[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-22-1972 by Ord. No. 1972-43; amended in its entirety 3-24-1986 by Ord. No.
86-2 (Ch. 6, Part 5, of the 1986 Code)]
It shall be unlawful for any person, without justification or
legitimate purpose, to tamper with, change, alter, deface, vandalize,
damage, destroy or remove:
A.
Any real or personal property which is owned, maintained or operated
by the Borough, the Parking Authority of the Borough, or any of their
respective agencies, bureaus, boards or commissions;
B.
Any real or personal property which is located in the Borough and
which is owned, maintained or operated by a public utility company
or by a government agency or authority other than the Borough or the
Parking Authority of the Borough; or
Among the types of real or personal property included within § 180-1 are sidewalks, streets, alleys, malls, parking lots, playgrounds, parks, recreation areas, or other like facilities; grass, flowers, bushes or trees; streetlights, fire hydrants, water meters, water or gas cocks, telephone poles, manhole covers, sewer grates; traffic control devices or signs, parking meters; boundary markers or utility locator markers; official signs.
Any person who violates any section or provision of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300 and the costs of prosecution and, upon failure to pay
such fines and costs, to imprisonment for not more than 30 days.
[Adopted 7-9-2012 by Ord. No. 2012-5]
Disorderly and destructive behavior, including littering, taking
place in, on and around benches, tables, malls, planters and other
real and personal property improvements designed to improve the quality
of life in the Borough, is a serious threat to the welfare, contentment,
health, safety and peace of the residents of the Borough of Lewistown.
It is the intent of this article to prevent property damage, littering
and disorderly conduct that might jeopardize the health and welfare
of residents of the Borough of Lewistown or downgrade their quality
of life.
Among the types of real or personal property included within
this article are:
A.
The mall areas located between East Market Street and the Lewistown
Parking Authority lots;
B.
The Lewistown Monument Square Streetscape Project improvements, consisting
of colored pavers, planters, picnic tables, benches and other like
improvements;
C.
The exterior of the Historic Mifflin County Courthouse located on
Monument Square, including steps, ramps and walls;
D.
The Lewistown Monument Square area containing the Soldiers and Sailors
Monument, cannons, cannon balls, lighting and related improvements,
defined by the concrete curb surrounding the grassy area containing
said improvements;
E.
The benches, planters and related improvements located outside of
the Lewistown Borough Municipal Building; and/or
F.
Any similar improvements in the Borough of Lewistown, whether existing
at the time of this article or coming into being after this article
is adopted, so long as such improvements consist of real and/or personal
property designed for beautification and recreation and are funded,
owned, maintained or operated by the Borough, the Parking Authority
of the Borough, a public utility agency, or a government agency or
authority.
With regard to the real and personal property improvements described in the above § 180-5, it shall be unlawful to:
A.
Deface, injure, displace, remove or in any other manner damage any
bench, table, planter, monument, fence, sign, walkway, lawn, turf,
shrubbery, building, fruit, plant or any other natural or artificial
facility or appurtenance;
B.
Stand or lie on benches, planters or tables;
C.
Occupy any bench, table, seat or the like between the hours of 11:00
p.m. and 5:00 a.m.;
D.
Possess, carry or hold a lighted pipe, cigar or cigarette of any
kind, or any other lighted smoking equipment, or to light or emit
or exhale smoke from a pipe, cigar or cigarette of any kind or from
any other lighted smoking equipment while occupying any bench, table,
seat or the like;
E.
Solicit alms or sell tickets or any merchandise or post any notices,
advertisements or any other article without the specific advance approval
of the Borough Council;
F.
Drop, scatter or otherwise deposit garbage, wastepaper, rubbish or
any other things except in receptacles provided for such material;
G.
Start any fires or permit any fire to continue to burn; and/or
H.
Consume or possess any intoxicating liquor, wine or beer.
The Borough of Lewistown shall prominently post and properly maintain "No Smoking" signs or the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette in a circle with a bar across it, where smoking is regulated by this article. The Borough of Lewistown shall prominently post and properly maintain signs advising the public of the hours when the real and personal property improvements covered by this article are closed and unavailable for use. The Borough of Lewistown may post other signs regarding unlawful activities set forth in § 180-6.
A person who violates any provision of this article shall be
guilty of a summary offense and, upon conviction before a Magisterial
District Judge of appropriate jurisdiction, shall be sentenced to
pay a fine of not more than $600 and the costs of prosecution and,
upon failure to pay such fine and costs, shall be sentenced to imprisonment
for not more than 10 days.
