[Adopted 1-18-1906 by
Ord. 233[1] (Ch. XXVII, Part 1, of the 1974 Code of Ordinances)]
[1]
Editor's Note: Section 8 of this article repealed Ord.
No. 221 and all other ordinances and parts of ordinances conflicting
with this article.
The width of Pine Creek from the junction of said creek with
Allegheny River northwardly to the junction of said Pine Creek with
Little Pine Creek in the Borough of Etna shall be and is hereby established
and fixed at 60 feet, 30 feet on each side of the center line of said
Pine Creek, and the width of said Pine Creek from the junction with
Little Pine Creek northwardly to the Borough line shall be and is
hereby established and fixed at 53 feet, 26 1/2 feet on each
side of the center line of said Pine Creek as established and determined
by the Engineer of said Borough in the survey and plan made thereof,
and filed in the office of the Borough Clerk (Secretary).
It is hereby declared unlawful for any person or persons or
corporations to make or erect, or cause to be made or erected, any
wall, abutment, filling or other obstruction in the bed of the said
Pine Creek within 30 feet of said center line of said creek, between
the junction of said creek with the Allegheny River and the junction
of said creek with Little Pine Creek; and 26 1/2 feet of said
center of said creek between the junction with Little Pine Creek and
the Borough line aforesaid.
All obstructions in the bed of said Pine Creek within the distances
aforesaid of said center line, as established aforesaid, are hereby
declared public nuisances and it shall be the duty of the Street Commissioner
of said Borough to prevent and abate any such obstructions or erections
as may be made within said limits. No repairs or renewal of walls,
abutments or other obstructions heretofore made in the bed of said
Pine Creek within the distances aforesaid of said center line of the
said creek as established shall be made or caused to be made or allowed
by any authority, except such obstructions and erections be delimited
and curtailed to such an extent that they will cease to encroach on
the natural watercourse of said Pine Creek, within the limits hereafter
established, it being the purpose and intention of this section to
eliminate gradually the obstructions now encroaching upon the said
watercourse as inexpensively as may be possible.
Hereafter, no bridges, culverts, tunnels or sewers shall be
constructed or reconstructed across or in Pine Creek in the Borough
of Etna, unless the abutment or walls thereof be constructed of stone,
cement, concrete or a similar composition of equal stability and durability
approved by the Street Commissioner of the Borough of Etna, provided
that all bridges erected or reconstructed over or in Pine Creek, from
the mouth of said Pine Creek to Bridge Street, shall be required to
be of the height of not less than 16 feet; from Bridge Street to Butler
Street, shall be required to be the height of not less than 14 feet;
and from Butler Street to the Borough line, shall be required to be
of the height of not less than 12 feet in the clear above low-water
mark and of such width as regulated herein.
No wall or other device or structure hereinafter erected along
the banks of Pine Creek in said Borough shall be allowed unless the
same be of stone, cement, concrete or of a similar composition of
equal stability and durability to be approved by the Street Committee
of said Borough.
All walls, abutments, fillings, bridges or other structures
hereafter undertaken in violation of this article are hereby declared
public nuisances, and it shall be the duty of the Street Commissioner
to prevent and abate such nuisances forthwith.
[Amended 3-8-1954 Ord.
No. 806; 12-11-1989 by Ord. No. 1208]
Any person, firm or corporation who or which violates any provision
of this article shall, upon conviction, be sentenced to pay a fine
of not more than $600 and costs of prosecution and, in default of
payment of fine and costs, to undergo imprisonment for not more than
30 days.
