No person shall in any manner obstruct any sidewalk or public passageway in the Borough of Darby so as to endanger any person or property or to hinder or delay public travel thereon; provided, however, that nothing herein contained shall prohibit any person from making use of any sidewalk in strict conformity to the manner provided in §§
125-26 and
125-27 hereof, or the setting out of garbage or trash, etc., for collection by the Borough collector on the day or days when such garbage or trash is collected by said collector.
Any person engaged in delivering 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 period of not more than one hour, place any
such goods, wares, merchandise or other personal property upon such
sidewalk, as close as possible to the curb, to facilitate the loading
or unloading of the same. 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 article.
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 §
125-27 of this article. 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.
No person shall hereafter erect or place any step, platform, passageway, enclosure, bulk, bay or jut window, porch or jamb or any similar obstruction in or upon any sidewalk, provided 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 ordinance, 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 §
125-30 of this article.
No opening, railing or passageway into any cellar shall be permitted
to extend more than three feet from the building line into any sidewalk
in the Borough. 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.
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.
Any construction or installation hereafter made or maintained in violation of any of the provisions of §§
125-29,
125-30 and
125-31 of this article 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 §§
125-29,
125-30 and
125-31 of this article. 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 such property.
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
Any person who shall violate any provisions of this article
shall, upon conviction thereof, be punishable by a fine of not more
than $300 and costs of such proceedings or, upon default of payment
of such fines and costs, by imprisonment in the county jail for a
term of not more than 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.