[Added 10-8-2019 by Ord.
No. 4-2019]
This article shall be known as the "North Franklin Township
Parking and Snow Removal Ordinance of 2019." The purpose of this article
is for the Township to facilitate the safe and efficient removal of
snow from public streets and roads by adopting certain regulations
regarding the parking of motor vehicles thereon after the falling
or accumulation of certain specified amounts of snow.
No person or entity shall park or cause or permit to be parked
on any public street or roadway (including within the entire public
right-of-way) within the Township any motor vehicle or other object
(other than law enforcement, emergency services or snow removal vehicles
parked in connection with the conduct of the duties and responsibilities
of the drivers thereof) within the twelve-hour period immediately
following such snowfall, unless the street or road in question has
sooner been cleared of snow.
The provisions of this article shall be enforced by the Township
Code Enforcement, or any other public officer authorized to enforce
ordinances.
The Township may issue a notice of violation as set forth in
Township Ordinance _____ of 2019.[1] In addition the procedure set forth in Ordinance _____
of 2019,[2] the Township may also initiate a civil enforcement proceeding
before a Magisterial District Judge, with violations subject to a
fine of not more than $600, plus all court costs, including reasonable
attorney's fees incurred by the Township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day a violation exists shall constitute a separate offense. A
person who violates this article shall also be responsible for the
Township's attorney fees, engineering fees, expert fees and court
costs associated with enforcement as well as the forfeiture of any
fees as set forth in detail by Township resolution. Furthermore, if
a violation of the Pennsylvania Motor Vehicle Code[3] is found, the violator shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine not exceeding
$500 or imprisonment not exceeding 90 days, or by both fine and imprisonment.
Every day in violation can be treated as a separate violation and
subject to penalties and fines. The Township shall have the sole authority
to determine the enforcement procedure to be followed.
Any ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed to the extent of any such inconsistency.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Supervisors of the Township of North Franklin that this article would
have been adopted has such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
This article shall become effective upon enactment.
