The discharge of dirt, earth or other debris into and upon the
public roads within the Township is prohibited.
Intentional discharge of dirt, earth or other debris on any
public road within the Township is deemed an automatic violation of
this article.
Where such discharge occurs through accident or negligence,
the persons responsible as hereinafter defined shall immediately and
completely remove such discharges from the public roads using sufficient
water to remove any residue which could result in dust or mud. Failure
of such removal is deemed a violation of this article.
The following persons are declared to be responsible for removal
of discharges of dirt, earth or other debris and shall be liable for
any violation of this article:
A. When such discharges occur in connection with grading, excavation, filling or other work on real estate, the owner of the land and the person with whom the owner contracts for work causing said discharge on the public streets shall both be liable for removal and cleaning as set forth in §
379-3 hereof, and where such discharge comes from the operation of trucks or other earthmoving equipment, the operator of such equipment or truck shall also be liable along with the owner and contractor aforesaid.
B. Where the owner or contractor aforesaid are corporations, the executive
officers of the corporation as well as the corporation itself shall
be responsible and liable for any violation of this article.
C. Where the owner or contractor aforesaid are partnerships, all partners
shall be responsible and liable for any violation of this article.
The Township Police may without warrant and on view arrest and
commit for hearing any person violating the provisions of this article.
[Amended 12-28-1998 by Ord. No. 917]
Any person convicted of a violation of this article shall be
fined or penalized in an amount not to exceed $1,000 and costs. Upon
judgment against any person by summary conviction or by proceedings
by summons, on default of payment of the fine or penalty imposed by
said judgment and the costs, such person may be sentenced to the county
jail for a period not exceeding 30 days.
In the event that the persons responsible for removal of discharges
as above defined fail to remove the same from the public roads, the
Township may cause the same to be done and collect the cost thereof,
together with a penalty of 10% of such cost in the manner provided
by law for the collection of municipal claims or by action of assumpsit,
without the filing of a claim, or may seek relief by bill in equity.