Borough of Indiana, PA Article VI Objects in Public Right-of-Way

[Adopted 10-7-1997 by Ord. No. 1712]

§ 400-35 Definitions.

For the purposes of this article, definitions will be as follows:

OBSTRUCTIONS

Obstructions shall include, but not be limited to, the following: signs, equipment, racks, displays, fixtures, products, furniture, trees, shrubbery, plants, and similar objects.

PERSON

A person, partnership, corporation, or other entity.

§ 400-36 Obstructions prohibited.

It shall be unlawful for any person to place any obstruction in, on, or upon a public right-of-way in the Borough of Indiana unless otherwise permitted by this article.

§ 400-37 Exceptions.

This article shall not apply to municipal, state, or federal governments.

§ 400-38 Application to place obstruction in right-of-way.

Any person desiring to place an obstruction in, on, or upon a public right-of-way within Indiana Borough must apply for a permit by filing an application with the Borough Manager or his designee on a form provided by the Borough of Indiana. No obstruction shall be erected or maintained prior to a permit being issued by the Borough of Indiana. The Borough Manager or his designee shall determine the time period for which the permit will be valid. The Borough Manager or his designee may issue a permit providing that the obstruction will not create a safety hazard. Each application shall have attached to it a plot plan showing the location of the obstruction. Permits for the erection of obstructions shall not be issued unless it is determined by the Borough Manager or his designee that there is no other area on the property where the obstruction could be feasibly located.

§ 400-39 Abandoned signs prohibited.

No person shall maintain or permit to be maintained, in, on, or upon any property located in the public right-of-way within Indiana Borough, an abandoned sign. An abandoned sign for the purpose of this article shall be:

A. A sign located on a property which is vacant or unoccupied for a period of 30 days;

B. A sign which was erected for an occupant or business unrelated to the present occupant or business; or

C. Any sign which relates to a time, event, or purpose which is more than three days in the past.

§ 400-40 Placement of signs restricted.

No signs shall be printed, pasted, attached, or placed on any tree, utility pole, or upon any natural feature.

§ 400-41 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction by a Magisterial District Judge, be subject to a fine of $25 for the first offense, $100 for the second offense, and $300 for the third or subsequent offense, together with costs. Each day shall constitute a separate offense. The Indiana Borough Council may, by resolution, change the provisions for fines.