[Adopted 9-6-2000 by Ord.
No. 2000-176]
Any vehicle transporting or carrying soil, sand, stone, dirt,
debris, litter or other substance of any kind, including liquids and
chemicals, over streets, alleys and thoroughfares shall be so operated
as to prevent said materials from being scattered, spilled, dropped
or blown from the vehicle or from the wheels, tires, or the undercarriage
thereof.
It shall be unlawful to scatter, spill, dump, or drop, or permit
to be scattered, spilled, dumped or dropped, any soil, sand, stone,
dirt, debris, refuse, litter, or other substances of any kind, including
liquids and chemicals, from any vehicle or from the wheels, tires,
or undercarriage thereof, upon streets, alleys and thoroughfares.
Under special circumstances, where there shall be no other practicable
means for temporary storage, a permit may be granted by Harborcreek
Township for the storage of materials upon a limited portion of the
street and/or sidewalk abutting the property upon which such materials
are to be used. Such permit shall be issued for a fee fixed pursuant
to resolution. Such permit shall be issued upon the following conditions,
which shall be strictly adhered to by the holder thereof.
A.
Such permit shall be valid for a limited time, not in excess of two
days, which shall be determined by Harborcreek Township on the basis
of the scope of the work being undertaken and the inconvenience to
the public involved, and such time limit shall be stated on the permit.
Under special circumstances, a permit may be extended beyond the original
time limit with approval of the Township for a fee fixed pursuant
to resolution.
B.
The material shall occupy only such portion of the street and/or
sidewalk specified in the permit.
C.
Such material shall be placed so as not to interfere with drainage
of any street or sidewalk or with access to any fire hydrant.
D.
Such material shall be arranged in a regular, neat, compact form
so as to occupy a minimum of space and present the least risk of falling,
sliding, or scattering.
E.
The holder of such permit shall be liable for all damages, losses,
costs or expenses that are or may be considered by reason of the placing
or storage of such material upon the street or sidewalk.
F.
The holder of such permit shall be responsible for placing barriers,
guards and warning lights in the vicinity of or around such materials
so as to prevent injury to persons and property.
G.
On or before the date of expiration of such permit, all such material
shall be removed from the street and/or sidewalk and the street and/or
sidewalk shall be restored and cleaned to the condition in which it
was immediately prior to such storage, in default of which the Township
may cause such material to be removed and placed upon the property
where such material is to be used, with the expense of such removal
payable by the holder of such permit, and collected in any manner
provided by law.
Any persons, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine not more than $600 and, in default of payment, to imprisonment
for a term not to exceed 30 days. Each day that a violation of this
article continues shall constitute a separate offense.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
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 Harborcreek
Township that this article would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
This article shall become effective on the date of its passage,
September 6, 2000.
