It shall be a violation of this article for
any person, partnership, firm or corporation which occupies property
in the Borough of Marietta, whether as an owner or a tenant, to create
or to allow to exist an obstruction of any sidewalks.
For purposes of this article, the following
terms shall have the meanings indicated:
OBSTRUCTION OF SIDEWALK
Any living or nonliving object or projection that blocks,
obstructs or hinders the passage of pedestrian traffic on a sidewalk
within the width and height dimensions set forth in the definition
of "sidewalk" above or which blocks or obstructs the view of the operators
of motor vehicles. Things which shall constitute "obstructions" shall
include, but not be limited to, trees, shrubs, vines, hedges, fences,
barricades, machinery, vehicles, skateboards, scooters, sleds, bicycles,
toys and other like things not part and parcel of a sidewalk itself.
[Amended 9-12-2017 by Ord. No. 2017-04]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this article in equity in the Court of Common Pleas of
Lancaster County.