Borough of Sewickley, PA Article II Obstructions

[Adopted 9-25-1974 by Ord. No. 952 (Ch. 21, Part 2, of the 1996 Code of Ordinances)]

§ 287-10 Definitions and interpretation.

The word "person," as used in this article, shall mean and include any natural person, partnership, association, firm or corporation. In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 287-11 Motor vehicles for sale not to be parked on streets, alleys or sidewalks.

It shall be unlawful for any person to use any portion of any street, alley or sidewalk in the Borough for the storage, parking or display of any motor vehicle that shall be for sale and shall bear a sign or other indication of the fact that the same shall be for sale.

§ 287-12 Unlawful to occupy sidewalks with merchandise; exceptions.

[Amended 6-21-1993 by Ord. No. 1127; 2-19-1996 by Ord. No. 1159; 11-15-1999 by Ord. No. 1192]

It shall be unlawful for any person to occupy any portion of any sidewalk with any goods, wares or merchandise or with boxes or other containers therefor, or stands, tables or racks for the display thereof, except that:

A. Goods, wares or merchandise may be placed on the sidewalk for such limited time as may be necessary pending the loading or unloading, removing or storing away of the same.

B. The Borough Council, at its discretion, may establish a "special sidewalk sale day" along specified portions of the sidewalks in the Borough. On such days, any merchant having a place of business along such sidewalk may display any of his goods, wares or merchandise, along with tables, stands and/or racks for the display thereof and signs relating thereto, and such person may, individually and/or by his employees or assistants, engage in the sale of such goods, wares or merchandise. On such days, such merchants may also authorize the display of artwork, crafts and material of educational, cultural or historical import where the Council shall designate such sidewalk sale day as a day primarily for the display of such material. In establishing a special sidewalk sale day, the Council shall direct the hours when such sale shall be in effect and the portion of the width of the sidewalk to be used for such display and sale purpose and/or the portion to be kept free and open for pedestrian traffic, and it shall be unlawful for any person to disregard any such direction.

C. Decorative containers in commercial districts. Decorative containers may be placed upon Borough sidewalks in commercial districts only in accordance with the following regulations. Permission to place containers on Borough sidewalks as granted herein is revocable at will by ordinance of Council, and these regulations do not confer upon anyone a permanent or irrevocable right of property interest to maintain containers upon Borough sidewalks.

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

BUSINESS PREMISES

The building space in which a business is operated, whether the space is owned or leased by the business. Where several businesses share a building, "business premises" means only that portion of the building in which the business is physically present and operating. "Business" includes any commercial, office, retail, professional or other business activity.

DECORATIVE CONTAINERS

Planters and urns designed and commonly used for growing plants. Decorative containers does not include benches, mannequins or other objects not designed and commonly used for growing plants.

(2) Commercial districts. Decorative containers will be permitted in the C-1 and C-2 Districts.

(3) Dimensions.

(a) The minimum height of any decorative container shall be 12 inches; however, a lesser minimum height is permitted where the plants growing in the container exceed a height of 12 inches from the sidewalk.

(b) The maximum height of any decorative container shall be 21 inches.

(c) Plants growing in a decorative container may not exceed a height of six feet from the sidewalk.

(d) The maximum sidewalk area to be covered by any decorative container, also called the "footprint area," shall be six square feet.

(e) No decorative container may protrude more than 24 inches into the sidewalk from the building wall which the container abuts.

(f) No plants in a decorative container may protrude more than 24 inches into the sidewalk from the building wall which the container abuts.

(4) Container location.

(a) Decorative containers may be placed on the sidewalk only by persons owning or operating a business with business premises abutting the sidewalk and may be placed only directly in front of such business premises.

(b) No decorative container shall be located within 36 inches from either side of any doorway which opens onto the sidewalk.

(c) No decorative container may be placed within two feet of the dividing line between separate business premises or within two feet of a sidewalk corner.

(d) No decorative container may be placed so as to obstruct the view of the street number assigned to that business premises.

(e) All decorative containers shall be placed so as to allow an unobstructed sidewalk area extending at least five feet straight out towards the street from all parts of the container and of plants therein. "Unobstructed" means that, within said five-foot area, there shall be no obstruction of any kind, including, but not limited to, parking meters, trash cans, fire hydrants, signs or signposts, or any other item or thing which would obstruct free travel of pedestrians or persons using wheelchairs.

(f) In addition to the restrictions otherwise stated in this section, no decorative container may be placed so as to cause a nuisance by obstructing the free and safe passage of pedestrians, persons in wheelchairs or emergency personnel.

(5) Number of decorative containers. No business premises may place more than two decorative containers upon the sidewalk at the same time. Where a business premises is located at a corner or otherwise abuts more than one sidewalk, two containers may be placed in front of each wall on each such sidewalk.

(6) Signs and advertising prohibited. Decorative containers are permitted in order to beautify the commercial district with plants. Therefore, all decorative containers placed upon the Borough sidewalks shall be free of any sign, advertisement, messages, logos and other forms of advertising, except where the name of the manufacturer of the container is placed thereon by the manufacturer.

(7) Maintenance. All decorative containers shall be kept clean and maintained in good repair while on the sidewalk.

(8) Insurance. No decorative container may be placed upon the sidewalk unless the business or person placing the container upon the sidewalk has provided to the Borough a certificate of insurance coverage in a minimum amount of $500,000, which insurance coverage includes coverage for any liability arising from or in connection with the container. In addition, the business or person placing the decorative container upon the sidewalk shall have filed with the Borough Manager a letter stating that such business or person agrees to hold the Borough harmless from any costs, expenses, claims, demands, liabilities or actions that may arise from or in any way in connection with the placement of the decorative container upon the sidewalk.

(9) Nonfreestanding containers. This subsection shall not apply to nonfreestanding, built-in planters.

(10) Decorative containers to be planted. During the growing season, any decorative container must be kept planted and any dead or dying plants removed and replaced with healthy plants.

(11) Chairs, tables and seating.

(a) Chairs, tables and seating may be placed on the sidewalk with a minimum unobstructed path of 48 inches as measured from the curb.

(b) Chairs, tables and seating that are/is portable must be secured inside the building premises when the business is not open to the public.

§ 287-13 Violations and penalties.

[Amended 10-15-1984 by Ord. No. 1034; 2-19-1996 by Ord. No. 1159]

Any person who shall violate any provision of this article shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.