[Adopted 1-23-1967 by Ord. No. 67-1]
A.Â
The following words, terms and phrases, as used in
this article, shall have the meanings given herein. When not inconsistent
with the context, words used in the singular include the plural, and
words in the plural include the singular, and words used in the present
tense include the future. The word "shall" is always mandatory.
B.Â
BOARD OF COMMISSIONERS
PERSON or PERSONS
SIDEWALK
SIDEWALK AREA
STREET
TOWNSHIP
As used in this article, the following terms shall
have the meanings indicated:
The Board of Township Commissioners, Department of Public
Works or its authorized representative.
Any person or persons, male or female, corporation, partnership,
association, company, individual, owner, occupant, lessee, tenant
or any organization.
The footway or that part of the sidewalk area that is paved.
The area between the curbline and the side of the right-of-way.
Any highway or street within the Township of Upper Gwynedd
opened to public use and maintained by the state, county or Township.
The Township of Upper Gwynedd, Montgomery County, Pennsylvania.
The allowance or permitting of or the causing
of snow or ice to lie upon, remain upon or be piled or accumulated
upon the sidewalks of the Township shall constitute a public nuisance.
It shall be the duty of the tenant, occupant
or occupiers of occupied property or premises or the person in charge
of unoccupied property or premises and vacant ground within the Township,
not later than 24 hours after snow has ceased to fall or the formation
of ice has occurred, to clear or cause to be cleared a pathway in
the paved footway or sidewalk of the street or highway upon which
such premises or property abuts. Such pathway shall not be less than
24 inches in width and shall be thoroughly cleared to that extent
of snow and ice or other obstructions.
A.Â
Snow or ice removed from sidewalk areas shall be placed
on the abutting property.
B.Â
If there shall be an excessive amount of snow or ice
and there is no longer any place on the abutting property to shovel
the snow, then it may be placed along the curbline but not in the
street. No snow or ice shall be pushed or thrown from any property
onto any roadway within the Township.
[Amended 3-25-1996 by Ord. No. 96-4]
C.Â
Should the snow and ice on the sidewalk be frozen
so hard that it cannot be removed without injury to the pavement or
damaging the base of the footpath, the person charged with the responsibility
of the snow and ice removal shall cause the sidewalk abutting or adjacent
to such premises to be strewn and to be kept strewn with ashes, sand,
salt, sawdust or any suitable abrasive material and shall, as soon
thereafter as the weather shall permit, thoroughly clean such sidewalks.
D.Â
It shall be illegal to throw or pile any snow around
or upon any fire hydrant.
[Amended 4-22-1985 by Ord. No. 85-6]
A.Â
Any person or persons, firm or corporation who shall
violate any of the provisions of this article, 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 article 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 article, 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[1]]
B.Â
Each day a violation is committed shall constitute
a separate offense and shall be punishable as such hereunder.
C.Â
This section shall not preclude the Township from
any other remedy it may have at law or equity.
