It shall be unlawful for any person to construct, install or maintain
any cellar door, opening upon or into any sidewalk in the Township.
It shall be unlawful for any person to erect or maintain any post or
pole upon any sidewalk or sidewalk area in the Township, for the purpose of
supporting any awning, canopy, marquee or portico.
It shall be unlawful for any person to display or store any merchandise
upon any sidewalk in the Township unless such merchandise, including any stand,
table or support therefor, shall extend not more than one foot from back edge
of sidewalk toward the curb or outer line of the sidewalk, and shall be not
less than six feet in height.
It shall be unlawful for any person to erect any scaffolding upon or
over any sidewalk in the Township or to store upon any sidewalk or street
any material or equipment used in construction or repairs to the sidewalk
or in the construction of any vault thereunder, unless there shall be left
a passageway for pedestrians at least three feet in width alongside such scaffolding
or other obstruction.
Any person violating the provisions of this article shall cause any
deposited material to be removed from the street, road, alley, sidewalk or
public property within six hours from the occurrence. In the event of an immediate
danger to the public health or safety, the material shall be removed immediately.
In the event that deposited material is not so removed, the Township shall
cause such removal and the cost thereof shall be charged to the person responsible.
Any person violating the provisions of this article shall be subject
to the following nonexclusive fines and penalties, one or more of which may
be pursued by the Township concurrently:
A. Any person who violates or permits a violation of this
article shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a District Justice, pay a fine of not more
than $600, plus all court costs, including reasonable attorney's fees, incurred
by the Township in the enforcement of this article. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
B. The Township Manager may suspend or revoke any permit
issued by the Township to a person responsible for the violation of this article
if the materials unlawfully deposited are a product of work authorized by
such permit, such suspension or revocation to continue:
(1) Until the Township has been compensated for any charges
incurred by Township in cleaning up or removing the unlawfully deposited material.
(2) Until the person responsible has paid or deposited in
escrow any fines or penalties which a District Justice determines to be due
by reason of a violation of this article.
(3) Until such time as the Township determines that the person
responsible has taken adequate precautions to assure that the unlawful depositing
of materials will not reoccur.
C. Any person whose permit shall have been revoked by the
Township Manager may, within 30 days of such suspension or revocation, appeal
such decision to Township Board of Supervisors.