Township of Allegheny, PA Snow and Ice Removal

The period from November 1 to April 30, inclusive, or such period as the Board of Supervisors of the Township may hereinafter designate by ordinance, resolution or amendment.

§ 219-28 Prohibited activity.

No person shall deposit or permit to be deposited, except upon permission by the Township, any snow or ice whatsoever upon any public roadway dedicated and accepted by the Township and/or maintained by the Township.

No person shall park a motor vehicle or other vehicle on any public roadway in the Township during winter maintenance operation months.

No person shall remove snow or ice from any driveway or private road and deposit the same onto, across, or along any public roadway.

§ 219-29 Protection of public roadways from snowdrifts.

The Board of Supervisors or its duly authorized agents may enter private property adjacent to any public roadway and place thereon a snow fence to within a limit of 100 feet from the right-of-way line of the public road in order to eliminate snow drifting on the traveled portion of the public roadway.

A snow fence may not be placed before the first day of November or remain in place after the first day of April of the succeeding year unless the written consent of the owner is obtained, agreeing to an extension of time for the removal of the snow fence.

§ 219-30 Violations and penalties.

Any person shall be guilty of a summary offense when such person:

(1)

Violates any provision of this article; or

(2)

Fails to comply with any condition or requirement in accordance with any provision of this article.

A separate summary offense shall arise:

(1)

For each day or portion thereof in which a violation is found to exist; or

(2)

For each provision of this article which is found to have been violated; or

(3)

For each condition or requirement of this article which is found not to have been complied with.

Violations.

(1)

Any person, upon violation of this article, will first receive a written notice of violation. Subsequent violations will be as follows:

(a)

First violation: fine of $50, payable to the Township of Allegheny within seven days;

(b)

Second violation: $100, payable to the Township of Allegheny within seven days;

(c)

Third violation: payable to the Township of Allegheny within seven days.

(2)

Nonpayment of fines listed will result in court adjudication with the District Magistrate as follows.

Summary offenses.

(1)

Any person, upon conviction of any summary offense under this article, shall be sentenced to pay a fine of not more than $500 per violation, and in default of the payment thereof, shall be sentenced to imprisonment up to the maximum extent allowed by law for the punishment of summary offenses.

(2)

The enforcement of any violation of this article as being a summary offense shall be brought by an appropriate action before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under the Pennsylvania Rules of Criminal Procedure relating to trial in summary cases.

In addition to the penalties herein provided, the Township shall have the authority, and it is hereby authorized, to remove or impound, or to order and cause the removal and impoundment of, any vehicle parked in violation of § 219-28 hereof. Removal and impoundment of vehicles under this article shall be done only by either Township personnel or approved agents that shall be designated from time to time by the Township Manager or Board of Supervisors. Every such approved agent shall submit evidence to the Township that it is bonded or has acquired appropriate liability insurance in an amount satisfactory as sufficient to indemnify the Township and the owners of impounded vehicles and objects thereon and therein against loss or damage thereof in the custody of the approved agent. The Township shall cause a record to be kept of all vehicles and objects hereon and therein, if any there may be, impounded under the authority of this article and shall be able at all reasonable times to furnish the owner, lessee or other person having an interest therein with the information as to the place of storage of such vehicle and objects.

(1)

To reclaim any vehicle or any object on or in such vehicle removed pursuant to the provisions of this article, the owner, lessee or other person having an interest therein shall pay all removal and storage costs.

(2)

The payment of removal and storage charges shall not relieve the owner, lessee or other person having any interest in such vehicle from any liability for any fine or penalty for the violation of the provisions of this article for which the subject vehicle was removed and/or impounded.

All fines and costs collected for any violation as prescribed in this article shall be paid to the Township Treasurer.

§ 219-31 Enforcement.

The Board of Supervisors shall be charged with the enforcement of this article and may delegate the initial determination of ordinance violation and the service of notice of violation to such officers or agents as the Township shall deem qualified for that purpose through the issuance of warning tickets. Warning tickets issued shall be on a form attached hereto and made part of this article[1] and shall be kept on file at the Township office for a period of one year.

[1]

Editor's Note: Warning ticket examples are on file in the Township offices.