[Adopted 4-13-1922 by Ord. No. 497 (Ch. XXVII, Part 2, of the 1974 Code of Ordinances)]
The width of Little Pine Creek from the junction of said Little Pine Creek with Pine Creek, and thence northwardly to the Borough line, shall be and is hereby established and fixed at 30 feet, 15 feet on each side of the center line of said Little 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).[2]
[1]
Editor's Note: The preamble to this article stated that it was necessary for the preservation of the health of the citizens of the Borough and for the security of their property from damages and injury by reason of the overflowing of Little Pine Creek, that the natural course of the Creek be preserved or unimpaired as may be feasible, and the natural width thereof not be restricted to an extent that would dangerously hinder or obstruct the passage of water therein in times of floods.
[2]
Editor's Note: Section 8 of this article repealed all conflicting ordinances and parts of ordinances.
It is hereby declared unlawful for any person or corporation to make or erect, or cause to be made or erected, any wall, abutment, filling or other obstruction in the bed of said Little Pine Creek within 15 feet of said center line of said Creek between the junction of said Little Pine Creek with Pine Creek and the Borough line aforesaid.
[Amended 3-18-1986 by Ord. No. 1182]
All obstructions in the bed of said Little Pine Creek within the distance aforesaid of said center line, as established, 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 renewals of walls, abutments or other obstructions heretofore made in the bed of said Little 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 Little Pine within the limits herein established, it being the purpose of this section to eliminate gradually the obstructions now encroaching upon the said watercourse as inexpensively as may be possible.
It is further declared for the purpose of erecting or participating in the erection of any flood control project on said West Little Pine Creek, the Borough may construct, operate and maintain flood control facilities within the width of the Creek as established by § 596-8 above or within any easements which the Borough may acquire for said purpose.
Hereafter no bridges, culverts, tunnels or sewers shall be constructed or reconstructed across or in Little Pine Creek in the Borough of Etna, unless the abutments or walls thereof be constructed of stone, cement, concrete or a similar composition of equal stability and durability approved by the Street Commissioner or other authorized authority of the Borough of Etna, provided that all bridges erected or reconstructed over or in Little Pine Creek, from the junction of said Creek with Pine Creek to the Borough line aforesaid, shall be required to be of the height of not less than eight 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 Little 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 the terms of this article are hereby declared public nuisances, and it shall be the duty of the Street Commissioner or other authorized officer to prevent and abate such nuisances forthwith.
[Amended 3-8-1954 by Ord. No. 809; 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.