[Adopted 6-15-2010 by Ord. No. 1068]
This article is enacted pursuant to the Borough Code granted
to the Borough in accordance with the provisions in 53 Pa.C.S.A. § 45101
et seq., as amended.
As used in this article, the following terms shall have the
meanings indicated:
A privately owned bench placed on a sidewalk, including any
structure on which patrons of businesses and members of the public
can sit for the convenience of such individuals.
Any tangible or intangible property offered for display or
sale and shall include but not be limited to food, beverages, goods,
wares, furniture, equipment, tickets, publications, services or examples
of goods or wares, or likenesses of items offered for sale within
the adjoining businesses.
A publication or news periodical containing news reports,
editorials, or other information circulated within the Borough of
Brookville on a daily, weekly, or any other regular basis.
Any self-service mechanical or coin operated box, container,
or storage unit or other dispenser installed, used or maintained for
the display of newspapers.
A bench, seating object, flower box, display of stock-in-trade,
or other object placed by a person which hinders or impedes the free
and uninterrupted passage of pedestrians and any public works equipment
upon any sidewalk; included in this definition is any sign, awning
or architectural feature that is located less than seven feet in height
as measured from the sidewalk surface. Obstructions are also referred
to as "objects" in this article.
A natural person, corporation, partnership, or business entity.
Any street, street right-of-way, Borough road, public easement
or Borough way accepted by the Borough of Brookville and within the
control of the Borough of Brookville.
The exchange of any object of merchandise or food for any
form of consideration, whether at retail or wholesale, regardless
of whether a profit is made.
Any public, improved path for pedestrians located on or abutting
a public way of the Borough of Brookville and within the control or
ownership of the Borough. This article does not apply to sidewalks
located outside the public right-of-way or control of the Borough.
Anything constructed or erected adjacent to, on, or above
the sidewalk.
A.
No person shall place any obstruction within the bounds of a sidewalk
unless otherwise permitted under this article or any other ordinance
of the Borough of Brookville. It is the intent of the Council of the
Borough of Brookville that existing situations and property conditions
are not to be grandfathered from the provisions and enforcement of
this article unless specifically provided herein.
B.
Specifically prohibited locations. No object otherwise permitted
under this article shall be placed, used or maintained as follows:
(1)
Within 10 feet of any fire hydrant or other emergency equipment or
facility;
(2)
Within seven feet of any marked pedestrian crosswalk as measured
from the point of intersection between a crosswalk and the sidewalk
curbing closest to the intended location of said object;
(3)
Within five feet of any intersecting driveway, alley or street;
(4)
In a manner which interferes with ingress or egress from private
property or public facilities;
(5)
Such that the placement causes a safety hazard for pedestrian traffic
or vehicular traffic or obstructs the view of such traffic from the
public way; and
(6)
For advertising, as a sign or for publicity purposes.
C.
Other restrictions and conditions.
(1)
All objects shall be maintained by the owner of the object at all
times, in a clean, neat and attractive condition and in good repair.
The area around said object shall be kept free of debris and lifter
at all times.
(2)
No sign, awning or architectural features shall be located less than
seven feet in height as measured from the sidewalk surface.
(3)
No person shall permit graffiti nor unauthorized lettering or words
to be placed or remain on any object located on or above the sidewalk.
(4)
An unrestricted passageway of at least 48 inches between any structures
or objects, whether public or private, that might otherwise be permitted
under this article, shall be maintained for pedestrians at all times.
D.
The provisions of this article shall not apply street lights, traffic
light posts, traffic signs, fire hydrants, parking meters, fine collection
boxes, public waste containers or similar types of objects where placement
of the object on the public right-of-way has been duly approved by
the Borough of Brookville and/or the Pennsylvania Department of Transportation.
Existing trees or trees to be placed in areas designated for trees
in street plans approved by the Borough shall not be subject to the
provisions of this article; however, the planting and maintenance
of the trees may be subject to regulation by the Borough Tree Commission.
E.
Objects that have been permanently attached to a sidewalk by private
owners at the time of the adoption of this article shall not be subject
to removal pursuant to this article provided that a determination
has been made that the object does not present an unreasonable danger
to pedestrians. Said determination shall be made by a committee consisting
of the Code Enforcement Officer, the Borough Health Officer, the Chief
of Police and the Fire Chief. In making their determination, the committee
shall consider the size, visibility, stability and location of the
object, the purpose to be served by the object, the proximity of the
object to other permanent object or parked vehicles, the width of
passage for pedestrians and any dangers or impediments the object
may present to pedestrians. The findings of the committee shall be
presented in writing to the owner or affected party and if owner or
affected party does not agree with the decision of the committee,
he or she shall have the right to appeal and a hearing de novo before
Borough Council, provided that they file a letter or notice of appeal
with the Borough Secretary within 30 days of the receipt to the written
decision of the committee.
No person shall place, locate, or install a bench or flower
box on a sidewalk, as defined in this article, unless the following
requirements are met:
A.
Location. See § 193-7A, B and C above; all said restrictions
and conditions shall apply.
