[Adopted 8-22-1989 as Ord. No. 413 (Art. 905 of the 1976
Code)]
Evans City Borough may require owners of the
property abutting on any street, including state highways, to construct,
pave, repave and keep in good repair the sidewalk along such property,
at such grades and under such regulations as the Borough Council may
prescribe by resolution, from time to time, considering slope, soil
composition, setbacks, character of the property as commercial, residential,
industrial, etc., water runoff and such other engineering factors
as the Borough Engineer may recommend. Such sidewalks or footways
shall be constructed of cement, stone or brick to make a firm, continuous,
smooth, uniform pavement or walk. All sidewalks, curbs and gutters
shall be constructed, paved, repaved or repaired upon the line and
grade obtained by the property owner from the Borough Engineer.
[Amended 11-6-1995 by Ord. No. 461]
Notice to construct, pave, repave and repair
sidewalks, curbs or gutters shall be given by registered or certified
mail to abutting property owners, and such owners shall have 365 from
the date of notification to comply with said notice in conformity
with any construction specifications prescribed by the Council. Upon
the failure of any property owner to construct, pave, repave or maintain
any sidewalk, curb or gutter in compliance with notice to do so, the
Evans City Borough may do the same or cause the same to be done and
may levy the cost of its work on such owner as a property lien to
be collected in the manner provided by law. Where, in the opinion
of the Evans City Borough Superintendent, a dangerous condition exists,
the Borough Secretary shall send such property owner notice by registered
or certified mail or personal service stating that emergency repairs
are required. Upon failure of such owner to comply with the notice
within 48 hours after receipt, the Borough may make emergency repairs
and levy the cost of its work o such owner as a property lien, to
be collected in the manner provided by law. Every reasonable effort
will be made by the Borough and the property owner to coordinate sidewalk
repair and construction with street paving and curb replacement.
Hereinafter it shall be unlawful for any person
to construct any opening into a cellar which shall occupy or open
into any portion of any street, public alley or sidewalk in the Borough.
All cellarways, cellar steps and cellar doors constructed and located
prior to the enactment of this article and occupying or opening into
any portion of a sidewalk may continue to be maintained and used under
the following conditions: All cellarways opening into and encroaching
upon a sidewalk shall be securely covered with iron doors closing
flush with the surface of the sidewalk, and such doors shall at all
times be kept in a safe and secure condition and shall be kept closed
at all times between sunset and sunrise and at all other times when
the cellar steps are not being used.
Hereafter, it shall be unlawful for any person
to construct, locate or place any step or steps leading upward from
a sidewalk to a porch or building where any portion of such step shall
be located upon the sidewalk; provided, however, that any step or
steps constructed and located prior to the enactment of this section
may continue to be maintained and used, provided that no such step
or steps shall extend more than four feet into a sidewalk in the case
of a sidewalk seven feet wide or wider or more than two feet into
a sidewalk in the case of a sidewalk less than seven feet in width.
It shall be unlawful for any person to place
or maintain any awning, any part of which extends over or above any
sidewalk, unless every part of such awning shall be at least three
feet from the curbline and at least seven feet above the surface of
the sidewalk.
[Amended 11-6-1995 by Ord. No. 461]
It shall be unlawful for any person to construct or locate any portion of a building or any porch bay or jut window, awnings and canopies made of wood, metal, fiberglass or other synthetic material which cannot be retracted, enclosure or other structure or part thereof, except as specifically permitted by § 155-26 of this article, any part of which shall extend into or be located or encroach upon any street, alley or sidewalk in the Borough.
[Amended 10-14-1999 by Ord. No. 489]
It shall be unlawful for any person, property
owner or business owner to build a structure of any type over a sidewalk,
alley or street in the Borough, except under the following conditions
and regulations and only applying to sidewalks:
A.
Vertical roof supports shall be at least three feet
from the curbline.
B.
The roof overhang, gutters, downspouts or any other
part of the roof structure shall be at least two feet from the curbline.
C.
Vertical roof supports shall be a minimum of five
feet from the centerpoint of fire hydrants.
D.
