[Adopted 4-13-1966 by Ord. No. 39]
This article shall be known and may be cited as the "Township
of Harborcreek Snow and Ice Clearing Ordinance of 1966".
The following words, terms, and phrases as used in this article
shall have the meanings given herein. When not inconsistent with the
context, words used in the singular include the plural, and words
in the plural include the singular, and words used in the present
tense include the future. The word "shall" is always mandatory.
The real or equitable owners of property abutting sidewalks
or streets, as defined in this article.
Includes any person or persons, male or female, corporation,
partnership, association, company, individual, owner, occupant, lessee,
tenant or any organization.
A paved path or footwalk for public use located between the
cartway or curbline and right-of-way line of any public or municipal
maintained street or highway.
Any highway within the Township of Harborcreek, when maintained
by either the Commonwealth of Pennsylvania, the County of Erie or
the Township of Harborcreek.
Includes the occupant, lessee, tenant, or person having charge
of any building, lot or parcel of ground, abutting the sidewalk or
street, as defined in this article.
The elected officials of the Township of Harborcreek, or
any authorized representatives, agency or agencies of the Township
appointed by the Supervisors of the Township.
Following the effective date of this article, it shall be unlawful
for any property owner:
A.
To deposit or permit to be deposited and keep (except upon permit
issued by the Township) any rubbish, trash or materials of any character
whatsoever, upon a sidewalk or street within the Township.
B.
To allow or permit snow and ice to lie upon, remain upon or be piled
or accumulated upon a sidewalk within the Township for more than 24
hours.
It shall be the duty of the property owner, not later than 24
hours after snow has ceased to fall, to clear or cause to be cleared
a pathway in the sidewalk upon which such property abuts. Such pathway
shall be not less than 30 inches width and shall be thoroughly cleared
to that extent of snow and ice or other obstruction.
[Amended 1-26-1977 by Ord. No. 39-77-1; 1-18-2017 by Ord. No. 39-1966-1]
Following the effective date of this amendment to this article,
and subject to the limitation set forth in Section 2(b)[1] of this article, it shall be unlawful to park, or allow
to be parked, any motor vehicle or other vehicle, or trailer on any
street or adjacent road right-of-way within the Township from October
15 to April 15 of each year.
[1]
Editor's Note: So in original.
A.
Snow or ice removed from sidewalk areas, all drives and roads shall
be placed on the person's property.
B.
If there shall be an excessive amount of snow or ice and there is
no longer any place on the person's property to shovel the snow,
then it may be placed along the curbline, but not in the street. Where
there are no curbs, the snow or ice shall be placed outside of the
berm or shoulder areas.
C.
Should the snow and ice on the sidewalk pavement, or footpath, be
frozen so hard that it cannot be removed without injury to the pavement
or damaging the base of the footpath, the person having charge of
the snow and ice removal shall cause the sidewalk abutting or adjacent
to such premises to be strewn and to be kept strewn with ashes, sand,
sawdust, or any suitable abrasive material, and shall, as soon thereafter
as the weather shall permit, thoroughly clean such sidewalks.
D.
Fire hydrants shall not be covered or access blocked in any way.
[Amended 1-26-1977 by Ord. No. 39-77-1; 1-18-2017 by Ord. No. 39-1966-1]
Any person who shall violate any of the provisions of this article
or its amendments or who shall fail to comply with the conditions
or requirements in accordance with the provisions of this article
or its amendments shall, upon conviction thereof, be liable to pay
a fine of $100. A new and separate offense shall be deemed to have
been committed for each day said violation exists. All fines imposed
by this article are recoverable by summary proceedings before any
Magisterial District Judge and upon recovery thereof, all such fines
shall be payable to Lawrence Park Township, which, pursuant to an
Intergovernmental Cooperation Agreement executed by and between Harborcreek
Township and Lawrence Park Township, shall collect all fines, charge
a reasonable administrative fee for said collection, and provide Harborcreek
Township with a payment of the net amount of the fines so collected,
along with a report of the individual amounts collected and reduced
by the administrative fee agreed upon by the parties within five days
of the end of the prior month. In default of the payment of any fine
imposed by any Magisterial District Judge under the provisions of
this article or its amendments, the person so offending may be committed
to the jail for a period of not more than five days.
[Amended 1-18-2017 by Ord. No. 39-1966-1]
In addition to the penalties herein above provided, the Township shall be authorized to remove, or cause the removal of, any vehicle parked in violation of § 400-5 hereinabove, and to store said vehicle in a place of safety selected by the Township that said registered owner of said vehicles, if known, together with the address, shall be notified in writing of the fact of said removal, and the place of deposit of said vehicle; that said vehicle may be reclaimed and surrendered upon payment of towing and storing charges.
Should any section or provision of this article be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of this article as a whole, or any parts
thereof.
