[Adopted 6-16-2003 by Ord. No. 1198]
Unless hereinafter excepted, it shall be unlawful for any person
to store, display, exhibit or sell wares on sidewalks abutting any
street or alleyway, or any portion thereof, or to make use of any
sidewalk or in any way to obstruct the sidewalk, or any portion thereof,
within the Business District of the Borough, as hereinafter defined,
without first having obtained from the Borough a permit, for which
no fee shall be charged, as hereinafter set forth. "Business District"
shall mean those sidewalks located on either side of Pennsylvania
Avenue from the Railroad Park to 12th Street; and 10th Street from
the underpass to the VFW/Bald Eagle Avenue; and Logan Avenue from
the 9th Street underpass to 12th Street.
A.Â
Sidewalks may be used temporarily for the purpose of loading or unloading
items by any owner or lessee of a premises so long as such use would
not cause injury to any person and such use is limited to the minimum
time necessary to accomplish such loading or unloading.
B.Â
The terms of this article shall not apply to portable displays and/or
portable obstructions protruding not more than three feet from the
merchant's building into the sidewalk and so long as at least four
feet of unobstructed sidewalk is available for pedestrian traffic.
For purposes of this article, the term "portable" shall mean capable
of being easily moved (such as by one person) so as to permit the
display and/or obstruction to be carried from the sidewalk, if necessary.
C.Â
The terms of this article shall not apply to obstructions in violation
of this article which exist as of the date of enactment of this article,
however, should the business relocate and/or should the control and/or
ownership of the business change, then any and all such registered
obstructions (as hereinafter set forth) located on the sidewalk at
that premises must comply with the provisions of this article.
In order to determine obstructions and/or displays existing
as of the date of enactment of this article, the Borough shall register
any and all such obstructions and/or displays.
Every person desiring a permit under this article shall first
make application to and on forms provided by the Borough for such
permit. Said application shall indicate the location of the sidewalk,
its width, the width of the sidewalk able to be used by the traveling
public with the partial obstruction in place, the purpose of the obstruction,
the length of time the obstruction shall exist and such other pertinent
information as may be necessary to process the application. In no
event shall any permit be issued under any circumstance where the
obstruction would be detrimental to the health, safety and/or welfare
of the public traversing said sidewalk, nor shall any permit be issued
under any circumstance where the sidewalk would be completely obstructed,
without the applicant providing for an alternate means of travel by
the public, as may be approved by the Borough. The Borough retains
the right to limit permits for obstructions to any sidewalk, where
such obstructions are repetitive in nature and/or detract from the
character of the particular area where the sidewalk may be located.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine not less than $25 and not more than $600 and, in default of
payment, to imprisonment for a term not to exceed 30 days. Each day
that a violation of this article continues shall constitute a separate
offense. Nothing herein shall prevent the Borough from removing any
obstruction from any sidewalk where such obstruction is not licensed
or such obstruction is or becomes a public nuisance, charging the
cost of such removal to the person causing and/or permitting the same
as may be permitted by law, including, but not limited to, the filing
of a municipal lien against the owner of any such property.
