[Adopted 5-22-1922 by Ord. No. 270]
No person or persons, individual or corporate,
shall lead or drive any horse or cattle or draw or back or cause to
be drawn or backed any wagon, cart or other vehicle of any kind, name
or nature, including automobiles and vehicles propelled in anywise
other than by horse power, over or upon the sidewalk and/or curb of
any street, road, avenue or public place within the Borough for any
purpose whatsoever, except at properly constructed driveways, without
written permission as herein specified.
[Amended 6-7-1950 by Ord. No. 628; 5-29-1990 by Ord. No.
1538; 12-30-1991 by Ord. No. 1610; 4-11-2000 by Ord. No. 1893]
Application for a permit to lead or drive over or upon the sidewalk and/or curb of any street, road, avenue or public place within the Borough as prescribed in § 236-1 of this article must be made to the Borough Clerk. The applicant shall be required to pay a permit fee and deposit with the Clerk a deposit as set forth in Chapter 133, Fees. The Borough shall be authorized to pay out of said deposit so much thereof as may be necessary to repair and restore any damages to said sidewalk or curb. The determination of the Superintendent of Public Works shall be final as to any damage and the necessity and cost of any repairs or restoration to such sidewalk or curb. Upon the Superintendent of Public Works filing with the Borough Clerk such determination in writing, the licensee shall be entitled to a refund of any balance of his deposit.
[Amended 5-29-1990 by Ord. No. 1538]
A.
In all cases where a permit has been issued, it shall
be the duty of the Clerk forthwith to advise the Superintendent of
Public Works of the name of the applicant and the location of the
walk and/or curb permitted to be traversed. It shall be the duty of
the applicant to keep the permit at or near the premises and to exhibit
the same to any Borough official on demand.
B.
It shall be the duty of the Superintendent of Public
Works or his designee, at the request of the Borough Clerk when the
use permitted has been completed, to certify that no damage has been
caused by such use or specify the extent of damage, if any. In the
event of damage to the walk or curb in question, the Superintendent
of Public Works is directed to repair the same and certify the cost
thereof to the Clerk.
Each application shall not include a greater
area than 10 linear feet of sidewalk and/or curb, which area shall
be particularly specified in the application and the permit issued
thereunder.[1]
[1]
Editor's Note: Original Section 5, which immediately
followed this section and dealt with the Clerk's fees, was deleted
5-29-1990 by Ord. No. 1538.
[Amended 5-29-1990 by Ord. No. 1538; 2-10-2009 by Ord. No. 2201]
Any person or persons violating the provisions of this article by driving over any portion of a sidewalk and/or curb without first having obtained permission to do so shall, upon conviction, be subject to such penalties as are provided in Chapter 204 of this Code.
