§ 145-4Short title.
§ 145-5Statement of findings.
§ 145-6Definitions.
§ 145-7Parking.
§ 145-8Snow removal from private property.
§ 145-9Fire hydrants.
§ 145-10Enforcement.
§ 145-11Violations and penalties.
This article shall be known and may be cited as the "Daugherty Township Winter Maintenance Ordinance."
The Board of Supervisors of Daugherty Township finds that:
Snowstorms can and do impair the flow of vehicular traffic and emergency services which may result in conditions adverse to the welfare and safety of the residents of the Township and the people lawfully using the public roads within the municipal boundaries of Daugherty Township.
It is necessary in order to ensure the welfare and safety of the public that public roads be cleared of snow as promptly as possible.
Vehicles parked on public roads during the deposit or accumulation of ice or snow present a traffic hazard and impair the Townships ability to effectively remove all snow and ice from the roads in a safe and expedient manner. They further create a financial burden on the Township by requiring the Township Road Department to duplicate a service that could have been completed if not for the parking of said vehicles on the public roads.
Persons who push, place or shovel snow or ice from private driveways or sidewalks onto public roads in the Township are counterproductive to the removal of the snow or ice from the roads by the Township Road Department and further create conditions adverse to the welfare and safety of the residents of the Township and the people lawfully using the public roads.
Fire hydrants covered by snow or ice impair the ability of fire personnel to locate and effectively operate the apparatus in a time of emergency. The removal of snow and ice that has accumulated on or around a fire hydrant can significantly reduce the risk of loss of life and property and ultimately be beneficial to the health, welfare and safety of all residents served by the hydrant.
As used in this article, the following terms shall have the meanings indicated:
- BOARD OF SUPERVISORS
- The Board of Supervisors of Daugherty Township, Beaver County, Pennsylvania.
- CARTWAY
- A portion of a public road or right-of-way with an improved surface used for vehicular traffic. Width is determined from one edge of driving surface to the other and shall not include the stormwater gutter or face of curb.
- CATCH BASIN
- An inlet or vault usually covered with a grate and/or hood and located at the point where a street gutter or drainage ditch discharges into a storm sewer system and designed to prevent the clogging of the storm sewer through the filtration of sediment and debris from the flow of excess rain which is washed off of the road during a time of precipitation.
- CLEAR-SIGHT TRIANGLE
- A triangular area of unobstructed vision at the intersection of two public roads, a public road and a private road, a public road and a parking facility, or of a public road and a driveway. For public and private roads, this triangular area shall be formed by two intersecting center lines and a line interconnecting points established on each center line 75 feet from their point of intersection as detailed in Figure 3.1. For public roads and driveways, this triangular area shall be formed by two intersecting center lines and a line interconnecting points established on each center line 50 feet from their point of intersection as detailed in Figure 3.2. For a public road and the drive entrance of a parking facility, this triangular area shall be formed by two intersecting center lines and a line interconnecting points established on each center line 75 feet from their point of intersection as detailed in Figure 3.3. If ingress and egress from a parking facility are not served by a drive entrance, this triangular area shall be formed by the intersecting center line of the road and the edge of the parking facility where it meets the right-of-way and a line interconnecting the points established on the center line and the edge of the parking facility 75 feet from their point of intersection as detailed in Figure 3.4. This entire area is to remain clear of obstruction to sight above a plane established 3 1/2 feet in elevation from grade level at the intersection of a road's center line.
Figure 3.1
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Figure 3.2
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Figure 3.3
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Figure 3.4
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- DRIVEWAY
- A private area used exclusively for circulation and ingress and egress to a road or street by the landowner or visitors of a lot.
- PARKING FACILITY
- Any lot, municipally or privately owned, for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as agreed service or for a fee.
- PERSON
- An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- PRIVATE ROAD
- A road used for vehicular traffic owned and maintained by a private individual, organization, company, homeowners' association, housing co-op or other group of individual homeowners rather than by a government, which is authorized by an easement to a private party or which provides access pursuant to a reserved or private right.
