[Adopted 3-12-1945 by Ord. No. 147]
[Amended 10-3-1949 by Ord. No. 165; 6-7-1993 by Ord. No. 391]
Fixed awnings or overhangs extending over the sidewalk shall not be permitted unless said awnings or overhangs have a minimum clearance of eight feet from the sidewalk to the bottom of the fixture with no support members extending to the sidewalk; and further provided that said awnings or overhangs shall not extend more than four feet over the sidewalk from the face of the building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, persons, partnerships, firms, corporations or artificial body violating any of the provisions of § 438-6 of this article 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.
After the expiration of the notice provided for in § 438-7 of this article and on failure to comply therewith, the Burgess is hereby authorized to have such awning, awning-pole and fixtures summarily removed and it shall be the duty of the said Burgess and he is hereby required to give the necessary notice and secure the removal of the said awning, awning-pole and fixtures as herein provided for.