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.
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.
[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.
[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.