For the purposes of this article, certain words and terms shall
be defined as follows:
AUTOMOBILE REPAIR
Any work done on an automobile or motorcycle for its repair,
maintenance or improvement.
BASKETBALL
A sport or activity, the principal activity of which involves
the participants bouncing a ball and passing said ball to each other
or through an elevated net or ring for points.
PUBLIC THOROUGHFARE
Any street, road or highway, including the entire paved and
improved surfaces thereof, including gutter areas, from curb to curb,
where curbs exist, which is owned, operated or maintained by the Borough
of Sellersville or the Commonwealth of Pennsylvania and the principal
use of which is the transportation of automobile traffic. The term
"public thoroughfare" shall not include sidewalks or park paths owned,
operated or maintained by the Borough of Sellersville.
ROLLER SKATES/IN-LINE ROLLER SKATES
Any recreational device consisting of a set of two wheeled
platforms, whether or not permanently affixed to a pair of shoes or
boots, and regardless of the configuration of the wheels thereon,
designed to be worn on the user's feet and used to propel the
user in a manner similar to ice skates.
SKATEBOARD
Any wheeled device consisting of a platform or seat of metal,
plastic, wood or any other material used for recreational purposes
to carry its user in an erect, kneeling, sitting or prone position
in a manner similar to that of a true surfboard, whether propelled
solely by the physical efforts of its user or users or by the use
of a small motor. The term "skateboard" shall not be construed to
include a wheelchair or any similar device used to provide transportation
for any disabled person.
STREET HOCKEY
A sport or activity whereby the participants use elongated
sticks curved at one end to propel a puck, a ball or similar object
to each other or into a net, goal or similar location for the purpose
of earning points. Said sport or activity is similar to the traditional
sport of ice hockey, except that it is played on streets, parking
lots and other nonfrozen surfaces.
No person shall use, ride, propel or otherwise operate a skateboard
or roller skates/in-line roller skates in any public thoroughfare
located within the Borough of Sellersville.
No person shall play, engage in or otherwise participate in
basketball and hockey in any public thoroughfare located within the
Borough of Sellersville.
Sellersville Borough Council may, from time to time, modify,
add to or remove from the standards and restrictions herein.
[Added 11-9-2015 by Ord.
No. 705]
A. Prohibited behavior. It shall be unlawful for any person to construct,
erect, place, store, leave, or maintain the presence of any recreational
equipment on or in any public right-of-way within the Borough of Sellersville.
B. Notice. The Borough Manager, or his designee, is hereby authorized to give written notice by personal service or United States mail to any real property owners or persons possessing or occupying real property upon which a violation of Subsection
A has occurred to remove or cause to be removed such recreational equipment within 10 days of the date of such notice. It shall be unlawful for any such person to fail or refuse to remove or cause to be removed such recreational equipment within such ten-day period. The notice set forth in this subsection shall not be a prerequisite to the Borough's institution of an action under §
130-54.
C. Removal by Borough. In addition to, and not in lieu of, the remedies set forth in §
130-54, upon the failure or refusal of any person to timely comply with the notice set forth in Subsection
B, the Borough shall have the right to remove or cause to be removed the recreational equipment, and the costs of such removal shall be collected pursuant to and as authorized by Subsection
D.
D. Cost of removal. In the event the Borough exercises its right to remove any recreational equipment under Subsection
C, the owners of the real property on which the violation occurred shall be responsible for all costs of such removal, including any attorneys' fees incurred before, during, or after such removal, as well as all costs incurred by or on behalf of the Borough in the collection of such costs. The minimum charge for the cost of removing the recreational equipment shall be $300. The costs imposed under this section shall be in addition to, and not in lieu of, the costs and penalties set forth in §
130-54.
[Amended 10-12-2015 by Ord. No. 703]
This article shall be enforced by a criminal action in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure. A person convicted of violating
this article shall be sentenced to pay a fine not to exceed $1,000
per violation, plus court costs and reasonable attorneys' fees
incurred by the Borough of Sellersville, or to imprisonment for not
more than 90 days, or both. Violations of more than one provision
of this article shall constitute separate violations. Each day that
a violation of any provision of this article continues or occurs shall
constitute a separate violation.