[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.
The Township of Derry, Mifflin County, Pennsylvania, and
its Board of Supervisors and/or its designated officers and representatives.
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.
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:
A.
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
B.
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:
(1)
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);
(2)
Outdoor advertising devices advertising the sale or lease of the
real property upon which they are located;
(3)
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
(4)
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.
A.
Violation of this chapter may result in any one or more of the following
actions:
(1)
The municipality may order the removal of outdoor advertising devices
installed or constructed in violation of the provisions of this chapter;
(2)
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
(3)
The municipality may institute an action in equity or at law, to
abate the violation and obtain such other relief as is appropriate.
B.
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.
