[Adopted 7-22-2003 by Ord. No. 563]
For purposes of this article, the following words shall be defined
as set forth:
Any natural person under the age of 18 years.
Any non-natural, assembled, constructed or manufactured object
or thing, not capable of human occupancy, which is permanently attached
to real property.
The person who is the title owner of real property, who has
purchased an item of personal property, or who leases or exercises
effective control over either; or in the case of personal property
possessed by a child, the parent of such child.
The biological or adoptive parent of any child, or the legal
guardian of same.
Every natural person, firm, corporation, or legal entity.
Any assembled, constructed or manufactured object or thing
which is not permanently attached to real property.
Any wheeled or tracked vehicle, including but not limited
to: a trailer, motor home, camper, bus, mobile home or untrailered
boat, but not including passenger automobiles, pickup trucks with
one rear axle, sport utility automobiles, automobile vans, automobile
minivans, and motorcycles.
Any passageway intended for transit by vehicles that has
been dedicated to the Borough of Littlestown, or is owned or maintained
by same. The term street shall include streets, avenues, boulevards,
roads, highways, freeways, parkways, lanes, or alleys. The term shall
encompass both public cartways and public rights-of-way as defined
hereinafter.
The improved portion of any public street, including paved
or unpaved berms or shoulders.
That area adjacent to a public cartway that has been set
aside for the use of the Borough of Littlestown by statute or dedication
between such public cartway and the ultimate right-of-way line.
Any activity primarily performed for play, pleasure or entertainment,
including but not limited to, basketball, football, baseball, street
hockey, soccer, tag, skateboarding, scootering, or foot races.
Any man-made object having an ascertainable stationary or
permanent location on land that is capable of human occupancy.
The municipality of the Borough of Littlestown.
Transit from one location to another for the primary purpose
of reaching a location rather than engaging in a recreational activity
as defined herein.
Any plant which can be reasonably expected to exceed two
feet in height or to attain a stem or trunk with a diameter exceeding
two inches.
Any mechanized means of transportation that requires state
license or registration in order to operate on a public street.
It shall be unlawful:
A.
For any person to conduct, perform, or engage in ant recreational
activity on, upon, or within a public cartway or public street without
prior Borough approval. This section shall not apply to automobile,
truck, motorcycle, pedestrian, or bicycle.
B.
For any person to loiter or congregate within or upon a public cartway
or public street.
C.
For an owner to place, cause or permit such owner's personal
property, other than a vehicle (prohibited vehicles are addressed
hereinafter, to rest or remain, or to be utilized for any recreation
activity, within or upon a public cartway or public street).
D.
For an owner to locate, place, install, cause or permit any of the
owner's personal property within or upon a public right-of-way
when the primary purpose of same is to facilitate any recreational
activity within or upon a public cartway or public street, or when
it would appear to a person of reasonable perception that such person
property is or will be employed in, or facilitate, a recreational
activity within or upon a public cartway or public street.
E.
For any person to utilize personal property for any purpose for which
an owner is prohibited in this article.
F.
For an owner, other than a regulated public utility or the Borough, to install, construct, erect, place or permit an fixture or structure, other than an approved mailbox, on such owner's real property within a public cartway, public street or public right-of-way. This section shall not apply to fixtures belonging to regulated public utilities or the Borough, or to fixtures constructed prior to the effective date of this article; except it shall specifically apply to fixtures erected prior to the effective date of this article which were erected primarily for use in recreational activities in a public cartway or public street, as would be prohibited in Subsection D above if newly erected, including but not limited to, basketball nets and backstops, hockey goals and skateboard ramps.
G.
For any owner, after the effective date of this article, to plant
a tree within a public right-of-way.
H.
For any person to intentionally damage, or deface any public cartway
or public street, or to intentionally cause any trash, debris, waste,
or refuse to be deposited on or upon any public street, other than
to facilitate professional trash removal, or to suffer or permit any
trash, debris, waste, or refuse unintentionally placed by such person
upon a public street to remain on or upon same any longer than necessary
to insure safe removal. This subsection shall not apply to any mud,
waste, or manure deposited on or upon a public cartway or public street
by a farmer in the normal course of a farming operation.
