[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer 3-8-1979 by Ord. No. 128A. Amendments noted where
applicable.]
The purpose of this chapter is to regulate the
erection, construction, reconstruction, operation, maintenance, dismantling,
testing and use of wires, cables, poles, conduits, appliances and
other devices and facilities comprising or intended to comprise, in
whole or in part, a community antenna television system in, upon,
along, across, above, over, under or in any manner connected with
the roads, highways, streets, sidewalks, alleys, bridges, public ways
and other public places within the boundaries of the Township of West
Deer, as the same now exist or as they may hereafter be lawfully changed.
It shall be unlawful for any person to engage in any act subject to regulation under § 98-1 hereof without first having duly executed an agreement with the Township Board of Supervisors permitting such act or acts, which agreement shall have been executed on behalf of the Board under the authority of an ordinance duly enacted.
The agreement required by § 98-2 hereof shall contain such pertinent specifications, commitments, conditions and requirements as the Board shall deem reasonably necessary and appropriate to assure that the act or acts therein permitted and intended to be regulated under § 98-1 hereof will be conducted with adequate protection of public and private property rights and of the public health, safety and welfare, including, but not limited to, in the Board's discretion, requirements as to insurance, compliance with safety and construction codes, financial responsibility and reasonable compensation for costs incurred by the Township in connection with the agreement and its administration.
Any agreement heretofore concluded and executed on behalf of the Board pursuant to ordinance lawfully enacted, which satisfies the purposes of § 98-1 and is in effect on the date of the enactment hereof, shall continue in full force and effect according to its terms and shall constitute compliance with the requirements of this chapter.
[Amended 1-22-1997 by Ord. No. 265; 4-20-2016 by Ord. No. 408]
Any person, partnership or corporation who or
which has violated or permitted the violation of any provision of
this chapter, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township, shall pay a judgment of not
more than $600, plus all court costs. No judgment shall commence or
be imposed, levied or payable until the date of the determination
of a violation by a Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure, at which
time, in addition to any penalties, the violator shall be liable for
any attorneys’ fees and costs incurred by the Township. Each
day that a violation continues or each section of this chapter which
shall be found to have been violated shall constitute a separate violation.
