This chapter shall be known as the "Route 23 Scenic Byway Ordinance."
The purpose of this chapter is to accommodate the "Scenic Byway"
designation along the Route 23 corridor by prohibiting certain advertising
devices along Route 23 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:
ERECT
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 East Earl and its Board of Supervisors/Borough
Council or designated 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.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
PERSON
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.
[Amended 5-12-2015 by Ord. No. 193]
No outdoor advertising device, as defined, may be erected by
any owner, person responsible or other person, either within 660 feet
of the nearest edge of the right-of-way of along Route 23 or more
than 660 feet from the nearest edge of the right-of-way if the sign
is visible from the main-traveled way of Route 23, and the purpose
of the sign is that its message be read from the main-traveled way
of the Route 23 corridor in the Township, except for the following:
A. 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);
B. Outdoor advertising devices advertising the sale or lease of real
property upon which they are located;
C. Outdoor advertising devices advertising activities conducted on the
property on which they are located; and
D. 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 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 the 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 the 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:
A. The municipality may order the removal of outdoor advertising devices
installed or constructed in violation of the provisions of this chapter;
B. The municipality may institute proceedings before the Magisterial
District Judge or in a court of law to recover penalties and costs
as provided in this chapter;
C. 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 $100 for each violation, together
with all court costs, including reasonable attorney's 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 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.
The provisions of this chapter shall be severable, and if any
provisions hereof shall be held to be unconstitutional, invalid or
illegal, by any court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter. It is hereby declared as legislative intent that this chapter
would have been enacted had such unconstitutional, invalid or illegal
provision not been included herein.