[Adopted 4-12-1979 as Ord. No. XLIV]
As used in this article, the following terms
shall have the meanings indicated:
Includes any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate or
any other legal entity whatsoever which is recognized by the law as
the subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or fine, the term "person" shall include the
members of an association, partnership or firm and the officers of
any public or private corporation for profit or not for profit.
A strip of land, including the entire right-of-way, located
in Mount Joy Township, Lancaster County, Pennsylvania, and being publicly
owned, serving primarily as a means of vehicular and pedestrian travel
and furnishing access to abutting properties, which may also be used
to produce space for sewers, public utilities, shade trees and sidewalks.
No person shall permit, maintain, establish
or deposit, either directly or indirectly, upon any public road in
Mount Joy Township, Lancaster County, Pennsylvania (hereinafter sometimes
referred to as the "Township"), the following material, articles,
items, chemicals, objects and/or substances:
A.
Any type or form of water or other liquid, whether
natural or artificial, by pipe or any other channel, including but
not limited to discharges from sinks, tubs, pools, toilets, kitchens,
laundries, cesspools, drainpipes, spouts, drainage swales or any other
similar source.
B.
Mud, manure, dirt or debris of any kind.
C.
Stones, rocks, logs, blocks, spikes, fences, bricks,
tires or any other dangerous or detrimental articles or substances.
No person shall place or permit to be placed or continue to permit to be placed or discharge or permit to flow or continue to discharge or permit to flow onto any public road the substances or objects enumerated in § 116-8 of this article.
A violation of this article shall constitute
a nuisance and may be abatable in the manner provided by law and this
article.
The Secretary of the Township shall serve written
notice, either personally or by certified or first-class mail, on
any person violating the provisions of this article to remove or abate
any nuisance or dangerous or detrimental object or substance located
on a public road and to permanently discontinue the discharge, flow
or placing of any such object or substance on said public road. Upon
the failure of said person to comply with such notice within 10 days
after receipt thereof or to request a hearing within such time before
the Board of Supervisors of the Township pursuant to the Act of December
2, 1968, P.L. 1133, known as the "Local Agency Law,"[1] the Board of Supervisors of the Township may remove or
abate any such nuisance or dangerous or detrimental object or substance
1ocated on such public road and collect the costs of such removal
or abatement together with a penalty of twenty-five percent (25%)
of the cost of the removal or abatement from the person failing to
comply with such notice by summary proceedings or in the manner provided
for the collection of municipal claims or by an action of assumpsit
without the filing of a claim.
Any person who shall violate this article shall be liable, upon conviction and proceedings brought in the name of the Township before any District Justice having jurisdiction, to a fine of not more than six hundred dollars ($600.), together with costs of prosecution. If a defendant, sentenced to pay a fine or costs after a finding of guilt in a summary case, defaults on such payments, the defendant may be sentenced and committed to the county prison for a period not exceeding thirty (30) days. Such fine and costs shall be in addition to the remedies provided in § 116-11 of this article and shall be enforceable and recoverable in the manner at the time provided by applicable law.
Nothing herein contained shall be construed
so as to prevent the Township or any other person from pursuing any
other remedies allowed by law or in equity for injunctive relief,
damages, abatement of nuisances or other legal procedures for the
violation of this article or for the causing, creating or maintaining
of any nuisance.
