[Ord. 1999-3, 12/22/1999, § 1; as amended by Ord.
2009-3, 8/31/2009]
1.
Section 66506 of the Second Class Township Code, 53 P.S. § 66506,
authorizes and permits the Board of Supervisors to make and adapt
any ordinances not inconsistent with or restrained by the Constitution
and laws of this commonwealth necessary for the proper management,
care, and control of Douglass Township germane to the health and welfare
of the Township and its citizens, trade, commerce, and manufacturers.
2.
Section 67326 of the Second Class Township Code, 53 P.S. § 67326,
provides that any person who obstructs any public road or commits
any nuisance thereon by diverting water onto and who does not, on
notice given by the Board of Supervisors, immediately remove the obstruction
or nuisance and repair the damages done to the road commits a summary
offense.
3.
Section 67320 of the Second Class Township Code, 53 P.S. § 67320,
authorizes and permits the Board of Supervisors or its agents to enter
any lands or enclosures and cut, open, maintain, and repair drains
or ditches through the property when necessary to carry the water
from Township roads.
4.
Section 67320 of the Second Class Township Code, 53 P.S. § 67320,
further provides that any person who damages or diverts any drain
or ditch without the authority of the Board of Supervisors commits
a summary offense and is liable for the cost of restoring the drain
or ditch.
6.
Section 66601 of the Second Class Township Code, 53 P.S. § 66601,
authorizes and provides that for an ordinance which regulates public
safety or water the Board of Supervisors shall provide that its enforcement
shall be by action brought before a magisterial district judge in
the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure.
7.
The Board of Supervisors, in consideration of the authorization of
the Second Class Township Code, in consideration of the health, safety,
and welfare of the citizens and users of Township roads, in consideration
of the ice on the roads formed from the diverted water, in consideration
that said roads are traveled by the public, including school buses,
the Board of Supervisors has determined that it is in the best interest
of the Township to adopt this Part.
[Ord. 1999-3, 12/22/1999, § 2]
This Part, in order to proscribe and prevent any person from
diverting water onto Douglass Township roads and/or to proscribe and
prevent any person from damaging or diverting any drain or ditch authorizes
and empowers the Board of Supervisors to make it unlawful for any
person to cause or permit the diversion of water onto Douglass Township
roads and should such person fail to remedy the situation, following
proper notice to such person by the Board of Supervisors of such violation,
the Board of Supervisors may take any action against such person as
permitted and authorized by the Second Class Township Code, 53 P.S.
§ 65101 et seq., or any other pertinent law.
[Ord. 1999-3, 12/22/1999, § 3]
The Board of Supervisors, pursuant to section 66601 of the Second
Class Township Code, 53 P.S. § 66601, has determined that
the Township Engineer, Systems Design Engineering, is deemed qualified
to make the initial determination of any violation of this Part and
should it be determined that a violation has occurred then the Township
Engineer, Systems Design Engineering, shall be authorized to make
proper service of the notice of violation. The alleged violator shall
be given 30 days to remedy the violation. Such remedy shall be to
the satisfaction of the Township Board of Supervisors.
[Ord. 1999-3, 12/22/1999, § 4; as amended by Ord.
2009-3, 8/31/2009]
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 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. Should the Township seek enforcement
of this Part through the court system then the person who violates
this Part shall also pay all court costs plus reasonable attorney
fees incurred by the Township as evidenced by all receipts.
