§ 180-11Definitions; word usage.
§ 180-12Placement of goods, wares, merchandise, material or equipment
on sidewalk.
§ 180-13Placement of snow on plowed streets.
§ 180-14Erection of signs over sidewalks.
§ 180-15Encroachments onto streets, alleys and sidewalks.
§ 180-16Removal upon notice.
§ 180-17Violations and penalties.
As used in this article, the following terms shall have the meanings indicated:
- PERSON
- Includes 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.
It shall be unlawful for any person to place, store or display upon any sidewalk in the Borough of Duncannon any goods, wares, merchandise, material, articles or equipment, except that:
Goods, wares and merchandise in 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
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 Borough Manager, 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 Borough Manager 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 the safety and warning procedures that shall be adhered to by the holder of the permit.
It shall be unlawful for any person to shovel or otherwise place any snow, removed from any sidewalk or from any other location whatsoever, upon or onto the roadway of any street from which the snow had already been plowed.
It shall be unlawful for any person to erect or maintain any covering or sign of a permanent nature over any sidewalk at a height of less than seven feet six inches, measured from the highest point of the sidewalk below, or to erect or maintain any covering or sign of a temporary nature over the sidewalk at a height of less than eight feet, measured from the highest point of the sidewalk. Provided: retractable awnings may be maintained with the lowest point not less than seven feet from the highest point of the sidewalk.
It shall be unlawful for any person to place or construct any steps, stairways, areaways, bulk or bay windows, porches, fences, cellar doors or cellarways, or any encroachment or encumbrance whatsoever, whereby any sidewalk, street or alley may be obstructed or encroached upon. Provided: flat cellar doors, not extending more than 3/8 the width of the paved sidewalk, and in existence prior to the enactment of this article, may continue to be maintained and used, but no new cellar doors or cellarways opening into any sidewalk or sidewalk area may be constructed or installed.
Any person placing, installing, erecting or maintaining any obstruction or encroachment contrary to any provision of §§ 180-12 through 180-15 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 authority to remove or 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 violates any provision of this article shall, for every such violation, 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 fine and costs, to undergo imprisonment for not more than 30 days. Provided: each day's continuation of a violation shall constitute a separate violation.
