A.
No person or persons, partnership, firm or corporation shall erect, install or maintain any awning or canopy upon or over any public street, alley or sidewalk in Latrobe, whether the same shall be of fixed or retractable type, unless the lowest part thereof shall be at least eight feet above the surface of the street, alley or sidewalk directly below and unless the same shall be attached to the building in such a manner that there shall be no supporting rail or post upon any street, alley or sidewalk, provided that any awning or canopy maintained at the time of the adoption of this article with the lowest part thereof at least seven feet above the surface of the street, alley or sidewalk directly below may continue to be so maintained, but whenever the same shall be replaced, the lowest part of the replacement thereof shall be at least eight feet above the surface of the street, alley or sidewalk; provided, further, that the Council may, in its discretion, grant special permission for the erection, installation and/or maintenance of an awning or canopy with any part thereof supported by rails or posts upon the sidewalk.
B.
Any awning or canopy not conforming to the provisions of this section shall be removed or altered so as to conform thereto by the owner or occupant of the building to which such awning is attached, and upon failure so to do within 10 days after notice from Latrobe, such awning or canopy may be removed by Latrobe, and the cost of such removal, with any additional charge allowed by law, shall be collected from such owner or occupant. Any person, partnership, firm or corporation violating any of the provisions of this section shall, upon conviction thereof before a District Justice of Latrobe, be sentenced to pay a fine of not more than $600 and costs of prosecution for each and every violation or, in default of payment of such fine and costs, to imprisonment for not more than 30 days, provided that each day's continuance of a violation of any of the provisions of this section, after conviction thereof, shall constitute a separate offense.
[Amended 4-23-1996 by Ord. No. 1996-5]