Upon motion by _______________________, seconded by _________________________, the following Ordinance was duly enacted, _____ voting in favor of enactment, _____ voting against enactment.

 

ORDINANCE   99-7

 

 

An Ordinance of Millcreek Township, Erie County, Pennsylvania establishing regulations to be effective during weather events and Township efforts to clear streets thereafter, said regulations requiring removal of vehicles from streets during weather events, providing for limited notice where vehicles are found upon the streets and for towing of vehicles at the owners’ cost, providing for the clearing of streets in event of emergencies, prohibiting the accumulation or depositing of snow removed from private properties onto the rights of way of Township streets or so as to obscure or obstruct access to fire hydrants; declaring such violations to be public nuisances; establishing penalties for violation and containing repealor and severability clauses.

 

 

WHEREAS, it is the duty of the Township to remove snow and ice from Township streets and from State highways maintained by the Township; and

 

WHEREAS, the proper maintenance and clearing of snow and ice from public streets and highways is necessary for protection of the general health, safety and welfare and takes precedence over private convenience; and

 

WHEREAS, all or virtually all properties in Millcreek Township have driveways or other off-street parking areas; and

 

WHEREAS, the parking of private vehicles on cartways of Township streets and State highways maintained by the Township during snow and other weather events has seriously hampered Township efforts to remove snow and ice from streets and has exposed such vehicles and Township personnel and vehicles to unreasonable risk of damage or injury; and

 

WHEREAS, Ordinance No. 64-1 enacted on February 10, 1964 has prohibited the accumulation or deposit of snow removed from private properties upon the limits of any street or road; and

 

WHEREAS, the Board of Supervisors finds that it is necessary for the public health, safety and welfare that regulations be established which ensure that public streets and fire hydrants are properly maintained and that unnecessary risk of damage or injury to property and persons is avoided.

 

IT IS HEREBY ORDAINED AND ENACTED by the Board of Supervisors of the Township of Millcreek, Erie County, Pennsylvania, and it is ordained and enacted, as follows:

 

1.01.    Common Name.   This Ordinance shall be known as the Weather Events Regulations Ordinance.

 

1.02.    Definitions.

 

1.02.1  Cartway - As defined in the Subdivision and Land Development Ordinance, shall mean that portion of a street which shall be improved by surfacing with permanent or semi-permanent material, intended for vehicular traffic.

 

1.02.2  Weather Event - For purposes of this Ordinance, shall mean and include snow, sleet, freezing rain, ice and any other weather event which results or reasonably can be expected to result in accumulation upon a street or highway of snow or ice.  The term shall extend during the period of the event and thereafter until such time as the streets can be fully cleared.

 

1.03.    Declaration of Prohibited Acts as Public Nuisances.    Any matters referred to in this Ordinance as being unlawful are hereby declared to be public nuisances and removable as such.  If the cost of such removal is not promptly paid, Millcreek Township shall be authorized to file a municipal lien against the subject property or otherwise collect sums due as authorized by law.

 

1.04.    Enforcement   This Ordinance shall be enforced in accordance with the provisions of Ordinances Nos. 96-8 and 96-9.  In the event the Township is obligated to institute a civil complaint for enforcement, all attorneys’ fees incurred by Millcreek Township with respect to such enforcement action shall be the responsibility of the violator, in accordance with Ordinance 96-9.

 

1.05.    Severability.   If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of any of the remaining provisions of this Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect.  It is hereby declared the legislative intent that this Ordinance would have been adopted had such valid or unconstitutional provision of its application not been included herein.

 

1.06.    Repealor.   All Ordinances or parts of any Ordinances inconsistent herewith are hereby repealed.

2.01.    Parking Prohibited During Weather Events.   It shall be unlawful and a violation of this Ordinance for any person to park or leave standing along the paved cartway of any public street or State highway maintained by the Township within the confines of Millcreek Township any vehicle during any snow, ice or other weather event requiring the performance by Millcreek Township of plowing, salting or other removal services to clear the said streets and highways.

 

2.02.    Notice and Removal of Parked Vehicles.

 

2.02.1  In the event any vehicle is found to be parked  or standing on or upon the cartway of a Township street or State highway maintained by the Township during a weather event, a notice shall be placed on or upon the windshield of such vehicle.  Such notice shall set forth the date and time of the notice and advise that such vehicle is in violation of this Ordinance and will be towed at the owner’s cost if not removed from the cartway of the street within twelve (12) hours after the time of the notice.  The Township employee or official affixing such notice shall maintain a written record of the date and time of the notice, the street and the make, model and registration number of the vehicle.

 

2.02.2  If any vehicle upon which such notice is placed or affixed is not removed from the cartway of said street within twelve (12) hours after such notice is given, the vehicle shall be towed at the owner’s expense in accordance with the Township’s ordinances, regulations and agreements governing emergency towing of vehicles.

 

2.02.3  If any vehicle has been the subject of two (2) events of notice of violation during any single plowing season and is thereafter found parked or standing on or upon the cartway of any street or highway, such vehicle shall be towed immediately at the owner’s cost without any further notification being required or given.

 

2.03.    No Notice Required if State of Emergency Declared.   In the event a state of emergency due to serious snow, ice or similar events should be declared by Millcreek Township and communicated to the public through the news media, notice requirements of this Ordinance shall not in such case apply, such that any vehicle found parked or standing on or upon the cartway of a public street or highway shall be towed at the owner’s expense without any prior notice.

