No person, firm or corporation shall cause any earth, stones, bricks, building material or other matter or substance to be collected or remain upon any street, road or highway of the Borough of Milford so as to be unsightly or to interfere with the use of said roads, streets or highways, nor shall any person, firm or corporation place any earth or any other substance in the gutters of said roads, streets or highways so as to obstruct in any way the flow of water along such gutters.
[Amended 9-14-2015 by Ord. No. 438]
No person shall in any manner obstruct any street, sidewalk verge, or public passageway in the Borough of Milford so as to endanger any person or property or to hinder or delay public travel thereon; provided, however, that nothing herein contained shall prohibit any person from making use of any street or sidewalk in strict conformity with §§ 260-23 and 260-24 below or from the setting out of receptacles or containers of garbage, rubbish or refuse for collection by the Borough collector on the day or days when such materials are normally collected.
Any person engaged in delivering 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, place any such goods, wares, merchandise or other personal property upon such sidewalk, as close as possible to the curb to facilitate the loading or unloading of the same. The occupant of such property or the owner thereof where such property is not occupied shall be responsible for adhering to the requirements of this section. Any failure to conform to such requirements shall constitute a violation of this article.
A.
Under certain circumstances where, in the opinion of the Borough Council, there shall be no other practicable means for the storage thereof, a permit may be granted by such Council for the storage of building materials upon a limited portion of the public highway or sidewalk abutting upon the property where such materials are to be used. Such permit shall be issued for a fee of $25, payable to the Borough Secretary for the use of the Borough, to the owner or occupant of such property where such materials are to be used.
B.
Such permit shall be issued upon the following conditions, which shall be strictly adhered to by the holder thereof:
(1)
Such permit shall be valid for a limited time, not in excess of 30 days, which shall be determined by the Borough Council on the basis of the scope of the work being undertaken and the inconvenience to the public involved, and such time shall be stated upon such permit.
(2)
Such building materials shall occupy no more than 1/2 the width of the sidewalk or 1/3 the width of the public highway.
(3)
Such building materials shall be placed so as not to interfere with drainage of the sidewalk, with access to any fire hydrant or with the flow of waters along the gutters.
(4)
Such building materials shall be arranged in a regular, neat, compact form so as to occupy a minimum of space and to present the least risk of falling.
(5)
The holder of such permit shall place lights and guards in the vicinity of or around such materials so as to prevent injury to persons and property.
(6)
The holder of such permit shall file with the Borough Secretary a bond, in such sum as shall be determined by the Borough Council, 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 materials upon such sidewalk or public highway.
(7)
All such materials shall be removed from the sidewalk or highway and such sidewalk or highway shall be restored to the condition in which it was 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 may be removed by order of the Borough Council and shall be placed upon the property where such material is to be used, outside the limits of the sidewalk, and in such case the expense of such removal and any additional charge authorized by law shall be collected by the Borough from the holder of such permit; provided, however, that nothing herein contained shall be construed to interfere with the grading of sidewalks or streets or the placing of material for such purpose under the direction of the Borough official in charge thereof.
Every person erecting or repairing any building shall keep the sidewalk adjacent thereto clear and open, except as may be authorized under a permit provided for in § 260-24 of this article. Whenever necessary for the protection of the users of such sidewalk during the course of such building construction or repair, such person shall erect a suitable shed or other protective covering over such a sidewalk.
No person, firm or corporation shall use any part of a sidewalk or highway either for any business purpose or for the storage, display, rental or sale of any goods, wares, merchandise or personal property.
No person shall hereafter erect or place any step, platform, passageway, enclosure, bulk, bay or jut window, porch or jamb or any similar obstruction in or upon any sidewalk, provided that nothing contained herein shall prohibit the construction or maintenance of awnings under the conditions set forth hereinafter, or the planting of trees between the curb and the paved portion of the sidewalk where such plantings are specifically authorized by ordinance, or the erection of steps extending not more than three feet from the property or building line of such street, leading up to the first floor of any building, or the construction of cellarways as provided in § 260-28 of this article.[1]
[1]
Editor's Note: Original Section 92-27a, Obstructions in the verge, as added 9-14-2015 by Ord. No. 437, which immediately followed this section, was repealed 2-1-2016 by Ord. No. 442.
