[HISTORY: Adopted by the Board of Supervisors
of the Township of Whitpain 12-21-1992 by Ord. No. 42-1; amended in its entirety 10-17-2017 by Ord. No. 363. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual or individuals, corporation, firm, partnership,
association of persons, organization, or any other group acting as
a unit.
A.
Responsibility to remove snow and ice.
(1)
Single-occupancy buildings. It shall be the duty of the owner or
occupant of every property to remove or cause to be removed any snow
or ice that has fallen or formed from any and all of the sidewalks
in front of or alongside such property, whether abutting a public
or private road, within 24 hours after the snow has ceased to fall
or the ice has formed, so as to clear a path for pedestrians at least
30 inches wide and to keep the path clear of snow and ice after removal.
The owner of a property shall be responsible for removing the snow
and ice where such property is occupied or vacant.
(2)
Multiple-occupancy buildings. It shall be the duty of the owner of
any multiple-occupancy building, whether the building is of a residential
or any other use, to remove or cause to be removed any snow or ice
that has fallen or formed, from any and all of the sidewalks in front
of, alongside, and internally located on such property within 24 hours
after the snow has ceased to fall or the ice has formed, so as to
clear a path for pedestrians at least 30 inches wide and to keep the
path free and clear of snow and ice after removal. Furthermore, said
owner shall keep free and clear all parking lots and accesses to parking
lots on properties with multiple-occupancy buildings.
(3)
Private roads. It shall be the duty of the owners of any private
road or street that connects three or more dwelling units, office
units, commercial units, industrial units, or any combination thereof,
to remove or cause to be removed any snow or ice fallen on the private
road within eight hours after the snow has ceased to fall or the ice
formed, so as to clear safe access for occupants, the public, and
emergency service providers.
B.
Placement of snow; fire hydrants.
(1)
Snow or ice removed from sidewalk areas shall be placed on the property
of the owner, adjacent to the removal area. Excessive amounts of snow
or ice may be placed in the area between the sidewalk and the curbline,
but not in the street. If the snow and ice is frozen so hard that
it cannot be removed without injury to the pavement or damaging the
base of the footpath, the owner of the property shall cause the sidewalk
abutting or adjacent to such premises to be strewn with ashes, sand,
sawdust or any suitable abrasive material and shall, as soon thereafter
as the weather shall permit, thoroughly clean such sidewalks.
(2)
Fire hydrants shall not be covered with snow or ice.
(3)
It shall be unlawful to throw, shovel, or plow snow into or upon
any roads and streets within the Township with the intent of allowing
such snow to remain on such roads and streets.
[Amended 11-19-2019 by Ord. No. 378]
A.
Whenever there is an actual or anticipated accumulation of snow,
ice and/or freezing rain upon roadways in the Township, causing such
streets to become dangerous and hazardous to vehicular and pedestrian
traffic, a snow emergency shall be declared by the Township Manager
or his/her designee. Whenever a snow emergency exists, all on-street
parking shall be prohibited on roadways where off-street parking is
available.
B.
Any time a snow emergency shall be deemed to be in effect by virtue
of the foregoing provisions, such emergency shall continue to exist
until such time as the Township Manager or his/her designee shall
declare that the snow emergency has been terminated.
C.
When a snow emergency has been declared, it shall then be unlawful
to park any vehicle on such streets within the Township until the
snow has been completely plowed for the full width of the cartway,
except on those streets within the Township where only on-street parking
is available. Where only on-street parking is available, all motor
vehicles shall be parked on the even- address side of the street on
even-numbered calendar days and on the odd-address side of the street
on odd-numbered calendar days.
A.
Motor vehicles left unattended. It shall be unlawful for any motor
vehicle to be left parked, stalled, incapable of moving under its
own power or left unattended on any street or road within this Township
in violation of the provisions of this chapter, and, in addition to
the penalties hereinafter provided for such violation, any such motor
vehicle may be removed and/or impounded by the Township.
B.
Impoundment of motor vehicles.
