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).
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.