[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Gwynedd 7-25-1966 by Ord. No. 66-12. Amendments noted where applicable.]
The operation of heavy construction or demolition equipment upon construction or demolition projects within the Township of Upper Gwynedd, except as specified in § 113-2 hereof, shall be prohibited between the hours of 6:00 p.m. and 7:00 a.m., and on Sundays and legal holidays established by the Commonwealth of Pennsylvania.
The prohibition set forth in § 113-1 of this chapter shall not apply where the operation of such equipment is necessary to restore any service supplied by a public utility or by any municipal or quasi-municipal body, nor to equipment engaged in the removal of snow.
[Amended 4-22-1985 by Ord. No. 85-6]
Any person or persons, firm or corporation who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.
[Amended 11-23-1992 by Ord. No. 92-15]
Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.
This section shall not preclude the Township from any other remedy it may have at law or equity.