(1)
In the event that motor vehicles are impounded, such motor vehicles
shall be stored in storage areas or garages as are approved from time
to time by the Township Supervisors by resolution. Such storage areas
or garages used as pounds for the storage of motor vehicles mentioned
above shall be approved by the Township Supervisors only after the
owners or operators of such storage areas or garages have provided
bond in a sufficient and adequate amount for the indemnification of
the owners of such impounded motor vehicles against the loss thereof
or injury or damage thereto while in the custody of such pound keeper
and have provided, in writing, with the Township Supervisors fixed
specific towing and storage charges to be assessed against the owners
of the motor vehicles and which must be paid before release of the
motor vehicles to the owners.
(2)
Within 12 hours from the time of the impounding of any vehicle or
ascertainment by the Township as to the identity of the owner of such
vehicle, notice of the fact that such vehicle has been impounded shall
be sent by the Township to the owner of record of such vehicle designating
the place from which said vehicle was removed, the reason for its
impounding and the place in which it has been impounded.
(3)
The payment of such charges assessed above, unless such payment shall
be made under protest, shall be final and conclusive and shall constitute
a waiver of any right to recover the money so paid by the owner of
the motor vehicle so impounded. In the event that the towing and impounding
charges are paid under protest, the offender shall be entitled to
a hearing before a District Justice or a court of record having jurisdiction.
(4)
No vehicle shall be removed under the terms of this chapter if, at
the time of such intended removal, the owner or person for the time
being in charge of such vehicle is present and expresses a willingness
and intention to immediately remove said vehicle.
[1]
Editor’s Note: Former § 124-5, Snow emergency routes,
was repealed 11-19-2019 by Ord. No. 378.
A.
In the event of a violation of § 124-2, the Township shall notify the owner or occupant of the property or private road to remove the snow and ice. If the owner or occupant fails, neglects, or refuses to comply with the order of the Supervisors of Whitpain Township for the abatement or removal thereof within four hours of the giving of such notice, the Supervisors or their agents or employees may, at their sole option clear the snow or ice on such private roads or sidewalks in such a fashion as the Township shall deem necessary.
B.
The expense incident to such abatement shall be paid by the owner
or occupant of such premises, and such expense as may be incurred
by the Township may be billed to such owner or occupant by the Supervisors,
and in default of payment of such bill, a lien upon the lands on which
the nuisance was maintained may be filed by said Supervisors in the
name of Whitpain Township in the Court of Common Pleas of Montgomery
County, Pennsylvania, within six months from the date of completion
of the work of abatement or removal, subject to the same proceedings
for entry and revival of judgment and execution as are provided by
law for other municipal liens.
C.
The Supervisors may also collect the cost of such abatement or removal
by summary proceedings before a District Justice, which amount, when
recovered, either by enforcement of the lien or by summary proceedings,
shall be paid to the Township Treasurer, to be held and used for Township
purposes, but a final recovery of the amount in one proceeding shall
be a bar to the institution of or further continuance of the other
proceeding.
A.
Any owner, as defined herein, person, corporation or other entity
who or which shall violate any of the provisions of this chapter or
who should fail to comply with any notice of violation herein, upon
conviction before a District Justice within the magisterial district
within which the Township of Whitpain is a part, shall be fined not
more than $600 plus costs of prosecution after a summary proceeding
brought in the name of the Township before said District Justice.
A new and separate offense shall be deemed to be committed for each
day that such violation exists. In default of the payment of any fine
imposed and the costs, the person or persons that are charged may
be sentenced to be committed to the county jail for a period not exceeding
30 days.
B.
In all cases where a police officer of Whitpain Township shall first
give notice of the offense by either handing to the offending operator
or affixing to the motor vehicle in question a ticket on which he
has noted the time and place of the offense, nature of the offense
charged and the license registration of the motor vehicle in question,
no prosecution shall be instituted for 72 hours thereafter, provided
that, if during said seventy-two-hour period, the offender shall voluntarily
appear at the Whitpain Township Police Station (0900 to 1700 hours)
during regular business hours and voluntarily enter a plea of guilty
and pay a fine of $10 to the Township, no prosecution for such offense
shall thereafter be brought.
