[Adopted 12-24-1963 by Ord. No. 481; amended in its entirety 5-15-1978 by Ord. No.
808 (Ch. 1020 of the 1979 Codified Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Any area of ground adjacent to an ordained street of the
Borough which is common ground or part of a right-of-way of any ordained
street of the Borough open to public use for foot traffic.
[Amended 7-23-1990 by Ord. No. 1034[1]]
No person shall coast, ride or sled upon any roller skates, skateboard, scooter, sled or similar conveyance or device upon any sidewalk, street, alley or trafficway, or within the confines of any park in or belonging to the Borough, unless such sidewalk, street, alley or trafficway has been set apart and designated by the Mayor as a "play highway" in accordance with § 530-11 of Chapter 530, Vehicles and Traffic, and has been blocked off or adequately guarded from vehicular traffic, or unless certain designated portions of any park within the Borough or belonging to the Borough have been set aside by Council for the purpose of coasting, riding or sledding within such designated areas. However, the use of skateboards, roller skates and scooters shall be permitted on the sidewalks in those areas of the Borough zoned R-1, R-2 and R-4, provided the person using such device or conveyance yields the right-of-way to pedestrians.
[Amended 5-4-1998 by Ord. No. 1133]
No person shall store, display or offer for sale any goods,
wares or merchandise or place temporary signs upon any portion of
any sidewalk in the Borough except as follows:
A.
The same are permitted in the area designated as a curb market on days and at times designated for the holding of the market, and then only in strict conformity with the provisions of Chapter 355, Market;
B.
In the area directly in front of the store premises only, and in
such a manner as to maintain an open pathway at least 1/2 the width
of the sidewalk measured from the curb to the building line, but in
no event to exceed a distance of five feet.
C.
Goods, wares and merchandise must be directly associated with the
business occupying the storefront.
D.
Goods, wares and merchandise or temporary signs must be removed completely
from the sidewalk area at dusk each business day.
E.
Businesses are limited to one freestanding double-faced sign, not
to exceed 30 inches in width and 36 inches in height.
F.
Cords, hoses and lines of any kind are prohibited from crossing the
sidewalk area.
G.
Soda machines, coolers and refrigerators are prohibited from being
displayed on any portion of the public sidewalk area.
No person shall construct, install or maintain any cellar door
or entrance to a basement or cellar of a building which extends into
and occupies more than the innermost 1/4 of the width of a sidewalk
or more than three feet into an alley. Entrances to cellars and basements,
where the steps extend at right angles to the building line, shall
be covered with metal doors, closing flush with the surface of the
sidewalk or alley. Such doors shall be kept closed at all times except
when goods, wares or merchandise are being taken into or removed from
the cellar or basement to which such cellarway leads, and under no
circumstances may any such door be open between sunset and sunrise
unless a person is present at all times on the adjacent sidewalk to
warn passersby of the danger. Entrances to cellars and basements,
where the steps extend parallel to the building line, shall be surrounded
on two sides by a metal barrier or railing, at least three feet in
height. No person shall construct any step, porch or portico extending
into any sidewalk, which step, porch or portico occupies more than
the innermost 2/5 of the width of the sidewalk. However, any entrance
to a cellar or basement, step, porch or portico heretofore constructed
and occupying a greater part of the sidewalk than herein permitted
may continue to be maintained but, in the case of entrances to cellars
and basements, all requirements of this section as to safety measures
and precautions shall apply to such entrances as well as to all others
heretofore or hereafter constructed.
Any person who places or maintains any sidewalk display contrary to § 495-15 or who constructs or maintains any entrance to a cellar or basement or any step, porch or portico contrary to § 495-16 shall remove the same or make any changes necessary to bring the same into conformity with the applicable requirements, upon notice to do so from Council or its duly authorized agent, within the time limit set forth in the notice, in default of which the Borough shall have authority to cause such obstruction or encroachment to be removed or the unlawful condition remedied and to collect the cost of such removal or remedy, with an additional amount of 10%, from the person to whom such notice was given.
After the effective date of this article (Ordinance No. 808,
adopted May 15, 1978), paths, pathways, passageways or common ground
shall be free of any or all obstructions of any kind and shall be
maintained by the owner of the adjacent premises in the same manner
and subject to the same penalties for failure to maintain as sidewalks
are presently treated under this article.
[Amended 6-15-2015 by Ord. No. 06152015-02]
A.
No person
shall obstruct in any manner the free and open use of common ground,
pathways, paths or passageways so as to inhibit public use of the
same.
B.
No hedge,
shrub, bush or small tree shall encroach upon or overhang the clear
width of a public sidewalk, common ground, pathways, paths, passageways
or public street in such a manner as it diminishes the clear width
of said sidewalk or street from ground level a distance of eight feet
above the sidewalk or 14 feet above the street.
C.
All trees
on or adjacent to sidewalk, common ground, pathways, paths, passageways
or public street in the Borough of Bellefonte shall not extend any
lower than 14 feet above the public street or lower than eight feet
above a public sidewalk.
No person shall make any opening or excavation in any pathway,
passageway, path or common ground except in strict conformity with
the provisions of this article.
