[HISTORY: Adopted by the Board of Commissioners
of the Township of South Whitehall 11-17-1993 by Ord. No. 573-A.
Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 304.
"An ordinance requiring enhancement of the nighttime
visibility of chains, cables, gates, rails and other devices used
to control access onto specified hard-surfaced areas."
For the purposes of this chapter and any rules
and regulations promulgated pursuant thereto, the following definitions
shall apply:
Any device that extends across an accessway for a road, parking
lot or other hard-surfaced area, which is intended to prevent, control
or discourage passage.
Materials or devices similar to those attached to bicycles,
road markers and other objects, which reflect the light of automobile
headlamps so as to make the location and existence of the attached
object more discernible at nighttime and at other periods of inadequate
lighting.
Parking lots, driveways, basketball courts, playgrounds and
the like that may intentionally or unintentionally provide a surface
accessible to motor or mechanically driven vehicles, whether temporary
or permanent, exclusive of such areas which are located on lots used
primarily for single-family dwellings or for agricultural uses.
All owners of specified hard-surfaced areas
utilizing chains, cables, gates, rails or other barriers to control
access to all or portions of such areas shall enhance the nighttime
visibility of such barriers and make their existence and location
obvious by any of the following methods:
A.
A factory applied coating of brightly colored or luminescent
paint, plastic or vinyl.
B.
Attached reflectors spaced no more than five feet
apart across the entire length of the barrier.
C.
Attached reflective signs spaced no more than eight
feet apart across the entire length of the barrier.
D.
Other attached reflective or luminescent materials
that, in the opinion of the Code Enforcement Officer, meet the intent
of this chapter.
Upon discovery of a specified hard-surfaced
area containing a barrier without enhanced nighttime visibility, the
Zoning Officer shall notify the owner thereof and require enhancement
or removal of the barrier within five days of the date of the notice.
Any owner or owners of specified hard-surfaced areas whose property contains any of the types of barriers described in § 108-3, above, which have not been enhanced for nighttime visibility, who shall fail or refuse to remove or enhance same after due notice shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