B.
Proximity to adjacent premises. Any bench or flower box authorized
pursuant to this section shall be located in front of the business
premises and within six inches of the building in which the business
is located. There shall be only one bench for each business premises
adjacent to the sidewalk.
C.
Design.
(1)
Benches shall be constructed primarily of wood, metal, concrete or
other durable material and shall have sufficient strength and durability
to serve the intended purpose of providing seating and a resting area
for patrons of a business and for members of the public. The seat
shall not be more than 20 inches in height and not more than six feet
in length and 24 inches in depth; the overall height of the bench
shall not exceed 40 inches. Benches shall not contain advertising
or represent or be used as an example of merchandise for sale.
(2)
Flower pots or planters. Flower pots or planters shall be constructed
primarily of concrete or other durable heavy material and shall have
sufficient strength, weight and durability to serve the intended purpose
of providing a planter for flowers or other ornamental vegetation.
The flower box or planter shall not be more than 24 inches in height
and 24 inches in depth. Flower boxes or planters shall not contain
advertising or represent or be used as an example of merchandise for
sale.
D.
Safety. Benches and flower boxes or planters shall be anchored or
of sufficient weight so as to deter theft or vandalism, or movement
by wind or other weather conditions, but must remain removable with
minimal damage, which is easily repairable, to the sidewalk or right-of-way.
No person carrying on any business for the sale of goods, wares
or merchandise shall at any time place any part of their stock-in-trade
upon any Borough sidewalk adjoining their buildings or upon any shelf,
stand or bracket extending over said sidewalk, except as follows:
A.
The Borough may authorize the temporary placement of stock-in-trade
on a sidewalk for the purposes of an organized event scheduled by
the Borough or area-wide sidewalk event, or any other special permitted
annual or seasonal event approved by resolution of the Borough. Such
event may include tables for nonprofit groups, provided permission
is granted by the owner/occupant of the business premises where the
table(s) would be located. The Borough reserves the right to require
the sponsor of any such event to indemnify and save harmless the Borough
from any liability for any injuries or damages resulting from the
event, and to further provide proof of insurance in sufficient amounts
naming the Borough as an additional insured.
B.
Owners of businesses abutting a public sidewalk may sell goods, wares
or merchandise provided that:
(1)
Merchants and/or vendors who operate out of a permanent first-floor
location within the downtown commercial district may display and sell
merchandise on the sidewalk only during the owner's established
and normal business hours.
(2)
The merchandise shall not be placed more than 60 inches from the
front of the building in which the business is located.
(3)
All items displayed, including any racks or display tables, etc.,
must be safe and stable to limit the risk of overturning due to wind
or other factors. Display tables/racks, merchandise, etc., cannot
have sharp edges or corners. All surfaces must be free of protruding
tacks, nails, wires, etc. All merchandise, including any racks or
display tables, etc., so temporarily displayed must be completely
removed from the sidewalk at the closing of the vendor's normal
business hours each and every day.
(4)
Any store owner who lawfully operates a restaurant or retail food
store on the first floor of any premises may operate a sidewalk cafe.
The sidewalk cafe may only be operated on the sidewalk in front of
the principal place of business of such entity and by the entity which
operates the restaurant or retail food store. Sidewalk cafes shall
only be operated during normal business hours of the adjoining business
and shall not operate before 6:00 a.m. or after 9:00 p.m., or at any
other times when the store or restaurant with which it is associated
is not open to the public. The furnishings of a sidewalk cafe shall
consist solely of readily removable umbrellas, menu boards, covers,
tables, chairs and waste receptacles and accessories. Furnishings
may not be attached, even in a temporary manner, to the sidewalk or
other public property or to any building or structure. All furnishings
shall be completely removed from the sidewalk and stored inside the
building when the sidewalk cafe is not in operation. Sidewalk cafes
and the sidewalk on which they are located and the surrounding area
shall at all times be kept free and clear of any litter, debris and
any substances that may damage the sidewalk or cause pedestrian injury.
(5)
Notwithstanding the above, it shall be unlawful to put or place any
box, boxes or barrels of merchandise or other articles in any doorway
or on any sidewalk that obstructs the free use of the sidewalk or
doorway except any articles that are temporarily placed there for
the purposes of loading or unloading, removing or storing away. Merchandise
which must necessarily be delivered onto the sidewalks shall be immediately
removed to the interior of the address to which it was delivered.
In no case shall any merchandise or articles be stored on a sidewalk
or in doorways after 9:00 p.m.
The purpose of this section is to allow newspaper and related
printed informational products to be distributed on public or private
property in the downtown area, without their respective cabinets becoming
visually obtrusive, a safety hazard, or a physical impediment.
A.
No newspaper rack or box shall be placed, used or maintained as follows:
(1)
In any location within 50 feet of the location where two newspaper
racks or boxes are already located, in order to reduce congestion
at any particular site;
(2)
In a manner which reduces the clear, continuous sidewalk width to
less than six feet;
(3)
Within 20 feet of any fire hydrant or other emergency facility;
(4)
Within 10 feet of any marked pedestrian crosswalk;
(5)
Within 10 feet of any intersecting driveway, alley or street; and
(6)
In a manner which interferes with ingress or egress from private
property or public facilities.
