[Adopted 2-9-1994 by Ord.
No. O-1-94]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
A portion of street or highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
A natural person, partnership, corporation, association or
any other legal entity.
The entire width between the boundary lines of a way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
No person shall deposit or cause to be deposited any snow or
ice on or immediately next to a fire hydrant or on any roadway or
loading and unloading areas of a public transportation system, except
that snow and ice may be mounded by the municipality on public cartways
incident to the cleaning thereof or mounded on curbs incident to the
cleaning thereof.
No person shall deposit or cause to be deposited any mud, debris
or obstruction of any kind on any Township road. If any mud, debris
or obstruction is placed on any Township road, it shall be immediately
removed and the roadway cleaned. No person shall cause or permit the
discharge of any rain or surface water of any kind, including, but
not limited to, those from sump pumps, storm gutters and downspouts,
onto a Township road unless same is served by and discharged into
an existing stormwater management system for such roadway. If, after
notification, the mud, debris or obstruction is not removed, or the
rain or surface water discharge is not abated, the Township shall
be authorized to remove the same and the cost of the removal shall
be at the expense of the person depositing the mud, debris or obstruction.
In addition, any person who deposits or causes the deposit of any
mud, debris or obstruction, or causes or permits the discharge of
any rain or surface water of any kind, including, but not limited
to, those from sump pumps, storm gutters and downspouts, onto a Township
road prohibited by this section shall be in violation of this chapter
and, in addition to the foregoing, shall be subject to those penalties
set forth hereafter.
[Added 11-10-2022 by Ord. No. O-4-2022]
The Township may designate areas within or along the cartway
of a public street or alleyway, or along the curb or edge of a roadway
to prohibit the stopping, standing or parking of any vehicle, equipment
or trailer, and the placement or storage of any materials or other
personal property, where one or more of the following conditions exist:
A.
The distance between the center of the roadway and the curb or edge
of roadway is less than 19 feet on major arterial highways, or less
than 18 feet on other roadways;
B.
The street width is such that, if vehicles are parked along one or
both curb faces or edges of the roadway, two vehicles cannot move
abreast of one another in the same or the opposite direction without
one yielding to allow the other vehicle to pass;
C.
The width of the shoulder is not sufficient to allow a vehicle or
its load to park completely off the roadway;
D.
When the parking, standing, stopping, placement or storage:
(1)
Obstructs or interferes with the free movement of traffic;
(2)
Diverts traffic from its normal lane of travel;
(3)
Adversely affects sight distances;
(4)
Prohibits vehicles from passing in opposing lanes without one
vehicle yielding the right of way to the other;
(5)
Because of bends, curves, or other features of the roadway or
alleyway, increases the risk of accident;
(6)
Is in between signs posted by the Township restricting or prohibiting
parking;
(7)
Blocks or impedes access to a driveway or other off-street parking
area on private or public property;
(8)
Increases the threat of harm to the public health, safety and
welfare; or
(9)
Impedes or otherwise adversely affects the delivery of mail
to a public or private mail box, or any other receptacle on public
or private property designed and approved for the delivery and receipt
of United States Mail. For purposes of this section, any vehicle or
other obstruction located within 15 feet on either side of a mailbox
shall be deemed to impede or otherwise adversely affect the delivery
of mail and is prohibited hereunder.
[Added 11-10-2022 by Ord.
No. O-4-2022]
Except for those obstructions which affect the delivery of mail under § 100-23.1D(9) above, the Board of Supervisors may establish those areas within or along the cartway of a public street or alleyway, or along the curb or edge of a roadway where parking, standing or stopping of any vehicle, equipment or trailer, or the placement or storage of materials or other personal property is prohibited under § 100-23.1, by resolution approved at a public meeting. Upon approval of same, the Township shall post the area with signage sufficient to provide notice of the restriction imposed and the penalties for violating same. No such posting shall be required for obstructions which affect the delivery of mail under § 100-23.1D(9). The prohibition of obstructions which affect the delivery of mail shall be applied throughout the geopolitical boundaries of the Township and shall be enforceable under this chapter.
[Added 2-14-1997 by Ord.
No. O-1-97; amended 11-28-2000 by Ord. No. O-10-00; 11-10-2022 by Ord. No. O-4-2022]
A.
Any person violating any provision of this article shall be guilty
of a summary offense and, upon conviction before a Magisterial District
Judge having jurisdiction, be punishable by a fine of not less than
$300 nor more than $1,000, together with the costs of prosecution
and reasonable attorneys' fees or, in default thereof, by a term of
imprisonment for not more than 30 days. Each day's violation shall
constitute a separate enforceable offense.
B.
Notwithstanding the foregoing penalty, the Township may, at its sole discretion and in addition to the pursuit of the penalty set forth in Subsection A above, enforce the terms of this chapter through an action in equity brought in the Court of Common Pleas of Westmoreland County. In any such action, the Township may recover all costs, expenses and attorney's fees it incurs in the enforcement process. All remedies of the Township set forth herein are deemed to be cumulative.
