[HISTORY: Adopted by the Borough Council of the Borough of Lewistown as indicated in article histories. Amendments noted where applicable.]
Article I Tampering With, Damaging or Destroying
Article II Use of Malls, Benches and Monument Square Improvements
[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:
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;
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:
The mall areas located between East Market Street and the Lewistown Parking Authority lots;
The Lewistown Monument Square Streetscape Project improvements, consisting of colored pavers, planters, picnic tables, benches and other like improvements;
The exterior of the Historic Mifflin County Courthouse located on Monument Square, including steps, ramps and walls;
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;
The benches, planters and related improvements located outside of the Lewistown Borough Municipal Building; and/or
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:
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;
Stand or lie on benches, planters or tables;
Occupy any bench, table, seat or the like between the hours of 11:00 p.m. and 5:00 a.m.;
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;
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;
Drop, scatter or otherwise deposit garbage, wastepaper, rubbish or any other things except in receptacles provided for such material;
Start any fires or permit any fire to continue to burn; and/or
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.