Town of Elkton, VA Article III Obstruction of Streets and Sidewalks

[Adopted 6-19-1980 as Secs. 6-4-71 through 6-4-72 of the 1980 Code; amended in its entirety 9-16-2002]

§ 143-22 Permit required.

Except as otherwise provided, it shall be unlawful for any person to obstruct any street, sidewalk or parkway with merchandise, goods, ladders, scaffolds, ropes or any other manner without a permit, regardless of the purpose, character or extent of the obstruction.

§ 143-23 Fee for permit; term.

A. No permit under this article shall be issued for longer than seven consecutive days.

B. A flat fee of $25 shall be charged for a one-day permit required under § 143-22.

C. A flat fee of $125 shall be charged for a seven-day permit required under § 143-22.

§ 143-24 Permit procedure.

A. The procedure for obtaining a permit under this article shall be as provided in Article I of this chapter.

B. The Zoning Administrator shall have the right to refuse to issue a permit pursuant to this article if he or she deems that the applicant is in violation of any Town regulations or ordinances.

§ 143-24.1 Conditions of permits.

Conditions of permits shall be as follows:

A. A minimum passage space 42 inches wide shall be maintained on all streets.

B. A minimum passage space 42 inches wide shall be maintained on all sidewalks running parallel with the curbline of that sidewalk.

C. A minimum clearance of 12 feet shall be maintained from any overhead obstructions.

D. Merchandise and goods shall be removed from the streets or sidewalks daily so that the obstruction only occurs during regular business hours.

§ 143-24.2 Inspections by Zoning Administrator.

All obstructed areas shall be under the supervision and control of the Zoning Administrator or his or her designee, whose duty it shall be to inspect the obstructed areas from time to time to insure they are in compliance with the terms of this article and the issued permit.

§ 143-25 Violations and penalties.

A. It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine of $150. Each day any violation of this article shall continue shall constitute a separate offense.

B. It shall be an offense for any person to fail to remove an obstruction from a street or sidewalk. For any person found guilty thereof, the Zoning Administrator, or his or her designee, may remove the obstruction after giving 72 hours' notice to the property owner. The property owner shall be subject to a fine equal to the cost of removing said obstruction, in addition to the penalty described in § 143-25A above.