- PUBLIC ROAD
- An alley, avenue, boulevard, highway, freeway, parkway, lane, street, viaduct and any other ways used by vehicular traffic but not including driveways, private roads, parking areas, sidewalks or walkways, which is accepted for dedication by the Board of Supervisors and maintained by Daugherty Township. Local road includes the entire right-of-way.
- RIGHT-OF-WAY
- A strip of land acquired by reservation, dedication, forced dedication, prescription, condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary or storm sewer and other similar uses; generally, the right of one to pass over the property of another.
- ROADSIDE SHOULDER
- The area of the right-of-way which is located adjacent to each side of the cartway and does not have an improved surface.
- SIDEWALK
- An improved pedestrian surface that is typically located adjacent to a road.
- TOWNSHIP
- Daugherty Township, a second class township located in Beaver County, Pennsylvania.
- TOWNSHIP MANAGER
- The Manager of Daugherty Township.
- VEHICLE
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks and including but not limited to automobiles, carriages, motorcycles, mopeds, scooters, quads, boats, jet skis, trailers, recreation vehicles, tractors and wagons.
It shall be unlawful to park or allow to be parked any vehicle on any public road and/or roadside shoulders within the municipal boundaries of Daugherty Township during inclement weather following the deposit or accumulation of ice or snow of two inches or greater in depth until the ice or snow has stopped falling and has been completely removed from the full width of the cartway.
It shall be unlawful for owners, occupants or tenants of property to dump, throw, shovel, pile or push any snow or ice removed from driveways, sidewalks, private roads or parking facilities onto any public road.
No snow, ice, slush or a combination thereof shall be pushed or deposited into any drainage area, stream, river, culvert or catch basin.
No snow, ice, slush or a combination thereof shall be deposited, pushed or maintained in a manner that creates a traffic hazard by obstructing the clear-sight triangle and impairing the visibility of motorists entering or exiting a driveway, private road, or parking facility from a public road.
No person shall damage any Township property, including but not limited to traffic signs, culverts, etc., while removing snow, ice, slush or a combination thereof. Any damage to Township property shall be repaired or replaced in accordance with the requirements of the Township at the expense of the property owner and/or snow removal agency.
Fire hydrants shall not be covered. The owner is hereby required to remove or cause to be removed all snow, ice, slush or any combination thereof or any accumulation and/or impediment which would limit access to, from and/or around all of the fire hydrants which are located on said property, so as to provide immediate access by fire personnel in cases of emergency. In cases involving a storm, fire hydrants shall be accessible and cleared of all snow, ice, slush or any combination thereof within 24 hours following the storm; in any event, any accumulation shall be removed not less than once in every twenty-four-hour period.
In cases where the owner, occupant or tenant, as aforesaid, shall fail, neglect or refuse to comply with the provisions of this section, or within the time period required therein, the Township may, in its discretion, proceed immediately to clear the snow, ice, slush or any combination thereof which would limit access to, from and/or around fire hydrants and to collect the expenses, with any additional amount allowed by law from fine or penalty imposed under § 145-11 of this article. In no case is the Township of Daugherty liable if it does not exercise the Township option for removal of snow, ice, slush or any combination thereof which would limit access to, from and/or around fire hydrants as defined within § 145-9.
The New Brighton Area Police Department, the Township Manager and/or his/her designee shall be the enforcement officer for this article. Enforcement officers are hereby authorized to remove any vehicle abandoned or parked upon any public roadway or street in violation of the terms and provisions of this article and to take any said vehicle to the nearest garage or other place of safety. The registered owner of any said vehicle shall be notified of the fact of the removal and of the place to which said vehicle has been removed, where he or she may obtain the same upon payment of any and all towing and storage charges. Neither the Township nor any of its officers or employees shall be held responsible for any damage to any vehicle occurring as a result of towing and/or storage of a vehicle parked in violation of the article.
Any person violating any of the provisions of this article shall, upon summary conviction before a Magisterial District Judge, be sentenced to pay a fine of not less than $50 and not more than $300 and the cost of prosecution, such fines to be collected as like fines are now collected by law and, in default, shall undergo imprisonment not exceeding 30 days.
