[Ord. 985, 11/5/1980, Section 1]
No person shall drop or deposit or permit to be dropped or deposited
any earth, stones, mud, rubbish or other material on any of the streets
or alleys of the Municipality.
[Ord. 985, 11/5/1980, Section 2]
The operator of any vehicle from which any such mud, earth,
stone or other material falls or is dropped shall be deemed to have
dropped or deposited the same within the meaning of this Ordinance,
and it shall, therefore, be the duty of any such operator to avoid
such dropping or depositing, regardless of whether done intentionally
or unintentionally.
[Ord. 985, 11/5/1980, Section 3]
In the event of the dropping or depositing of such prohibited
materials occurring from any vehicle, the registered owner of such
vehicle shall be presumed to be the driver, in the event that the
actual driver cannot be determined, and shall be responsible for any
violations, as provided in this Ordinance.
[Ord. 985, 11/5/1980, Section 4]
If any such earth, stone, mud or other material is inadvertently
or accidentally dropped or deposited, the said person so dropping
or depositing the same may remove such prohibited material within
four hours of the time of such dropping or depositing and, in such
event, shall not be guilty of an offense under this Ordinance.
[Ord. 985, 11/5/1980, Section 5]
If any person or firm should violate the provisions of this
Ordinance, the Municipality shall have the right to remove such earth,
stone, mud or other material from the streets or alleys of the Municipality
and to compute the reasonable cost of such removal, which shall be
computed by the Borough Engineer of the Municipality.
[Ord. 985, 11/5/1980, Section 6;{40} amended by Ord. 1889,
12/17/2007, Section 5]
If any person or firm shall violate provisions of this Ordinance
and be convicted by a District Magistrate after information is filed,
the penalty shall be as follows:
a.
Such
defendant shall pay to the Municipality the reasonable cost of removal,
as set forth hereinabove, plus 20%, if the Municipality shall have
effected such removal.
b.
Such
defendant shall be required to pay a fine of not less than $100 nor
more than $600 plus costs of prosecution, or, in default thereof,
to undergo imprisonment for a period not in excess of five days.
c.
Upon
the discovery of any violation under the terms of this Ordinance,
the Municipality shall, through its authorized agents, give notice
to the owner of a violation hereunder, either by personal delivery
to such owner, by United States mail directed to the last known address
of such person or person, as shown in the real estate registry records
of the Municipality, 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 notice, pay to the Treasurer of the Municipality the sum of $50 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 owner subject to the penalties as provided in Subsection b. above.
