[Adopted 12-8-1986 as §§ 6.131 to 6.140
of the 1986 Code]
No person shall in any manner obstruct any sidewalk in the Township of Allegheny so as to endanger any person or property or to hinder or delay public travel; provided, however, that nothing herein contained shall prohibit any person from making use of any sidewalk, in the manner provided in §§ 219-6 and 219-7 of this article, and in strict conformity with the conditions and requirements of such sections.
Any person engaged in delivering any goods,
wares or merchandise to any property abutting upon any sidewalk, or
in removing any personal property, of any nature or character whatever,
from such property may temporarily, for a total period of not more
than one hour, place any such goods, wares or merchandise, or other
personal property, upon such sidewalk, as close as possible to the
curb, to facilitate the loading or unloading of the same. The occupant
of such property, or the owner thereof where such property is not
occupied, shall be responsible for adhering to the requirements of
this section, and any failure to conform to such requirements shall
constitute a violation of this article.
[Amended 1-10-2005 by Ord. No. 2-2005]
Under special circumstances where, in the opinion
of the Street Committee of the Board of Supervisors, there shall be
no other practicable means for the temporary storage thereof, a permit
may be granted by such Committee for the storage of building materials
upon a limited portion of the sidewalk abutting upon the property
where such materials are to be used. Such permit shall be issued for
a fee of $100, payable to the Township Manager, for the use of the
Township, by the owner or occupant of such property by the authority
of whom such materials are to be used. Such permit shall be issued
upon the following conditions, which shall be strictly adhered to
by the holder thereof:
A.
Such permit shall be valid for a limited time, not
in excess of 30 days, which shall be determined by the Street Committee,
on the basis of the scope of work being undertaken, and the inconvenience
to the public involved, and shall be stated upon such permit.
B.
Such building material shall not occupy more than
1/2 the width of the sidewalk.
C.
Such building material shall be placed so as not to
interfere with drainage of the sidewalk or with access to any fire
hydrant.
D.
Such building material shall be arranged in regular,
neat, compact form so as to occupy a minimum of space and to present
the least risk of falling.
E.
The holder of such permit shall place lights and guards
in the vicinity of or around such material so as to prevent injury
to person and property.
F.
The holder of such permit shall file with the Township
Manager a bond in such a sum as shall be determined by the Street
Committee to indemnify the Township against all damages, losses, costs
or expenses that are or may be occasioned by reason of the placing
or storage of such materials upon such sidewalk.
G.
All such material shall be removed from the sidewalk
and the sidewalk shall be restored to the condition in which it was
immediately prior to such storage, on or before the date of expiration
of such permit. If the holder of such permit shall fail to comply
with the provisions of this condition, such material may be removed
by order of the Street Committee and shall be placed upon the property
where such material is to be used, outside the limits of the sidewalk;
in such case the expense of such removal, and any additional charge
authorized by law, shall be collected by the Township from the holder
of such permit; provided that nothing herein contained shall be construed
to interfere with the grading of sidewalks or streets, or the placing
of material for such purpose under the direction of the Township official
in charge thereof.
Every person erecting or repairing any building shall keep the sidewalk adjacent thereto clear and open, except as may be authorized under a permit provided for in § 219-7 of this article. Whenever necessary for the protection of the users of such sidewalk during the course of such building construction or repairing, such person shall erect a suitable shed or other protective covering over such sidewalk.
No person shall hereafter erect or place any step, platform, passageway, enclosure, bulk, bay or jut window, porch or jamb or any similar obstruction in or upon any sidewalk; provided that nothing contained herein shall prohibit the construction or erection of awnings, under the conditions set forth hereinafter, or the planting of trees between the curb and the paved portion of the sidewalk where such plantings are specifically authorized by ordinance, or the erection of steps extending not more than three feet from the property or building line of such street, leading up to the first floor of any building, or the construction of cellarways as provided in § 219-10 of this article.
No opening, railing or passageway into any cellar
shall be permitted to extend more than three feet from the building
line into any sidewalk in the Township. Every cellarway opening onto
any sidewalk shall be securely covered and protected with iron doors,
which shall be constructed so as to close flush with the sidewalk.
All other cellar doors shall at all times be kept in good repair and
shall be closed at all times except when in actual use for the removal
or receipt of goods, wares or merchandise, and when opened every such
cellar door shall be properly guarded for the protection of persons
using such sidewalk.
No person shall install, erect or maintain any
awning, any portion of which shall overhang any sidewalk in the Township,
unless the lowest point of such awning shall be not less than seven
feet above the level of the sidewalk.
Any construction or installation hereafter made or maintained in violation of the provisions of §§ 219-9, 219-10 and 219-11 of this article shall constitute an unlawful obstruction to the convenient use of the sidewalk. Within 10 days after notice to that effect from the Board of Supervisors, the owner of any property abutting such sidewalk shall remove such obstruction, either by removal of the construction or installation constituting such obstruction, or by making such alterations as may be necessary to conform strictly to the applicable requirements of the §§ 219-9, 219-10 and 219-11 of this article. In case the owner of such property shall neglect, refuse or fail to remove such obstruction within such time limit, the Board of Supervisors may cause the same to be done at the expense of the Township, and the Township shall collect such expense, and any additional penalty authorized by law from the owner of such property.
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $100 and costs of prosecution, and, 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, after
notice thereof, shall constitute a separate offense; and provided
further that the penalty imposed under this section may be in addition
to any expenses and penalties in connection therewith authorized to
be collected under the preceding section of this article.
