It is hereby declared to be a public nuisance
and prohibited for any person to maintain or permit to be maintained
upon premises within the Township of Allegheny, owned, tenanted or
otherwise controlled by such person, any excavation any portion of
which is located within 500 feet of any public highway, school, church,
park, playground or dwelling having at any point a depth in excess
of eight feet from the natural surface of the ground unaffected by
the excavation and a cubic content in excess of 100 cubic feet, for
a continuous period of more than 48 hours, which said excavation is
not securely and completely enclosed and fenced with a strong, continuous
protective fencing around the entire excavation of a height of at
least five feet from the surface of the ground, and of such strength
and construction as to withstand the weight or force of any person
from walking beyond, under, between or through the fence, and such
as will prevent and protect any person from accidentally falling into
the excavation. No apertures in such fencing shall be greater than
six inches, except gates for entrance and exit which shall be kept
closed and securely locked at all times when unattended.
Nothing herein contained shall be construed
so as to prevent the Township or any other persons 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 chapter or for the causing, creating, or maintaining
of any nuisance.
As used in this chapter, the following terms
shall have the meanings indicated:
PERSON or PERSONS
Includes not only individual persons but any and all corporations,
partnerships, associations, and other legal entities.
Notwithstanding anything herein contained to
the contrary, no article, section, provision or part of this chapter
shall apply to any agricultural pursuits or the use of the land for
agricultural purposes.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof in a summary proceeding
before a District Justice, be sentenced to pay a fine or penalty not
exceeding $300, and the costs of prosecution, or in default of payment
thereof may be sentenced to imprisonment in the Westmoreland County
Jail for a term not exceeding 30 days. In addition, the Township shall
have the right to remove and abate any nuisance as herein defined
after 10 days' written notice to the owner or person causing the same
to abate the nuisance, if said nuisance is not abated by the owner
or person causing the same within 10 days from said notice; and to
collect the cost of said removal and abatement, together with a penalty
not exceeding $300, and cost of prosecution by summary proceeding;
and upon default in the payment of such penalty and costs the defendant
may be committed to the Westmoreland County Jail for a period not
exceeding 30 days. For purposes of this clause, each twenty-four-hour
period in which said public nuisance exists or is maintained shall
be deemed to be a separate offense and the person or persons causing,
creating, or as otherwise herein defined being responsible for the
said public nuisance shall be deemed guilty of a separate offense.