[Adopted 6-8-1970 by Ord. No. 337 (Ch. 21, Part 5, of the
1992 Code of Ordinances)]
A.
PERSON
As used in this article, the following terms shall have the meanings
indicated:
Includes any natural person, partnership, association, firm
or corporation.
B.
In this article, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any person to construct, install or
maintain any cellar door opening upon or into any sidewalk in the
Borough, unless such door shall be constructed of metal or other heavy
and durable material, shall, when closed, be level with the pavement
and shall not extend more than 51 inches from the building line toward
the curb or outer line of the sidewalk.
It shall be unlawful for any person to erect or maintain any
post or pole upon any sidewalk or sidewalk area in the Borough for
the purpose of supporting any awning, canopy, marquee or portico.
It shall be unlawful for any person to display or store any
merchandise upon any sidewalk in the Borough unless such merchandise,
including any stand, table or support therefor, shall extend not more
than four feet from the building line toward the curb or outer line
of the sidewalk and shall be not less than six feet in height.
It shall be unlawful for any person to erect any scaffolding
upon or over any sidewalk in the Borough or to store upon any sidewalk
any material or equipment used in construction or repairs to the sidewalk
or in the construction of any vault thereunder, unless there shall
be left a passageway for pedestrians at least four feet in width alongside
such scaffolding or other obstruction.
[Added 9-11-2000 by Ord. No. 560]
A.
When any person shall be about to erect or repair any house, building,
wall or other structure within the Borough and desires to occupy a
part of the public street or sidewalk for placement of building materials,
mortar boxes, dumpsters or similar items thereon, he shall make application
to the Borough Manager stating the number and extent of such building
materials, dumpsters and/or other items for the accommodation of which
he desires to occupy said street or sidewalk, the specific location
where such person will place the building materials, dumpsters and/or
other items and why it is not possible to place such items upon the
property to which they relate. If the placement of the requested materials
will interfere with the safe passage of vehicular or pedestrian traffic,
the Manager shall deny the permit. If the applicant demonstrates that
safe vehicular and pedestrian passage may be maintained, the Manager
shall issue a permit to occupy said part of any public street or sidewalk
for the purpose stated in the application, not exceeding in extent
of the dimensions of the front of the premises about to be built upon
or repaired and, further, not exceeding eight feet in width, 13 feet
in height and one foot over curb, with a gutter left along the curb
15 inches in height, with cleanout holes, 12 by 18 every 25 feet in
length. In case it is desired to mix mortar and place any mortar boxes
upon any of the public streets or highways during the erection and
repair of buildings, walls or other structures, it shall be required
that a watertight box be used. A permit shall identify the dates of
the permitted occupancy of the street or sidewalk, and the permit
shall not be valid for more than 30 days.
B.
All building materials and other items shall be neatly maintained.
Reflectorized or lighted barricades shall be used. The cartway shall
at all times be left unencumbered between said materials or mortar
boxes and the opposite curb for the passage of vehicles.
C.
The placement of any dumpster shall be in accordance with all requirements
of the Commonwealth of Pennsylvania Motor Vehicle Code[1] and Chapter 255, Vehicles and Traffic, of the Code of the Borough of Mount Joy. The dimensions of the dumpster shall not exceed eight feet in width by 20 feet in length. The dumpster shall be lighted or reflectorized, or lighted barricades shall be used. The dumpster shall not inhibit vehicle sight distance visibility. The applicant shall provide the Borough with the name and telephone number of the company furnishing the dumpster. Should it be proven subsequent to the placement of a dumpster in the right-of-way that said dumpster creates a hazard, even though a permit has been issued, the Borough Manager or Chief of Police shall have the right to require the permittee to have the dumpster removed within 24 hours.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
D.
No building materials, dumpster or other item shall be placed within
15 feet of any fire hydrant or within 50 feet of a railroad track.
E.
If any damage or injury to the cartway, curb or sidewalk shall be
caused or done by the use or occupancy of any street or road hereunder,
the party to whom such permit shall have been issued shall be responsible
and liable for the same and shall restore the cartway, curb and/or
sidewalk to its original condition. If the permittee refuses to properly
restore the cartway, curb and/or sidewalk to its original condition,
the Borough may do so and collect the cost of the same from the permittee.
F.
The cost of a permit shall be set forth, from time to time, by resolution
of Borough Council.
[Added 9-11-2000 by Ord. No. 560]
A.
It is hereby declared a public nuisance for any person, when hauling
soil, bedrock, concrete, waste material or other material over any
public street, road, alley or public property, to allow such material
to blow or spill over and upon such street, road, alley, sidewalk
or public property or adjacent private property.
B.
It is hereby declared a public nuisance for any person, being the
owner of real property or operator of any vehicle, to permit a vehicle
entering from upon a public street, road or alley or upon public property
to deposit or track dirt, mud, rock or other material from such property.
[Added 9-11-2000 by Ord. No. 560]
Any person violating the provisions of this article shall cause
any deposited material to be removed from the street, road, alley,
sidewalk or public property within six hours from the occurrence.
In the event of an immediate danger to the public health or safety,
the material shall be removed immediately. In the event that deposited
material is not so removed, the Borough shall cause such removal,
and the cost thereof shall be charged to the person responsible.
[Amended 9-14-1992 by Ord. No. 497; 9-11-2000 by Ord. No. 560]
Any person violating the provisions of this article shall be
subject to the following nonexclusive fines and penalties, one or
more of which may be pursued by the Borough concurrently:
A.
A fine or penalty of not less than $50 and not more than $600 for
each and every offense, such fine or penalty to be collected as provided
by law.
B.
The Borough Manager may suspend or revoke any permit issued by the
Borough to a person responsible for the violation of this article
if the materials unlawfully deposited are a product of work authorized
by such permit, such suspension or revocation to continue:
(1)
Until the Borough has been compensated for any charges incurred by
Borough in cleaning up or removing the unlawfully deposited material.
(2)
Until the person responsible has paid or deposited in escrow any
fines or penalties which a Magisterial District Judge determines to
be due by reason of a violation of this article.
(3)
Until such time as the Borough determines that the person responsible
has taken adequate precautions to assure that the unlawful depositing
of materials will not reoccur.
C.
Any person whose permit shall have been revoked by the Borough Manager
may, within 30 days of such suspension or revocation, appeal such
decision to Borough Council.
