It shall be unlawful for any person, firm, or corporation to
deposit or cause to be deposited by any means snow, ice, dirt, mud,
earth, rock, brush, or debris of any kind on any street, road, sidewalk,
or curb in the Township.
If transporting dirt, mud, earth, rock, brush, or debris of
any kind over streets located in the Township and the debris falls
onto the surface of any street, then it shall be the responsibility
of the person operating the vehicle to remove the debris immediately.
If any person, firm, or corporation is engaged in excavating
or other earthmoving activities in the Township and earth, mud, dirt,
rock, or other debris is deposited onto Township streets or sidewalks
by vehicle wheels or any other means, the person operating the vehicle
and the person responsible for the excavating or earthmoving activities
shall jointly and severably be responsible for cleaning streets and
preventing such reoccurrence.
In the event of a failure to comply with the foregoing requirements
of this Part, the Township Manager, in his sole discretion, in addition
to any fines that may be imposed, may require that there shall be
installed a driveway of PennDOT-approved aggregate from the street
to the construction site, and traffic from the street to the construction
site, and vice versa, shall be restricted to such driveway.
Any person, firm, or corporation who shall violate any provision
of this part, or fails to comply therewith, or with any of the requirements
thereof, 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 less than $100 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this part is found to exist, and for each section
of this part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this part. All fines and penalties
collected for violations of this ;art shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Township Roadmaster, the authorized
designee of the Township Manager, and to any other officer or agent
that the Township Manager or the Board of Supervisors shall deem appropriate.