[Ord. 252, 4/13/1964, § 1]
any natural person, partnership, association, firm or corporation.
The singular shall include the plural and the masculine shall include
the feminine and the neuter.
the line marking the extreme limit of the legal right-of-way
line of any public street or highway upon which a lot abuts.
the area between the property line and the curbline of any
public street or highway upon which any property shall abut.
[Ord. 252, 4/13/1964, § 2]
No person shall in any manner, obstruct any sidewalk in the
Borough of East Lansdowne so as to endanger any person or property
or to hinder or delay public travel; provided, however, nothing herein
contained shall prohibit any person from making use of any sidewalk,
in the manner provided in § § 303 and 304 of this
Part, and in strict conformity with the conditions and requirements
of such sections.
[Ord. 252, 4/13/1964, § 3]
Any person engaged in delivering any goods, wares or merchandise
to any property abutting upon any sidewalk, or in removing any personal
property, of any nature or character whatever, from such property,
may temporarily, for a total aggregate period of not more than one
hour, place any such goods, wares or merchandise, or other personal
property, upon such sidewalk, as close as possible to the curb to
facilitate the loading or unloading of the same; provided, however,
that nothing contained herein shall be construed to authorize or permit
the use of any portion of the sidewalk for the storage of any goods,
wares, or merchandise, or other personal property, where the purpose
of doing so is to facilitate the sale or transfer of such items or
property directly from the sidewalk, unless written authorization
therefor shall have been granted by Borough Council. The occupant
of such property, or the owner thereof, where such property is not
occupied, shall be responsible for adhering to the requirements of
this section, and any failure to conform to such requirements shall
constitute a violation of this Part.
[Ord. 252, 4/13/1964, § 4]
Under special circumstances where, in the opinion of Borough
Council, there shall be no other practicable means for the temporary
storage thereof, a permit may be granted by Borough Council for the
storage of building materials upon a limited portion of the sidewalk
abutting upon property where such materials are to be used. Such permit
shall be issued for a fee, as established by resolution of Borough
Council, and payable to the Borough Secretary, for the use of the
Borough, by the owner or occupant of such property by the authority
of whom such materials are to be used. Such permit shall be issued
upon the following conditions, which shall be strictly adhered to
by the holder thereof:
A.
Such permit shall be valid for a limited time, not in excess of 30
days, which shall be determined by the Borough Council, on the basis
of the scope of the work being undertaken, and the inconvenience to
the public involved, and shall be stated upon such permit.
B.
Such building material shall occupy no more than 1/2 the width of
the sidewalk.
C.
Such building material shall be placed so as not to interfere with
drainage of the sidewalk or with access to any fire hydrant.
D.
Such building material shall be arranged in regular, neat, compact
form so as to occupy a minimum of space and to present the least risk
of falling.
E.
The holder of such permit shall place lights and guards in the vicinity
of or around such material so as to prevent injury to persons and
property.
F.
The holder of such permit shall file with the Borough Secretary a
bond, in such sum as shall be determined by Borough Council to indemnify
the Borough against all damages, losses, costs or expenses that are
or may be occasioned by reason of the placing or storage of such materials
upon such sidewalk.
G.
All such material shall be removed from the sidewalk and the sidewalk
shall be restored to the condition in which it was immediately prior
to such storage, on or before the date of expiration of such permit.
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If the holder of such permit shall fail to comply with the provisions
of this condition, such material may be removed and disposed of by
order of Borough Council after 10 days' written notice to the holder
of the permit and/or the owner of such material; in which case the
expense of such removal, plus a penalty of 10%, shall be collected
by the Borough from the holder of such permit; provided, nothing herein
contained shall be construed to interfere with the grading of sidewalks
or streets, or the placing of materials for such purpose under the
direction of the Borough official in charge thereof.
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[Ord. 252, 4/13/1964, § 5]
Every person erecting or repairing any building shall keep the
sidewalk adjacent thereto clear and open, except as may be authorized
under a permit provided for in § 304. Whenever necessary
for the protection of the users of such sidewalk during the course
of such building construction or repairing, such person shall erect
a suitable shed or other protective covering over such sidewalk.
[Ord. 252, 4/13/1964, § 6]
No person shall erect or place any post, fence, step, platform,
passageway, enclosure, bulk, bay or jut window, porch or jamb or any
similar obstruction in or upon any sidewalk or anywhere within the
legal right-of-way lines of any street or highway; and any such obstruction
already in existence shall be removed by the abutting property owner;
provided that nothing contained herein shall prohibit the construction
or erection of awnings, under the conditions set forth hereinafter,
or the planting of trees between the curb and the paved portion of
the sidewalk, where such plantings are specifically authorized by
Borough Council, or the erection of steps extending not more than
three feet from the property or building line of such street, leading
up to the first floor of any building, or the construction of cellarways,
as provided in § 307 of this Part.
