[Adopted 11-17-2004 by Ord. No. 398 (Ch.
96, Art. IV, of the 1982 Code)]
The Board of Commissioners of the Township of
Muhlenberg finds that the riding of skateboards and scooters, use
of roller blades, and the playing of basketball and street hockey
on the public streets, sidewalks or alleys of the Township to be dangerous
to the public safety, and that the continuance of such activities
is detrimental to the best health, safety, convenience and general
welfare of the Township and the residents, citizens, inhabitants and
businesses thereof. The Board of Commissioners hereby declares such
activities to be a public nuisance and herein establishes procedures
for the abatement thereof and penalties for such activities.
For the purposes of this article, the terms
"skateboard," "roller skates," "roller blades," "scooters," "basketball"
and "hockey" shall have the meanings normally and customarily associated
with such terms.
The following activities shall be declared to
be prohibited as a public nuisance throughout the Township of Muhlenberg:
A.
The riding of
a skateboard on any public sidewalk, street or alley is prohibited.
Additionally, the riding of a skateboard anywhere within the Township
without exercising due care for the safety of other persons or vehicular
traffic is also prohibited.
B.
The riding of
roller skates on any public sidewalk, street or alley is prohibited.
Additionally, the riding of roller skates anywhere within the Township
without exercising due care for the safety of other persons or vehicular
traffic is also prohibited.
C.
The riding of
roller blades on any public sidewalk, street or alley is prohibited.
Additionally, the riding of roller blades anywhere within the Township
without exercising due care for the safety of other persons or vehicular
traffic is also prohibited.
D.
The riding or
operation of scooters on any public sidewalk, street or alley is prohibited.
Additionally, the riding or operation of scooters anywhere within
the Township without exercising due care for the safety of other persons
or vehicular traffic is also prohibited.
E.
The erecting
or placing of any permanent or portable basketball pole or backboard
on any public sidewalk, street, alley, thoroughfare or right-of-way
is prohibited. The playing of basketball on the sidewalk, streets,
alleys, or public thoroughfares without exercising due care for the
safety of other persons and vehicular traffic is also prohibited.
F.
The erecting
or placing of any permanent or portable hockey net on any public sidewalk,
street, alley, thoroughfare or right-of-way is prohibited. The playing
of street hockey on the sidewalk, streets, alleys or public thoroughfares,
without exercising due care for the safety of other persons and vehicular
traffic, is also prohibited.
Any member of the Muhlenberg Township Police
Department, any Code Enforcement Officer, and any other designated
agent of the Township are hereby authorized and empowered to enforce
the provisions of this article.
Any person who shall violate any provision of
this article or who shall fail to comply therewith shall be guilty
of a summary offense and, upon conviction, shall be sentenced to pay
a fine for the first offense thereof in an amount not to exceed $100
and, for any subsequent offense, a fine in an amount not to exceed
$300, together with costs of prosecution. Each day or portion thereof
that a violation continues or exists shall constitute a separate offense.
Upon default of the payment of the fine or penalty imposed and the
costs, the defendant shall be sentenced and committed to Berks County
Prison for a period not exceeding 30 days.
A.
In the event
any person should violate or act with intent to violate any provision
of this article, the Township of Muhlenberg, in addition to all other
legal remedies, may institute legal proceedings seeking declaratory
judgment that the violations complained of are public nuisances and
requesting an injunction from the court restraining said violation
or violations. Said injunction may provide for judgment for costs
expended, including attorneys' fees, and such other relief as the
court may deem proper and/or necessary.
B.
The Township
shall have the right to enter onto any public sidewalk, street, alley,
thoroughfare and right-of-way and remove by any means reasonably necessary
and dispose of any basketball pole, backboard or hockey net erected
or placed thereon in violation of the provisions of this article.
The owner of such items removed by the Township shall be responsible
to pay for all costs of removal, storage and disposal. Failure to
timely pay such costs shall constitute a violation of this article
subject to the fines and penalties set forth above.
