[Adopted 9-1-1981 as Ch. 55, Part
4, of the 1981 Code]
The streets, alleys and sidewalks in this Borough
are hereby declared to be for the common use of the traveling public
except insofar as the same may be restricted herein or by other municipal
action. No person, firm or corporation shall place or cause to be
placed any obstruction above, upon or under any street, alley or sidewalk
in the Borough except upon the consent and subject to such conditions
as the Borough may impose, and then at the risk and responsibility
of such person, firm or corporation.
[Amended 7-6-1999 by Ord. No. 99-691]
It shall be the duty of all persons, firms and
corporations wishing to erect, repair or remove buildings, excavate
for walls, cellars or vaults, or make any improvements, the doing
of which would in any way encumber or obstruct any sidewalk, street
or alley, before proceeding with the same, to obtain a permit from
the Zoning Officer, which permit shall describe the locality of each
contemplated improvement and specify the time required to do the same.
No such permit shall be granted for a longer time than 14 days, except under special circumstances as provided in § 185-11 hereof, and in no case shall any permit allow the blocking or obstructing of any street, other than opposite and immediately in front of the lot to be improved. The material used shall be put up in compact form or heaps, placed lengthwise along the street or alley, and placed so as to leave the gutter unmolested. In no case shall the permit to obstruct extend as to more than half the width of the street or alley, and the holder of such permit shall erect and maintain such guards, warning signs and warning lights as the Borough may require.
An extension of such permit may be granted for
one month or less, after special consideration of the matter by Borough
Council, and shall be granted in any case where a hardship would result
by refusal of such extension. A fee as set from time to time by resolution
of the Borough Council, for the use of the Borough, shall be paid
by the permit holder for each such extension. All material and rubbish
shall be removed by the permit holder after such improvements have
been completed and before the expiration of the time limit stated
in the permit.
The occupant in the case of any occupied lot
and the owner in case of any unoccupied lot within the Borough shall,
when required by notice from the Street Commissioner, remove all wood,
coal, ashes, bales, boxes and any other unauthorized obstructions
on the sidewalk, square, street or alley in front of or adjoining
such lot. In case any person, firm or corporation shall fail to remove
any such material or other obstruction therefrom within the time limit
stated in such notice, the Street Commissioner may remove or cause
the removal thereof, and the Borough shall collect the cost of such
removal plus 10% from the owner or occupant, as the case may be, of
said property.
[Amended 12-20-2013 by Ord. No. 2013-798]
Any person, firm or corporation who or which
shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 and costs
of prosecution or, in default of payment of such fine and costs, to
undergo imprisonment for not more than 30 days, provided that each
day's violation of any of the provisions of this article shall constitute
a separate offense; and provided, further, that nothing herein contained
shall be construed to interfere with the grading, curbing and paving
of sidewalks, streets and alleys nor with the placing of material
for that purpose under the direction of the Street Commissioner.
