[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.
Includes selling, causing to be sold or the offering for
sale of any merchandise, food or services.
An intention to in any way further any commercial activity.
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.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow, specifically including Sycamore Run.
[Amended 3-20-2023 by Ord. No. 723]
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.
