The Borough Council finds that encroachments
and obstructions upon sidewalks create a hazard to persons, especially
those who are visually or mobility impaired, and finds that compliance
with regulations developed by the Department of Justice pertaining
to nondiscrimination on the basis of disability by public accommodations
and in commercial facilities as set forth in Part 36 of Title 28 of
the Code of Federal Regulations is a reasonable accommodation to mitigate
against such hazards.
No person, firm, corporation, partnership, association
or other entity, whether for profit or nonprofit, shall permit any
protruding object, including shrubs, tree branches and the like, to
project onto, over or upon any sidewalk owned, leased or maintained
by such person or entity upon which pedestrian traffic is invited,
licensed or otherwise privileged, in violation of the provisions of
this article.
Such objects projecting laterally onto, over
or upon any sidewalk with their leading edges between 27 inches and
80 inches above the sidewalk surface shall protrude no more than four
inches over the sidewalk, and protruding objects shall not reduce
the clear width of a sidewalk, accessible route or maneuvering space.
A minimum clear head room of 85 inches shall be maintained vertically
unless a barrier to warn blind or visually impaired persons is provided
in accordance with Department of Justice regulations as to such vertical
clearance reductions.
Any person violating any of the provisions of
this article shall be given notice, by certified or registered mail,
to correct said violation within 14 days from the date of receipt
of said notice. If the violation is not corrected within said time
period, then the Code Enforcement Officer or other Borough official
or agent shall file a complaint with the District Justice. In addition
thereto, should said violation not be corrected within said time period,
the Borough may, through its employees or agents, cause such violation
to be corrected and shall, in any appropriate legal forum, assess
the costs thereof against the violator, together with an administrative
surcharge of 10% of the cost of correction and the cost of maintaining
the legal action.
Any person violating any of the provisions of
this article shall, upon conviction, be guilty of a summary offense
and shall be sentenced to pay a fine of not more than $300 and/or
to be committed to the county jail for a period not exceeding 30 days,
plus costs of prosecution, and each day that a violation is committed
shall constitute a separate offense punishable hereunder.