[Ord. 451, 2/3/1969, § 1]
That area extending from the curbline to the property line
which is generally used by pedestrians.
Any type of structure that cannot be moved without demolishing
or destroying it.
Any individual, firm, partnership, association or corporation.
That line which is coincident to and identical with the line
marking the extremity of the right-of-way.
That area extending from property line to property line which
includes the pavement, street and pavement between two opposite property
lines.
That area from curbline to curbline which is generally used
by vehicular traffic.
Any type of structure or obstruction that can be readily
and easily moved, including, but not limited to displays of merchandise
or produce simply setting on pavement area.
[Ord. 451, 3/3/1969, § 2]
It shall be unlawful for any person to put, place, erect or
cause to be put, placed or erected any permanent obstruction in the
right-of-way of any public thoroughfare, except as hereinafter allowed
and provided for:
1.
Permanent obstructions such as steps and/or open porches now in existence
and essential for ingress and egress to property abutting the pavement
or sidewalk area providing such obstruction does not extend beyond
the property line into the pavement or sidewalk area a distance of
more than five feet along streets having a right-of-way width of 57
feet or more, and on all other streets of less width not more than
1/3 the width of the sidewalk or pavement area except that no permanent
obstructions may extend beyond the property line on streets with a
right-of-way width of 30 feet or less. Permanent awnings may be erected
over such steps and/or open porches providing such awning does not
extend further into the area over the sidewalk or pavement than does
the steps and/or open porch.
[Ord. 451, 3/3/1969, § 3; as amended by Ord. 598,
5/7/1979; and by Ord. 675, 11/17/1986]
Temporary obstructions on the right-of-way area may be allowed
upon the obtaining of a "Temporary Use Permit" to be issued by the
Assistant Manager/Code Enforcement Officer upon the following conditions:
1.
That such temporary obstruction must be one that can be readily removed
from the right-of-way area.
2.
That such temporary obstruction extend into the sidewalk or pavement
area no more than five feet along streets having a right-of-way width
of 57 feet or more, and on all other streets of less width not more
than 1/3 the width of the sidewalk or pavement area except that no
temporary obstruction shall be allowed along streets with a right-of-way
width of 30 feet or less.
3.
A temporary obstruction must be constructed and maintained so that
it will not be a hazard to the public using the sidewalk or pavement
area.
4.
The temporary obstruction must be removed from the pavement or sidewalk
area one hour after sunset if in the judgment of the Assistant Manager/Code
Enforcement Officer such temporary obstruction represents a hazard
to the public safety during the hours between sunset and sunrise.
5.
Plans and specifications for the construction of all temporary obstructions
must accompany application for "Temporary Use Permit" and be approved
by the Assistant Manager/Code Enforcement Officer.
6.
No "Temporary Use Permit" shall be issued by the Assistant Manager/Code
Enforcement Officer if in his opinion such temporary obstruction will
create a safety hazard to the use of the sidewalk or pavement area
by pedestrians.
7.
No "Temporary Use Permit" shall be issued for locations which are
in districts zoned as R-L Residence Districts or R-M Residence Districts
by the Zoning Chapter of the Borough of Emmaus or its amendments.
[Ord. 451, 3/3/1969, § 4]
In all cases where "Temporary Use Permits" are issued, a fee
shall be paid to the Borough of Emmaus by the applicant. The amount
of this fee shall be determined by resolution of the Borough Council
of the Borough of Emmaus.
[Ord. 451, 3/3/1969, § 5]
The "Temporary Use Permit" shall contain the following information:
1.
Borough of Emmaus, Lehigh County, Pennsylvania.
2.
Name and address of applicant.
3.
Name and address of business.
4.
Area of temporary obstruction in square feet.
5.
Reason for "Temporary Use Permit".
6.
Date of issue.
7.
Date of expiration.
8.
Signature of Assistant Borough Manager/Code Enforcement Officer.
[Ord. 451, 3/3/1969, § 6]
Upon the issuance of the "Temporary Use Permit" by the Building
Official, the applicant must post said permit at a conspicuous place
on the premises for which it has been issued.
[Ord. 451, 3/3/1969, § 7]
1.
The "Temporary Use Permit" shall be issued annually for the twelve-month
period beginning July 1st and ending June 30th of each year.
2.
The Building Official of the Borough of Emmaus shall have the power
to revoke a "Temporary Use Permit" for failure to comply with the
provisions of this Part. Notice of such revocation shall be in writing
and include reasons for such revocation.
[Ord. 451, 3/3/1969, § 8; as amended by Ord. 675,
11/17/1986]
Any person, firm or corporation who shall violate any provision
of this Part 2 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part 2 continues
shall constitute a separate offense.
