[Adopted 10-23-1986 by Ord. No. 1361 (Ch. 13, Part 9, of the
1986 Code of Ordinances)]
It shall be unlawful for any vendor of groceries, fruits or
produce, or any kind of foodstuffs or merchandise, except peddlers
duly licensed or authorized and farmers who are selling their own
fruits or produce, to store, display, exhibit or sell his said wares
or to place any type of vending machine on public highways, including
the sidewalk or cartway or any portion thereof, or to make use of
the sidewalk or cartway or any portion thereof as a place for salesmen,
clerks or customers to stand while transacting business, or in anywise
to obstruct the sidewalk or cartway, or any portion thereof, and prevent
the free use of the same by the general public, except by special
permission of City Council.
It shall be unlawful to put or place any box, boxes, barrels,
merchandise, vending machine, or other articles that obstruct the
free use of any sidewalk upon any of the sidewalks except articles
temporarily placed thereon for the purpose of loading or unloading,
removing or storing away.
[Amended 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition, and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
