[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.
