[HISTORY: Adopted by the Board of Commissioners of the Township
of Radnor 11-23-2020 by Ord. No. 2020-20.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 176, but
was renumbered to maintain the alphabetical organization of the Code.
A.
Authority. Under Sections 161 and 164(6) of the Home Rule Charter and Optional Plans Law, and § 1.02 of the Radnor Township Home Rule Charter, the Township has the authority to make rules and regulations for the governing of police, fire, and other emergency services located and/or operating within the Township.
B.
Findings. The Township recognizes that police, fire and emergency
management companies respond to all motor vehicle crashes in the Township,
incurring costs in response, cleanup and repair activities. Secondly,
the Township contains 10 rail crossing bridges and eight pedestrian
bridges which span public roads and which have been struck on multiple
occasions, causing damage to the roadways and creating hazardous conditions.
C.
Purpose: to grant the Township and any fire company operating in
Radnor Township the authority to seek reimbursement for the reasonable
cost of responding to vehicle strikes of Radnor bridges as defined
in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or persons, corporation or partnership, or other
entity engaged in the buying, selling, storing, transferring, transporting,
and/or manufacturing of materials, substances, merchandise, chemicals,
fuels, equipment, items, or other goods for money and/or other means
of compensation for the purpose, stated or otherwise, of realizing
a profit and/or other gains.
Any fire company, emergency management squad, or rescue squad
operating within Radnor Township.
Any incident that occurs during the transportation of people
or material under a Radnor bridge resulting in a crash which is and/or
results in a danger to, a threat to, and/or possible harm to the public
health, safety, and welfare, and that necessitates:
The intervention of a fire company, the Radnor Township Police
Department, the Radnor Township Public Works Department, and/or any
other Radnor Township employees or consultants; and/or
Fire company and/or Radnor Township personnel/employees/contractors
to clean up debris and/or spills, undertake abatement measures, and/or
repair/renovate/replace damaged public infrastructure.
State, county, and Township bridges, culverts, highways,
and streets; any navigable waterway; or any other roadway or watercourse
owned by a governmental unit.
All rail crossing bridges and pedestrian bridges containing
underpasses for vehicular traffic, including:
Landover Road.
Aldwyn Lane.
Conestoga Road (900 block).
Roberts Road.
South Ithan Avenue.
North Ithan Avenue.
King of Prussia Road.
Chamounix Road.
North Aberdeen Avenue.
North Wayne Avenue.
Old Sugartown Road.
South Devon Avenue.
West Wayne Avenue.
Maplewood Avenue.
Brooke Road.
Church Road.
Conestoga Road (at Brookside Avenue).
East Lancaster Avenue (St. Thomas Way bridge).
A.
A business or person which strikes a Radnor bridge while traveling
through Radnor Township shall bear all costs that arise as a direct
or consequential result of such crash. A person, entity or other business
which owns or had custody and/or control of the vehicle and/or material
involved in the motor vehicle bridge crash shall bear all costs that
occur as a direct or consequential result of such crash. Nothing contained
herein shall prevent such business, person or entity from recovering
any incurred or subsequent costs from a third party whose negligence
may have caused such crash.
B.
In the event that any business, person, or other entity undertakes,
either voluntarily or upon order of the Radnor Township Police or
other Township official, to clean up or abate the effect of a motor
vehicle bridge crash, Radnor Township may take such action as is necessary
to supervise or verify the adequacy of the cleanup or abatement. The
business, person or entity shall be liable to the Township for all
costs incurred as a result of such supervision or verification.
C.
For the purpose of this chapter, reimbursement costs of a motor vehicle
bridge crash shall include, but are not limited to, the following:
(1)
Expenses incurred by any police, fire, and/or emergency medical services,
including, but not limited to, the Township Police Department and
the fire company, in connection with the bridge crash.
(2)
Actual labor costs of Radnor Township personnel, including benefits
and administrative overhead incurred in response to the bridge crash.
(3)
Costs of consultants or others preparing reports concerning the bridge
crash.
(4)
Costs of equipment operations and rental used in response to the
bridge crash.
(5)
Costs of materials obtained directly by the Township and used in
response to the bridge crash.
(6)
Damages to any Township-owned infrastructure, including but not limited
to roads, signs, poles, buildings, structures, parking meters, and
the like.
D.
The calculation of the actual costs of a bridge crash as set forth
in this section shall be determined by the Township Manager or his/her
designee.
E.
The reimbursement of all costs of a bridge crash as set forth in
this section shall be paid directly to the Township within 30 days
from the date on which the Township issues an invoice for such costs.
Failure to make payment within 30 days shall constitute a violation
of this chapter.
A.
In addition to the reimbursement costs described in this chapter,
each person, business or entity responsible for damage to a Radnor
bridge shall be fined $1,500. Each subsequent offense shall be a fine
of $2,500.
B.
All fines shall be paid within 30 days of issuance by the Township.
Failure to pay such fines or reimbursement shall be a violation of
this chapter enforceable in District Justice Court, which may include
costs of prosecution and attorney's fees.
