[Adopted 5-19-1986 by Ord. No. 414]
A.
PERSON
REQUIRED SIDEWALK AREA
SIDEWALK
STREET
As used in this article, the following terms shall have the meanings
indicated:
Includes any natural person, corporation, partnership, association
or firm.
Has the same definition as the word "sidewalk" in the Pennsylvania
Borough Code.[1]
Has the same definition as the word "street" in the Pennsylvania
Borough Code.[2]
B.
The singular shall include the plural, and the masculine shall include
the feminine and neuter.
It shall be unlawful for any person to store or display merchandise
or any other tangible personal property upon any sidewalk or within
the right-of-way of any opened street in the Borough of Ligonier,
with the following exceptions:
A.
The Borough Council may, by resolution, suspend the operation of
this article for community-wide special occasions or sales promotion
days. Said resolution may establish rules and regulations governing
displays and sales of merchandise during the community-wide special
occasions or sales promotion days. For these purposes, the Mayor shall
designate the portions of the sidewalks on which merchandise may be
displayed in accordance with the resolution of Council.
B.
The Borough Council may suspend the operation of this article for
temporary patriotic, civic or charitable purposes. All sales for patriotic,
civic or charitable purposes shall be held in the bandstand area of
the Ligonier Diamond Park, except for by special permission granted
by Council.
C.
This article shall not be construed to prevent the sale of fuel from
pumps located along the curbs or sidewalks which have existed prior
to August 8, 1963.
D.
This article shall not be construed to prohibit the otherwise lawful parking of motor vehicles or use permitted by Article VIII of this chapter.
E.
It shall not be a violation of this article for any merchant located
in the C1 or C2 District to display merchandise in the area between
the Borough right-of-way line and the edge of the required sidewalk
area, provided that the display is located no more than 30 inches
from the Borough right-of-way line. In no event shall merchandise
be displayed in the required sidewalk area, in the space between the
required sidewalk area and the curb or in the area of the street used
for vehicular traffic or parking. Displays of merchandise under this
section must be of a nonpermanent nature and must be neat and orderly.
Such displays shall be permitted between the daylight business hours
of 9:00 a.m. and 8:00 p.m. Any merchant desiring to display merchandise
under this section shall, upon payment of a permit fee as established
by Borough resolution, obtain a permit from the Borough secretary,
which permit shall be valid from the date of issue to the end of the
calendar year. The Borough Council reserves the right to promulgate
rules and regulations governing display of merchandise under this
section.
Any person who displays merchandise under the provisions of
this article hereby indemnifies the Borough against any and all liability
resulting from the uses permitted hereunder.
[Amended 1-12-1989 by Ord. No. 438; 7-12-2001 by Ord. No. 514]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 and costs of prosecution and, in default thereof, to imprisonment
in the county jail for a term not exceeding 30 days. Each day that
a violation of this article continues shall constitute a separate
offense.