There shall exist at least eight feet of passage room
vertically from the sidewalk to the lowest point of the structure
along all points of the structure.
E.
There shall exist a width of at least 78 inches of
passageway at all points along the sidewalk.
F.
Lighting shall exist under the permanent roof structure
and shall be consistent with current BOCA National Building Code standards.
G.
No alterations or additions may be made to such structure
without prior approval of the Evans City Borough Council to ensure
that such structures do not further obstruct passage along the streets
or sidewalks, air and light and trade or commerce in and along said
sidewalks or streets.
It shall be unlawful for any person to construct,
erect or locate any fence or wall or plant or maintain any hedge or
tree along any street or alley in the Borough, any part of which fence,
wall, hedge or tree shall extend over any sidewalk, alley or street
in the Borough. Shade trees may be authorized within or without sidewalks,
streets or alleys only in areas designated by the Borough Council.
Any cellarway, cellar door, step, awning, porch,
bay or jut window, enclosure, fence, wall or hedge or other structure
or building or part thereof located or maintained in conflict with
any of the provisions of this article shall be removed by the owner
of the property where such obstruction or encroachment is maintained
within 10 days after notice from the Borough Council to do so, and
in default of such removal by such property owner within such time
limit, the Borough may cause the same to be removed and may collect
the cost of removal, together with a penalty of 10% from such defaulting
property owner.
[Amended 8-1-1994 by Ord. No. 456; 7-1-2002 by Ord. No. 506; 12-8-2005 by Ord. No. 518]
A.
Prohibitions; pedestrian right-of-way.
(1)
Skateboards. It is hereby prohibited to use skateboards
or other like instruments on private property within the Borough of
Evans City except on property owned by the operator or on property
which the owner has granted express written permission for use to
the operator.
(2)
It is hereby prohibited to use skateboards or other
like instruments on any public property, including but not limited
to streets, sidewalks, public parks and parking lots, anywhere within
the Borough,
(3)
It is hereby prohibited to use or to permit the use
of bicycles, in-line skates and scooters or other like instruments
on any sidewalk within the Borough of Evans City in any district designated
as commercial on the official Evans City Zoning Map.
(4)
Pedestrian right-of-way. Where use of skateboards,
bicycles, in-line skates and scooters or other like instrument is
permissible, the operator of said instrument shall yield the right-of-way
to any pedestrian, motor vehicle or other user of said sidewalk, street
or parking lot and shall not interfere with the proper use of any
public or private way by any other person.
B.
No person or persons shall coast or ride upon any
sled, skateboard or roller skate or similar conveyance in the Borough
or upon any street or public alley in the Borough unless such street
or alley shall have been specially set apart and designated as a play
highway by the Council for the purpose of sledding, skateboarding
or roller-skating and have been blocked off or adequately protected
from vehicular traffic.
It shall be unlawful for any person, firm or
corporation to store or display any merchandise or to place vending
machines of any kind upon any portion of any street, alley or sidewalk
in the Borough, provided that each day's violation of any of the provisions
of this section shall constitute a separate violation, and provided
further that for special occasions, the Council may grant special
permission for the merchants of the Borough or exhibitors to display
and/or sell merchandise upon the sidewalks or such portions thereof
as the Council may specify.
[Amended 8-1-1994 by Ord. No. 456]
It shall be unlawful for any person, partnership,
firm or corporation to use any street or public alley or any portion
thereof in the Borough for the purpose of exhibiting or displaying
any vehicle for sale, rent or exchange.
[Amended 8-1-1994 by Ord. No. 456]
A.
Except as otherwise provided in this section, any
person who shall violate any provision of this article shall, upon
conviction, be sentenced to pay a fine of not less than $25 nor more
than $600 and costs of prosecution and, in default of payment of such
fine and costs, to undergo imprisonment in the Butler County Jail
for a period of not more than 30 days.
B.
Any person who violates any provision of § 155-31 shall be guilty of a summary offense and shall be sentenced to a fine of not less than $25 nor more than $300 per offense, together with costs and the confiscation of the instrument used to violate the provision.
[Amended 12-8-2005 by Ord. No. 518]