No opening, railing or passageway into any cellar shall be permitted to extend more than three feet from the building line to any sidewalk in the Borough. Every cellarway opening onto any sidewalk shall be securely covered and protected with iron doors which shall be constructed so as to close flush with the sidewalk. All such cellar doors shall at all times be kept in good repair and shall be closed at all times except when in actual use for the removal or receipt of goods, wares or merchandise, and when opened, every cellar door shall be properly guarded for the protection of persons using such sidewalk.
No person shall install, erect or maintain any awning, any portion of which shall overhang any sidewalk in the Borough, unless the lowest point of such awning shall be not less than seven feet above the level of such sidewalk.
[Amended 11-6-1989 by Ord. No. 268; 7-7-2014 by Ord. No. 427; 11-3-2014 by Ord. No. 429]
A.
Grass, bushes, shrubs, trees and hedges abutting or overhanging sidewalks and streets, roads, alleys or highways shall be trimmed to provide clear passage of not less than 12 feet above the sidewalk, street, road, alley or highway. The area abutting all alleys, for a distance of two feet from the improved surface, shall be maintained so that no vegetation grows higher than six inches at any time. NOTE: The trimming of any shade trees must be performed pursuant to Chapter 101, Brush, Grass and Weeds, under the direction of the Shade Tree Commission.
B.
There shall be provided at street, road, alley or highway corners a sight triangle, the legs of which shall be 15 feet. Obstructions in the sight triangle may not be higher than three feet nor lower than 14 feet.
[Amended 11-3-2014 by Ord. No. 430; 8-3-2015 by Ord. No. 436; 9-14-2015 by Ord. No. 437; 2-1-2016 by Ord. No. 442]
Any vegetation, construction or installation hereafter made or maintained in violation of any of the provisions of this article shall constitute an unlawful obstruction to the convenient use of the sidewalk, street, alley or highway. Within 10 days after notice to that effect from the Borough Council, the owner of any property abutting such sidewalk or highway shall remove such obstruction either by removal of the vegetation, construction or installation constituting such obstruction or by making such alterations as may be necessary to conform strictly to the applicable requirements of this article. In case the owner of such property shall neglect, refuse or fail to remove such obstruction within such time limit, the Borough Council may cause the same to be done at the expense of the Borough, and the Borough shall collect such expense and any additional penalty authorized by law from the owner of such property.
[Added 9-11-1989 by Ord. No. 267]
It shall be unlawful for anyone to use, ride, propel or otherwise operate a skateboard upon any of the public streets of the Borough or upon the sidewalks adjacent to Broad Street or Harford Street.
[Added 8-3-1992 by Ord. No. 280]
Sidewalks may be partially obstructed, as defined herein, for the purpose of holding a sidewalk sale pursuant to the following conditions and regulations:
A. SIDEWALK SALE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A Borough-wide event wherein the Borough Council, in consultation with local businesses, designates, by resolution, not more than two days per year on which merchants are permitted to sell the goods, wares and/or services on the sidewalks of the Borough.
B.
Regulations. Only businesses in the Commercial District holding business zoning permits are eligible to participate in this event. The goods, wares and/or services sold must be such as would normally be sold by the applicable business. They may only be sold in front of the normal business location for that enterprise. The use of business fronts by out-of-town businesses or the importation of goods, wares and/or services for this event only is specifically prohibited. In each location, the vendor must maintain an unobstructed sidewalk area of not less than three feet for the use of regular pedestrian traffic. This area shall be in addition to the area of the sidewalk used by patrons of the sidewalk sale. The hours of such an event shall be set by the Council.