[HISTORY: Adopted by the Borough Council of the Borough of
Taylor as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-2014 by Ord. No. 2-2014]
The following rules are adopted for the open area and grounds
for public parks/recreation lands identified below:
A.
No smoking allowed, including but not limitation carrying a lighted
cigar, cigarette, pipe or other lighted smoking device.
The rule(s) identified in § 122-1 above pertain to the following areas:
A.
Derenick Park, also including by way of explanation and not limitation
the portion used as youth softball or adult softball, located within
the Borough of Taylor generally at the rear of Union Street and as
more particularly described in a deed dated July 1, 1981 and recorded
in the Recorder of Deeds Office of Lackawanna County in Deed book
1234, Page 65.
B.
Noakes Park also, including by way of explanation and not limitation
the portion used as the little league and junior football, located
within the Borough of Taylor generally in the vicinity of Schlager
Street and Kerstetter Court/Lane as more particularly described inter
alia, recorded in the Recorder of Deeds Office of Lackawanna County
in Deed Book 1028, Page 71 et seq.; Deed Book 1578, Page 32 et seq.
and Deed Book 719, Page 194 et seq.; and also identified, by way of
explanation and not limitation, as 155-20-030-001 and 155-07-010-00701.
C.
Taylor Community Center Grounds inclusive of open grounds within
the Borough of Taylor generally located in the east by the 600 block
of South Main Street, on the south by Hancock Court, on the east by
the extension of South Washington Street, and on the north by the
rear property line of lands now or formerly of Joseph Gnall, Edward
Popil and William Stone.
The aforesaid restricted area should be clearly identified by
the posting of appropriate signs.
Within the restricted area, the Borough may, by appropriate signage, provide for a designated area for smoking during hours of operation for the area or areas referred to in § 122-2 subject to all state and federal laws having application. Absent a clearly designated area with signage, there is a restriction against smoking.
A.
Fines and penalties.
(1)
It shall be illegal for any person to violate the rules set forth in § 122-1 and a person violating same shall be prosecuted under the rules of procedure for summary proceedings before Magisterial District Judge. Any person who shall violate any provision of this article shall, upon conviction of a violation of any section or subsection of this article, be liable to pay a fine, as follows:
(a)
First offense occurring within a one-year period: warning.
(b)
Second offense occurring within a one-year period: $100.
(c)
Third offense occurring within a one-year period: $300.
(d)
And for each subsequent offense within a one-year period, per
violation/offense, in all cases, plus costs or in default of payment
of said fine and costs, the offender may be sentenced to a term of
imprisonment subject to Pa.R.Crim.P. 456 (c) and 42 Pa.C.S.A. § 9730(b).
A separate offense under this article shall be deemed to occur for
each day for which a violation occurs. Nothing herein is intended
to impede or restrict the prosecution of any criminal offense for
any person continuing to violate the terms of this article or any
order to stop or desist from any illegal conduct or from being charged
with any separate offense under the criminal codes or otherwise. In
addition to the penalties provided herein, the Borough may sue at
law or in equity to enjoin violations herein and in addition to damages
may recover reasonable attorney's fees, court costs, court reporter's
fees, and other expenses of litigation by appropriate suit at law
or in equity against the person, partnership, corporation, or other
legal entity found to have violated this article, or the orders, rules,
regulations, and permits issued hereunder.
B.
Civil action. Any person who violates or permits a violation of this
article, upon being found liable therefor in a civil enforcement proceeding
before a Magisterial District Judge, shall pay a fine as follows:
(1)
First offense occurring within a one-year period: warning.
(2)
Second offense occurring within a one-year period: $100.
(3)
Third offense occurring within a one-year period: $300.
(4)
And for each subsequent offense within a one-year period, per violation/offense,
in all cases plus all court costs, including reasonable attorney's
fees incurred by the Borough in the enforcement of this article. Each
day the violation exists shall constitute a separate offense. In any
case where a penalty for a violation has not been timely paid, and
the person against whom the penalty was imposed is found to have been
liable therefor in civil proceedings, the violator shall be liable
for the penalty imposed, including additional daily penalties for
attorney's fees incurred by the Borough in the enforcement proceedings.
If the violator neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable rules
of civil procedure. Said action may be initiated by the Zoning Officer,
Code Officer, Borough Manager or the Borough.
C.
Exemption. The Borough shall be exempt from the payment of costs
in any civil case brought to enforce this article.
D.
Equity. In addition to or in lieu of a civil action before a Magisterial
District Judge, the Borough may enforce this article in equity. The
appropriate officers or agents, including Borough Council or Borough
Manager, are hereby authorized to seek equitable relief, including
injunctions, to enforce compliance herewith.
E.
Separate violations. Each day a violation occurs shall be a separate
offense.
F.
Reservation. The Borough reserves all rights to enforcement and remedies
under any nuisance ordinance or other law.
G.
Attorneys' fees. The reasonable attorneys' fees shall be
at the rate of $125 per hour.
H.
Municipal claim. In addition to all of the remedies, the Borough
is authorized to exercise and reserves all rights of enforcement and
remedies for municipal claims and tax liens as permitted by law.
