[Adopted 2-16-2004 by Ord. No. 389[1] (Ch. 121 of the 1982 Code)]
[1]
Editor's Note: This ordinance also repealed
former Ch. 121, Snow Removal, adopted 4-6-1981 by Ord. No. 169, as
amended.
[Amended 10-18-2010 by Ord. No. 491]
It shall be unlawful for any person to park or allow to be parked any motor vehicle or other vehicle on any street or road which is part of the Township system and identified by resolution of the Board of Commissioners once a snow emergency has been declared pursuant to § 326-3 and until the snow has stopped falling and been completely plowed the full width of the cartway or until the snow emergency declaration has been rescinded.
A.
It shall be unlawful
for any person, association, firm, partnership, corporation or any
other entity owning, possessing or occupying any property along any
dedicated or undedicated public street or alleyway within the Township
of Muhlenberg to fail to remove from the sidewalk abutting said property
all snow, ice, hail, sleet or slush within 24 hours after the same
shall have ceased to fall thereon and to keep said sidewalks free
and clear of all snow, ice, hail, sleet or slush thereafter.
B.
It shall be unlawful for any person, association, firm, partnership, corporation or any other entity owning, possessing or occupying any property along any dedicated or undedicated public street or alleyway within the Township of Muhlenberg, in removing said snow, ice, hail, sleet or slush, as set forth in Subsection A hereof, to deposit same on the traveled cartway of any dedicated or undedicated public street or alleyway within the Township of Muhlenberg.
C.
It shall be unlawful for any person, association, firm, partnership, corporation or any other entity owning, possessing or occupying any property along any dedicated or undedicated public street or alleyway within the Township of Muhlenberg, in removing said snow, ice, hail, sleet or slush, as set forth in Subsection A hereof, to deposit same in such a manner so as to obscure visibility of any fire hydrant or obstruct or impede access to any fire hydrant.
Any member of the Muhlenberg Township Police
Department or any employee of Muhlenberg Township engaged in road
work is hereby authorized to remove any vehicle abandoned or parking
upon any public highway or street in violation of the terms and provisions
of this article and to take any said vehicle to the nearest garage
or other place of safety and otherwise enforce the time and provisions
of this article. The registered owner of any said vehicle shall be
notified of the fact of the removal and of the place to which said
vehicle has been removed, where he or she may obtain the same upon
payment of any and all towing and storage charges. Neither the Township
nor any of its officers or employees shall be held responsible for
any damage to any vehicle occurring as a result of towing and/or storage
of a vehicle parked in violation of the chapter.
A.
No snow, ice,
hail, sleet or slush, or a combination thereof, shall be pushed or
deposited into any drainage area, stream, river, culvert or catch
basin.
B.
No snow, ice,
hail, sleet or slush, or a combination thereof, shall be deposited,
pushed or maintained within a commercial, manufacturing, light industrial
or multiple-family zoning district parking facility, or at or near
an intersection in any zoning district, in a manner or at a location
which creates a traffic hazard by impairing visibility from or of
a public highway or street.
C.
No person shall
damage any Township property, including but not limited to traffic
signs, culverts, etc., while removing snow, ice, hail, sleet or slush,
or a combination thereof. Any damage to Township property shall be
repaired or replaced in accordance with the requirements of the Township
at the expense of the property owner and/or snow removal agency.
A.
Fire hydrants
shall not be covered. The owner is hereby required to remove or cause
to be removed all snow, ice, hail, sleet or slush, or any combination
thereof, or any accumulation and/or impediment which would limit access
to, from and/or around all of the fire hydrants which are located
on said property, so as to provide immediate access by fire rescue
personnel in cases of emergency. In cases involving a storm, fire
hydrants shall be cleared of all snow, ice, slush or any combination
thereof within 24 hours following the storm; in any event, any accumulation
shall be removed not less than once in every twenty-four-hour period.
B.
In all other
cases involving the accumulation of natural and/or man-made items
around fire hydrants, the owner is responsible for the immediate removal
of said items. In either case, fire hydrants shall be cleared sufficiently
so emergency personnel have total access to hydrants. This is necessary
to allow for fire hose connections to be made to access water in the
event of a fire. The owner of a property shall be responsible for
conforming to the requirements of this section where such property
is occupied by said owner or is unoccupied or vacant.
C.
In cases where the owner, occupant, tenant or person as aforesaid shall fail, neglect or refuse to comply with any of the provisions of this article, or within the time period required, the Township of Muhlenberg, Berks County, Pennsylvania, may in its discretion proceed immediately to clear the snow, ice, slush or any combination thereof or accumulation and/or impediment which would limit access to, from and/or around fire hydrants and to collect the expenses, with any additional amount allowed by law from fine or penalty imposed under § 303-24 of this article. In no case is the Township of Muhlenberg liable if it does not exercise the Township option for removal of snow, ice, slush, any combination thereof, or accumulation and/or impediment which would limit access to, from and/or around fire hydrants as defined herein.
It shall be unlawful for any person, association,
firm, partnership, corporation or any other entity owning, possessing
or occupying any property along any dedicated or undedicated public
street or alleyway within the Township of Muhlenberg to violate any
provision of this article, and any such person, association, firm,
partnership, corporation or any other entity owning, possession or
occupying any property along any dedicated or undedicated public street
or alleyway within the Township of Muhlenberg so violating any provision
herein shall, upon conviction in a summary proceeding before a Magisterial
District Judge, be subject to a fine of not more than $1,000 and/or
imprisonment for up to 90 days for each offense. For the purpose of
this article, each day's violation of the provisions hereof shall
be deemed to be a separate offense.
Any matters referred to herein as being unlawful
shall be declared to be nuisances and removable as such. If the cost
of such removal is not promptly paid, a municipal lien shall be filed
therefor or otherwise collected as authorized by law.