[Adopted 2-5-1968 by Ord. No. 550]
[Amended 6-3-1985 by Ord. No. 705]
The following words and phrases when used in this article shall,
for the purpose of this article, have the following meanings respectively
except in those instances where the context clearly indicates a different
meaning:
In areas with an installed curb, the berm shall consist of
every area in a highway located between curb at the outside edge of
the cartway or vehicular traveled portion of the highway and cartway
side edge of the sidewalk as defined hereinabove. In areas without
an installed curb, the berm shall consist of every area in a highway
located between the outside edge of the improved (paved) portion of
the cartway and the cartway side edge of the sidewalk.
[Amended 7-7-2003 by Ord. No. 812]
A projection of solid material existing at the edge of a
cartway of vehicular travelled highway extending at least 1/16 of
an inch of the surface of the highway and having a width of not less
than six inches.
Access area leading from the cartway or vehicular traveled
portion of a highway access across or through the berm and across
or through the sidewalk to adjoining property.
Every way or place of whatever nature open to the use of
the public as a matter of right for purpose of vehicular traffic.
Any vehicle as herein defined as self-propelled.
Any natural person, firm, copartnership, association or corporation
or any other legal entity.
Every way or place of whatever nature open to the use of
the public as a matter of right for purposes of pedestrian travel.
Any device in, upon or by which any person or property is
or may be transported or drawn.
No person shall drive, operate or park a vehicle through, upon
or over a sidewalk as defined in this article within the Borough.
No person shall drive, operate or park a vehicle through, upon
or over a berm as defined in this article within the Borough.
No person shall ride, lead, hitch or park a ridden animal through,
upon or over a sidewalk as defined in this article within the Borough.
No person shall ride, lead, hitch or park a ridden animal through,
upon or over a berm as defined in this article within the Borough.
The provisions of this article shall not apply to motor vehicles
and ridden animals moving upon a driveway as defined in this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the Borough correctional facility for a
period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Erie County.
