No person shall drop or deposit or permit to
be dropped or deposited any earth, stones, mud, rubbish or other material
on any of the streets or alleys of the Township of Patton.
The operator of any vehicle from which vehicle
any such mud, earth, stone or other material falls or is dropped shall
be deemed to have dropped or deposited the same within the meaning
of this chapter, and it shall therefore be the duty of any such operator
to avoid such dropping or depositing, regardless of whether done intentionally
or unintentionally.
In the event of the dropping or depositing of
such prohibited materials occurring from any vehicle, the registered
owner of such vehicle shall be presumed to be the driver, in the event
that the actual driver cannot be determined, and shall be responsible
for any violations as provided in this chapter.
However, should any registered owner be charged
with an offense under this section, and if they shall not be the operator
of such vehicle, such registered owner may appear before any Magisterial
District Judge before whom such charge is filed and state under oath
before such Magisterial District Judge that they were not the operator
and whom the actual operator was at the time and place of such offense.
If such owner shall also appear and testify at any hearing against
any person so identified by such registered owner, and if there is
no further proof that such registered owner was the driver of said
vehicle, such registered owner shall be relieved of responsibility
under the provisions of this chapter.
If any such earth, stone, mud or other material
is inadvertently or accidentally dropped or deposited, said person
so dropping or depositing the same shall remove such prohibited material
within four hours of the time of receiving notice of such dropping
or depositing from the Township police and, in such event, shall not
be guilty of an offense under this chapter.
If any person, partnership, firm, association
or corporation should violate the provisions of this chapter, the
Township of Patton shall have the right to remove such earth, stone,
mud or other material from the streets or alleys of the Township of
Patton, and to collect the cost of such removal, plus 10%.[1]
[1]
Editor's Note: Original Section 67, Penalty
for violation, which immediately followed this section, was repealed
8-14-1996 by Ord. No. 96-330.
