[Ord. 1359-09, 1/12/2009, § 1]
This Part shall be known as the "U.S. Business Route 15 Scenic
Byway Ordinance."
[Ord. 1359-09, 1/12/2009, § 2]
The purpose of this Part is to accommodate the "Scenic Byway"
designation along the U.S. Business Route 15 corridor by prohibiting
certain advertising devices along U.S. Business Route 15 in accordance
with the parameters set forth in state and federal law, and to enable
state or federal funding to be obtained to preserve the natural beauty
of this highway and to promote the public welfare.
[Ord. 1359-09, 1/12/2009, § 3]
As used in this Part the following words shall have the meanings
ascribed:
BOROUGH
The Borough of Gettysburg and its Borough Council or designated
representatives.
ERECT
To construct, build, assemble, place, affix, attach, create,
paint, draw, or in any other way bring into being or establish, but
it shall not include any of the foregoing activities when performed
as an incident to the change of advertising message or customary maintenance
and repair of a sign or sign structure.
OUTDOOR ADVERTISING DEVICE
Any outdoor sign, display, light, figure, painting, drawing,
message, plaque, poster, billboard or other thing which is designed,
intended or used to advertise or inform.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Borough.
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 law as the
subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or imposing a fine or imprisonment, the term
"person" shall include the members of an association, partnership
or firm and the officers of any local agency or public or private
corporation.
RESPONSIBLE PERSONS
All persons in possession or control of real estate by reason
of a lease, contract or other legal right or claim, and all persons
performing work for the owner or person responsible.
[Ord. 1359-09, 1/12/2009, § 4]
No outdoor advertising device, as defined in this Part, may
be erected by any owner, person responsible or other person:
A. Within 660 feet of the nearest edge of the right-of-way of U.S. Business
Route 15 or more than 660 feet from the nearest edge of the right-of-way
if the sign is visible from the main-traveled way of U.S. Business
Route 15 and the purpose of the sign is that its message be read from
the main-traveled way of U.S. Business Route 15, except as follows:
(1)
The official signs and notices which are required or authorized
by law and which conform to the national standards promulgated by
the Secretary of Transportation of the United States pursuant to 23
U.S.C. § 131 (relating to control of outdoor advertising);
(2)
Outdoor advertising devices advertising the sale or lease of
the real property upon which they are located;
(3)
Outdoor advertising devices advertising activities conducted
on the property on which they are located, including devices which
display a message that may be changed at reasonable intervals by electronic
process or remote control; and
(4)
Directional signs, including, but not limited to, signs pertaining
to natural wonders, scenic and historical attractions and other points
of interest to the traveling public which conform to the national
standards promulgated by the Secretary of Transportation of the United
States pursuant to 23 U.S.C. § 131.
[Ord. 1359-09, 1/12/2009, § 5]
All outdoor advertising devices constructed and existing on
the effective date of this Part, which would be prohibited under this
Part, shall be permitted except that if the device shall not be used
for advertising for a period of one year or shall become dilapidated,
the device shall be removed.
[Ord. 1359-09, 1/12/2009, § 6]
For purposes of this Part, the person or persons holding legal
title to property on which a person is maintaining a condition of
premises in violation of this Part shall be subject to the remedies,
penalties and liability imposed by enforcement of the Part.
[Ord. 1359-09, 1/12/2009, § 7]
Whenever a condition constituting a violation of this Part is
found to exist, the Borough or its designated representative shall
cause a written notice to be served upon the owner(s) of the subject
premises, as well as other persons responsible for the outdoor advertising
device. Service of this notice may be made by personal delivery to
the owners, or other persons responsible, describe the conditions
of the property which constitute the violation, set forth the applicable
section(s) of the Part, and set forth a reasonable time to correct
or remedy the violation.
[Ord. 1359-09, 1/12/2009, § 8]
1. Violation of this Part may result in any one or more of the following
actions:
A. The Borough may order the removal of outdoor advertising devices
installed or constructed in violation of the provisions of this Part.
B. The Borough may institute proceedings before the District Judge or
in a court of law to recover penalties and costs as provided in this
Part.
C. The Borough may institute an action in equity or at law to abate
the violation and obtain such other relief as is appropriate.
2. The remedies provided herein for the enforcement of this Part, or
any remedy provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively at the
option of the Borough.
[Ord. 1359-09, 1/12/2009, § 9]
Any person who violates or permits the violation of this Part
shall, upon being found liable therefor in a civil enforcement proceeding,
pay a fine in amount not to exceed $100 for each violation, together
with all court costs including reasonable attorney's fees incurred
by the Borough. Each day a violation shall continue shall constitute
a separate violation except for periods of time allowed by the Borough
for correction or elimination of the violation. No judgment shall
be imposed until the date of the determination of a violation by the
court.
[Ord. 1359-09, 1/12/2009, § 10]
If the roadway is designated a Byway by the Commonwealth of
Pennsylvania, Department of Transportation, the Borough shall enforce
the prohibitions set forth in this Part and shall not revise this
Part without the prior written approval of the Department. Failure
to do so may result in revocation of the Byway designation.