[Adopted 8-5-2020 by Ord. No. 311]
As used in this article, the following terms shall have the
meanings indicated:
A structure or any other thing or object, whether temporary
or permanent, placed in, on, or above any public rights-of-way. Obstructions
shall include poles, basketball backboards and hoops, hockey or soccer
nets, skateboard ramps, and any other structure or object that is
placed in, or blocks any portion of, any rights-of-way.
Shall include the public streets/roadways, public water system
rights-of-way, stormwater management facilities, drainage swales,
stormwater easements, and any and all other easements and rights-of-way
of East Petersburg Borough, Lancaster County, Pennsylvania.
It shall be unlawful for any person or persons to park, place,
or cause to be parked or placed any obstruction, as defined herein,
within any rights-of-way of East Petersburg Borough, Lancaster County,
Pennsylvania.
A.
Only grass shall be permitted within any East Petersburg Borough
water system right-of-way.
B.
The placement of permanent basketball hoops, soccer and/or hockey
nets or goals, skateboard ramps, and all other permanent obstructions
over, in, or on public rights-of-way is strictly prohibited, regardless
of when such structures were erected.
C.
It shall be unlawful for any person or persons to place, push, dump,
pull, or deposit, or cause to be placed, pushed, dumped, pulled, or
deposited, any earth, dirt, manure, sand, gravel, rock, grass, or
similar materials upon any public rights-of-way within East Petersburg
Borough or to permit any of the aforesaid acts to occur.
A.
Obstructions shall not include on-street parking of vehicles as permitted
by other Borough ordinances.
B.
Obstructions shall not include mailboxes, utility poles, light poles,
and other customary fixtures within any Borough rights-of-way as deemed
appropriate by Borough Council.
C.
The temporary placement of basketball hoops, soccer and/or hockey
nets, skateboard ramps, or other temporary obstructions may be permitted
within the Borough's rights-of-way only while in use. Temporary
obstructions must be moved outside of the right-of-way immediately
after the use thereof is discontinued or at the request of an authorized
Borough official. Temporary obstructions shall not be placed in the
cartway of the public streets. At no time shall the temporary placement
of obstructions interfere with the ability of the traveling public
to utilize the public streets for lawful transit.
D.
This article is not intended to regulate or prohibit the placement
of basketball hoops or soccer and/or hockey nets or goals or other
nets or goals on or over private property.
E.
Any obstructions placed by the Borough in, on, or over its own rights-of-way
are excluded from this article.
East Petersburg Borough shall have the authority to remove or
to require the removal of any obstruction that is parked or placed
in any rights-of-way of East Petersburg Borough, Lancaster County,
Pennsylvania. A person or persons who placed or caused the obstruction
shall be responsible for costs of removal.
Any person or person(s) who has caused damage to any rights-of-way
of East Petersburg Borough shall be liable to the appropriate body
for the costs of restoration.
Any person who shall violate any provision of this article shall
upon conviction thereof be sentenced to pay a fine of not less than
$100 nor more than $600, and, in default of payment thereof, shall
be subject to imprisonment for a term not to exceed 30 days. Every
day that a violation of this article continues shall constitute a
separate offense. The aforesaid penalty or penalties shall be in addition
to the obligation of the person to pay such other costs for damages
as set forth herein.
East Petersburg Borough may bring an action in the Court of
Common Pleas of Lancaster County, Pennsylvania, as an equity action
requiring any person or persons to comply with the requirements of
this article. In any such proceedings, the person or persons violating
this article shall be responsible to pay the court costs and attorney's
fees of East Petersburg Borough, together with such other penalties
as authorized by this article.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of East
Petersburg Borough that this article would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
