[HISTORY: Adopted by the Township of Howell
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-23-1974 as § 3-8 of the 1974 Code, as amended through Ord. No. O-00-16; amended in its entirety 4-27-2010 by Ord. No.
O-10-10]
A.
Whenever snow has fallen and the accumulation is such that it covers
the street or highway, an emergency shall exist and no vehicles, equipment
or personal property shall be parked on the streets, roadways, highways
or right-of-ways. The parking prohibitions shall remain in effect
after the snow has ceased, until all sanding and plowing has been
accomplished, and to the extent that parking will not interfere with
the normal flow of traffic.
B.
Any unoccupied vehicle parked or standing in violation of this article
shall be deemed a nuisance and a menace to the safe and proper regulation
of traffic, and any Police Officer, Code Enforcement Officer, or Director
or Assistant Director or his or her designee of the Department of
Public Works may provide for the removal of such vehicle. The owner
shall pay the reasonable costs of the removal and storage which may
result from such removal before regaining possession of the vehicle.
A.
All portable sports equipment and apparatus in the public streets
and right-of-way of the Township are prohibited during winter months
which, for the purpose of this section, shall mean November 1 through
March 31.
B.
Anyone who places portable sports equipment and apparatus in the
public streets and right-of-way shall place said equipment or apparatus
only in the area of the public street and right-of-way where the property
he or she owns or leases fronts on said street and right-of-way. In
the event any such equipment is placed in the public streets or roadways
in violation of this article, the Township shall not be responsible
for any damage caused thereto.
In determining if there has been a violation of this article,
it shall be immaterial whether a vehicle was intentionally or unintentionally
so parked or standing.
A.
No person operating a motor vehicle on any street, highway or roadway
or public parking area on which there is snow, sleet or ice shall
allow such vehicle to become stalled wholly or partly because the
drive wheels thereof are not equipped with effective tire chains or
snow tires.
B.
No person operating a motor vehicle on any street, highway, roadway
or public parking area, on which there is snow, sleet or ice or on
which there is a parking prohibition in effect, shall allow such vehicle
to become stalled because of lack of motor fuel or because its battery
has become inoperative.
Whenever a vehicle becomes stalled for any reason, whether or
not in violation of this article or on any street, highway or roadway
on which there is snow, sleet or ice, the person operating such vehicle
shall take immediate action to have the vehicle towed or pushed off
such street. No person shall abandon or leave his or her vehicle in
the street, highway or roadway (regardless of whether he or she indicates
by raising the hood or otherwise that the vehicle is stalled), except
for the purpose of securing assistance during the actual time necessary
to go to a nearby telephone or to a nearby garage, gasoline station
or other nearby place of assistance and return without delay.
A.
The members of the Police Department, Code Enforcement Department,
Engineering Department the Public Works employees of the Township
or any other duly sworn authorized Township official are hereby authorized
to remove and tow away or have removed and towed away by a commercial
towing service or otherwise any vehicle in violation of this section.
Said vehicles shall incur towing fees as per ordinance.
B.
Whenever any such person removes a vehicle from a street, highway
or roadway, as authorized by this article, and such person knows or
is able to ascertain from the registration records in the vehicle
the name and address of the owner thereof, such person shall immediately
cause to be given notice, in writing, to such owner of the fact of
such removal and the reasons therefor, and of the place to which such
vehicle has been removed. In the event any such vehicle is stored
in a public garage, a copy of such notice shall be mailed or delivered
to the proprietor of such garage.
C.
Whenever such person causes to be removed a vehicle under this section,
and does not know and is not able to ascertain the name and address
from the registration records in such vehicle, or for any other reason
is unable to give notice to the owner, as hereinabove provided, and
in the event the vehicle is not recovered by or returned to the owner
within a period of three days following such removal, then such person
shall immediately send or cause to be sent a written report of such
removal by mail by the state department whose duty it is to register
such motor vehicle, and in the event such vehicle is stored in a public
garage, a copy of such notice shall be mailed or delivered to the
proprietor of such garage. Such notice shall include a description
of the vehicle, the date, time and place from which removed, the reasons
for such removal, and the name of the garage or place to which the
vehicle was removed.
D.
Vehicles so towed away shall be restored to the owner or person in
charge of such vehicle upon identification to the Howell Township
Police Department office and proof of ownership and permission to
take charge of such vehicle, and further upon payment of the cost
of removal as per ordinance, and such person shall pay any cost of
storage accrued. Until paid, these charges constitute a lien upon
the vehicle which may be enforced in the same manner as a garage keeper's
lien may be enforced by state statutes.
