[Ord. 159 1/2, 3/12/1930, § 1; as amended
by Ord. 1009, 3/16/2011, § 1]
From and after the passage of this Part it shall be unlawful for any person, firm or corporation, or their agent or agents, engaged in the hauling, transportation, excavation or dumping of earth, soil, building material or any commodity, to cause or permit the same to gather or accumulate on any of the roads, streets, lanes, alleys or footwalks of the Forest Hills Borough except as permitted by Part 6 of this chapter.
[Ord. 159 1/2, 3/12/1930, § 2; as amended
by Ord. 920, 10/16/2002, § 1; by Ord. 986, 3/18/2009, § 1;
and by Ord. 1009, 3/16/2011, § 2]
1.
From and after the passage of this Part it shall be unlawful for any person, firm or corporation, or their agent or agents, to place or cause to be placed on, above or adjacent to any street, alley or square and the sidewalks thereof in the said Borough, anything that may obstruct the same or prevent or hinder the free and full use of the same, except for sidewalk sales, awnings, construction waste dumpsters and portable storage units permitted by Part 6 of this chapter or as otherwise allowed by law.
2.
The term "sidewalk sale," as used in this section, is a sale conducted on a sidewalk immediately adjacent to a business located in a B-1 Business District, as that District is defined in the Borough's Zoning Ordinance [Chapter 27], pursuant to a permit issued by the Borough Manager or his designee, which shall not exceed four consecutive days in a row or a total of 12 days in any calendar year, provided that there is at a minimum, two feet of unobstructed sidewalk space to allow for a safe pedestrian passage, and provided further that no sidewalk sale may extend beyond the sidewalk contiguous to the property boundary of the business.
[Ord. 159 1/2, 3/12/1930, § 3; as amended
by Ord. 441, 6/23/1965, § 1]
From and after the passage of this Part, any material or thing
in or upon any of the streets, alleys or sidewalks in the Borough
contrary to the provisions of this Part shall constitute an obstruction
to the streets and may be removed by the Borough as authorized by
law.
[Ord. 159 1/2, 3/12/1930; as added by Ord. 830, 3/18/1992]
The word "sidewalk" as used in this Part, shall mean and include
the portion of a street located outside the cartway, and may include
paved footway, unpaved grassplot, curb and gutter.
[Ord. 159 1/2, 3/12/1930, § 4; as amended
by Ord. 830, 3/18/1992; and by Ord. 976, 1/16/2008]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
