[Adopted 1-26-1999 by Ord. No. 99-01 (Ch. 21, Part 5, of
the 1992 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The land set aside for use as a street, alley or other means
of travel, including that deemed necessary to provide adequate width
for future improvements.
A.
It shall be unlawful for any person, persons, firm or corporation
to establish gardens, place plantings or trees, or to place, erect
or build or cause to be placed, erected or built any fixed or portable
sports equipment, including but not limited to basketball and/or hockey
nets, play equipment, other structures, objects or materials of any
kind, on public grounds, rights-of-way, sidewalks or other public
areas.
B.
Property owners adjacent to a right-of-way shall have the responsibility
for maintenance and repair of the paved and unpaved areas within said
right-of-way, including curbs and sidewalks.
A.
Any person or persons, firm or corporation who violates any of the
provisions of this article shall, for each and every such violation,
upon conviction thereof before any Magisterial District Judge, be
subject to a fine or penalty not in excess of $300 for each and every
such offense.
B.
The proceedings for the recovery of such fine or penalty for the
violations of the provisions of this article may be commenced either
by warrant or summons at the discretion of the Magisterial District
Judge before whom the proceedings are commenced, and all and every
such fine or penalty so recovered shall be paid to the Treasurer of
the Township of Middletown for the use of the said Township, and upon
judgement being rendered against any such person by summary conviction
or by proceedings by summons, on default of the payment of such fine
or penalty imposed and the costs, may be sentenced to imprisonment
for a period not exceeding 30 days.
C.
The imposition of one fine or penalty for any violation of this article
shall not excuse the violation or permit it to continue, and all such
person or persons, firm or corporation shall be required to remedy
such violation forthwith after notice to do so; each day that the
prohibited condition is maintained shall constitute a separate offense.
D.
The Township, after effectuating the appropriate notice to any person
or persons, firm or corporation violating the provisions of this article
requiring removal of said encroachment within 10 days of the notice,
and said person, firm or corporation's failure to remove said
encroachment within 10 days, is authorized to remove the encroachment
and collect the cost of removal together with the penalties imposed
by this article or under the law for collection of municipal liens.
[Added 10-7-2003 by Ord. No. 03-20]
