[HISTORY: Adopted by the Board of Supervisors of the Township of Derry 5-3-2010 by Ord. No. 2010-3. Amendments noted where applicable.]
This chapter shall be known as the "Route 22/322 Lewistown Narrows Scenic Byway Ordinance."
The purpose of this chapter is to accommodate the "scenic byway" designation along a portion of Route 22/322 by prohibiting certain advertising devices along both sides of Route 22/322 in the Lewistown Narrows between the Township line with Fermanagh Township, Juniata County, Pennsylvania, and milepost SR 22/603 located in Derry Township, Mifflin County, Pennsylvania, in accordance with the parameters set forth in state and federal law, and to enable state or federal funding to be obtained to preserve the natural beauty of this highway and to promote the public welfare.
As used in this chapter the following words shall have the meaning ascribed, as follows:
- To construct, build, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance and repair of a sign or sign structure.
- MUNICIPALITY or MUNICIPAL
- The Township of Derry, Mifflin County, Pennsylvania, and its Board of Supervisors and/or its designated officers and representatives.
- OUTDOOR ADVERTISING DEVICE
- Any outdoor sign, display, light, figure, painting, drawing, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
- Includes any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or public or private corporation.
- RESPONSIBLE PERSONS
- All persons in possession or control of real estate by reason of a lease, contract or other legal right or claim, and all persons performing work for the owner or person responsible.
No outdoor advertising device, as defined, may be erected by any owner, person responsible or other person:
Within 660 feet of the nearest edge of either side of the right-of-way of Route 22/322 between the Township line with Fermanagh Township, Juniata County, Pennsylvania, and milepost SR 22/603 located in Derry Township, Mifflin County, Pennsylvania; or
More than 660 feet from the nearest edge of either side of the right-of-way if the sign is visible from the main traveled way of Route 22/322 between the Township line with Fermanagh Township, Juniata County, Pennsylvania, and milepost SR 22/603 located in Derry Township, Mifflin County, Pennsylvania, and the purpose of the sign is that its message be read from the main-traveled way of Route 22/322, except as follows:
The official signs and notices which are required or authorized by law and which conform to the national standards promulgated by the Secretary of Transportation of the United States pursuant to 23 U.S.C. § 131 (relating to control of outdoor advertising);
Outdoor advertising devices advertising the sale or lease of the real property upon which they are located;
Outdoor advertising devices advertising activities conducted on the property on which they are located, including devices which display a message that may be changed at reasonable intervals by electronic process or remote control; and
Directional signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions and other points of interest to the traveling public which conform to the national standards promulgated by the Secretary of Transportation of the United States pursuant to 23 U.S.C. § 131.
All outdoor advertising devices constructed and existing on the effective date of this chapter which would be prohibited under this chapter shall be permitted, except that if the device shall not be used for advertising for a period of one year or shall become dilapidated, the device shall be removed.
For the purposes of this chapter, the person or persons holding legal title to property on which a person is maintaining a condition of premises in violation of this chapter shall be subject to the remedies, penalties and liability imposed by enforcement of this chapter.
Whenever a condition constituting a violation of this chapter is found to exist, the municipality or its designated representative shall cause written notice to be served upon the owner(s) of the subject premises, as well as other persons responsible for the outdoor advertising device. Service of this notice may be made by personal delivery to the owners, and other persons responsible, or by mailing the notice to their last known address by certified mail. The notice shall identify the subject property and owner(s), or other persons responsible, describe the conditions of the property which constitute the violation, set forth the applicable section(s) of this chapter, and set forth a reasonable time to correct or remedy the violation.
Violation of this chapter may result in any one or more of the following actions:
The municipality may order the removal of outdoor advertising devices installed or constructed in violation of the provisions of this chapter;
The municipality may institute proceedings before a Magisterial District Judge or in a court of law to recover penalties and costs as provided in this chapter; and
The municipality may institute an action in equity or at law, to abate the violation and obtain such other relief as is appropriate.
The remedies provided herein for the enforcement of this chapter, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the municipality.
Any person who violates or permits the violation of this chapter shall, upon being found liable therefore in a civil enforcement proceeding, pay a fine in an amount not to exceed $600 for each violation, together with all court costs, including reasonable attorneys' fees, incurred by the municipality. Each day a violation shall continue shall constitute a separate violation except for periods of time allowed by the municipality for correction or elimination of the violation. No judgment shall be imposed until the date of the determination of a violation by the court.
If the roadway is designated a byway by the Commonwealth of Pennsylvania, Department of Transportation (the "Department"), the municipality shall enforce the prohibitions set forth in this chapter and shall not revise this chapter without the prior written approval of the Department. Failure to do so may result in revocation of the byway designation.