Borough of Punxsutawney, PA
Jefferson County
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Table of Contents
Table of Contents
[Adopted as Ch. 8 of the 1974 Code]
It shall be unlawful for any person to trespass over, along, upon or through any real estate which the Borough has acquired or may hereafter acquire as a right-of-way and easement for flood protection purposes and upon which there has been constructed or may hereafter be constructed a floodwall or levee, the right of ingress and egress over, upon and through any such easement being hereby confined to the privilege of using any gate or opening in said floodwall or levee or established concrete stairway for the sole purpose of access to and from the outside of or riverward side thereof. The privilege herein may be had and enjoyed, subject to the following express reservations and restrictions thereupon:
A. 
The Borough reserves the right, without notice, to cancel and annul or to suspend such privilege whenever, in its discretion, the public interest may so require.
B. 
The privilege shall always be subject and subservient to the public use and enjoyment of the flood protection system and of all the parts hereof and subject and subservient to maintenance, operation, control and use of said rights-of-way, easements, floodwalls, levees, gates and openings in the public interest and for the uses and purposes for which the same are intended.
C. 
The privilege shall be limited to the use thereof for access to and from property lying outside of and riverward from said floodwalls or levees and shall not be used as a means of trespass upon said rights-of-way, easements, floodwalls, levees, gates or openings or upon the lands or property of others.
It shall be unlawful for any person, firm or corporation to place or construct any building, house, shed, pen, fence, enclosure, walkway, obstruction or other structure of any kind or character, whether the same is of combustible or noncombustible material, upon the lands or rights-of-way acquired by the Borough for floodwall purposes or at any place upon the floodwalls, levees, gates or openings.
It shall be unlawful for any person to place or dump rubbish, waste material or other matter upon the lands or rights-of-way acquired by the Borough for floodwalls or upon, over or against said floodwalls or levees or appurtenant works.
It shall be unlawful for any person to burn rubbish, trash or any other material or to kindle any fires of any kind upon the lands or rights-of-way acquired by the Borough for floodwall purposes.
It shall be unlawful for any person to tamper with, remove, molest or in any wise interfere with any machinery, equipment or building now erected or hereafter erected on said flood control project, and all acts of vandalism, pilfering or any acts in any way causing damage to any part of the floodwalls or embankments constituting the flood control project are hereby prohibited.
It shall be unlawful for any person to tether, hitch, lead upon or over or permit to run at large any horses, mules, goats, sheep, chickens, ducks, geese or other animals or fowls upon the lands or rights-of-way acquired by the Borough for floodwall purposes or at any place upon the floodwalls, levees, gates or openings.
[Amended 8-31-1987 by Ord. No. 943]
The Borough Floodwall Superintendent is hereby directed to make a monthly inspection of the flood protection system and shall make a written monthly report to the Mayor of any violations of this article which may be disclosed by such inspection.
Upon written application to the Borough Council, any person may request permission to place or construct structures or to perform other activities upon the lands or rights-of-way acquired by the Borough for floodwalls. The Floodwall Board shall thereupon cause the Borough Floodwall Superintendent to investigate the facts and circumstances of the application and make a written report thereof. After the Borough Floodwall Superintendent determines that the proposed structures or performances of other activities will not endanger the safety or efficiency of said flood protection works and will not impede or obstruct the inspection or maintenance of the same, the Floodwall Board shall then submit said application and report to the district engineer of the United States Engineering Department at large in charge of the locality for approval. Upon receipt of written approval by the District Engineer, the Floodwall Board may then issue written permission to the applicant to place or construct the structures or perform other activities, subject to the conditions, in the manner and at the locations therein stated. which terms and conditions shall provide, among other things, that such permission may be withdrawn at any time subsequent to the granting thereto, either with or without cause, and shall further provide that the applicant will, upon being notified so to do, remove such structures or cease to perform such activities forthwith and upon the further condition that the person so authorized shall be responsible for and will promptly pay to the Borough all damages which may have been occasioned to said lands, rights-of-way, floodwalls, levees, gates or any parts thereof by virtue of the exercise of such permission.
[Added 8-31-1987 by Ord. No. 943]
Any person violating any provision of this Part 1, upon conviction before the District Justice, shall be guilty of a summary offense and shall be subject to pay a fine not to exceed the maximum fine of $300, plus costs of prosecution, or to undergo imprisonment for a term not exceeding 90 days, or both.