In this Article, the word "person" shall mean
and include any natural person, partnership, association, firm or
corporation. The singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine
and the neuter.
[Amended 6-17-2002 by Ord. No. 868]
A. It shall be unlawful for any person to place, store
or display upon any sidewalk in the Borough of Mount Oliver any goods,
wares, merchandise, material or articles or equipment of any nature
except that:
(1) Goods, wares and merchandise in the process of being
loaded or unloaded may be placed upon a sidewalk for only such time
as reasonably necessary for the loading or unloading thereof; and
(2) Building material may be stored upon the sidewalk
directly abutting a property upon which building construction, alteration
or repair shall have been authorized by the granting of a building
permit, upon special permission of the Building Official, in cases
where it shall not be possible or practicable to store such material
upon the lot where such work is being done; but such storage shall
conform strictly to the conditions prescribed by the Building Official
in the permit therefor, which may include but need not be limited
to the length of time such storage shall be permitted; the portion
of the sidewalk that may be occupied by such stored material; and
safety and warning procedures that shall be adhered to by the holder
of the permit.
B. No person or group of persons shall loiter or obstruct
traffic by standing, sitting or lying on any public street, way, alley,
steps, curb or sidewalk in such a manner as to obstruct vehicular
or pedestrian traffic along such public street, way, alley, steps,
curb or sidewalk, or ingress, or egress to and from any private or
public place of residence, commerce, amusements, or worship or Borough
park, or loiter in any other manner. The placement of chairs, stools,
benches, or other seating devices on a sidewalk shall be deemed a
per se violation of this section.
C. For purposes of this article, the term "sidewalk"
shall have the following meanings:
(1) In the Commercial and Historic Zoning Districts, the
area between the curb and a straight line along the facade of each
building;
(2) In all other Zoning Districts, the area between the
curb and the edge of the pavement or right-of-way in front of each
property.
It shall be unlawful for any person to construct
or place any steps, stairways, areaways or cellar doors that shall
encroach upon or into any sidewalk, but existing cellarways may continue
to be maintained and used, provided that the openings into the same
shall be kept closed at all times, except when in immediate use, by
doors or gratings level with the surface of the sidewalk.
Any person placing, installing, erecting or
maintaining any obstruction or encroachment, contrary to any provision
of this Article, shall, within 10 days after notice thereof by the
Borough Council, remove the same or make changes necessary to bring
the same into conformity with the applicable provisions of this article,
in default of which the Council shall have the authority to remove
the same or to cause the same to be removed, and to collect the cost
of such removal with an additional amount of 10% from the person to
whom such notice shall have been given.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced, for each
and every such violation, to pay a fine of not more than $1,000 and
costs of prosecution and, in default of payment of such fine and costs,
to imprisonment for not more than 30 days. Each day's continuance
of a violation, after notice thereof, shall constitute a separate
violation.