[Adopted 6-8-1970 by Ord. No. 337 (Ch. 21, Part 5, of the 1992 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
- Includes any natural person, partnership, association, firm or corporation.
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]
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.
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.
The placement of any dumpster shall be in accordance with all requirements of the Commonwealth of Pennsylvania Motor Vehicle Code 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.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
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.
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.
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]
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.
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 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.
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:
Until the Borough has been compensated for any charges incurred by Borough in cleaning up or removing the unlawfully deposited material.
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.
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.
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.