[Amended 2-15-1919, approved 2-15-1919]
A. No person shall make or set up any building, jut window,
steps, porches, wall, fence or encumbrance whatever whereby any street
or alley shall be obstructed or shall place or cause to be placed
any spout, post, gutter or tree (except in proper position) whereby
any street or alley shall be obstructed.
B. No storekeeper or other person shall allow any barrel,
box or other obstruction to remain on the pavement, sidewalk or footwalk
of any of the streets or alleys of the Borough after he has been notified
to remove the same by any appropriate Borough official or officer,
provided that, for the exhibition of goods, storekeepers shall be
allowed to use all but the area 48 inches from the curb in towards
the building between sunrise and sunset, and provided that they be
allowed to place and use a flat cellar door not extending more than
3/7 of the width of the pavement. Food or beverage service establishments
shall be allowed to use all but the area 48 inches from the curb in
towards the building between sunrise and sunset for the purpose of
placing cafe-style tables (maximum thirty-six-inch circumference)
and chairs for the convenience of their customers.
[Amended 2-1-1999 by Ord. No. 99-1, approved 2-1-1999; 7-15-2002 by Ord. No.
2002-1, approved 7-15-2002]
C. Obstruction of cartways; violations and penalties.
[Amended 5-20-1976 by Ord. No. 76-4, approved 5-20-1976; 8-15-1988 by Ord. No.
88-3, approved 8-15-1988]
(1) Findings and purpose. The Borough of Steelton finds
that:
(a)
Cartway areas of the streets, alleys and ways
of the Borough of Steelton are subjected to constant obstruction by
objects other than motor vehicles, including but not limited to snowplows,
sailboats, trailers, equipment, cement mixers and a myriad of other
like objects.
(b)
The prohibition of placement of objects other
than motor vehicles on the cartways of the Borough streets, alleys
and ways will permit the proper utilization of those streets, alleys
and ways and advance the public safety of the citizens of the Borough
of Steelton.
(2) Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
CARTWAY
The paved, macadamized or otherwise improved portion of a
street, alley or way.
MOTOR VEHICLE
A vehicle which is self-propelled on land, except one which
is propelled solely by human power or wind.
(3) Obstructing of cartways prohibited. It shall be unlawful
for any person to park, place or, in the case of a person who is the
owner, lessee or otherwise has an interest in the object, allow to
remain any object other than a motor vehicle in the cartway of any
street, alley or way of the Borough.
(4) Authority to remove and impound. The Borough shall
have the authority to remove and impound or to order the removal and
impounding of any nonmotorized object or vehicle found in the cartway
of the streets or alleys of the Borough.
(5) Designation of approved storage areas; bonding; storage.
Removal and impounding of objects under this article shall be done
only by either Borough personnel or approved agents that shall be
designated from time to time by the Borough Council. Every such approved
agent shall submit evidence to the Borough Council that it is bonded
or has acquired liability insurance in an amount satisfactory to the
Borough Council as sufficient to indemnify owners of impounded objects
against loss or damage to those objects in the custody of the approved
agent. The approved agent shall have an approved storage area and
shall submit to the Borough Council a schedule of charges for removal
and storage of objects under this article, and when the schedule is
approved by the Borough Council, those charges shall be adhered to
by the approved storage agent; no different schedule of charges shall
be demanded of or collected from any person whose object is removed
or impounded under this article by any approved storage agent. The
Borough Council shall delete from its list of approved storage agents
and areas any such agent that makes any unapproved charge in connection
with any objects removed or impounded under this article.
(6) Payment of removal and storage charges. The payment
of removal and storage charges shall not relieve the owner, lessee
or other person having any interest in such an object from liability
for any fine or penalty for the violation of the provisions of this
article for which the object was removed or impounded.
(7) Reclamation costs. In order to reclaim an object removed pursuant to the provisions hereof, the owner, lessee or other person having an interest therein shall pay removal and storage costs according to the schedule set forth in Subsection
C(5) above.
(8) Records of objects removed and impounded. The Borough
shall cause a record to be kept of all objects impounded under this
subsection and shall be able at all reasonable times to furnish the
owners, lessees or other persons having an interest in said object
with information as to the place of storage of the object.
(9) Restrictions upon removal of objects. No object shall
be removed under the authority of this subsection if, at the time
of the intended removal, the owner or the person in charge of such
object is present and expresses a willingness and intention to remove
the object immediately.
(10)
Penalty. Any person who shall violate any provision
of this subsection shall, upon conviction thereof, be sentenced to
pay a fine of not more than $600 and/or to imprisonment for a term
not to exceed 90 days. Every day that a violation of this subsection
continues shall constitute a separate offense. The aforesaid penalty
or penalties shall be in addition to the obligation of the person
to pay any removal and storage charges as set forth in other provisions
of this subsection.
[Added 5-20-1976 by Ord. No. 76-4, approved 5-20-1976; amended 2-1-1999 by Ord. No.
99-1, approved 2-1-1999]
Any person who shall violate any provisions
of this article shall, upon conviction thereof, be liable for a fine
for the first offense of $200, for the second offense of $400 and
for the third and any succeeding offense of $600 and, upon failure
to pay said fines, upon conviction, to imprisonment in the county
jail for a term of not more than 30 days. The continuation of said
violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.