[Ord. 332, 4/12/2016[1]]
1.
During and following any snowfall or weather emergency, which shall
be defined hereinafter, it shall be unlawful for anyone to park a
motor vehicle and/or place any property or objects on or along any
street or alley in the Borough.
2.
A snowfall or weather emergency shall exist when:
A.
A winter weather advisory or winter storm warning is issued by the
National Weather Service for the County of Snyder, Pennsylvania, and
for a period of eight hours after the advisory or warning has expired;
or
B.
The Mayor or the Foreman of the Borough of Middleburg causes a declaration
to be:
(1)
Publicly announced by broadcasts on radio stations WKOK or Big
Country, or any other radio station approved by resolution of the
Borough Council; and
(2)
Posted on the Borough website.
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The declaration or posting shall state that a snowfall or weather
emergency is in effect for the Borough of Middleburg, Snyder County,
Pennsylvania. No person shall park or place property on or along any
Borough street or alley. The notice shall also set forth how long
the snowfall or weather emergency and restrictions shall be in place.
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[1]
Editor's Note: This ordinance superseded former Part 1, Snow
and Ice Emergency, adopted 11/8/2005 by Ord. 295, as amended.
[Ord. 332, 4/12/2016]
1.
It shall be unlawful for owners, occupants or tenants of property
to dump, throw, shovel, pile or push any snow or ice into any street
or alley in Middleburg Borough. No snow, ice, or slush, or a combination
thereof, shall be pushed or deposited into any drainage area, stream,
culvert or catch basin.
2.
No snow, ice, or slush, or a combination thereof, shall be deposited,
pushed or kept within a commercial, manufacturing, industrial or multiple-family
zoning district parking facility or at or near an intersection in
any zoning district in a manner or at a location which creates a traffic
hazard by impairing visibility from or on any street or alley in Middleburg
Borough.
3.
No person shall damage any Borough property, including, but not limited
to, traffic signs or culverts, while removing snow, ice, or slush,
or a combination thereof. Any damage to Borough property shall be
repaired or replaced in accordance with the requirements of the Borough
at the expense of the property owner.
[Ord. 332, 4/12/2016]
1.
All employees of Middleburg Borough engaged in road work and the
Borough Mayor are hereby authorized to remove any vehicle parked on
any street or alley within Middleburg Borough in violation of this
Part and to take the vehicle to the nearest garage or place of safety.
The registered owner of the vehicle shall be promptly notified in
writing that the vehicle was removed, where the vehicle was taken,
and that the vehicle will be released after payment of all towing
and storage charges. Neither Middleburg Borough, its Council, officers
nor employees shall be held responsible for any damage to any vehicle
occurring as a result of towing, impound or storage of a vehicle parked
in violation of this Part.
2.
No vehicle shall be removed under the authority of this Part if,
at the time of the intended removal, the owner or the person in charge
of the vehicle, for the time being, is present and expresses a willingness
and intention to remove the vehicle immediately; provided, however,
that any charges for towing already incurred due to a request for
towing services having been made prior to removal shall be the sole
responsibility of the owner. If the owner does not pay the charges
within three days of written demand for payment made by Middleburg
Borough, the charges shall be collectible by Middleburg Borough, with
any additional amounts allowed by law, in any manner provided by law,
including the manner provided for the collection of municipal claims.
[Ord. 332, 4/12/2016]
1.
Fire hydrants shall not be covered. The property owner shall remove
or cause to be removed all snow, ice, or slush, or any combination
thereof, or any accumulation and/or impediment which would limit access
to, from, and/or around all of the fire hydrants which are located
on said property, so as to provide immediate access by fire rescue
personnel in cases of emergency. In cases involving a storm, fire
hydrants shall be cleared of all snow, ice, or slush, or any combination
thereof, within 24 hours following the storm, and, in any event, any
accumulate shall be removed not less than once in every twenty-four-hour
period.
2.
In all other cases involving the accumulation of natural and/or man-made
items around fire hydrants, the owner is responsible for the immediate
removal of said items. In either case, fire hydrants shall be cleared
sufficiently so emergency personnel have total access to hydrants.
This is necessary to allow for fire hose connections to be made to
access water in the event of a fire. The owner of a property shall
be responsible for conforming to the requirements of this section
whether such property is occupied by said owner, is occupied by another
party, is unoccupied or is vacant.
3.
In cases where the owner shall fail, neglect, or refuse to comply
with any of the provisions of this section of this Part within the
time period required herein, Middleburg Borough may, in its discretion,
proceed immediately to clear the snow, ice, or slush, or any combination
thereof, or accumulation and/or impediment which would limit access
to, from, and/or around fire hydrants and to collect the expenses,
with any additional amount allowed by law, from fine or penalty imposed
under the penalty section of this Part. In no case is Middleburg Borough
liable if it does not exercise the Borough's option for removal of
snow, ice, or slush, any combination thereof, or accumulation and/or
impediment which would limit access to, from, and/or around fire hydrants.
[Ord. 332, 4/12/2016]
This Part shall be enforced by the Borough Foreman and the Borough
police.
[Ord. 332, 4/12/2016]
Any person, firm or corporation who violates any of the provisions
of this Part shall, upon conviction, be sentenced to pay a fine of
$50 and costs of prosecution.
[Ord. 332, 4/12/2016]
If any section, subsection, sentence, clause or phrase or portion
of this Part is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portion thereof.
[Ord. 332, 4/12/2016]
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistency.
[Ord. 332, 4/12/2016]
This Part shall be effective five days after enactment.
