Borough of Bath, PA Article IV Obstructions

[Adopted 10-3-2005 by Ord. No. 2005-583 (Ch. 154, Art. III, of the 2005 Code of Ordinances)]

§ 568-35 Definition and interpretation.

A. As used in this article, the following terms shall have the meanings indicated:

PERSON

Any natural person, partnership, association, municipal authority, firm or corporation.

B. The singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 568-36 Placement and maintenance of obstructions restricted.

No person shall place or maintain any obstruction upon any street, alley or sidewalk, except as the same may be specifically authorized in this or any ordinance of the Borough; provided, nothing herein shall apply to or limit the lawful use of streets and alleys for vehicular travel and the parking of vehicles.

§ 568-37 Temporary use of sidewalk for loading and unloading.

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, place 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. 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, and any failure to conform to such requirements shall constitute a violation of this article.

§ 568-38 Obstruction of street and sidewalk during sidewalk work.

A. Any person engaged in the construction, reconstruction or repair of any sidewalk and/or curb may obstruct such sidewalk and the portion of the street directly abutting the same, where there is not sufficient space upon the sidewalk, with materials, tools and supplies used in the work of construction, reconstruction or repair of the sidewalk and/or curb; and may block off such sidewalk and/or street where necessary for the protection of the public and the pursuance of such work.

B. A permit for such obstruction shall first be obtained from the Secretary, the fee for which shall be set by resolution of Council from time to time.

[Amended 11-5-2018 by Ord. No. 2018-678]

C. Every such obstruction, whether comprising material, tools, supplies or blocked off portions of the sidewalk and street, shall be adequately guarded and blocked off, and between sunset and sunrise, shall be indicated by one or more warning lights.

§ 568-39 Violations and penalties.

[Added 11-5-2018 by Ord. No. 2018-678]

A. Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and/or to imprisonment for a term not to exceed 90 days.

B. Every day that a violation of this article continues shall constitute a separate offense.

C. In addition, court costs and reasonable attorney fees incurred by the Borough in enforcement proceedings shall be assessed against violator and awarded to the Borough.