[Adopted 5-7-2002 by Ord. No. 02-09]
A.
Except for emergencies, no person shall erect barricades or scaffolds,
cover or uncover walkways, erect or relocate utility poles on sidewalks
or roadways or temporary bridges, or make any curb cuts or lay or
repair a sidewalk without first obtaining a permit from the Department
of Public Works.
B.
By accepting a permit, the permittee agrees, where applicable:
(1)
To remove or relocate at its own expense all installations from the
public street, sidewalk or other public way upon five days' written
notice from the Borough requesting the removal.
(2)
To hold the Borough nonliable for removal or relocation and to indemnify
it for any costs incurred as a result of removal or relocation.
(3)
To notify abutting and adjoining property owners of the obstruction
five days prior to its installation, unless under emergency conditions,
in which case a reasonable attempt shall be made to notify abutting
and adjoining property owners prior to the installation of the obstructions.
(4)
All obstructions placed in the street, sidewalk or other area where
the public may pass shall contain reflectors, flags or other appropriate
warning indicators as determined by the Code Enforcement Officer.
A.
Prior to the issuance of any permit for minor street obstructions,
the applicant shall pay a permit fee in the amount as may be adopted
from time to time by resolution of the Town Council.
[Amended 12-28-2010 by Ord. No. 10-17[1]]
B.
No obstruction permit of any kind shall be granted to any individual
or entity that owes the Borough any delinquent taxes (including, but
not limited to, property taxes on any real property in the Borough,
earned income tax, mercantile tax, business privilege tax, occupation
tax or amusement tax), that owes the Borough any delinquent sewage
charges, or that owes the Borough any current or delinquent garbage
fees. For the purposes of this subsection, an entity shall be deemed
to be delinquent or in violation either if the named entity is delinquent
or in violation or if any individual that owns 50% or more of the
entity has a delinquency or violation.
C.
The Borough shall have the right and power at all times to place
on utility poles located in the public right-of-way signs, police
and fire communication devices, streetlights, cables, devices and
apparatus and to place, replace, alter, repair or replenish the same
without any rental cost to the Borough.
D.
No person or utility company shall use any utility pole or underground
system within the public right-of-way for any purpose except that
which is necessary for pertinent utilities without first obtaining
the permission of the Town Council of the Borough.
A.
No person shall walk upon or drive any vehicle upon or injure any
newly laid street or sidewalk pavement while the same is guarded by
a warning sign or barricade, or knowingly injure any soft or newly
laid pavement.
B.
No person shall operate, park, load or unload on any street any vehicles
or equipment in the manner as to mark, stain or damage the surface
of the street or any structures, fixtures, appurtenances and features
thereon by any means, including but not limited to wheel marks, oil
drippings and excess weight.
A.
No person shall deposit on any street any material that may be harmful
to the pavement thereof or any waste material, glass or other articles
that may cause injury to persons, animals or property.
B.
Materials may be deposited in streets preparatory to delivery or
use, provided it does not reduce the usable width of the roadway at
that point to less than 18 feet, and provided that the material, other
than that to be used in actual building construction, shall not be
permitted to remain in the street for more than three hours. In any
event, the placing of material shall not seriously interrupt the normal
flow of traffic.
A.
No person shall deposit on any public sidewalk any material that
may be harmful to the pavement thereof or any waste material, glass
or other articles that might cause injury to persons, animals or property.
B.
Merchandise or other articles may be deposited on sidewalks preparatory
to delivery, provided that the usable width of the sidewalk is not
reduced to less than five feet and that no articles shall remain more
than one hour on the sidewalk.
A.
No person shall open, remove or in any way disturb the lid or top
of any sewer drop or manhole within the Borough without the express
written permission of the Borough.
B.
No persons shall cause any liquid waste or other material other than
water to be discharged into any sewer inlet within the Borough.
No person shall display any advertising matter on any property
that is owned or controlled by the Borough for either business or
political purposes, and no display shall be made in connection with
any municipal, state or national election of pictures or written matter
relating to the various candidates for office. Where any Borough property
is used for a polling place, sample ballots may be displayed but no
display shall be made of any one or more candidates or of any matter
relating to candidates other than a formal notice relating to all
the candidates of all parties except on any Election Day within the
Borough.
No person shall erect, install or maintain a telephone booth,
public transit shelter or news vending machine on any sidewalk or
other public place without first obtaining a permit annually from
the Borough. All telephone booths, transit shelters and news vending
machines so installed shall be subject to the terms and conditions
imposed by the Borough.
Any person, firm or corporation who shall violate any provision
of this article shall be, upon conviction thereof, sentenced to a
fine of not less than $500 nor more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each failure to obtain a permit, to comply
with any of the requirements of this article, and each and every day
during which said violation shall continue shall constitute a separate
offense.
