[Ord. 346, 4/8/1957, § 1]
1.
PERSON
STREET
In this Part the following words shall have the meanings hereby ascribed
thereto, except in those instances where the context clearly indicates
a different meaning:
Any natural person, partnership, association, firm or corporation.
The cart-way of any street, alley or other highway in the
Borough of Wellsboro.
2.
In this Part the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 346, 4/8/1957, § 2; Ord. No. 697, 2/10/2020]
No person shall deposit grass clippings, leaves, or snow on
any street or sidewalk in the Borough; excluding those times when
snow may be moved to the metered parking spaces along Main Street
during snow removal following snow events.
[Ord. 346, 4/8/1957, § 3]
Any person engaged in delivering any 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, between
sunrise and sunset, place any such goods, wares or merchandise or
other personal property upon such sidewalk, as close as possible to
the curb, to facilitate the loading or unloading of the same. Any
merchant occupying premises upon any of the streets in the Borough
may display merchandise upon the sidewalk abutting his place of business
on condition that no more than the innermost three feet of width of
such sidewalk shall be so occupied. The occupant of the 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 Part.
[Ord. 346, 4/8/1957, § 4; as amended by A.O.]
1.
Under special circumstances where, in the opinion of the Borough
Manager, there shall be no other practicable means for the temporary
storage thereof, a permit may be granted by the Manager for the storage
of building materials and/or equipment and tools used in construction
work upon a limited portion of the sidewalk and/or street abutting
upon the property where such materials, tools and equipment are to
be used. Such permit shall be issued for a fee, in an amount as established
from time to time by resolution of Borough Council, payable to the
Borough Manager for the use of the Borough, by the owner or occupant
of such property by the authority of whom such material, equipment
and tools are to be used. Such permit shall be issued upon the following
conditions, which shall be strictly adhered to by the holder thereof:
A.
Such permit shall be valid for a limited time, not in excess of 30
days, which shall be determined by the Manager on the basis of the
scope of work being undertaken and the inconvenience to the public
involved, and shall be stated on the permit.
B.
Such permit shall authorize the use of a portion of the street or
a portion of the sidewalk, or both, and no material, tools or equipment
shall be stored on any street where the permit is applicable to the
sidewalk only or upon any sidewalk where the permit is applicable
to the street only. The Manager shall determine whether street, sidewalk
or both may be used on the basis of the circumstances of the case.
C.
No more than 1/3 the width of the street or 1/2 the width of the
sidewalk may be occupied under any such permit.
D.
Such material, tools and equipment shall be placed so as not to interfere
with the drainage of the street or sidewalk or with access to any
fire hydrant.
E.
Such material, tools and equipment shall be arranged in regular,
neat, compact form so as to occupy a minimum of space and to present
the least risk of falling.
F.
The holder of such permit shall place lights and guards in the vicinity
of or around such material, tools and equipment so as to prevent injury
to persons and property and, if required by the Manager, shall provide
a guarded path for pedestrians upon or adjacent to the sidewalk.
G.
The holder of such permit shall file with the Borough Secretary a
bond, in such sum as shall be determined by the Manager, to indemnify
the Borough against all damages, losses, costs or expenses that are
or may be occasioned by reason of the placing or storage of such material,
tools or equipment upon the street or sidewalk, if the Manager, in
his discretion, shall require that such bond shall be procured.
H.
All such material, tools and equipment shall be removed from the
street and/or sidewalk and the street and sidewalk shall be restored
to the condition in which they were immediately prior to such storage,
on or before the date of expiration of such permit. If the holder
of such permit shall fail to comply with the provisions of this condition,
such material, tools and equipment may be removed by order of the
Borough Manager and shall be placed upon the property where such material,
tools and equipment are being used, outside the limits of street and
sidewalk; in such case the expense of such removal with an additional
penalty of 10% shall be collected by the Borough from the holder of
such permit.
2.
Provided, nothing herein shall be construed to interfere with the
grading of sidewalks or streets, or the placing of material, tools
and equipment for such purpose under the direction of the Borough
official in charge thereof. Provided, further, any person applying
for a permit and dissatisfied with any condition thereof determined
by the Manager may appeal to the Borough Council for a change in any
such condition, and the decision of the Council thereupon shall be
final.
[Ord. 346, 4/8/1957, § 5]
Within 24 hours' notice, any person placing or maintaining
upon any street or sidewalk in the Borough any obstruction in violation
of any provision in this Part shall remove the same from such street
or sidewalk, in default of which, the Council may cause the removal
thereof and the Borough may collect the cost of such removal, with
an additional charge of 10% from such person.
[Ord. 346, 4/8/1957, § 6; as amended by A.O.]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said fine and costs,
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
[Ord. 345, 4/9/1957, § 1]
In this Part, the word "person" shall mean any natural person,
partnership, association, firm or corporation. The singular shall
include the plural and the masculine shall include the feminine and
the neuter.
[Ord. 345, 4/9/1957, § 2]
No person shall construct or maintain any awning, sign or marquee,
any portion of which shall overhang any sidewalk in the Borough of
Wellsboro, unless the same shall in every way conform to all the requirements
of this Part pertaining thereto.
[Ord. 345, 4/9/1957, § 3]
No part of any awning or marquee shall have a clearance of lees
than eight feet above the sidewalk. No part of any sign shall have
a clearance of less than 10 feet above the sidewalk or eight feet
above the floor level of the first floor of the store or other building
to which such sign is attached, whichever is greater. Every part of
every sign, awning or marquee shall be at least two feet inside the
curbline. Every sign, awning and marquee shall be attached to a building
and not to a pole or other means of support placed in the sidewalk
or curb. The means of attachment of every such sign, awning and marquee
shall be subject to the approval of the Council.
[Ord. 345, 4/9/1957, § 4]
The Borough Council shall have authority at any time to inspect
any sign, awning or marquee overhanging any sidewalk, or to cause
the same to be inspected by the borough Manager, Borough Engineer
or other person appointed by the Council for the purpose. The Council
may require that the owner of the property upon which is located any
such sign, marquee or awning found to be in an unsafe condition or
in any way not conforming to any provision of this Part remove such
sign, awning or marquee or make such alterations, repairs or corrections
as necessary to make the same safe and in conformity with all such
provisions. In any instance where any property owner shall fail, refuse
or neglect to remove any such sign, or to make the alterations, repairs
or corrections required within the time limit stated in the notice
from the Council, the Council may cause the same to be done and shall
collect the cost of such work, with an additional amount of 10% from
the owner of such property.
[Ord. 345, 4/9/1957, § 5; as amended by A.O.]
Any person, firm or corporation 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 imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
