A.
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.
BUSINESS DAY
OWNERS
PARKING LOT
PROPERTY OWNER
SIDEWALK
SNOW AND ICE EMERGENCY
SNOW EMERGENCY ROUTE
STREET
TENANT
TOWNSHIP
As used in this article, the following terms shall
have the meanings indicated:
Any day on which the property owner providing required parking
would conduct business, including the rental of rooms or apartments,
requiring parking for customers, employees or residents.
The real or equitable owners of property abutting sidewalks
or streets, as defined in this article.
Parking spaces and drives, fire lanes or other accessways
provided for parking of motor vehicles as required by the Whitemarsh
Township Code.
Any person or persons, male or female, corporation, partnership,
association, company, individual, owner, occupant, lessee, tenant
or any organization.
A paved path or footwalk for public use located between the
cartway or curbline and right-of-way of any public or municipally
maintained street or highway.
A declaration by the Township Manager, or his/her designee,
that provides a temporary change to the use of streets as parking
to allow for snow removal and emergency response.
[Added 9-8-2022 by Ord. No. 1016]
Any streets within Whitemarsh Township as defined by this
article or privately maintained streets that have a Township-assigned
street name.
[Added 9-8-2022 by Ord. No. 1016]
Any highway within the Township of Whitemarsh, when maintained
by either the Commonwealth of Pennsylvania, the County of Montgomery
or the Township of Whitemarsh.
The occupant, lessee, tenant or person having charge of any
building, lot or parcel of ground abutting the sidewalk or street,
as defined in this article.
The Township of Whitemarsh, or any of its authorized agents
or employees.
[Amended 2-13-1997 by Ord. No. 695]
The provisions hereafter set forth in this article
shall apply to snow and ice clearing in the Township. It shall be
unlawful for any property owner to:
A.
Deposit or permit to be deposited and keep, except
upon permits issued by the Township, any rubbish, trash or materials
of any character whatsoever, upon a sidewalk or street within the
Township.
B.
Allow or permit snow or ice to lie upon, remain upon
or be piled or accumulated upon a sidewalk within the Township for
more than 24 hours.
C.
Allow or permit snow or ice to lie upon, remain upon
or be piled or accumulated upon a parking lot for more than one business
day.
It shall be the duty of a property owner, not
later than 24 hours after snow has ceased to fall, to clear or cause
to be cleared a pathway in the sidewalk upon which such property abuts.
Such pathway shall not be less than 30 inches in width and shall be
thoroughly cleared to that extent of snow and ice or other obstruction.
[Added 9-8-2022 by Ord. No. 1016]
In order to facilitate the movement of traffic and to combat
the hazards of snow and ice on the snow emergency routes, the Township
Manager or his designee in his discretion, may declare a snow and
ice emergency (designated in this article as a "snow emergency").
Information on the existence of a snow emergency may be given by the
Township through radio, newspaper or other available media, and information
on the termination of the emergency may be given by use of the same
media.
[Amended 6-13-1991 by Ord. No. 623; 9-8-2022 by Ord. No. 1016]
Following the deposit or accumulation of ice
or snow of three inches or greater in depth or a declaration of snow
emergency, parking on any street in the Township shall be limited
to one side of the street only until the snow has been completely
plowed for the full width of the cartway. Motor vehicles may be parked
on the even-address side of the street on even-numbered calendar years
and on the odd-address side of the street on odd-numbered calendar
years. On streets where parking restrictions are permanently in effect,
such restrictions shall prevail.
Snow or ice removed from sidewalk areas shall
be placed on the property of the owner adjacent to the removal area.
Excessive amounts of snow or ice may be placed in the area between
the sidewalk and the curbline, but not in the street. If the snow
and ice is frozen so hard that it cannot be removed without injury
to the pavement or damaging the base of the footpath, the owner of
the adjacent property shall cause the sidewalk abutting or adjacent
to such premises to be strewn and to be kept strewn with ashes, sand,
sawdust or any suitable abrasive material and shall, as soon thereafter
as the weather shall permit, thoroughly clean such sidewalks. Fire
hydrants shall not be covered with snow or ice.
In addition to the penalties hereinafter provided, the Township shall be authorized to remove or cause the removal of any vehicle parked in violation of § 103-27 and to store said vehicle in a public garage or other place of safety selected by the Township. Said registered owner of said vehicle, if known, together with the address, shall be notified in writing of the fact of said removal and the place of deposit of said vehicle; and said vehicle may be reclaimed and surrendered upon payment of towing and storage charges.
[Amended 12-8-1988 by Ord. No. 565; 2-13-1997 by Ord. No.
695]
A.
Any property owner who violates § 103-25B and C and who shall fail to keep the sidewalk(s) or parking lot(s) free and clear of snow and ice or shall fail to cover ice with ashes or other appropriate material for the safety of pedestrians shall be given, by any police officer or Code Enforcement Officer of Whitemarsh Township, a written warning indicating the nature of the offense and the date of the offense and bearing the statement that no prosecution shall be instituted for 24 hours thereafter if, during the twenty-four-hour period, the offender shall clear the snow or ice. In the event that such property owner fails to comply with such warning, the offense will thereafter be prosecuted in accordance with Subsection B of this section.
B.
Any property owner violating Subsection A or any of the other provisions of this article shall, upon conviction, be sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such costs and prosecution, imprisonment for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.
