This article shall be known as the "Springfield Township Snow Emergency Ordinance."
[Adopted 12-6-2010 by Ord. No. 2010-03]
This article shall apply to the streets of Springfield Township ("Township"). Streets shall be defined, in this article only, as that area of the travelled roadway and berm of streets, roads, drives, circles, alleys, courts and ways in the Township that are dedicated to and accepted by the Township and/or maintained by the Township.
The Chairman of the Township Board of Supervisors, or the Vice Chairman in the Chairman's absence or unavailability, or an elected Supervisor, if neither the Chairman or the Vice Chairman are available, when he or she determines an emergency exists due to snow and/or ice accumulation, regardless of depth, may, in his or her sound discretion, declare an emergency due to snow or ice ("snow emergency") within the Township. Where the Township declares a snow emergency, the Township shall cause the announcement of the snow emergency to be broadcast via radio or television stations with normal operating range covering the Township.
Regardless of any snow emergency in the Township as provided for in this article, if the state or county government declares a snow disaster, the provisions of this article shall immediately apply and remain in effect until such snow disaster and/or any snow emergency is terminated.
Following the effective date of this article, it shall be unlawful during any period that a snow emergency, as defined herein, is in effect to park, or allow to be parked, any motor vehicle or other property on any street designated herein as a snow emergency route after the start of such snow emergency and until the snow has stopped falling and the snow has been completely plowed for the full width of such snow emergency route. Snow emergency routes shall be those streets listed on "Exhibit A" to this article, as updated from time to time by resolution.[1] Each designated snow emergency route shall be posted as a snow emergency route by the Township. The Township, its officials, officers or employees shall not be liable for any damage to any vehicle or other property remaining in streets in violation of this article.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
Any member of the Pennsylvania State Police, or any party duly designated by the Township, is hereby authorized to remove any vehicle abandoned or parked upon any snow emergency route in violation of § 390-20 of this article, and to take any said vehicle to the nearest garage or other place of safety. The registered owner of any such vehicle shall be notified by the tower of its removal, the location of the vehicle, and where the vehicle may be recovered upon payment of any and all towing and storage charges. Neither the Township nor any of its officials, officers or employees shall be held responsible for any damage to any vehicle illegally parked or subsequent towing and/or storage of a vehicle that is in violation of this article. Additionally, the Township may impose a penalty under § 390-25 of this article.
It shall be unlawful and a nuisance for any owners, occupants or tenants of property within the Township to dump, throw, shovel, pile or push any snow or ice removed from driveways or walkways into or onto any Township street regardless of whether a snow emergency exists. In the event of such illegal activity, the Township may bring an action for nuisance penalties under § 390-25 herein without prior notice to the offending party.[1]
Owners of property on which a fire hydrant is located are required to remove or cause to be removed all snow, ice, slush, any combination thereof, or any accumulation and/or impediment which would limit access to, from, and/or around such fire hydrants located on said properties, 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 cessation of the storm. In the event of a complaint or notification to the owner by any Fire Company serving the Township, the fire hydrant shall be cleared of all snow, ice, slush or any combination thereof within 12 hours of said complaint or notification.
In cases where any owner, occupant, or tenant of property within the Township shall fail, neglect, or refuse to comply with any of the provisions of § 390-23 of this article within the time period required therein, the Township may, in its discretion, immediately authorize the applicable Fire Company to clear the snow, ice, slush, or any combination thereof, or any accumulation and/or impediment which would limit access to, from, and/or around such fire hydrants. The cost for any Fire Company to clear fire hydrants is hereby determined to be $75 per fire hydrant, the same to be paid to the Fire Company. Additionally, the Township may impose a penalty in an amount authorized under § 390-25 of this article. In no case shall the Township be liable for any loss or damage where it does not exercise its discretion under this article to authorize the removal of snow, ice, slush, any combination thereof, or any accumulation and/or impediment which would limit access to, from, and/or around such fire hydrants as defined within § 390-23.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. 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. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith. Additionally, in the event the Township or any authorized Fire Company must resort to a civil action to recover the cost to clear a fire hydrant, the Township or the Fire Company shall be entitled to any costs, investigative costs and attorneys' fees incurred to collect such cost.
If any sentence, clause, or section 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, or sections of this article. It is hereby declared to be the intent of the Springfield Township Board of Supervisors that this article would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, or section not been included herein.
All existing ordinance(s) or parts of ordinance(s) of Springfield Township are hereby repealed to the extent of any conflict with this article and/or necessary to give this article full force and effect, notwithstanding Ordinance 1992-06, Section 2(I),[1] referring to nuisances which shall not be affected by this article.
This article shall become effective five days after its adoption.