 

2.04.    Administration and Enforcement.   The Roadmasters and Streets Department are authorized and directed to administer the regulations of this Ordinance with respect to the identification of vehicles and the placement of notices and maintenance of records of notices given. The Police Department is authorized and directed to assist administration through provision of ownership records information as required.  The Police Department shall enforce this Ordinance, with respect to the towing of vehicles and the issuance of citations for violation.  The Police Department shall maintain records identifying the sites at which vehicles towed under this Ordinance shall be located.  Procedures for towing of vehicles and payment of costs thereof by the vehicles’ owners shall be in accordance with the Township’s ordinances, regulations and agreements governing emergency towing of vehicles.

 

2.05.    Penalties for Violation.

 

2.05.1  Any person who shall cause or allow a vehicle to be parked or standing on or upon the cartway of a Township street or State highway maintained by the Township during a weather event in violation of this Ordinance more than two (2) times in any single plowing season shall violate this Ordinance and, in addition to liability for expenses of towing under this Ordinance, shall pay an administrative fine as set forth below.  In the event an administrative fine is not paid within fifteen (15) days after the date of the enforcement notice, enforcement shall be in accordance with the manner of enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, by citation issued and heard by the District Justice having appropriate jurisdiction.  In such case, the criminal fine set forth below for each such offense is prescribed and shall be imposed, in addition to all costs and attorneys’ fees incurred by the Township in accordance with Ordinances 96-8 and 96-9.  It is the express intention of this Ordinance that the amount of fines prescribed shall increase for each subsequent violation.

 

# Violation                                Administrative Fine                   Criminal Fine

 

      3                                                    $200.00                           $300.00

      4                                                    $300.00                           $400.00

      5                                                    $400.00                           $500.00

      6 or more                                       $500.00                           $600.00

 

2.05.2  Any person who shall cause or allow a vehicle to be parked or standing on or upon the cartway of a Township street or State highway maintained by the Township after declaration of a weather emergency shall violate this Ordinance and, in addition to liability for expenses of towing under this Ordinance, shall pay an administrative fine of $300.00.  If  an administrative fine is not paid within fifteen (15) days after the date of the enforcement notice, enforcement shall be in accordance with the manner of enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, by citation issued and heard by the District Justice having appropriate jurisdiction.  In such case, a criminal fine of $500.00 is prescribed and shall be imposed, in addition to all costs and attorneys’ fees incurred by the Township in accordance with Ordinances 96-8 and 96-9.  

 

2.06.    Township Not Liable for Damage to Unlawfully Parked or Standing Vehicles.   Millcreek Township shall not be liable for any damage or loss to any vehicle unlawfully parked or standing on or upon the cartway of a Township street or State highway maintained by the Township in violation of this Ordinance, whether such damage result from snow or ice removal services, the giving of notices required by this Ordinance, towing or otherwise.  Any person allowing a vehicle to be parked or left standing on or upon the cartway of a street or highway in violation of this Ordinance does so at his or her sole risk of harm.

 

3.01.    Accumulation or Deposit of Snow on Public Streets Prohibited   It shall be unlawful for any person to accumulate or deposit snow or ice removed from any private property or from lands outside a street’s cartway on or upon the cartway or right of way of a Township street.

 

3.02.    Accumulation or Deposit of Snow So As to Obscure or Obstruct Access to Hydrants Prohibited.    It shall be unlawful for any person to accumulate or deposit snow or ice removed from any property or from lands outside a street’s cartway so as to do either or both of the following:

 

3.02.1  Obscure visibility of a fire hydrant; or

 

3.02.2  Obstruct or impede access to any fire hydrant.

 

3.03.    Notice to Remove Accumulation    Any person who shall remove or cause or allow to be removed snow and/or ice from any private driveway, private property or other lands outside the cartway of a public street so as to create what is deemed by the Township Streets Department to be an obstruction of the street, fire hydrant or any facility within it shall immediately remove such obstruction upon receipt of notice from the Township to do so.

 

3.04.    Penalties for Violation

 

3.04.1  Any person violating this Ordinance by accumulating or depositing snow or ice removed from a private property or lands outside the cartway of a public street onto the cartway of a Township street or so as to obscure the visibility of or obstruct access to a fire hydrant shall be subject to an administrative fine of $75.00.  Should such administrative fine not be paid within fifteen (15) days after the date of the enforcement notice, a civil fine for violation is fixed at $150.00.

 

3.04.2  Any person violating this Ordinance by failing or refusing to remove an obstruction immediately after receipt of the Township’s notice to do so shall be subject to an administrative fine of $150.00.  Should such administrative fine not be paid within fifteen (15) days after the date of the enforcement notice, a civil fine for violation is fixed at $250.00.

 

3.05.    Administration.    The Millcreek Township Police Department, Streets Department and Code Administrator are authorized to administer this Section and to give such notices as are required herein.  The Code Administrator shall be responsible for the issuance of administrative enforcement notices and for institution of civil actions as required.

 

BE IT ENACTED this   2nd   day of March, 1999.

 

 

 

_______________________________________

    Suzanne R. Weber, Secretary 


 

 

 

Township Ordinances

Summary of Ordinances - 1999