[HISTORY: Adopted by the Board of Supervisors of the Township
of West Donegal 10-15-1984 by Ord. No. 42-1984; amended in its entirety 10-15-1984 by Ord. No.
47-1984 as Ch. 10, Part 2, of the 1984 Code of Ordinances.
Amendments noted where applicable.]
This chapter is enacted pursuant to the authority granted to
West Donegal Township by the Second Class Township Code (Act of May
1, 1933, P.L. 103, No. 69, reenacted and amended July 10, 1947, P.L.
1481, No. 567, as amended) which authorizes the Township to enact
ordinances dealing with the protection of the public safety, the prohibition
of nuisances and the maintenance of the public welfare. Specifically,
this authority is codified in 53 P.S. §§ 66506, 66527
and 66529, as amended.
All holding ponds and lagoons with a depth greater than 1 1/2
feet shall be completely enclosed by a fence at least six feet in
height which shall be so constructed as to have no openings larger
than two inches and shall be equipped with a self-latching, self-locking
gate.
The fence which is used to enclose industrial and commercial
holding ponds and lagoons shall be provided with signs which indicate
that trespassing is prohibited and shall be posted, at a minimum,
on each side of the fence, but in no event shall there be less than
four signs posted conspicuously on such fence.
Any person who owns or operates a holding pond or lagoon which
is in existence on the effective date of this chapter shall comply
with the provisions of this chapter within six months after the date
of enactment hereof.
As used in this chapter, the following terms shall have the
meanings indicated:
A receptacle or lake which receives and retains sewage or
industrial wastes. Farm ponds and/or lakes are not to be considered
holding ponds or lagoons, provided that they are not used to receive
and retain sewage or industrial waste. In addition watertight holding
tanks meeting the requirements of the Pennsylvania Department of Environmental
Protection shall be exempt from the provisions of this chapter.
[Added 10-7-1996 by Ord. No. 109-1996; amended 5-19-1997 by Ord. No.
114-1997]
For each violation of the provisions of this chapter, any person
who commits, takes part in, or assists in any such violation shall
be liable, upon conviction thereof in a summary proceeding, to pay
a fine of not less than $200 nor more than $1,000 for each offense,
together with the costs of prosecution. Each day or portion thereof
in which a violation exists shall be considered a separate violation
of this chapter, and each section of this chapter which is violated
shall be considered a separate violation. In default of payment of
such fine, such person shall be liable to imprisonment for a period
not exceeding 30 days.
