[Adopted as Title 8, Ch. 5, of the 1977 Code[1]]
[1]
Editor's Note: This article was adopted 2-9-1971 by Ord.
No. 703 and amended 8-4-1986 by Ord. No. 1107 and 9-6-1988 by Ord.
No. 1165.
It shall be unlawful and is hereby declared to be a nuisance
for any person or persons to erect, set up, place, or maintain any
obstruction within the boundaries of any public street, or to plant
any trees or shrubbery within the boundaries of any public street,
or to maintain or allow any branches of any tree or shrub to overhang
or protrude into the area of any public street so as to obstruct the
safe and convenient passage of vehicles and persons along such public
street. "Public street," as used herein, shall be deemed to mean the
legal right-of-way established for any street or highway, including
both the cartway and the area of sidewalks, if any, and the right-of-way
of any street, road, avenue or lane open to the public and used by
the public as a public street or right-of-way.
Where there shall exist any obstruction, tree, shrub or overhanging or protruding branches of a tree or shrub as prohibited by § 290-16, the owner of the property abutting the public street where such obstruction, tree or shrub or the owner of such tree or shrub with overhanging branches shall remove such obstructions, tree, shrub or branches after notice to do the same by the employees of the Township. Upon the failure or refusal to so remove within 10 days after such notice, the Township may remove or cause to be removed such obstruction, tree, shrub or branch of any tree or shrub overhanging or protruding into the public street or otherwise abate the nuisance created by such obstruction, tree, shrub or branches. The cost of abating such nuisance shall be collected as provided by law for municipal claims.
Any owner, person, firm, association or corporation who shall
violate any of the provisions of this article or who shall fail to
comply with the conditions or requirements of any permit granted in
accordance with the provisions of this article shall, upon conviction
thereof, be liable to pay a fine of not less than $50 nor more than
$600 for each and every offense. A new and separate offense shall
be deemed to have been committed for each day that said violation
exists. All fines imposed by the article are recoverable by summary
proceedings before any magisterial district judge in the Township
of Upper Moreland and, upon recovery thereof, all such fines are to
be paid into the treasury of the Township. In default of the payment
of any fine imposed by any magisterial district judge under the provisions
of this article, the person or persons so offending may be committed
to the jail, workhouse or other penal institution of Montgomery County
for a period not exceeding 30 days.