B.
Construction and design. Newspaper racks or boxes shall be constructed
of metal or other material of substantially equivalent strength and
durability, and shall not be more than 50 inches in height and not
more than 25 inches in length and width. The newspaper rack or box
shall not be painted in florescent or gaudy paint or coloring. Newspaper
racks or boxes shall be secured, anchored or of sufficient weight
so as to deter theft or vandalism or movement by wind or other weather
conditions.
C.
Placement of newspaper racks or boxes within public sidewalk. Newspaper
racks and boxes shall be placed either adjacent and parallel to building
walls not more than six inches distant from the vertical plane of
the wall or near and parallel to the sidewalk curb, not less than
12 inches and not more than 24 inches distant from the curb, subject
to the requirement that the placement of any such newspaper rack or
box shall not cause a safety hazard for pedestrian traffic or vehicular
traffic by obstructing the view of such traffic from the public way.
No newspaper rack or box shall be placed within three feet on either
side of the area directly in front of a display window which faces
onto a public sidewalk or public way.
D.
No newspaper rack or box shall face another newspaper rack or box
divided only by the width of a sidewalk or pedestrian walk and no
such newspaper rack shall be placed within 20 feet on either side
of a point which is directly opposite the center of a newspaper rack
or box on the opposite side of a sidewalk.
E.
No advertising. No such newspaper rack or box shall be used for advertising
signs or publicity purposes other than to display information for
purposes of identifying the newspaper publication sold in the rack
or box.
F.
Attractive appearance. Each newspaper rack or box shall be maintained
at all times in a clean, neat and attractive condition and in good
repair, and no issue or edition of any publication shall be allowed
to remain in that newspaper rack or box for a period of time in excess
of seven days from the date of initial publication. The owner of the
newspaper rack or box shall ensure that snow in front of the box is
removed so that the box is accessible during the winter.
G.
Attachment to other property. No newspaper rack or box shall be chained,
bolted or otherwise attached to property not owned by the owner of
the newspaper rack or box, unless that owner shall at first obtain
the written permission of the owner of property to which the rack
or box is affixed.
A.
Notwithstanding any other provision of this article, the Borough
Code Enforcement Officer may grant permission on a temporary basis
for scaffolding, ladders and other property, construction, repair
or maintenance equipment to be located within, upon or over a sidewalk;
the duration and scope of permission shall be provided in writing
to the applicant, in the Borough Code Enforcement Officer's sole
discretion. The Borough Code Enforcement Officer shall consider safety
of pedestrians, construction workers and vehicles on or about the
sidewalk or in the Borough Street or way. The applicant shall provide
a written application depicting the equipment to be used and its location
in relation to buildings, sidewalk, and Borough street or way. The
applicant shall demonstrate that it has provided for the free and
safe movement of pedestrians and vehicular traffic.
B.
Notwithstanding any other provision of this article, a non-profit
group may locate a table on a sidewalk where there is at least eight
feet of width, provided that permission is granted by the owner/occupant
of the abutting business premises and provided the table does not
become a prohibited obstruction as defined herein.
Any object placed within a sidewalk shall be removable and shall
not be permanently attached to the sidewalk, and such object shall
be removed immediately upon written notice from a police officer or
Borough Code Enforcement Officer to the owner requiring the object's
removal for safety reasons and emergency situations, for purposes
of construction or maintenance activities by the Borough, or for purposes
of the convenience of pedestrians.
The Code Enforcement Officer or designated agent shall have
the authority to order removal of any object deemed to be an obstruction
under this article. The Code Enforcement Officer or designated agent
shall also have the authority to order removal of any object if its
owner fails to comply with written notice of removal provided by the
Borough or an order to enforce the provisions of this article.
A person or entity which locates, places or installs any object
within, on, or over the sidewalk shall indemnify and hold harmless
the Borough of Brookville for any damage to persons or property resulting
from the placement of said object on the sidewalk, and for any liability
or for damage to said object resulting from routine maintenance of
the sidewalk or the public ways by the Borough.
A.
Any person who shall violate any provision of this article shall,
upon conviction thereof by a District Justice or other court of competent
jurisdiction, be sentenced to pay a fine of not more than $1,000 and/or
to undergo imprisonment for a term not to exceed 30 days. Each day
that a violation of this article continues shall constitute a separate
offense. Prior to filing a citation in the District Court, the Code
Enforcement Officer shall provide a written notice to any person violating
this article and said person shall be given an opportunity to immediately
and upon receipt of said order abate the violation; except that for
repeat violations no such notice need be given and the Borough may
proceed directly to District Court. Further, the Borough may seek
permanent injunctive relief regarding any object that is placed in
violation of the terms of this article or that creates a nuisance
or is a safety hazard.
B.
The remedies provided herein for the enforcement of this article
or any remedy provided by law shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively at the
option of the Council or officers of the Borough of Brookville.
