[Adopted 9-2-2003 by Ord. No. 03-12]
As used in this article, the following terms shall have the
meanings indicated:
The occupation or use of that portion of the sidewalk that
extends (more than 14 inches) from the front facade or face of the
building immediately adjacent to said sidewalk, which interferes with
the free use thereof or passage over, which renders the sidewalk or
that portion thereof impassable except at the unreasonable inconvenience
or hazard of the pedestrian traffic; an obstacle, impediment or barrier.
Includes any natural person, partnership, association, firm
or corporation.
It shall be unlawful for any person to obstruct or occupy that portion of a sidewalk that extends (more than 14 inches) from the front facade or face of the building immediately adjacent to a sidewalk in any manner whatsoever (whether with goods, food, wares, merchandise, boxes, containers, stand, tables, racks, crates, kegs, lumber, bricks or other articles), which obstruction or occupation impedes, hinders, interferes or restricts the free use of said sidewalk by the public except at the inconvenience or hazard of said public and users thereof, except that merchandise may be placed on the sidewalk for the purpose of loading or unloading, removing or storing away of same, and further in accordance with § 235-25 hereof.
Any person lawfully operating a business, profession or other
enterprise within the commercially zoned districts of the Borough
of Bellevue may obtain a permit that will permit that person to place
goods, food, wares and merchandise upon the sidewalks of the Borough
of Bellevue in accordance with the following restrictions:
A.
Goods, food, wares and merchandise placed on the sidewalk are restricted
to the space within 14 inches of the front of the building in which
the commercial enterprise is conducted.
C.
Before obtaining a permit, the person must provide evidence of an
insurance policy in the amount of $1,000,000, indemnifying the Borough
of Bellevue from all liability related to the placement of goods,
food, wares and merchandise on the sidewalks.
D.
The permit shall be valid for the calendar year which it is issued,
except that all permits will be invalid during any sidewalk sale day
or days designated by the Town Council of the Borough of Bellevue.
A.
The Town
Council of the Borough of Bellevue, at its discretion, may establish
a special sidewalk sale day or days along specified portions of the
sidewalks of the Borough of Bellevue. During such days, the Town Council
of Borough of Bellevue may extend the portion of the sidewalks that
can be used for the placement and sale of goods, food, wares, merchandise
and signboards without the requirement of obtaining a permit.
B.
In establishing
a special sidewalk sale day or days, the Town Council shall state
the dates and hours when such sale shall be in effect and the portion
of the width of the sidewalk to be used for such display and sale
purpose and/or the portion to be kept free and open for pedestrian
traffic.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 nor more than $500 and costs of prosecution and, in default of
payment of such fine and costs, to undergo imprisonment for not more
than 30 days. Upon the conviction of any person to whom a permit has
been issued by the Borough of Bellevue for the placement of goods,
food, wares, merchandise and signboards upon the sidewalks, the permit
issued by the Borough of Bellevue shall be immediately revoked, and
the person shall be ineligible for reapplication for such a permit.
Each day that such violation exists shall constitute a separate offense.
