Borough of Phoenixville, PA
Chester County
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[Ord. No. 2018-2286, 4/10/2018]
Except as specifically authorized in this section, no person or legal entity, including, but not limited to, any corporation, partnership, association or religious society, shall place or cause to be placed, upon any public sidewalk ("public sidewalk") and/or any building ingress or egress (collectively "building accessway"), in the Borough, any object ("object"), including, but not limited to, any merchandise, stand, receptacle, public mailbox, newspaper dispenser, planter, statue, freestanding architectural object, seating, table, sign and/or display, and no property owner or occupant of the premises shall permit any object to remain on any such building accessway and/or public street which they own or occupy or which they or any of them are responsible for maintaining under the Pennsylvania Borough Code and/or Borough ordinance; provided, however, that:
Goods, wares and/or merchandise may be placed temporarily on the public sidewalk, in the course of delivery or transfer, but only in a manner that does not interfere with the safe public use of such public sidewalk, does not obstruct access from the curb to the unobstructed public sidewalk and/or allows the public sidewalk to be used in compliance with the Americans with Disabilities Act.
Merchandise, mailboxes, newspaper dispensers, planters and benches may be placed in front of buildings, but only within three feet of the front facade of the building; merchandise may be so displayed only by the occupant of the premises, and only when the premises is open for business and mailboxes and newspaper dispensers may be so placed only pursuant to Borough permit and nothing may be so placed unless placed in a manner that is safe, does not violate any other applicable regulation and does not block easy access to firefighting equipment.
Seating, tables and umbrellas may be placed in front of outdoor cafes, provided that seating and tables do not encroach on the minimum pedestrian walkway of 36 inches clear, which is required to be maintained in front of the outdoor cafe.
As used in this section, "building accessways" are from any doorway to the public sidewalk, which building accessway is bounded by two parallel lines, perpendicular to the street center line, one line extended from each side of the doorway opening.
[Ord. No. 2018-2286, 4/10/2018]
The Borough Code Enforcement Department shall have the authority to remove any object placed on the public sidewalk in violation of § 21-701 and to collect the cost of such removal, with an additional amount of 10% of such costs from the property owner and/or occupant of the premises.
[Ord. No. 2018-2286, 4/10/2018]
Any person, firm, corporation, association or organization who or which shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, or in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.