[Added 4-14-2008 by Ord. No. 2008-04]
A.Â
Purpose; objectives. The purpose of this article is
to promote public health, safety and welfare by establishing reasonable
regulations governing signs on Borough property or located in the
public right-of-way. This article is enacted to promote vehicular
and pedestrian safety by prohibiting signage that obstructs the view
of or distracts attention by signs located on Borough property or
the public right-of-way.
B.Â
Prohibitions.
[Amended 5-14-2012 by Ord. No. 2012-06; 2-25-2013 by Ord. No.
2013-04]
(1)Â
Except as may be authorized under the provisions of Chapter 226, Article III, relating to Temporary signs and banners, no signs shall be erected on Borough property or within any public right-of-way except by governmental authorities in the discharge of a governmental function or pursuant to a license to occupy the Borough property or the public right-of-way. Any sign erected in violation of this provision shall be deemed a public nuisance and shall be subject to immediate abatement.
(2)Â
Sandwich
board and specialty display signs.
(a)Â
An exception is provided for sandwich board and specialty display
signs to be erected within the area along the frontage of a building
that houses a permitted commercial use with the sign base located
no closer than 18 inches from the edge of curb on Main Street between
the Falling Spring Creek and each corner of its intersection with
Catherine Street; on Lincoln Way from each corner of its intersection
with North Third Street to each corner of its intersection with Hood
Street as well as the area directly opposite each corner of its intersection
with Hood Street; and on Queen Street from each corner of its intersection
with Water Street as well as the area directly opposite each corner
of its intersection with Water Street to each corner of its intersection
with North Third Street. No more than half the sidewalk area may be
utilized for a sandwich board sign or specialty display sign, and
in no case shall less than four feet of public sidewalk remain available
for pedestrian traffic. The public sidewalk available for pedestrian
traffic must be contiguous with the adjacent public sidewalk available
for pedestrian traffic.
(3)Â
A
sandwich board is a structure comprised of two boards hinged along
the top to form a triangle not exceeding four feet in height measured
from ground level to the top of the structure. A specialty display
sign is a freestanding structure not exceeding four feet in height
measured from ground level to the top of the structure. The sign may
be placed on the sidewalk but not permanently affixed to the sidewalk.
By the act of placing the sign on the sidewalk in the public right-of-way,
the person or entity placing the sign or who or which is responsible
for placing the sign in the public right-of-way assumes total responsibility
for any loss, damage, personal injury or other liability that may
be associated with such placement of the sign. The person or entity
placing the sign further explicitly agrees to indemnify and save harmless
the Borough of Chambersburg from any and all claims, costs and expense
that may be related to damage or injury caused by the placement of
the sign.
C.Â
Penalty. In addition to the cost of abatement, if any, any person
and/or entity violating any and/or all of the provisions of this section
shall, upon conviction thereof, be guilty of a summary offense and
sentenced to pay a fine of not more than $25 plus court costs and
reasonable attorney fees and, in the event of default of payment,
such violator may be sentenced to imprisonment for a period not to
exceed five days. Each day and/or each violation by the same person
and/or entity shall be considered a new and separate violation of
the Code of the Borough of Chambersburg.
[Amended 9-22-2014 by Ord. No. 2014-08]
