[Ord. 261, 11/6/1969, § 1; as amended by Ord. No. 467, 6/3/2019]
In this Part, the following words shall have the meanings provided in this section:
BOROUGH
The Borough of New Oxford, Adams County, Pennsylvania.
ENCROACHMENT
An intrusion, with or without obstruction, upon a portion of a street or sidewalk, diminishing its width or area.
LANDSCAPING
The addition of trees, plants and other natural and decorative features to the land, to include such features incorporating stones or rocks.
OBSTRUCTION
A hindrance, obstacle or barrier.
PERSON
Any natural person, partnership, association, limited liability company, firm, corporation or other entity.
SIDEWALK
A portion of a street between the curblines, or the lateral lines of a cartway, and the adjacent property lines, intended for use by pedestrians.
STREET
Any street, highway, road, lane, court, cul-de-sac, alley, public way, public square, or any other public area or right-of-way located in the Borough of New Oxford and as ordained or otherwise established for the use of the traveling public.
YARD WASTE
Grass clippings, leaves, branches or other debris or waste produced in conjunction with yard maintenance or gardening.
[Ord. 261, 11/6/1969, § 2]
1. 
It shall be unlawful for any person to place or store any goods, wares, merchandise or material of any nature, whether for sale or otherwise, upon any sidewalk in the Borough of New Oxford except as follows:
A. 
Goods, wares, merchandise and/or material may be placed or stored on the innermost portion of the sidewalk, farthest from the street or curb, so as to occupy no more than four feet of the width of the sidewalk; provided, that no such goods, wares, merchandise or material shall be more than six feet in height, and shall be so placed or piled as not to constitute a source of danger to any person using such sidewalk.
B. 
All goods, wares and/or merchandise placed or stored as permitted in subsection (A), above, shall be removed from the sidewalk at all times between sunset and sunrise.
[Ord. 261, 11/6/1969, § 3]
It shall be unlawful for any person to construct, install or maintain any building or structure or portion thereof or any fence that shall extend beyond the building line upon or onto any street, alley or sidewalk in the Borough of New Oxford Provided, cellarways and cellar doors, installed prior to the enactment of this Part, or hereafter installed in conformity with this Section, and opening into any sidewalk, may continue to be maintained and used, without penalty of any nature, but it shall be unlawful for any person to open any such cellar door, or to leave the same opened, any time between sunset and sunrise, or to open any such cellar door at any other time unless there shall be affixed thereto a bar that shall prevent any accident to users of such sidewalk. Provided further, porches, steps and cellarways may be constructed, installed and maintained so as to extend no more than five feet into the sidewalk area but the provisions hereinabove set forth as to the opening of cellar doors shall apply to all such cellarways hereafter constructed or installed.
[Ord. 261, 11/6/1969, § 4; as amended by Ord. No. 467, 6/3/2019]
1. 
Except as otherwise provided in this Part, it shall be unlawful for any person to encroach in, upon or over or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use and access in the Borough of New Oxford, or any part thereof, or permit such encroachment, obstruction or encumbrance to be placed or remain on any such public way or right-of-way. Such prohibitions shall include, but are not limited to:
A. 
The placement of any post or pole in or upon any street, alley, sidewalk, curb or any other such public way or right-of-way within the Borough.
B. 
The planting of any tree in or upon any street, alley, sidewalk, curb or any other such public way or right-of-way within the Borough.
C. 
The placement of any recreational or sports equipment, including such equipment which is by design intended to be portable, in, upon or over any street, alley, sidewalk, curb or any other such public way or right-of-way within the Borough.
D. 
The placement of any landscaping, landscaping barrier, wall or fence upon, in, upon or over any street, alley, sidewalk, curb or any other such public way or right-of-way within the Borough.
E. 
The placement, deposit, accumulation or disposal of any yard waste in or upon any street, alley, sidewalk, curb or any other such public way or right-of-way within the Borough.
[Ord. 261, 11/6/1969, § 5; as amended by Ord. No. 467, 6/3/2019]
1. 
The prohibitions contained in this Part shall not apply to the following:
A. 
The placement of any pole erected and maintained under the terms of any franchise granted by the Borough.
B. 
The placement of any pole by the Commonwealth of Pennsylvania or the Borough, or with permission thereof, for the purpose of mounting thereon any directional, warning or street name sign or notice of any law or ordinance relating to traffic or parking.
C. 
The placement of any parking meter authorized and erected by or on behalf of the Borough.
D. 
The planting or transplanting of any tree in or along any street or highway in the Borough or in or along a portion of any sidewalk area designated by the Borough as a shade tree area; provided that any such shade tree shall be located in conformity with regulations and conditions prescribed by the Borough for such planting or transplanting of shade trees.
E. 
The temporary storage of building materials and/or construction equipment in an area immediately adjacent to a structure that is undergoing construction, reconstruction or repair. A request for such temporary storage shall be submitted in writing to the Borough, and may be permitted only where no other adequate means for such storage is feasible, and subject to all terms and conditions set by the Borough Council of the Borough of New Oxford.
[Ord. 261, 11/6/1969, § 6]
Any obstruction or encroachment prohibited by this Part, or not conforming to all conditions herein prescribed for the maintenance of a permitted obstruction or encroachment, or allowed to remain after the expiration of a permit allowing the same, shall be removed within five days' notice from Borough Council to the owner of the abutting property, or in case of an obstruction for which a permit was granted, by the holder of such permit, and if not removed within such time limit, the Borough is hereby authorized to remove the same and to collect the costs and expenses of such removal, with an additional amount of 10% from the person notified, in any manner and following any procedure authorized by law for the recovery thereof.
[Ord. 261, 11/6/1969, § 7; as amended by Ord. 384, 6/7/1999]
1. 
Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day a violation of this Part continues shall constitute a separate offense.
2. 
Provided further, such fine and costs may be in addition to any amount collected under the provisions of § 206 of this Part.