[Ord. 1967-9, 12/27/1967, § 1]
This Part shall be known and may be cited as the "Burnham Borough
Street and Alley Encroachment Ordinance of 1967."
[Ord. 1967-9, 12/27/1967, § 2]
Unless otherwise expressly stated, the following words and phrases
used in this Part shall have the meaning herein indicated:
Any public thoroughfare in the Borough shown on the Borough
Map of the Borough and open to travel by the public and designed and
intended primarily as a means of access to and from the rear or properties.
The Borough of Burnham, Mifflin County, Pennsylvania.
A map of the Borough prepared by the Borough Engineer and
kept and maintained in the Municipal Building of the Borough.
Respectively, the Borough Secretary and Assistant borough
Secretary of the Borough of Burnham.
That portion of streets lying between the curb lines and
designed and intended primarily for vehicular travel.
The Borough Council of the Borough of Burnham acting as the
governing body of said Borough.
An individual, firm, company, association, society, corporation,
board or group.
That area on either side of the cartway and outside the curb
line and designed and intended primarily for pedestrian travel, whether
such area be paved or unpaved.
Any public thoroughfare in the Borough shown on the Borough
map of the Borough and open to travel by the public and designed and
intended primarily as a means of access to and from the front of properties.
[Ord. 1967-9, 12/27/1967, § 3]
From and after the effective date of this Part it shall be unlawful
for the owner of any tract or parcel of land in the Borough of Burnham
to allow or permit any tree, shrub or other planting on his property
to overhang or encroach into the cartway of any street lower than
12 feet above the said cartway at any point in the case of Logan Boulevard,
Freedom Avenue, Walnut Street, Sixth Avenue to Ninth Avenue, and lower
than nine feet above the said cartway at any point in the case of
all other streets and portions of streets in the Borough of Burnham.
[Ord. 1967-9, 12/27/1967, § 4]
From and after the effective date of this Part is shall be unlawful
for the owner of any tract or parcel of land in the Borough of Burnham
to allow or permit any tree, shrub or other planting on his property
to overhang or encroach into any sidewalk or area where a sidewalk
would normally be, whether such sidewalk or sidewalk area be paved
or unpaved, lower than seven feet above the sidewalk or ground level.
[Ord. 1967-9, 12/27/1967, § 5]
From and after the effective date of this Part it shall be unlawful
for the owner of any tract or parcel of land in the Borough of Burnham
to allow or permit any tree, shrub or other planting on his property
to overhang or encroach into any alley, whether such alley be paved
or unpaved, lower than nine feet above the surface of such alley.
[Ord. 1967-9, 12/27/1967, § 6]
From and after the effective date of this Part it shall be unlawful
for the owner of any tract or parcel of land in the Borough of Burnham
to maintain on his property any tree, shrub or other planting which
is dead or is so diseased or injured that it is danger of falling
and inflicting injury on persons or property on the streets, sidewalks
or alleys of the Borough.
[Ord. 1967-9, 12/27/1967, § 7; as amended by Ord.
1983-2, 4/13/1983, § 1]
From and after the effective date of this Part it shall be unlawful
for the owner of any tract or parcel of land in the Borough of Burnham:
A.
To plant any Willow or Carolina Poplar tree in the Borough of Burnham.
B.
To plant, any tree, shrubbery or planting of any kind, other than
grass, in the area between the curb and the sidewalk or sidewalk area,
in the area commonly known as the "Beauty Spot."
C.
To have or maintain any tree, shrubbery or planting of any kind planted
subsequent to December 27, 1967, the effective date of this Part,
other than grass, in the area between the curb and the sidewalk area,
in the are commonly known as the "Beauty Spot."
D.
To plant, have or maintain any tree, shrubbery or other planting
of any kind higher than two feet above the bottom of the curb, or
in the absence of a curb, the street or alley line, on the area dedicated
to public use and within a triangle described by fifteen-foot lines
extended along the right-of-way lines from an intersection of streets,
alleys or an alley and a street. For the purpose of this subsection,
"street or alley line" shall be defined as the dividing line between
the street or alley and the lot.
[Ord. 1967-9, 12/27/1967, § 8]
From and after the effective date of this Part it shall be unlawful
for the owner of any tract or parcel of land in the Borough of Burnham
to erect any awning, sign, or other obstruction over any cartway,
alley or sidewalk or area where a sidewalk would normally be, whether
such cartway, alley or sidewalk or sidewalk area be paved or unpaved,
without the prior approval of the Borough Council, and in no event
shall such approval be given for any such obstruction which is less
than seven feet above the surface of such sidewalk or sidewalk area,
or for any such obstruction which extends over any cartway or alley
so as to interfere with vehicular travel in the cartway or alley.
[Ord. 1967-9, 12/27/1967, § 9; as amended by Ord.
1983-2, 4/13/1983, § 2; and by Ord. 1995-2, 3/14/1995]
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 $600 plus costs and, in default of payment of
said fine and costs, to a term or imprisonment not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
