[Prior code § 3-7; amended by Ord.
2004-10 §§ 1, 2, 2005; Ord. 2004-18 § 1, 2005; Ord. 2005-22 § 1, 2005; Ord. No. 2015-07, § 1, 4-28-2015]
A. Street Defined. Street shall be defined as in Section
16.08.020 and includes the right-of-way area beyond the pavement or traveled surface of the roadway to the property line/street right-of-way line on either side of the roadway.
B. Obstruction Defined. No person shall obstruct the free and lawful
passage of pedestrians and vehicles on the streets, highways or sidewalks
of the Borough, or any part thereof, by placing thereon any vehicle,
article of traffic or merchandise or any wares, in a case or otherwise,
or any packing boxes, barrels, any sign or like structure, lumber,
wood, or other obstruction of any kind. No person shall place or cause
to be placed any rubbish, debris, sand, gravel, stone, soil, mulch
or other landscaping material on any public street, or portion thereof
in any manner so as to obstruct or interfere with the operation of
motor vehicles or drainage.
C. Exceptions. This section shall not apply to any of the following:
1. Obstructions for the purpose of transit or delivery for such time
and in such manner as may be reasonably necessary for that purpose;
2. Receptacles for garbage, ashes or refuse lawfully placed on or in
sidewalk areas for collections;
3. Obstructions for the purpose of building or construction and the
occupation of such portion of the sidewalk, street or public place
designated in a permit obtained for that purpose;
4. Plantings including, but not limited to, trees, shrubs and flowers,
may be placed within the street right-of-way provided they are located
a minimum of 7 1/2 feet behind the edge of pavement or face of
curb. Ground cover no higher than the top of curb elevation may be
placed within the first 7 1/2 feet from the edge of pavement
or face of curb;
5. Curbs, sidewalks, and driveways shall be permitted within the street
right-of-way provided they are no higher than the top of the permitted
six-inch curb height.
D. Violations and Penalties. Notwithstanding any provision to the contrary,
any person who violates or fails to comply with this section shall,
upon conviction thereof, be punishable by a fine of not less than
$100, nor more than $1,000, by imprisonment for a term not to exceed
90 days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service as determined in the discretion
of the municipal court judge. The continuation of such violation for
each successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense. The violation
of any provision of this section shall be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction.
[Prior code § 3-8; amended by Ord.
80-10 § 1, 1980; Ord.
88-8 § 1, 1988; Ord. No.
2010-02, § 1, 2-23-2010]
A. Changing Clothing in Vehicles. No person shall dress, undress, change
clothing or sleep in any type of motor vehicle or other type of vehicle.
B. Use of Streets. No person shall:
1. At any time consume alcoholic beverages or have in his or her possession an opened container containing alcoholic beverage upon any street, highway, alley, sidewalk, approach or step, beach, or in any automobile or other vehicle parked upon any street, highway, or alley or in any public building or public place, except in a licensed establishment, as regulated by the provisions of Chapter
5.08;
2. Play baseball, football, hockey, the use of skateboards and/or roller
skates or any other type of game on the public streets of the Borough
as specified below:
3. Utter loud, offensive, profane or indecent language in any public
street, other public place or address within the Borough, or make
audible and offensive remarks to or concerning any passerby, or loiter
or create a disturbance on any public street.
C. Group Rental Prohibited. No house, dwelling, building, structure
or enclosure, or any part thereof, in the Borough shall be used or
be permitted to be used, or be rented by or for the use, as living
or sleeping quarters, or for living or sleeping purposes, by or to
any society, club, fraternity, sorority, association, lodge, combine,
federation, group, coterie or organization, or to any person or member
on behalf of the same, or to any group or collection of persons who
are unmarried to each other, or who do not qualify as a family. The
word "family" for the purpose of this subsection means a collective
number of individuals living together in one house and under one head
and related by blood or marriage, whose relationship is of a permanent
and distinct domestic character, and cooking as a single housekeeping
unit, or two or more such families, or two or more individuals as
head or heads of a household where the relationship is permanent rather
than temporary and resort seasonal in nature.
[Prior code § 3-11; amended by Ord. 72-10, 1972; Ord. 74-4 § 1, 1974; Ord. 76-8 § 6, 1976; Ord. 86-15 §§ 1, 2, 1986; Ord. 88-21 § 2, 1988]
A. Regulations. No person shall park nor allow to be parked any trailer,
camp car, camper, camping device, tractor, tractor-trailer, flatbed
trailer, house trailer, or anything of similar or like kind or nature
on any street or any private property within the Borough. No person
shall park nor be allowed to park any unattached boat trailer or boats
on any given street within the territorial limits of the Borough.
B. Leasing of Lands Prohibited. No lands in the Borough shall be rented
nor leased for the purpose of placing thereon a trailer, camp car,
camper, camping device, tractor, tractor-trailer, flatbed trailer,
house trailer, tent, or anything of like kind or nature.
C. Definitions. For the purpose of this section the following words
and phrases shall have the following meanings:
CAMP or TENTING
Any portable material or canvas supported by poles, ropes
or otherwise, to permit occupancy as a temporary dwelling or sleeping
place for one or more persons.
TRAILER or CAMP TRAILER
A vehicle, whether self-propelled or otherwise, including
commercial tractor-trailers, having no permanent foundation which
may be used as a dwelling or sleeping place for one or more persons
or as a place of business or for the storage of materials of any kind.
