Township of East Cocalico, PA
Lancaster County
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Table of Contents
Table of Contents
[Adopted 10-19-1983 by Ord. No. 1983-05]
The following definitions shall apply in the interpretation and enforcement of this article:
OWNER
Any person, firm, association, syndicate, copartnership or corporation being one or more of the record owners the property.
PERSON
Any individual, firm, association, syndicate, copartnership or corporation.
POSSESSOR
Any person, firm, association, syndicate, copartnership or corporation having any possessory or proprietary interest in any land.
SIDEWALK
That paved area beside the curb or edge of the roadway intended for use by pedestrians.
THOROUGHLY CLEANED
The full removal of all snow and ice from the pathway such that there is a dry surface therein capable of supporting any individual without danger of slipping or falling.
Every possessor of any building or lot of land within the Township fronting or abutting on a sidewalk shall remove and clear away and have thoroughly cleaned, or cause to be removed and cleared away and thoroughly cleaned, from all sidewalks fronting or abutting on their land or building, snow and ice to a path at least 24 inches wide within 24 hours after the snow or ice shall have ceased to fall or to be formed.
In the event snow or ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, every possessor of any building or lot of land within the Township fronting or abutting on a sidewalk shall, within 24 hours after the snow or ice shall have ceased to fall or to be formed, remove all snow and ice that can be removed without damage to the sidewalk and they shall further cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe and shall then, as soon thereafter as weather permits (but no later than 48 hours thereafter), cause a path in said sidewalk to be made of at least 24 inches in width to be thoroughly cleaned.
In the case where the possessor of any building or lot of land in the Township fronting or abutting on a sidewalk shall fail, neglect or refuse to comply with the provisions of this article within the time limit prescribed herein, the Township may proceed immediately to clear all snow and/or ice from the sidewalk (and/or place thereon sand or other abrasives) of such delinquent, and to collect the expense thereof, with an additional amount of 20% thereof, from the owner, which may be in addition to any fine or penalty imposed in § 189-14 of this article.
In all events the owner of the land shall always be additionally responsible for conforming to the requirements of this article regardless of how the property is occupied or the terms and conditions of any lease or other agreement between the owner and any other occupier or possessor to the contrary.
[Added 3-17-2004 by Ord. No. 2004-02]
The Zoning Officer, upon ascertaining that a property is in violation of this article, shall give a written notice by first-class mail or certified mail, return receipt requested, or by hand-delivered letter, to the owner or occupant of the property that is in violation of the provisions of the article, and shall direct the owner or occupant to remove the snow and/or ice to conform to the requirements of the article within 24 hours. In the event the owner or occupant of the property fails to comply with the notice, the Township may bring an appropriate action before the Magisterial District Judge for a violation of the article.
[Amended 3-17-2004 by Ord. No. 2004-02; 2-7-2007 by Ord. No. 2007-02]
Any possessor of any tract of land located within the Township fronting or abutting a sidewalk who shall have failed to remove any snow or ice from the sidewalk as required herein, or who removes the same otherwise than is required herein, shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.