[Ord. No. 1010, 8/12/2019]
The purpose of this Part shall be to ensure that the streets
and public areas within the Borough should be readily accessible and
available to residents and the public at large. The use of these areas
for camping purposes or storage of personal property interferes with
the rights of others to use the areas for which they were intended.
Such activity can constitute a public health and safety hazard which
adversely impacts neighborhoods and commercial areas. Camping on private
property without the consent of the owner, proper sanitary measures
and for other than a minimal duration adversely affects private property
rights as well as public health, safety, and welfare of the Borough.
The purpose of this Part is to maintain streets, parks and other public
and private areas within the Borough in a clean, sanitary and accessible
condition and to adequately protect the health, safety and public
welfare of the community, while recognizing that, subject to reasonable
conditions, camping and camp facilities associated with special events
can be beneficial to the cultural and educational climate in the Borough.
Nothing in this Part is intended to interfere with otherwise lawful
and ordinary uses of public or private property.
[Ord. No. 1010, 8/12/2019]
Unless the particular provisions or the context otherwise requires,
the definitions contained in this section shall govern the construction,
meaning, and application of words and phrases used in this Part:
The Borough Manager or designee.
To place, pitch or occupy camp facilities; to live temporarily
or overnight in a camp facility; to use camp paraphernalia.
Include, but are not limited to, tents, huts, vehicles, vehicle
camping outfits or temporary shelter.
Includes, but is not limited to, bedrolls, tarpaulins, cots,
beds, sleeping bags, hammocks, cooking facilities, heating devices,
generators, and similar equipment.
Setting up or moving equipment, supplies or materials on
to public or private property to "camp" or operate camp facilities.
Keeping or permitting equipment, supplies or materials to
remain on public or private property in order to camp or operate camp
facilities.
Participating or assisting in establishing or maintaining
a camp or camp facility.
All private property including, but not limited to, streets,
sidewalks, alleys, and improved or unimproved land.
All public property including, but not limited to, streets,
sidewalks, alleys, improved or unimproved land and parks.
Programs operated by the Borough, youth or school events,
marathons or other sporting events, scouting activities, and may also
include a residential property owner requesting permission to allow
visiting friends or relatives to camp or utilize camp facilities on
their private property during short-term stays of no more than two
days.
To put aside or accumulate for use when needed, to put for
safekeeping, to place or leave in a location.
A street, alley, way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of vehicular
travel. "Street" includes highway, as that term is defined in the
Pennsylvania Motor Vehicle Code.
[Ord. No. 1010, 8/12/2019]
2.
It is not intended by this Part to prohibit overnight camping on
private residential property by friends or family of the property
owner, so long as the owner consents and the overnight camping is
limited to not more than two consecutive nights.
3.
Nothing in this Part is intended to prohibit or make unlawful activities
of an owner of private property or other lawful user of private property
that are normally associated with and incidental to the lawful and
authorized use of private property for residential or other purposes;
and provided, further, nothing is intended to prohibit or make unlawful
activities of a property owner or other lawful user if such activities
are expressly authorized by the other chapters of the Bridgeville
Code of Ordinances, or other laws, ordinances and regulations.
4.
The Borough Manager may, as provided in § 605 below, issue
a temporary permit to allow camping on public or private property
in connection with a special event.
[Ord. No. 1010, 8/12/2019]
[Ord. No. 1010, 8/12/2019]
The Borough Manager may, in his or her discretion, and upon
request, issue a permit to establish, maintain and operate a camp
or a camp facility in connection with a special event. The Borough
Manager may consult with various municipal departments prior to issuing
any temporary permit. Each department consulted may provide comments
regarding any health, safety or public welfare concerns and provide
recommendations pertaining to the issuance, denial or conditioning
of the permit. A reasonable fee may be set by Borough Council resolution
from time to time, shall be paid, in advance, by the applicant. In
exercising his or her discretion to issue a temporary permit, the
Borough Manager may consider any facts or evidence bearing on the
sanitary, health, safety and welfare conditions on or surrounding
the area or tract of land upon which the proposed temporary camp or
camp facility is to be located.
[Ord. No. 1010, 8/12/2019]
It shall be unlawful for any person to establish, maintain,
conduct or carry on any camp or camp facility unless there shall be
at all times posted in a conspicuous place upon the area or tract
of land upon which the camp or camp facility is located a permit obtained
from the Borough Manager in accordance with the provisions of § 605
of this Part.
[Ord. No. 1010, 8/12/2019]
1.
The Borough Manager is further empowered to ascertain that the operation
or maintenance of any camp or camp facilities to which a temporary
permit shall apply will in no way jeopardize the public health, safety
or welfare and for this purpose may make additional rules and regulations
pertaining to their establishment, operation or conduct. The Borough
Manager may also impose conditions on the establishment, maintenance
and operation of a camp or camp facility, including, but not limited
to, security, sanitation facilities, number of occupants, posting
of bonds or deposits, insurance, quiet hours, duration of the permit,
and permitted activities on the premises.
2.
When the Borough Manager shall issue any permit under the terms of
§ 605 of this Part, the same may be revoked at any time
thereafter by the Borough Manager if he or she becomes satisfied that
the maintenance or continuing operation of the camp or camp facilities
is adverse to the public health, safety and welfare.
[Ord. No. 1010, 8/12/2019]
1.
Any person who violates or permits a violation of this Part shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not more than $1,000, plus all court costs, including reasonable
attorney's fees incurred by the Borough, and in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
2.
Repeat Offenses. Any person, after having been cited and found guilty
of violating this Part on more than one occasion, who is again found
camping on public property shall be deemed to have committed a criminal
trespass and prosecuted as such to the full extent permitted under
the law.
