[Adopted by the Borough Council 6-1-2021 by Ord. No. 21-09[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
General Rules and Regulations, adopted 4-6-1982 as Ch. 186, §§ 186-1 through 186-3, 186-5 through 186-10,
186-13 through 186-15, 186-22 and 186-36, of the 1981 Code, as amended.
A.
It shall be unlawful for any person to obstruct in any manner, with
any material, thing or vehicle, the free and full use by the public
of the street and sidewalk areas of the Municipality, and any such
obstruction is hereby declared a public nuisance, except to such extent
as may be permitted by this section.
B.
Upon written application, the Council may, if, in its opinion, it
does not materially affect the free and full use of the street and
sidewalk areas, permit, by resolution, any object, structure or thing
to be placed in the street or sidewalk area but, in so doing, may
require any or all of the following:
(1)
The applicant shall agree, in writing, that such an object, structure
or thing so permitted to be placed in the street or sidewalk area
shall be removed promptly by the applicant at any time upon the direction
of the Council. Notice of such action of the Council shall be sufficient
if delivered to the last known place of residence of such applicant.
(2)
The definite and specific space or place where such obstruction is
to be located shall be specifically set forth, and no other space
or place shall be so occupied.
(3)
Every applicant issued a permit under this section shall maintain
the required insurance throughout the period of the contract work
and maintenance responsibility as indicated below:
(a)
Public liability insurance: public liability insurance covering
the contractor, its subcontractors and the Municipality for injury
or damage caused directly or indirectly by it or its employees for
the following limits and in the future may be adjusted by resolution
of Municipal Council:
(b)
The Municipality of Norristown shall be named as an additional
insured on such policies. Thirty calendar days' notice of cancellation
of any such policies shall be provided to the Municipality.
(4)
The Council may, in its discretion, require a bond to be given by
the person or entity given permission, in such reasonable amount as
may be determined by the Council and conditioned upon compliance with
the terms of this section.
C.
Payment of lien prior to release. Reasonable efforts shall be made
by the Police Department to contact the owner of any such obstruction
by personal notice or by writing left at his place of residence, if
known, requesting removal of the obstruction; and if not then removed,
at the option of the Municipality, any such obstruction may be removed
by the Municipality Police Department and/or other employees of the
Municipality to a public storage place and there placed in storage
at the expense and at the risk of the owner, and thereupon all responsibility
of the Municipality shall cease and determine in reference to such
obstruction so removed, except for the repayment to the Municipality
of any hauling, towing or other charges paid for by the Municipality,
together with a penalty of 10%. The place where such obstructions
are placed in storage shall have the right, in its discretion and
as it deems necessary and expedient, to dispose of any vehicle, article
or other thing placed with it, by sale or otherwise, in order to provide
for the payment of any charges due the Municipality or due for handling
or storage or other charges where such things are placed in storage.
No aerial wire or cable shall be erected or placed within, along,
across or over any street or alley, except when permission is granted
by the Municipality Council for such erection.
No barricade, red light or other protective device, while the
same is in use within the limits of any street or alley of the Municipality
for the protection of the public, shall be removed from such street
or alley or interfered with, except by persons properly authorized
so to do. Travel upon a street undergoing repairs or improvements,
while the entrance to such highway area is barricaded against public
use, is forbidden, and the presence of the ordinary barricade used
for that purpose shall be deemed to be public notice that the highway
is closed to travel.
It shall be unlawful for any person to willfully and maliciously
break, throw down or extinguish any lamps set up or suspended in any
street, lane or alley within the Municipality or to willfully or maliciously
damage the post, iron or any portion thereof or to overthrow or otherwise
injure, remove or carry away any lamppost or anything pertaining thereto
within the Municipality.
It shall be unlawful for any person to pitch quoits, to play
baseball, football, shinny or other game of ball or to throw a ball,
stone or any missile upon any of the streets or alleys in the Municipality
in such manner as to endanger any person or property.
No vehicles for the removal of dead animals, bones, fat, offal
or other offensive matter shall be permitted to remain upon the streets
of the Municipality; and when loading the same, the utmost dispatch
shall be exercised.
Each notice required by this article must be served upon the
owner of the premises to which the notice refers if the owner is a
resident of the Municipality. If the owner is not a resident of the
Municipality, such notice is to be served upon his agent or the tenant
or occupant of the premises in question. If service cannot be made
in any of the ways above mentioned, the service can then be made by
posting the notice on the premises involved.
Any person or persons, corporation, partnership or other entity
whatsoever violating any of the provisions of this article shall,
upon conviction, be sentenced to pay a fine not to exceed the maximum
fine of $600, plus costs of prosecution, and in default of payment
of such costs and prosecution, shall be sentenced to imprisonment
for a term not exceeding 30 days; provided, however, that if the District
Justice determines that the defendant is without the financial means
to pay the fines and costs immediately or in a single remittance,
such defendant shall be permitted to pay the fines or costs in installments
and over such periods of time as the District Justices deems to be
just.
