[Amended 4-5-1988 by Ord.
No. 442]
No person, firm or corporation shall drive, operate, leave parked
running unattended, or ride in or upon any automobile, truck, tractor,
motor bike, motor scooter, motorcycle, mini-bike, snowmobile, or motorized
vehicle, device or contraption of any sort, upon any paved or unpaved
portions of any property owned or leased by the Borough of Tamaqua,
the Tamaqua Area School District, or any private citizen, firm or
corporation within the Borough, without the consent of the owner thereof;
nor shall the owner of any such vehicle, device or contraption permit
or allow any other person to drive, operate, leave parked running
unattended, or ride in or upon any such vehicle on any such property
owned or leased by the Borough of Tamaqua, the Tamaqua Area School
District, or any private citizen, firm or corporation within the Borough
without the consent of the owner thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Schuylkill County correctional facility for a period
not exceeding 30 days. Each day that such violation exists shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense. In addition to or in lieu
of enforcement under this section, the Borough may enforce this chapter
in equity in the Court of Common Pleas of Schuylkill County.