[Adopted 7-20-1987 by Ord. No. 479 (Ch. 10, Part 4, of the 1978 Code of Ordinances)]
As used in this part, the following terms shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
- The Borough of Fox Chapel.
- COMMERCIAL ACTIVITY
- Includes selling, causing to be sold or the offering for sale of any merchandise, food or services.
- COMMERCIAL PURPOSE
- An intention to in any way further any commercial activity.
- MOTOR VEHICLE
- The meaning ascribed to it in the Vehicle Code of Pennsylvania, as amended and supplemented from time to time.
- An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other comparable legal entity.
- Contamination of any watercourse in the Borough such as will create or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. This term includes but is not limited to such contamination by alteration of the physical, chemical or biological properties of such waters, or change in temperature, taste, color or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid or other substances into such waters.
- WATERCOURSE or STREAM
- Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow, specifically including Squaw Run.
It shall be unlawful for any person to put or place into any watercourse in the Borough, or allow or permit to be discharged from property owned or occupied by such person into any watercourse in the Borough, any substance of any kind or character which will result in pollution. Any such contamination is hereby declared to be a nuisance.
If any person is in violation of § 363-2 of this part, the Borough may, at its option, require such person to abate any pollution and restore the watercourse to its prior condition or cause the same to be done and collect the cost thereof, together with a penalty of 10% of such cost, from such person.
It shall be unlawful for any person to withdraw more than two gallons of water in any calendar month from any watercourse in the Borough, except that property owners shall be permitted to withdraw more than two gallons per month from streams running through their property.
No person shall operate or park a motor vehicle for any commercial purpose or engage in any commercial activity in the Borough, either:
[Amended 12-21-1992 by Ord. No. 536]
Any person violating the terms of this part, whether as an individual, principal, agent, employer or employee of another, shall, upon conviction by the Magisterial District Judge, be subject to a fine not to exceed $1,000 plus costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment in the county jail not exceeding 30 days, in the discretion of the Magisterial District Judge. Each day on which such person does not comply with the provisions of this part shall constitute a separate offense.
The collection of any penalty under the provisions of this part shall not be construed as stopping the Borough from proceeding in courts of law or equity to abate, restrain or enjoin conduct forbidden under this part or abate nuisances under existing law. It is hereby declared to be the purpose of this part to provide additional and cumulative remedies, and nothing in this part shall in any way abridge or alter rights of action or remedies now or hereafter existing in equity or under the common law or statutory law.