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 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, 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.
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.