[Adopted 9-8-1986 by Ord. No. 3-1986 (Ch. XXI, Part 3E, of the 1970 Code of Ordinances)]
A. 
In this article, the following terms shall have the meaning indicated:
PERSON
Any natural person, association, partnership, firm or corporation.
B. 
The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
Encroachments and occupancies of a fixed or permanent nature upon, over, along or into streets, alleys and sidewalks in the Borough shall be as governed by Sections 506.0, 507.0, 509.0, 510.0 and 511.0 of the BOCA Basic/National Building Code/1984.[1] Temporary use, occupancy and obstruction of streets, alleys and sidewalks during construction or demolition work shall be as governed by Article 18 of that Building Code, dealing with precautions during building operations.
[1]
Editor's Note: See now the Uniform Construction Code, Ch. 175 of the Code.
Other than as authorized, restricted or regulated by the provisions of the Building Code cited in § 416-36 of this article:
A. 
It shall be unlawful for any person to place or store upon any street or public alley in the Borough any piece of equipment, regardless of whether that equipment comes within the definition of "vehicle" in the Vehicle Code of Pennsylvania:[1]
(1) 
Unless that equipment, while so placed or stored, is in actual use for the purpose for which it is intended; and
(2) 
Unless, at the same time, there is no practicable means for the equipment to be so used while placed or stored other than on the street or alley; and
(3) 
Unless the person desiring to operate the equipment has first obtained a special permit from the Borough. The permit shall be issued by the Borough Secretary, without fee, and shall be valid only for the limited period of time stated on the permit. The permit shall contain conditions, dealing with matters pertaining to public peace and safety, and it shall be a violation of this article for any permit holder to violate any such condition or to continue to operate the equipment on the street after the time of expiration of the permit.
[1]
Editor's Note: See 75 Pa.C.S.A. § 102.
B. 
It shall be unlawful for any person to place or cause to be placed upon, over or along any sidewalk any goods, wares or merchandise for the purpose of display or sale, or any obstruction of any kind that might interfere with the free and uninterrupted passage along, over and across the sidewalk by any pedestrian.
The Borough Council may order the removal or remedy of anything or part of a thing existing or located upon any street or upon, over or along any sidewalk in violation of any provision of § 416-37 of this article, in default of which, at the expiration of the time limit stipulated in that order, Council may cause the removal or remedy thereof and may collect the expenses of removal or remedy with any additional charges authorized by law from the person failing, neglecting or refusing to obey the order, provided that those expenses and additional charges may be in addition to any penalty imposed under § 416-39 of this article.
[Amended 1-10-1989 by Ord. No. 2-1989]
Any person who violates or who fails, neglects or refuses to comply with any provision of this article or with any permit or order issued under this article shall be guilty of an offense and, upon conviction, shall be sentenced to pay a fine of not less than $50 or more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that each day's continuance of a violation, after first having been convicted thereof, shall constitute a separate offense.