No person, firm or corporation is permitted to track or deposit
mud, soil or other debris on the surface or pavement of any streets
or roads in the Borough. It shall be unlawful to place, erect, maintain,
have, hold or occupy any obstruction of, on or in any public street,
storm sewer or sidewalk within the limits of the Borough of Franklin
Park. Any such obstruction, whether of a permanent nature, such as
buildings, outbuildings, structures, fences and the like, or such
as may be temporarily placed thereon, except by authority of Borough
ordinance or of a permit granted under the provision thereof or with
the consent of the Borough Council, shall be and is hereby declared
to be a common or public nuisance, and the same may be removed, torn
down, taken away or abated as provided by law as in the case of other
common or public nuisances. Such debris or obstructions shall be removed
upon notice by the Borough police.
Any person, firm, or corporation who shall violate any provision
of this article or fails to comply therewith or with any of the requirements
thereof, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorneys' fees incurred by the Borough,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this article is found to exist and for each section
of this article found to have been violated. The Borough may also
commence appropriate actions in equity to prevent, restrain, correct,
enjoin or abate violations of this article. All fines and penalties
collected for violations of this article shall be paid to the Borough
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Borough Manager, the Police Department, the Code
Official, the authorized designee of the Borough Manager, and to any
other officer or agent that the Borough Manager or the Borough Council
shall deem appropriate.
It shall be the duty and obligation of the Police Department
of the Borough of Franklin Park to enforce the provisions hereof.