[Adopted 6-17-1942 by Ord. No. 781]
It is hereby declared unlawful for any person,
partnership or corporation to place, pile or accumulate any goods,
wares, merchandise, boxes, containers, stands, commodities or articles
of any kind on or above any part of any of the public highways or
sidewalks within the Township of Lower Merion, provided that nothing
herein contained shall be construed to prevent any such property from
being taken to or from any premises in the ordinary course of delivery
or transportation and provided further that nothing herein contained
shall prevent the erection of bicycle stands on sidewalks in commercial
districts, as such districts are defined in the Zoning Ordinance of
the Township of Lower Merion, as amended,[1] if a permit for erecting any such stand is first obtained
from the Police Department.
[Amended 4-19-1995 by Ord. No. 3389; 1-19-2002 by Ord. No.
3629; 5-15-2024 by Ord. No. 4293]
It is hereby further declared unlawful for any
person, partnership or corporation to hang canvas signs or banners
or similar advertising devices above any part of the public highways
or sidewalks within the Township of Lower Merion; except, when a permit
is issued by the Department of Public Works, banners displaying a
logo, slogan or design associated with an educational or civic organization
may be erected above a sidewalk in such uniform size and subject to
such regulations as the Township shall promulgate.
[Added 1-18-1995 by Ord. No. 3378]
A.
Legislative intent. The Board of Commissioners of
the Township of Lower Merion, intending to promote the health, safety
and welfare of the community, recognizes the following:
(1)
The public rights-of-way must be primarily preserved
for the safety of the traveling public, without undue distraction
and without interference with traffic devices and sight distances.
(2)
Signage in the public right-of-way causes distraction
of the motoring public, can block traffic devices and sight distances
and create a visual scenario which is aesthetically displeasing and
degrading to the value of adjacent properties.
(3)
The public rights-of-way have been a traditional forum
for public speech, subject to reasonable controls. This forum has
been especially valuable to the public in promulgating notification
of sporadically occurring events, since other means of advertising
do not effectively permit messages to be focused on the local area
to which such speech uniquely applies.
(4)
Limited use of the public rights-of-way to disseminate
messages, temporary in nature, pertaining to local events can be accommodated
without overt danger to those using such rights-of-way for public
travel, provided that appropriate regulations are observed.
B.
Temporary sign, definition. For purposes of this section,
a “temporary sign” is one which promotes a sporadically
scheduled event, such as an election or candidates for that election,
a fair, a social event, a garage sale and the like, which shall be
in place no more than 45 calendar days and which does not exceed six
square feet in size.
[Amended 1-20-2010 by Ord. No. 3901]
C.
Authority to erect signs. No person may erect or maintain
a sign in the public right-of-way, other than a temporary sign when
in compliance with the regulations set forth below.
D.
Placement of temporary signs. No temporary sign may
be erected:
(1)
Which would interfere with a motorist's view of vehicular
or pedestrian traffic, traffic signs, street signs or street numbers.
(2)
Any part of which is within 18 inches of a curbline.
(3)
In front of one's property unless the permission of
that property owner is first obtained.
(4)
Which is on a traffic island not for the use of motor
vehicles or on any other area between lanes of traffic.
(5)
On public property or in the right-of-way in front
of public property.
(6)
Which is attached to a permanent pole or structure
within the right-of-way or which would constitute an obstruction to
those using the right-of-way, including a public sidewalk.
E.
Improperly erected signs. Any sign erected in the
public right-of-way which is placed in violation of this section may
be removed by the Township or the abutting property owner, if placed
without permission, and must be removed by the party responsible for
placing the sign within five days of notice from the Township to do
so.
[Added 4-19-1995 by Ord. No. 3389; amended 1-19-2002 by Ord. No.
3631; 5-15-2024 by Ord. No. 4293]
An appeal from any decision of the Director
of Public Works pursuant to this article may be taken to the Public
Works Committee of the Board of Commissioners. Such appeal shall be
made in writing within 10 days of such decision and shall be verified
by affidavit and filed with the Township Secretary. The appellant
or his representative shall have the right to appear if such right
is requested in the written appeal. A prompt decision of such appeal
shall be made by the Public Works Committee. Every action of the Committee
on such appeal shall be by resolution, a copy of which shall be certified
and furnished to the Director of Public Works and the appellant.
[Amended 9-21-1977 by Ord. No. 1802; 8-3-1988 by Ord. No. 3104]
Any person, partnership or corporation violating
the provisions of this article shall be subject to a fine or penalty
of not more than $600 for each and every offense, to be collected
before any District Justice as like fines or penalties are by law
collectible.
[Added 5-15-2024 by Ord. No. 4293]
Any Lower Merion Township Public Works official and any police
officer are hereby empowered to enforce all provisions of this article
and to write citations for any violations.
