Pennsylvania Act 1957-412 — PROVIDING FOR CONSTRUCTION OF ROADSIDE RESTS ADJACENT TO COUNTY AND TOWNSHIP ROADS

Act text

PROVIDING FOR CONSTRUCTION OF ROADSIDE RESTS ADJACENT TO COUNTY AND
                              TOWNSHIP ROADS
                 Act of Jul. 17, 1957, P.L. 957, No. 412              Cl. 36
                                  AN ACT

     Providing for the construction, erection and maintenance of
        roadside rests by counties and townships adjacent to county
        and township roads; providing for the acquisition of
        interests in land by gift, purchase or condemnation; granting
        powers to and imposing duties upon counties and townships,
        and authorizing rules and regulations, and providing
        penalties for violations thereof.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  In addition to roadside rests provided for by any
     other act of Assembly, the board of county commissioners of each
     county and each board of township commissioners and each board
     of township supervisors are hereby authorized and empowered to
     construct, erect and maintain roadside rests adjacent to county
     and township roads for the health, safety, welfare and
     accommodations of the traveling public. The location and size of
     such roadside rests shall be determined by the county or
     township constructing it. No roadside rests shall be constructed
     or erected pursuant to this act unless surrounded on all sides,
     except that side which fronts on a county or township road, by
     at least twelve hundred feet of Federal or State-owned lands in
     which no commercial signs or other advertising media are
     situated or authorized, or by privately owned lands the owners
     of which have irrevocably agreed in writing with the board of
     county commissioners or the board of township commissioners or
     the board of township supervisors, as the case may be, that no
     commercial signs or other advertising media or commercial
     enterprises will be permitted thereon or within twelve hundred
     feet thereof without the written permission of the board of
     county commissioners or the board of township commissioners or
     the board of township supervisors, as the case may be, or by an
     area of at least twelve hundred feet which is zoned to prohibit
     the erection of commercial signs or other advertising media or
     commercial enterprises thereon. Three such roadside rests may be
     erected in each county.
        Section 2.  Each county and township shall have the right and
     the power to acquire by gift, purchase or condemnation such
     easements, right of ways and other rights in real estate as may
     be necessary for the construction, erection, maintenance and
     protection from encroachment of such roadside rests. The cost of
     planning, acquisition, construction and erection of any one rest
     shall not exceed eight thousand dollars ($8,000). The power of
     eminent domain for the purpose of condemnation of such
     easements, right of ways or other rights in real estate shall be
     exercised in the same manner as is now or may hereafter be
     provided by law for the condemnation of property in changing the
     widths, lines and locations of county and township roads. When
     and if such easements, right of ways and other rights in real
     estate are acquired, they shall become part of the county or
     township road system on which they are located or to which they
     are adjacent.
        Section 3.  The construction and erection of such roadside
     rests may be done either by contract or by employes of the
     counties or townships. Contracts for the construction and
     erection of such roadside rests shall be entered into in the
     same manner as is now or may hereafter be provided by law for
     the construction of county roads and township roads.
        Section 4.  Counties and townships shall have the right and
     power to acquire either fiscal, material or labor, gifts or
     donations, from local groups, commercial or institutional,
     towards construction and construction costs of the roadside
     rests authorized by this act and towards additional features
     costing beyond the eight thousand dollars ($8,000) limitation
     upon planning, acquisition, construction and erection of any one
     roadside rest prescribed by section 3 of this act. The
     provisions of this section shall not be construed to authorize
     county or township expenditure on any one roadside rest beyond
     the eight thousand dollar ($8,000) limitation heretofore
     prescribed by this act.
        Section 5.  Any equipment and facilities which may be
     determined to be necessary for such roadside rests by the board
     of commissioners or boards of supervisors shall be purchased in
     the manner provided by law for the purchase of materials by
     counties and townships.
        Section 6.  The cost of the planning, acquisition,
     construction, erection and maintenance of such roadside rests
     may be paid out of moneys in the treasuries of the counties or
     townships which erect the roadside rests or may be paid out of
     moneys available in the county Liquid Fuels Tax Fund created by
     the act of May 21, 1931 (P.L.149), known as "The Liquid Fuels
     Tax Act."
        Section 7.  Each county and township shall have authority to
     adopt and promulgate rules and regulations governing the use of
     such roadside rests by the public. All persons using such
     roadside rests shall be subject to such rules and regulations.
     The roadside rests may be operated for commercial purposes. Any
     person violating any of the rules and regulations posted on or
     in any such roadside rest shall be guilty of a summary offense,
     and upon conviction thereof, shall pay a fine of not less then
     five dollars ($5) nor more than two hundred fifty dollars ($250)
     and costs of prosecution, together with any amount which may be
     necessary to reimburse the county or township for the expense of
     repairing any damage to the roadside rest or its equipment
     resulting from such violation. Such fines and reimbursement for
     damages shall be paid into the treasury of the county or
     township which erected the roadside rest.
        Section 8.  This act shall take effect immediately.