It shall be unlawful for any person, firm, copartnership or corporation to erect or construct or maintain over, across or upon the sidewalk or driveway of any street or highway of the said Borough of Spring City any sign, device for advertising purposes, construction or protrusion whatever, unless the same shall be at least eight feet above the said sidewalk or driveway of the highway, and all signs, advertising devices, construction or protrusions now existing contrary to the provisions of this article shall be removed within three months after the approval of this article.
[Adopted 11-3-1941 by Ord. No. 136]
[Amended 2-4-1991 by Ord. No. 378]
A.
Be it further ordained by the Council of the Borough of Spring City, Chester County, Pennsylvania, that hereafter it shall be unlawful for any person, firm, copartnership or corporation owning or leasing property adjoining or abutting any sidewalk or driveway within the Borough of Spring City to suffer, permit or allow any tree, tree limb, bush, shrubbery or other plant life whatever to protrude or extend over, across or upon the sidewalk or driveway of the said Borough of Spring City unless the same shall be at least eight feet above the said sidewalk or driveway, and all protrusions and extensions of such nature now existing contrary to the provisions of this article shall be removed within one month after the approval of this article.
B.
Be it further ordained by the Council of the Borough of Spring City, Chester County, Pennsylvania, that hereafter it shall be unlawful for any person, firm, copartnership or corporation owning or leasing property adjoining or abutting any sidewalk or driveway within the Borough of Spring City to suffer, permit or allow any tree, tree limb, bush, shrubbery or other plant life whatever to protrude or extend over, across or upon the sidewalk or driveway of any street or highway of the said Borough of Spring City unless the same shall be at least 14 feet above the said sidewalk or driveway of any street or highway, and all protrusions and extensions of such nature now existing contrary to the provisions of this article shall be removed within one month after the approval of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be the duty of the Borough Street Supervisor to inspect annually all signs, advertising devices, constructions or protrusions, trees and tree limbs and any other thing now existing or which may hereafter exist, protruding or extending over, across or upon the sidewalks and driveways of the highways within the Borough of Spring City, and all those found to be a nuisance, dangerous to the public safety, and/or in violation of this article, shall be reported to the Burgess of said Borough of Spring City, who shall immediately cause a proper complaint and information to be made.
[Amended 11-4-2013 by Ord. No. 523; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm, copartnership or corporation violating any of the provisions of this article, as the same may be amended from time to time, shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
This article shall become effective immediately upon final enactment, approval and publication.