[Adopted 9-19-1978 by Ord. No. 78-22 (Ch. 21, Part 2, of
the 1992 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A footpath is that portion of any parcel of real estate outside
of the cartway but within the right-of-way or future right-of-way
which is not paved and is customarily used by pedestrians in the regular
course of travel over the parcel.
The party in control of a parcel of real estate shall be
the tenant or occupant of said real estate; or in case the real estate
is unoccupied, the party in control shall be the owner of said real
estate.
A sidewalk is the hard or paved portion of any parcel of
real estate which is customarily used by pedestrians in the regular
course of travel over the parcel.
Within 24 hours after each fall of snow or sleet, or within
24 hours after ice has formed on any sidewalk, footpath and/or drainage
facility situate in the Township of Middletown, Bucks County, Pennsylvania,
it shall be the duty of the party in control of the real estate on
which such sidewalk, footpath and/or drainage facility is located
to clear and remove all such ice, snow or sleet from the aforesaid
sidewalk, footpath and/or drainage facility in front of and around
the aforesaid real estate and to keep said area clear.
The party in control shall clear said sidewalk or footpath to
a minimum width of 36 inches regardless of the width of the sidewalk
or footpath. In clearing a sidewalk, all ice, snow and sleet shall
be removed to the surface of the sidewalk. In clearing a footpath,
it is sufficient if all ice, snow and sleet is removed so as to cause
the path to be no more than two inches from the ground surface.
All snow, ice and sleet removed from a parcel of real estate
shall not be deposited in the street.
[Amended 12-1-1992 by Ord. No. 92-13; 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
In the event that any such person or persons shall not remove
such ice, snow and sleet from the aforesaid sidewalks, footpaths and/or
gutters, every day that the same shall remain on such sidewalks and/or
gutters shall constitute a separate offense, punishable by like fine
or penalty, and such occasion on which such ice, snow or sleet is
deposited in the street shall constitute a separate offense punishable
by like fine or penalty.
Any person violating any of the provisions of this article after
issuance of a notice of violation by the Board of Supervisors or its
authorized agent setting forth the amount of the fine as hereinbefore
provided may, within five days, at his election, plead guilty to the
violation by signing such notice and paying said fine without costs
of prosecution at the Township office in lieu of a hearing before
the Magisterial District Judge.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
In any case where the owner, occupant or person having possession
of or the control over any such lot or parcel of real estate shall
be unknown or shall not reside within the limits of the Township of
Middletown aforesaid, it shall be the duty of the Chief of Police
to notify the Secretary of the Board of Supervisors of the location
of such lot or lots, and thereupon the said Board of Supervisors shall
cause the ice, snow or sleet to be removed from the sidewalks and/or
gutters of such lot or parcel of real estate without delay, and the
cost thereof shall be referred to the Township Solicitor, who shall
enter a municipal lien against such real estate in such manner and
at such time as municipal liens are, in such cases, made and filed,
and such municipal lien, when so filed, shall be a valid lien upon
such real estate.
Whenever the requirements of this article are in conflict with
other requirements of the ordinances of the Township, the most restrictive
or those imposing the higher standards shall govern.
