[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Southampton 1-21-1986 as Ch. 7, Part 3, of the 1986 Code.
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 174.
No person shall park, stop, load, unload or
permit to stand, whether attended or unattended, any vehicle of any
kind in an area designated by the Board of Supervisors of Upper Southampton
Township as a fire zone and where either official signs have been
erected or the roadway has been lined and painted giving notice thereof.
[Amended 3-18-2003 by Ord. No. 356]
The following areas are hereby designated as
fire zones:
A.
All areas of four or more stores, businesses or single
nonresidential buildings of 5,000 square feet or greater shall have
an area extending around the perimeter of every building or structure
located thereon the width of 20 feet measured from the outside wall
or from the edge of the curb. If a curb exists in front of the structure
therein, whichever measurement will provide a greater distance.
Every owner of a commercial or industrial building,
or of an apartment building, or of the shopping centers aforesaid,
within 30 days of receipt of written notice from the Board of Supervisors,
shall cause to be posted conspicuously in the areas designated as
fire zones, official signs giving notice thereof to the public; or,
if deemed appropriate by the Board of Supervisors, shall cause the
areas designated as fire zones to be lined and marked with yellow
paint, identifying the said areas as fire zones.
[Amended 6-7-1988 by Ord. No. 256; 6-19-2012 by Ord. No.
414]
Any violation of this chapter shall be enforced
by action brought before a District Justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and/or to imprisonment for a
term not to exceed 10 days. Each day that a violation of this chapter
continues, or each section of this chapter which shall be found to
have been violated, shall constitute a separate offense. For purposes
of this section, the doing of any act or thing prohibited by any provision
of this chapter, or the failure to do any act or thing as to which
any provision of this chapter creates an affirmative duty, shall constitute
a violation of this chapter punishable as herein stated.
A.
Any Police Officer of the Township or the Fire Marshal or any of his deputies, whenever an offense as described in this chapter is committed in his presence, shall be vested with the authority to stop and present to the alleged offender a printed notice to appear before a District Justice. The notice shall have the full force and effect of a summons issued in the name of the Township. The notice to appear shall bear the name and address of the alleged offender, if known, the license number and type of vehicle with which the alleged offense is being committed, the nature of the offense charged, the location, date and time where and when the alleged offense took place, and shall be signed by the police officer, Fire Marshal or Deputy Fire Marshal issuing the notice, and shall bear his name or number, and the date and time for the appearance of the alleged offender before the designated District Justice. The date and time for appearance shall be not less than five days or more than 15 days from the date of the alleged offense. Seventy-two hours after presenting to the alleged offender the printed notice, or leaving same on the motor vehicle, as provided herein, the persons issuing the said notice shall file a sworn complaint with the District Justice having jurisdiction charging the violation of this chapter unless payment is received pursuant to Subsection B of this section.
B.
Any offender who receives a notice to appear as provided in Subsection A of this section has the privilege of paying the fine of $20 within 72 hours after the time of the offense by entering a plea of guilty and waiving appearance in court; said fine shall be paid at the office of the Township Police Department by cash, or by certified check or money order drawn to the order of the Treasurer of Upper Southampton Township.
[Amended 3-18-2003 by Ord. No. 356]
In any proceeding for a violation of this chapter,
the registration plate displayed on a vehicle or the name of a person,
firm or corporation, shall be prima facie evidence that the owner
of such vehicle, or the person, firm or corporation whose name appears
thereon, was the offender at the time and place alleged.
Complaints charging violations of this chapter
shall be brought within 15 days after the commission of the alleged
offense and not thereafter, except that where a complaint is filed
against a person prima facie guilty of the said offense, and it subsequently
appears that a person other than the person named in the complaint
was the offender, a complaint may be filed against such other person
within 15 days after his identity shall have been discovered.