D. Exceptions. The restrictions and prohibitions contained in Section
9.16.040(A) above shall not apply:
1. To any boat trailer designed solely for the purpose of transporting
a single small boat while the boat trailer and boat are parked on
private property. This exception shall not apply to public streets
within the Borough when the boat trailer and boat are unattached to
a motor vehicles;
2. To any of the prohibited or regulated vehicles, trailers and so forth,
provided they are garaged in an enclosed, permanent structure and
not used for any purpose whatever while so parked; and provided further
that notification has been given to the Ship Bottom police department
in accordance with the provisions of Section 9.16.040(E);
3. A camper or camp trailer, not exceeding 22 feet in length, which
is garaged or securely covered with a tarpaulin which prevents the
opening of doors and windows, located behind the setback line established
by the zoning ordinance of the Borough for building line setback on
the lot on which the camper or camp trailer is stored, provided the
requirements of Section 9.16.040(E) are met;
4. Trailers utilized in construction projects, provided they may not
remain more than the term of the construction project and provided
the provisions of Section 9.16.040(E) are met;
5. Fold down camper trailers when they are folded down, provided that
the maximum height of such trailer in a folded condition shall not
exceed five feet from the ground;
6. Prohibited vehicles being utilized for transportation may not be
parked on any public street for a period of more than one hour to
enable the owner to shop in shopping areas or go about normal routine
business;
7. Prohibited vehicles utilized by or for the promotion of any recognized
licensed charitable or religious organization upon application first
being made to the mayor and council of the Borough, who shall grant
exceptions only upon being satisfied that the following standards
shall be met:
a.
No such prohibited vehicle shall be utilized for living purposes,
cooking, sleeping, eating, dressing, undressing and the like.
b.
Such vehicle shall not interfere with normal traffic patterns
within the Borough.
c.
Such vehicle shall not be parked in such manner as to interfere
with the lawful use of any street by members of the public.
d.
Such vehicle shall not remain for a period to exceed 24 hours.
E. Registration. The police department of the Borough shall keep a trailer/camper registry. Any person claiming exemption under Subsections (D)(2)(3) or (4) of this section shall report the location of a prohibited vehicle or trailer in the Borough within three hours of the entry into the Borough of such prohibited vehicle or trailer. The application fee shall be considered as a reasonable fee to allow the maintenance of records by the police department and periodic inspection by the department of the prohibited vehicle in order to ascertain that the reason for its exemption from the terms of Chapter
9.16 are being complied with. The application for permit shall be accompanied by a short statement setting forth the name and address of the owner of the vehicle, the name and address of the owner of the property on which the vehicle is to be kept, the lot and block as is shown on the official tax map or such other location on which the vehicle is to be kept or stored, the registration number and state of the vehicle and the reason or purpose for exemption or exception under Chapter
9.16. The application shall also state the term for which the camper or trailer shall be located in the Borough.
[Added 8-22-2023 by Ord. No. 2023-13]
A. Regulations. In residential zones, temporary storage containers commonly
known as "storage pods" shall not be stored on any property, street,
or public right-of-way except pursuant to the regulations set forth
herein.
1. No more than one container may be placed on any property at any time
and no more than one permit may be issued for any property, including
any renewals of said permit, during a six-month period, except in
the discretion of the Construction Official.
2. Shall not be larger than 130 square feet in area and no higher than
10 feet above grade, shall not be located on a property any closer
to a side or rear lot line than a permitted accessory building, shall
be set back no less than 10 feet from the front lot line, and shall
be placed on a suitable base to assure stability.
3. Shall only be permitted to be located on a residential lot during
renovations and/or construction or for the unpacking or packing of
goods and materials of the owner or occupant of the property. For
renovations and/or construction, such shall be removed no more than
14 days after the issuance of a certificate of occupancy or certificate
of approval. For the packing or unpacking of goods and materials of
the owner or occupant, such shall be authorized for a period of not
more than 14 consecutive days.
4. Shall not be stored in any manner that obstructs vehicular traffic,
obstructs the view of traffic signs or vehicular traffic in sight
triangles, or obstructs pedestrian access to the sidewalk.
5. Shall not be parked overnight on a public street or the public right-of-way.
6. Shall not be used to store hazardous material or organic waste.
7. Shall not be used for the storage of construction debris, business
inventory, commercial goods, or any personal property which is not
owned by the owner or occupant of the property where the unit is located.
8. Shall not be used in connection with any business owned by the property
owner or occupant of the property, except in the event the property
owner or occupant is a contractor working at the property pursuant
to the requirements of this section.
B. Permit. Prior to the placement of a container on any private property,
the owner of the property or the person contracting for the use of
such shall apply for and receive a permit from the Borough in accordance
with the following.
1. Application shall be made to the Construction Official on the form
provided. The application shall require the name, address, and contact
information for the owners of the container and the property with
which the use is associated and the person contracting for its use
(if such person is not the owner of the property at which it will
be used), the size of the container, the location to be used at the
property, and the dates it will be located at the property.
2. Any permit issued shall be valid for a period of 14 days. Upon a
showing of continued need (such as during the course of major construction
projects or delays not caused by the applicant), the Construction
Official may renew a permit for up to two additional periods, not
to exceed 14 days each.
3. Every application for a permit not related to a construction permit
shall require the payment of a $25 permit fee, and every renewal request
shall require an additional payment of a $25 permit fee.
C. Responsibility for condition. The owner of the container, the owner
of the property, and the occupant of the property where the container
is located shall be jointly responsible to ensure that the container
is in good condition, free from evidence of deterioration, weathering,
discoloration, rust, ripping, tearing, or other holes or breaks.
D. Responsibility for compliance. The person contracting for the use of a container and the owner of the property associated with its use shall be jointly responsible for compliance with the provisions of this section, and the owner of the container shall be responsible for compliance with Subsection
C above.