[Ord. 274, 9/22/1942, Section 1; amended by Ord. 1209, 6/27/1988,
Section 1; Ord. 1776, 4/27/2004, Section 1; Ord. 2002, 10/15/2012]
From and after the effective date of this ordinance, it shall
be unlawful for any person, firm, corporation or sponsor thereof to
throw, cast, place or distribute or cause to permit to be thrown,
cast, placed or distributed any commercial handbill, menu, circular,
card, booklet, placard, balloon, toy, object or other matter displaying
commercial logos, business identification or advertising whatsoever
in or upon any street or public place or in a front yard or court
yard or any stoop, or in the vestibule or hall of any Borough building
or in the letter box therein, or on or in any vehicle, pole, post,
tree or other object on any thoroughfare or right-of-way, public parking
lot, parking garage or parking deck within the Borough.
[Ord. 274, 9/22/1942, Section 2; amended by Ord. 1209, 6/27/1988,
Section 1; Ord. 2002, 10/15/2012]
Nothing contained in this ordinance shall be deemed to prohibit
the distribution of religious materials, political advertising or
charitable solicitation or otherwise regulate the delivery of any
such matter by the United States Postal Service or prohibit the distribution
of magazines, newspapers or sample copies of newspapers regularly
sold by the copy or by annual subscription, nor to prevent the lawful
distribution of anything other than commercial and business advertising
matter, nor prevent distribution of any such matter by approved Arts
Festival or First Night vendors within the area designated by Council
for the conduct of the Central Pennsylvania Festival of the Arts and
First Night. Designation of these areas and time periods shall be
by ordinance of Council.[1]
[1]
Editor's Note: See § 10-115, Festival of the Arts,
and § 10-116, First Night, of this chapter.
[Ord. 2002, 10/15/2012]
Upon the discovery of a violation, the authorized agent of the
Borough may give a written notice of warning to the person, firm,
corporation or sponsor thereof, or owner, and/or occupant(s) and/or
person in charge, (or either of them as the case may be) of such violation.
Should a written notice of warning be issued, such person, firm,
corporation, sponsor or the owner and/or occupant(s) and/or person
in charge shall then have 24 hours to abate such violation by removing
all related handbills posted within the Borough in violation of this
ordinance. If after a period of no less than 24 hours, the Borough's
authorized agent observes that the violation has not been abated the
agent may then issue an ordinance violation or citation to the person,
firm, corporation, sponsor or the owner and/or occupant(s) and/or
person in charge. The authorized agent of the Borough shall not be
required to first issue a written notice of warning for each initial
and/or separate offense prior to issuing a violation notice or a citation,
or filing a citation in accordance with § 10-204 of this
ordinance.
[Ord. 274, 9/22/1941, Section 3; amended by Ord. 1776, 4/27/2004,
Section 2; Ord. 2002, 10/15/2012]
a.
Upon the discovery of any violation under the terms of this Ordinance,
the Borough shall, through its authorized agents, give notice to the
person, firm corporation, sponsor or the owner, or occupant(s) or
person in charge (or either of them as the case may be) of a violation
hereunder, by written notice delivered in person or by United States
mail directed to the last known address of such person or persons
or as shown in the real estate registry records of the Borough, or
by leaving the same on the premises where such violation occurs.
If such person shall, within seven days after delivery, mailing
or leaving of such violation notice, pay to the Borough Treasurer
the sum of $100 for the violation, the same will constitute full satisfaction
for the violation noted in said notice. The failure of such person
to make payment, as aforesaid, within seven days, shall render such
person subject to the penalties as provided in Subsection b. Nothing
within this ordinance shall preclude the Borough Manager or the Manager's
authorized agent, in enforcing any provision of this ordinance, from
immediately issuing a violation notice or a citation or filing a citation
before a Magisterial District Judge against the person, firm, corporation,
sponsor or the owner, person in charge or the occupant(s) of a premises
(or either of them as the case may be) for repeated or initial egregious
violations regardless of whether or not a written notice of warning
was previously issued.
b.
Any person found guilty before a Magisterial District Judge of violating
provisions of this ordinance, shall be fined not less than $300 nor
more than $1,000 for the first offense, and not less than $600 nor
more than $1,000 for the second offense, and $1,000 for the third
and subsequent offense in any one-hundred-eighty-day period and, upon
failure to pay such fine, shall be sentenced to jail for a term not
to exceed 30 days for each offense.
