[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]
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.
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.
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.
[Adopted by Ord. No. O-80-8 (§ 3-8A
of the 1974 Code)]
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.