[HISTORY: Adopted by the Borough Council of the Borough of New Wilmington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-7-2006 by Ord. No. 486]
This article shall be known as the "Route 208 Scenic Byway Ordinance."
The purpose of this article is to accommodate the scenic byway designation
along the Route 208 corridor by prohibiting certain advertising devices along
Route 208 in accordance with the parameters set forth in state and federal
law, and to enable state or federal funding to be obtained to preserve the
natural beauty of this highway and to promote the public welfare.
As used in this article the following terms shall have the meanings
indicated:
To construct, build, assemble, place, affix, attach, create, paint,
draw, or in any other way bring into being or establish, but it shall not
include any of the foregoing activities when performed as an incident to the
change of advertising message or customary maintenance and repair of a sign
or sign structure.
New Wilmington Borough and its Borough Council or designated representatives.
Any outdoor sign, display, light, figure, painting, drawing, message,
plaque, poster, billboard or other thing which is designed, intended or used
to advertise or inform.
Any person vested with ownership, legal or equitable, sole or partial,
of any property located in the Borough.
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 law as the subject of rights and duties.
Whenever used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include the members of an
association, partnership or firm and the officers of any local agency or public
or private corporation.
All persons in possession or control of real estate by reason of
a lease, contract or other legal right or claim, and all persons performing
work for the owner or person responsible.
No outdoor advertising device, as defined, may be erected by any owner,
person responsible or other person:
A.
Within 660 feet of the nearest edge of the right-of-way
of Route 208; or
B.
More than 660 feet from the nearest edge of the right-of-way
if the sign is visible from the main-traveled way of Route 208 and the purpose
of the sign is that its message be read from the main-traveled way of Route
208, except as follows:
(1)
The official signs and notices which are required or
authorized by law and which conform to the national standards promulgated
by the Secretary of Transportation of the United States pursuant to 23 U.S.C.
§ 131 (relating to control of outdoor advertising);
(2)
Outdoor advertising devices advertising the sale or lease
of the real property upon which they are located;
(3)
Outdoor advertising devices advertising activities conducted
on the property on which they are located, including devices which display
a message that may be changed at reasonable intervals by electronic process
or remote control; and
(4)
Directional signs, including, but not limited to, signs
pertaining to natural wonders, scenic and historical attractions and other
points of interest to the traveling public which conform to the national standards
promulgated by the Secretary of Transportation of the United States pursuant
to 23 U.S.C. § 131.
All outdoor advertising devices constructed and existing on the effective
date of this article which would be prohibited under this article shall be
permitted, except, that, if the device shall not be used for advertising for
a period of one year or shall become dilapidated, the device shall be removed.
For purposes of this article, the person or persons holding legal title
to property on which a person is maintaining a condition of premises in violation
of this article shall be subject to the remedies, penalties and liability
imposed by enforcement of this article.
Whenever a condition constituting a violation of this article is found
to exist, the municipality or its designated representative shall cause written
notice to be served upon the owner(s) of the subject premises, as well as
other persons responsible for the outdoor advertising device. Service of this
notice may be made by personal delivery to the owners, and other persons responsible,
or by mailing the notice to their last known address by certified mail. The
notice shall identify the subject property and owner(s), or other persons
responsible, describe the conditions of the property which constitute the
violation, set forth the applicable section(s) of this article, and set forth
a reasonable time to correct or remedy the violation.
A.
Violation of this article may result in any one or more
of the following actions:
(1)
The municipality may order the removal of outdoor advertising
devices installed or constructed in violation of the provisions of this article;
(2)
The municipality may institute proceedings before the
District Justice or in a court of law to recover penalties and costs as provided
in this article;
(3)
The municipality may institute an action in equity or
at law, to abate the violation and obtain such other relief as is appropriate.
B.
The remedies provided herein for the enforcement of this
article, or any remedy provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively, at the option
of the municipality.
Any person who violates or permits the violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding, pay a
fine in an amount not to exceed $100 for each violation, together with all
court costs, including reasonable attorney's fees, incurred by the municipality.
Each day a violation shall continue shall constitute a separate violation,
except for periods of time allowed by the municipality for correction or elimination
of the violation. No judgment shall be imposed until the date of the determination
of a violation by the court.
If the roadway is designated a byway by the Commonwealth of Pennsylvania
Department of Transportation, the municipality shall enforce the prohibitions
set forth in this article and shall not revise this article without the prior
written approval of the Department. Failure to do so may result in revocation
of the byway designation.