[Ord. 252, 4/13/1964, § 7]
No opening, railing or passageway shall be permitted in any
sidewalk except in the case of a building lawfully constructed to
the property line of a lot, in which event an opening, railing or
passageway into the cellar of such a building shall be permitted,
provided said opening, railing or passageway does not extend more
than three feet from the property line into the sidewalk. Every cellarway
opening onto any sidewalk shall be securely covered and protected
with iron doors, which shall be constructed so as to close flush with
the sidewalk. All such cellar doors shall at all times be kept in
good repair and shall be closed at all times except when in actual
use for the removal or receipt of goods, wares or merchandise, and
when opened every cellar door shall be properly guarded for the protection
of persons using such sidewalk.
[Ord. 252, 4/13/1964, § 8]
No person shall install, erect or maintain any awning, any portion
of which shall overhang any sidewalk in the Borough, unless the lowest
point of such awning shall be not less than seven feet above the level
of such sidewalk.
[Ord. 252, 4/13/1964, § 9]
Any construction or installation hereafter made or maintained
in violation of any of the provisions of the § § 306
through 308 of this Part shall constitute an unlawful obstruction
to the convenient use of the sidewalk. Within 10 days after notice
to that effect from the Borough Council, the owner of any property
abutting such sidewalk, shall remove such obstruction, either by removal
of the construction or installation constituting such obstruction,
or by making such alterations as may be necessary to conform strictly
to the applicable requirements of § § 306 through
308 of this Part. In case the owner of such property shall neglect,
refuse or fail to remove such obstruction within such time limit,
the Borough Council may cause the same to be done at the expense of
the Borough, and the Borough shall collect such expense, and any additional
penalty authorized by law, from the owner of the property.
[Ord. 252, 4/13/1964, § 10; as amended by Ord.
401, 7/11/1988; and by Ord. 416, 4/22/1991]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs, and in default of said fine
and costs, to a term of imprisonment not to exceed 30 days. Every
day that a violation of this Part continues shall constitute a separate
offense. The penalty imposed under this section may be in addition
to any expenses and penalties in connection therewith authorized to
be collected under the preceding section of this Part.
[Ord. 118, 5/9/1932, § 11]
It shall be unlawful to plant or maintain any hedge or shrubbery
outside of the property line. Hedges shall be so planted and trimmed
as not to extend outside of the property line and any hedge or shrubbery
permitted to extend beyond the property line so as to interfere with
the convenient use of the sidewalk, or that is permitted to grow to
a height beyond three feet six inches above the street curb is declared
to constitute a nuisance. If any owner or owners of property shall
fail or neglect to remove or trim any hedge or shrubbery that extends
beyond the property line, or in any way interferes with the convenient
use of the sidewalk, for a period of 10 days after notice requiring
the same to be removed or trimmed back, the Borough authorities are
authorized and directed to do the work, and shall collect the costs
thereof, and 10% additional, together with all charges and expenses
from such owner or owners, and shall file a municipal claim therefor,
or collect the same by an action of assumpsit.
[Ord. 16, 1/3/1913; as amended by Ord. 229, 2/13/1961]
1.
The occupant, owner, or owners of any property fronting or abutting
on that portion of a public street or highway, upon which either a
temporary or permanent sidewalk shall have been constructed, shall
keep the said sidewalk free and clear of snow and ice.
2.
Should any occupant, tenant, owner or owners, fail to comply with
the provisions of this section, and fail or neglect to remove or cause
to be removed, all snow and ice from the sidewalks within a period
of 24 hours after its or their lodgement thereon, the Sidewalks or
Highway Committee or Committees shall forthwith remove or cause to
be removed the snow and/or ice, and the Borough shall collect the
cost thereof and in addition thereto 20% of the amount of said cost
or expense, by an action in the name of the Borough before a District
Justice as such debts are by law collected and recoverable, or by
the filing of a municipal lien against the property of such owner
or owners.
[Ord. 16, 1/3/1913; Ord. 118, 5/9/1932; Ord. 229, 2/13/1961;
as amended by Ord. 401, 7/11/1988; and by Ord. 416, 4/22/1991]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $10 nor more than $600 plus costs, and in default
of said fine and costs to a term of imprisonment not to exceed 30
days. Every day that a violation of this Part continues shall constitute
a separate offense.
