[Adopted 7-14-1987 as Ord. No. 218]
Unless otherwise expressly provided, the following words shall, for
the purposes of this Article, have the following meanings:
That portion of any parcel of real property outside of the cartway
or hard or paved portion of any parcel of real property, but within the right-of-way
or future right-of-way which is not paved but is customarily used by pedestrians
in the regular course of travel over the parcel of real property.
Any natural person, partnership, firm, corporation or other legal
entity, including singular and plural, male and female, owning any parcel
of real property located in Lower Makefield Township.
The party in control of the parcel of real property shall be the
tenant or occupant of said real property; or in case the real property is
unoccupied, the "party in control" shall be the owner of said real property.
Any portion of a parcel of real property that is customarily used
by pedestrians in the regular course of travel over the real property, which
said pedestrian right-of-way shall include but not be limited to bike paths,
access easements, as well as footpaths and sidewalks.
The hard or paved portion of any parcel of real property which is
customarily used by pedestrians in the regular course of travel over the parcel
of real property.
Within 12 hours after each fall of snow or sleet or within 12 hours
after ice has formed on any sidewalk, footpath or other pedestrian right-of-way
in the Township of Lower Makefield, Bucks County, Pennsylvania, it shall be
the duty of the party in control of the real property on which said sidewalk,
footpath or pedestrian right-of-way is located, to clear and remove all such
ice, snow or sleet from the aforesaid sidewalk, footpath and/or pedestrian
right-of-way and to keep the said area clear of ice, snow and/or sleet. For
the purpose of this section, it shall be the responsibility of the owner to
remove all snow, ice or sleet from the sidewalk of any parcel of real property
that is used or occupied by more than one residential or commercial tenant.
The party in control shall clear said sidewalk, footpath or other pedestrian
right-of-way to a minimum width of 36 inches, regardless of the width of the
sidewalk, footpath or pedestrian right-of-way. In clearing a sidewalk, footpath
or other pedestrian right-of-way, all ice, snow and sleet shall be moved from
the surface of said sidewalk, footpath or pedestrian right-of-way.
All snow, ice and sleet removed from a parcel of real property shall
not be deposited on any public or private street.
In any situation where the owner or party in control of a parcel of
real property has failed to comply with the terms and conditions of this Article
and the Township Manager determines that it is in the public interest to have
the Township cause the ice, snow or sleet to be removed from the sidewalks,
footpaths and/or pedestrian rights-of-way, then the Township shall be free
to do so and the costs of the same shall be entered as a municipal lien against
said real property in such manner and 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.
A.
[1]If any party in control or the owner of any real property located
in Lower Makefield Township shall neglect or refuse to clear and remove all
such ice, snow or sleet as aforesaid within the required period or shall deposit
the same in the street, he, she, it or they shall be liable, upon conviction
thereof, to the following fines and costs:
(1)
For a conviction resulting from a first offense during
any calendar year, a fine not exceeding $10, plus costs of prosecution, including
reasonable attorney's fees for each separate lot or parcel of real property.
(2)
For each subsequent offense during a calendar year, a
fine not exceeding $20, plus costs of prosecution, including reasonable attorney's
fees for each separate lot or parcel of real property.
B.
It shall be considered a separate offense for each day
the owner or person in control fails to comply with the provisions of this
Article.
C.
Any person violating any of the provisions of this Article,
after issuance of a notice of said violation by the authorized representative
of the Township, setting forth the amount of the fine as heretofore provided
may, within five days, at their election plead guilty to the violation by
signing such notice and paying said fine without the costs of prosecution.[2]
