[HISTORY: Adopted by the Borough Council of the Borough of Marietta 6-10-1969 by Ord. No. 69-8 (Ch. 90 of the 1983 Code). Amendments noted where applicable.]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this chapter shall be as follows:
BOROUGH
The Borough of Marietta, Lancaster County, Pennsylvania, a municipality of the Commonwealth of Pennsylvania acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
BUILDING
A structure enclosing a space within its walls, covered with a leakproof roof and having a floor constructed of approved flooring material. Said "building" shall be capable of being locked to prevent access from the outside.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity.
VENDING MACHINE
A coin-operated machine used for dispensing or selling small articles, including but not limited to beverages, candy, chewing gum, foods of all kinds and tobacco products.
It shall be unlawful for any person to maintain, install, possess, operate or use any vending machine in this Borough except inside a building.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Lancaster County.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It is declared that the enactment of this chapter is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.