I.
For any parent, after verbal or written notice from any agent of
the Borough, to allow or permit such parent's child to participate
in a recreational activity within a public cartway or public street.
J.
For any owner to permit such owner's prohibited vehicle to remain
on or upon a public cartway, public street or public right-of-way
for a period of time in excess of 48 hours after notice to remove
such vehicle has been placed upon or attached to such vehicle by an
agent of the Borough, or anytime after the first such notice and the
expiration of the aforesaid forty-eight-hour period. The Borough Council
shall adopt or amend the form and content of such notice by resolution.
This section shall not apply to prohibited vehicles in process of
making temporary stops for limited periods of time for deliveries,
or to facilitate the loading or unloading of goods or passengers.
In the event a prohibited vehicle shall be parked on or upon a public
cartway, public street or right-of-way as the result of some accident,
damage, or malfunction, the Borough Police Department shall have the
right to extend the aforesaid compliance time by an additional 48
hours upon personal application and a showing of good cause.
Any person who shall be convicted of violating any provision
of this article in a summary offense proceeding shall be subject to
a fine of the first offense thereof in an amount not to exceed $300,
and for any subsequent convictions, a fine of not less than $500 nor
more than $1,000. A separate offense shall arise for each day or portion
thereof in which a violation is found to exist for each section of
the article which is found to have been violated. However, additional
days prior to a first conviction shall each bear a fine not to exceed
$300 per day or portion thereof. The higher fine range shall only
be applied for repeat violations occurring after the first conviction.
In its sole discretion, the Borough may employ any of the following
additional remedies, in addition to, or instead of, the foregoing,
in order to enforce this article:
A.
The Borough may obtain injunctive relief to prevent continued violations
of this article.
B.
In regard to personal property placed, or located within a public
cartway or public street in violation of this article, agents of the
Borough shall have the right to immediately remove any such personal
property to secure location designated for such purpose by a resolution
of the Borough Council. If known, the owner of such personal property
shall be advised of the right to reclaim such property. The owner
may reclaim the personal property even without notice within said
15 days upon payment of the fee as aforesaid and presentation of proof
of ownership acceptable to the Supervisors. If the personal property
remains unclaimed for a period in excess of 15 days after giving of
notice, or in the case where the owner remains unknown for 15 days
after removal, such property shall be conclusively deemed to be abandoned
trash and may be disposed of in any manner deemed appropriate by the
Borough Council at the next occurring public meeting.
C.
Any fixture placed or erected on, in, or upon a public right-of-way
or public street in violation of this article as aforesaid, shall
be removed within 15 days of written notice posted on such fixture
and mailed to the owner of the real property upon which the offending
fixture is located. In the event that the owner of such real property
shall fail to comply with such notice, the agents of the Borough shall
have the right to enter onto its public right-of-way and remove the
offending fixture by any means reasonably necessary. Thereafter, the
Borough shall bill said owner an amount equal to the cost of removal
plus a fee to be established by resolution of the Borough Council.
Failure to remit the aforesaid assessment shall constitute a violation
of this article subject to the fine and procedure set forth above.
D.
Any prohibited vehicle allowed to remain on or upon a public cartway,
public street or right-of-way in violation of § 404-19J
beyond the permitted removal period provided therein may be towed
to a secure location by agents of the Borough a the owner's expense.
After towing, the owner of same shall be notified of removal by mailed
written notice and shall be advised in such notice of the location
of the prohibited vehicle, the procedure to reclaim same, and the
amount of the reclamation fee and the towing cost. The reclamation
fee shall be established or amended by resolution of the Borough Council.
The owner of such prohibited vehicle may retrieve same upon presenting
proof of ownership and payment of reclamation fee, towing cost, and
in addition a per-day storage fee in an amount established by resolution
on the Borough Council for every day or portion of a day that the
prohibited vehicle remains in the possession of the Borough after
three days of mailing such notice.