E.
It shall be the duty of the Township of Howell Police Department
to keep a record of each vehicle removed in accordance with this section.
The record shall include a description of the vehicle, its license
number, the date and time of its removal, and the place from which
it was removed, its location, the name and address of its owner or
last operator, if known, and its final disposition.
This article shall be supplemental to any other provisions of
law granting authority to remove vehicles from public streets and
public parking areas.
In any prosecution in regard to a vehicle parked or left in
a place or in a condition in violation of this article, proof that
the particular vehicle described in the complaint was parked or left
in violation of a section of this article, together with proof that
the defendant named in the complaint was at the time the registered
owner of such vehicle, shall constitute prima facie evidence that
the defendant was the person who parked or left the vehicle in violation
of this article.
A.
Any person or persons, corporation, business entity, firm, association
or otherwise, who violates this article by failing to remove such
vehicles or equipment as set forth herein, shall be subject to a minimum
fine of $150 and a maximum fine of not more than $2,000. This fine
shall be in addition to all other violations set forth herein.
B.
All provisions of this article may be enforced by the Township of
Howell Code Enforcement Department, Police Department, Director or
Assistant Director or his or her designee of the Department of Public
Works or any other duly sworn authorized Township official.
[Adopted by Ord. No. O-80-8 (§ 3-8A
of the 1974 Code)]
A.
The owner, occupant or tenant or premises abutting
or bordering on any street in the Township of Howell shall remove
all snow and ice from the abutting sidewalks of such street or the
abutting right-of-way actually used by the public, or in the event
of ice which may be so frozen as to make removal impractical, shall
cause the same to be thoroughly covered with sand, ashes or other
appropriate substances within 12 hours of daylight after the same
shall fall or be formed thereon so as to permit safe passage over
any such sidewalk or right-of-way by the public.
B.
The owner, occupant or tenant of premises used by
the public or business invitees shall remove all snow and ice from
the sidewalks, streets rights-of-way and parking areas used by the
public in the transaction of business thereat, and in the event of
ice which may be so frozen as to make removal impractical, shall cause
the same to be thoroughly covered with sand, ashes or other appropriate
substances within 12 hours of daylight after the same shall fall or
be formed thereon so as to permit safe passage over any such sidewalk
or right-of-way by the public.
C.
The owner of real property upon which there has been
constructed any private street, highway, lane, alley or other roadway
or right-of-way which is open to the public or to which the public
is invited shall remove all snow and ice from such areas within the
time and in accordance with the methods set forth hereinbefore.
The provisions of this article shall be applicable
only to the owner of real property on which there has been constructed
a multiple-dwelling housing development containing three or more dwelling
units which are occupied or are intended to be occupied by persons
or families who live independently of each other.
[Amended 4-27-2010 by Ord. No. O-10-10]
No owner, tenant or occupant of any premises
abutting on any street shall throw, place, deposit, discharge onto,
cast upon or allow to flow sump pump discharge or drainage water from
the buildings or downspouts from any premises or throw, place, deposit,
discharge onto or cast upon snow or ice into or upon any street or
sidewalk, it being the intent and purpose of this provision to prohibit
all persons from throwing, casting, placing, discharging, casting
upon or allowing to flow sump pump discharge and depositing snow and
ice which accumulates upon private property upon the sidewalks or
streets of the Township or neighboring property owners.
In the event that the owner, occupant, or tenant
of premises fails or refuses to remove snow and ice from abutting
sidewalks as required by this article, then the Township may cause
such snow and ice to be removed, and the cost of removal of such snow
and ice employing Township facilities and forces shall be certified
to the Township Council by the Director of the Department of Public
Works. The Township Council shall examine such certificate and if
found to be correct, it shall cause the cost to be charged against
the real estate so abutting upon each such sidewalk or right-of-way
and the amount so charged shall thereupon become a lien and tax upon
such real estate and be added to and be part of the taxes next to
be levied and assessed thereon and enforced and collected with interest
by the Tax Assessor and Tax Collector of the Township in the same
manner as other taxes.
[Added 4-27-2010 by Ord. No. O-10-10]
A.
Any person
or persons, corporation, business entity, firm, association or otherwise,
who violates this article by failing to remove such vehicles or equipment
as set forth herein, shall be subject to a minimum fine of $150 and
a maximum fine of not more than $2,000. This fine shall be in addition
to all other violations set forth herein.
B.
All provisions
of this article may be enforced by the Township of Howell Code Enforcement
Department, Police Department, Director and Assistant Director of
Public Works or his or her designee or any other duly sworn authorized
Township official.
