with any of the provisions of this
part within the time limit prescribed therein, the Township authorities
may proceed immediately to hire an outside contractor, to clear all
snow and/or ice from the sidewalk of such delinquents, and to collect
the expenses thereof, with any additional amount allowed by law, from
such owner, occupant or tenant, as the case may be, which may be in
addition to any fine or penalty imposed under this part.
[Ord. 97-3, 8/11/1997, § 3]
Every person in charge or control of any building or other structure,
whether as owner, tenant, occupant, lessee or otherwise, shall remove
and clear away, or cause to be removed and cleared away, any accumulation
of snow and ice on said building or other structure which is liable
to fall on any sidewalk, roadway or other public way. Such work shall
be completed within a reasonable time, but not later than 24 hours
after the cessation of any fall of snow, sleet or freezing rain.
[Ord. 97-3, 8/11/1997, § 4]
No person shall deposit or cause to be deposited any snow or
ice on or immediately next to a fire hydrant or on any sidewalk, roadway
or loading and unloading areas of a public transportation system,
except that snow and ice may be mounded by the New Hanover Township
on public cartways incident to the cleaning thereof or mounded on
curbs incident to the clearing of sidewalks in business districts.
[Ord. 97-3, 8/11/1997, § 5; as amended by Ord.
97-7, 10/13/1997, § 21-605; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall 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. Each day that a violation of this part continues
or each section of this part which shall be found to have been violated
shall constitute a separate offense. Notwithstanding the same, the
Township may seek enforcement by means of request for injunctive relief
or other equitable remedies as may be provided by law in a court of
competent jurisdiction.
