[Ord. No. 5-2019, 7/11/2019]
This Part shall be known and cited as the "Canton Township Road
Debris Ordinance of 2019."
[Ord. No. 5-2019, 7/11/2019]
The purpose of this Part is to reduce the depositing of material(s),
including but not limited to snow, soil, manure and grass clippings,
sewage, hydrocarbon fluids (kerosene, gasoline, various fuels, lubricating
oils), leaves, brush, soil, mud, sewage or other debris/hazards onto
the Township roads, storm sewer drainage system(s) and rights-of-way.
[Ord. No. 5-2019, 7/11/2019]
It shall be unlawful for any person to deposit, dump, throw,
shovel, cast, plow and/or allow to migrate or filter onto any said
public way, road(s), streets, alleys, drains or rights-of-way of Canton
Township, the following substances, including but not limited to ice,
snow, manure, soil, grass clippings, ash, leaves, mud, gravel, sewage,
hydrocarbon fluids (kerosene, gasoline, various fuels, lubricating
oils), or other various liquids/substances, including but not limited
to pool water, sewage and other liquids or any other debris or like
substance, both natural and artificial, in such a manner so as to
hinder or interfere with the use of, block or obstruct the public
roadway or be a danger to traffic or a danger to public safety. These
items/materials shall be promptly removed. A homeowner (whether the
landlord and/or tenant) is responsible to ensure that any persons
hired to cut their grass or maintain their yard abide by this Part.
Any of these noted or other material(s) which purposely or inadvertently
is caused to enter the roads, streets, alleys, drains or rights-of-way
of Canton Township shall be promptly removed. There is no "grace period"
within which to remove the material(s).
[Ord. No. 5-2019, 7/11/2019]
The Code Enforcement Officer for Canton Township shall have
the authority to enforce this Part. There shall be a presumption that
grass clippings, leaves and yard wastes immediately adjacent to a
property were caused to be placed there by the owner/occupier of said
property. This is a rebuttable presumption.
[Ord. No. 5-2019, 7/11/2019]
1.
The material(s) shall be removed immediately from the affected area.
2.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a district
justice 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 less than $300 and not more than $1,000 plus
costs (including any restitution to the Township and/or other agencies)
and, in default of payment of said fine(s) and costs/restitution,
to a term of imprisonment in the County Jail not to exceed a term
of 90 days.
3.
Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
4.
At the discretion of the Code Enforcement Officer, an initial fine
of $25 may/shall be issued in which the individual will have seven
days to make payment to the Township. Failure to make the payment
in the time allotted shall result in a citation being issued for failure
of payment.
[Ord. No. 5-2019, 7/11/2019]
In the event that any provision, section, sentence or portion
of this Part shall be held invalid, such invalidity shall not effect
or impair any of the remaining provisions of this Part, as the provisions
are severable and would have been enacted had not such invalid provision
been included herein. All ordinances or parts of ordinances which
are inconsistent herewith are hereby repealed.
