[Adopted 12-13-1954 by Ord. No. 111 (Ch.
21, Part 2D of the 1990 Code)]
No person engaged in delivering any goods, wares
or merchandise to any property abutting upon any sidewalk, or in removing
any personal property, of any nature or character whatever, from such
property, may temporarily, for a total period of not more than one
hour, place any such goods, wares or merchandise, or other personal
property, upon such sidewalk as close as possible to the curb, to
facilitate the loading or unloading of the same. The occupant of such
property, or the owner thereof where such property is not occupied,
shall be responsible for conforming to the requirements of this section,
and any failure to conform thereto shall constitute a violation of
this article.
[Amended 11-9-2004 by Ord. No. 2004-16]
No person shall use any part of any sidewalk
in the Borough of New Hope for the display of merchandise or the placement
of signs, planters, flags, landscaping, tables, chairs, or other similar
objects, unless approved in advance by the Council of the Borough
of New Hope, or discussed in Subsection C below. All such objects
shall constitute unlawful obstructions to the convenient use of the
sidewalks.
A.
Following written notice from the Borough, the owner and/or tenant of any property abutting the sidewalk shall immediately remove such obstruction. Said written notice from the Borough to the owner and/or tenant of any property abutting the sidewalk shall state: "If you neglect, refuse or fail to remove such obstruction within two hours of notice from the Borough, the Borough may remove and store said obstruction at the expense of the owner and/or tenant, and the Borough shall collect such expense, and any additional penalty authorized by law, including but not limited to that described in Chapter 233, § 233-11 herein, from the owner and/or tenant of such property."
B.
Written notice may be served upon the property owner
and/or tenant by personal service or by prominently posting the notice
on the property, including the object itself.
C.
Trash receptacles of any type are allowed on the sidewalk
between the hours of 4:00 p.m. prevailing time on the day prior to
the collection of refuse and 7:00 p.m. prevailing time on the day
of collection.
D.
In case the owner and/or tenant of such property shall neglect, refuse or fail to remove such obstruction within two hours of written notice from the Borough, the Borough may cause the obstruction to be removed and stored at the expense of the Borough, and the Borough shall collect such expense, and any additional penalty authorized by law, including but not limited to that described in Chapter 233, § 233-11 herein, from the owner and/or tenant of such property.
E.
A policy with regard to storage, redemption, return,
payment for storage and removal shall be adopted and/or modified as
needed by resolution.
No person shall, hereafter, erect or place any
step, platform, passageway enclosure, bulk, bay or jut window, porch
or jamb or any similar obstruction in or upon any sidewalk. Provided,
nothing contained herein shall prohibit the construction or erection
of awnings, under the conditions set forth hereinafter, or the erection
of steps extending not more than three feet from the property or building
line, leading up to the first floor of any building, or the construction
of cellarways opening into a sidewalk, provided that such cellarways
shall be securely covered and protected with iron doors, which shall
be constructed so as to close flush in good repair and shall be closed
at all times except when in actual use for the removal or receipt
of goods, wares or merchandise; when opened every such cellar door
shall be properly guarded for the protection of persons using such
sidewalk.
No person shall install, erect or maintain any
awning, any portion of which shall overhang any sidewalk in the Borough,
unless the lowest point of such awning shall be not less than seven
feet above the level of such sidewalk.
Any construction or installation hereafter made or maintained in violation of any of the provisions of § 233-8 and/or § 233-9 of this article shall constitute an unlawful obstruction to the convenient use of the sidewalk. Within 10 days after notice to that effect from the Borough Council, the owner of any property abutting such sidewalk shall remove such obstruction, either by removal of the construction or installation constituting such obstruction, or by making such alterations as may be necessary to conform strictly to the applicable requirements of § 233-8 and/or § 233-9 of this article. In case the owner of such property shall neglect, refuse or fail to remove such obstruction within such time limit, the Borough Council may cause the same to be done at the expense of the Borough and the Borough shall collect such expense, and any additional penalty authorized by law, from the owner of such property.
[Amended 8-13-1990 by Ord. No. 1990-2]
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more $600 and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense, provided, the penalty imposed under this section may be in addition to any expenses and penalties in connection therewith authorized to be collected under § 233-10 of this article.
