Within 24 hours after each fall of snow or sleet,
or within 24 hours after ice has formed on any sidewalk and/or gutters
situate in the Township of Falls, Bucks County, Pennsylvania, it shall
be the duty of the tenant or occupant of the real estate on which
such sidewalk is located, or in case the aforesaid real estate is
unoccupied, then it shall be the duty of the owner of the aforesaid
real estate, to completely clear and remove all such ice, snow or
sleet from the aforesaid sidewalks and/or gutters in front of and
around the aforesaid real estate.
[Added 4-6-2004 by Ord. No. 2004-7]
It shall be illegal to throw, shovel or plow
snow into or on any highway, road or street within the Township from
an adjoining property. Any such offense shall be subject to the violations
and penalties enforceable under this article.
[Amended 12-1-1977 by Ord. No 77-9; 7-28-1988 by Ord. No. 88-13; 1-25-2001 by Ord. No. 2001-1]
Any person, firm or corporation who violates
or permits a violation of this article shall be guilty of a summary
violation and, upon conviction, shall be sentenced to pay a fine of
not more than $1,000, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this article.
Each day a violation exists shall constitute a separate offense. In
default of the payment of any fine, the defendant shall be sentenced
to imprisonment to the extent allowed by law for the punishment of
summary offenses. Further, the appropriate officers or agents of the
Township are hereby authorized to file a citation for such summary
violation and seek any other available relief at law or equity, including
injunction, to enforce compliance with this article.
In the event that any such person or persons
shall not remove such ice, snow and sleet from the aforesaid sidewalks
and/or gutters, every day that the same shall remain on such sidewalks
and/or gutters shall constitute a separate offense, punishable by
like fine or penalty.
Any person violating any of the provisions of
this article after issuance of a notice of violation by the Board
of Supervisors or its authorized agent, setting forth the amount of
the fine as hereinbefore provided, may within five days, at his election,
plead guilty to the violation by signing such notice and paying said
fine without costs of prosecution at the Township Office in lieu of
a hearing before a District Justice.
[Amended 7-17-2002 by Ord. No. 2002-18; 4-3-2007 by Ord. No. 2007-2]
In any case where the owner, occupant or person
having possession of or the control over any such lot or parcel of
real estate shall be unknown or shall not reside within the limits
of the Township of Falls aforesaid, it shall be the duty of the Chief
of Police to notify the Secretary of the Board of Supervisors of the
location of such lot or lots, and thereupon the said Board of Supervisors
shall cause the ice, snow or sleet to be removed from the sidewalks
and/or gutters of such lot or parcel of real estate without delay
and the cost thereof shall be referred to the Township Solicitor,
who shall enter a municipal lien against such real estate in such
manner and at such time as municipal liens are, in such cases, made
and filed, and such municipal lien, when so filed, shall be a valid
lien upon such real estate.