[Adopted 10-4-2021 by Ord. No. 445]
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Editor's Note: Former Art. I, Pavements and Footwalks, adopted 8-16-1893 by Ord. No. 3, was repealed 6-1-2020 by Ord. No. 439.
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
Quarryville Borough, Lancaster County, Pennsylvania.
PERSON
Includes any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate or any other legal entity whatsoever which is recognized by the law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or fine, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation for profit or not for profit.
PUBLIC ROAD
A strip of land, including the entire right-of-way, located in the Borough, and being publicly owned, serving primarily as a means of vehicular and pedestrian travel and furnishing access to abutting properties, which may also be used to produce space for sewers, public utilities, shade trees and sidewalks.
No person shall permit, maintain, establish or deposit, either directly or indirectly, upon any public road in the Borough the following material, articles, items, chemicals, objects and/or substances:
A. 
Any type or form of water or other liquid, whether natural or artificial, by pipe or any other channel, including, but not limited to, discharges from sinks, tubs, pools, toilets, kitchens, laundries, cesspools, drainage swales or any other similar source.
B. 
Mud, manure, dirt or debris of any kind.
C. 
Stones, rocks, logs, blocks, spikes, fences, bricks, tires or any other dangerous or detrimental articles or substances.
No person shall place or permit to be placed or continue to permit to be placed or discharge or permit to flow or continue to discharge or permit to flow onto any public road the substances or objects enumerated in § 350-2 of this article.
A. 
No person shall place or allow to be placed any item within the public street right-of-way, including, but not limited to, garbage, refuse, furniture, or merchandise. This prohibition shall not apply to the placement of refuse and recyclable materials for collection in accordance with Chapter 337, Solid Waste, and also shall not include the temporary obstruction of a street or sidewalk to facilitate loading or unloading of personal property, goods, wares or merchandise.
B. 
The owner of each property abutting a public street right-of-way shall maintain vegetation so that hedges, shrubs, or other plant matter does not extend into the right-of-way in a manner which obstructs sidewalks, alleys, or cartways.
C. 
This prohibition does not pertain to waste dumpsters or street storage which comply with the requirements of Article II of this chapter.
A violation of this article shall constitute a nuisance and may be abatable in the manner provided by law and this article.
The Borough Secretary may serve written notice, either personally or by certified or first-class mail, on any person violating the provisions of this article to remove or abate any nuisance or dangerous or detrimental object or substance located on a public road and to permanently discontinue the discharge, flow or placing of any such object or substance on said public road. Upon the failure of said person to comply with such notice within 10 days after the date thereof or to request a hearing within such time before Borough Council pursuant to the Local Agency Law,[1] Borough Council may remove or abate any such nuisance or dangerous or detrimental object or substance located on such public road and collect the costs of such removal or abatement together with a penalty of 25% of the cost of the removal or abatement from the person failing to comply with such notice by summary proceedings or in the manner provided for the collection of municipal claims or by an action of assumpsit without the filing of a claim.
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Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
Any person violating any provision of this article shall, upon conviction thereof in a summary proceeding, be sentenced for each violation to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution, including the Borough's reasonable attorneys' fees, which fines and penalties may be collected as provided by law. Each day that a violation continues shall be separate offense, and each section of this article which is violated shall be a separate offense.
Nothing herein contained shall be construed so as to prevent the Borough or any other person from pursuing any other remedies allowed by law or in equity for injunctive relief, damages, abatement of nuisances or other legal procedures for the violation of this article or for the causing, creating or maintaining of any nuisance.