Highway Obstruction Ordinance

An Ordinance of the Borough of Centerport, Berks County, Commonwealth of Pennsylvania which provides that it shall be unlawful for any person to hinder, interfere, block or obstruct any street, road, alley or other corporate boundaries for the Borough by various means, including but not limited to, the deposit of snow, soil, manure and grass clippings or debris and providing penalties for violation and providing for the severability of the Ordinance, providing for repeal of prior inconsistent Ordinances.

Whereas, the Borough of Centerport has the authority and power to prohibit and/or remove any obstruction or nuisance within any public street or public right-of-way within the physical and/or corporate boundaries of the Borough pursuant to the Borough Code of 1966, as amended, as set forth at Title 53 section 46202 (4); and,

Whereas, the Borough Council has determined that any obstruction as hereafter set forth caused, directly or indirectly, by the action or inaction of any person, upon any street, road, alley or other public way within the physical and/or corporate boundaries of the Borough is a nuisance to the health, safety or welfare of the Borough of Centerport;

Now, Therefore, the Borough of Centerport, County of Berks, Commonwealth of Pennsylvania, hereby Enacts and Ordains as follows:

Section 1. In order to keep any street, road, alley or other public way within the physical and/or corporate boundaries of the Borough, both the travelled portion as well as any other portion free and clear of all obstructions and debris of any type or kind as set forth, this Ordinance, No. 111-94, authorizes and empowers the Borough Council of the Borough of Centerport to make it unlawful for any person to deposit, pump, throw, shovel, cast, plow and/or allow to migrate or filter onto any said public way, the following substances: ice, snow, manure, soil, manure mixed with soil, grass clippings, ash or any other debris or like substance, both natural and artificial, in such a manner so as to hinder or interfere with the use of, block or obstruct the public way, nor shall any person, sow, plant, harvest, cultivate, disc harrow, burn leaves or utilize, in connection with ownership of adjacent property, in any manner, in or on any said public way.

Section 2. Penalty for Violation: Any person who shall violate any provision of this Ordinance shall upon conviction thereof be sentenced to pay a fine not exceeding Three Hundred Dollars ($300.00) and costs for prosecution and in default of payment of such fine and costs, to imprisonment for not more than five (5) days.

Section 3. Repeal of Certain Prior Ordinances: All ordinances or parts of Ordinances conflicting with the provisions of this Ordinance are hereby repealed insofar as they are inconsistent with this Ordinance.

Section 4. Effective Date: This Ordinance shall take effect immediately upon enactment.

Ordained, Enacted, and Approved this 2nd day of May, 1994.