The provisions of this article shall not apply to the sale,
storage or display of newspapers or periodicals.
A.
It shall
be unlawful for any vendor of groceries, fruits or produce or any
kind of foodstuffs or merchandise, except peddlers duly licensed or
authorized and farmers, to store, display, exhibit or sell his said
wares on public highways, including the sidewalk or cartway or any
portion thereof or to make use of the sidewalk or cartway or any portion
thereof as a place for salesmen, clerks or customers to stand while
transacting business or in any way to obstruct the sidewalk or cartway
or any portion thereof and prevent the free use of the same by the
general public.
B.
Grant
of limited permits.
[Added 2-8-1999 by Ord. No. 1224]
(1)
The
Borough Manager and Borough Zoning and/or Enforcement Officer may
(on an application by any merchant) grant limited permits to sell
or display any merchandise for sale as a sidewalk sale. Said merchant
may apply three times in any one year for periods of three weeks of
any one application (the three periods shall not be permitted to run
consecutively); provided, however, the merchant shall leave a width
of four feet for pedestrian traffic past said display.
(2)
The
permit shall be $10 for each three-week period, which permit fee may
be changed from time to time by resolution of the Council.
It shall be unlawful to put or place any box, boxes, barrels,
merchandise or other articles that obstruct the free use of any sidewalk
upon any of the sidewalks, except articles temporarily placed thereon
for the purpose of loading or unloading, removing or storing away.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Borough correctional facility for a period not exceeding
10 days or 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 Washington County.
