[Adopted 11-14-2013 by Ord. No. 1005]
The Council of the Borough of Charleroi does hereby direct that any person and/or entity that displays goods on sidewalks within the Borough shall do so in accordance with this article. Failure to do so in accordance with this article shall subject the person and/or entity that violated this article to the fines and penalties set forth in § 300-31. The provisions of this article shall not apply to the sale, storage or display of nonperishable items, including newspapers or periodicals, in a unit that is fully enclosed and does not encompass a space greater than 36 inches in width, 36 inches in length and 48 inches in height.
A person and/or entity intending to display goods on sidewalks
within the C-3 Community Business Zoning District shall:
A.
First obtain a permit, to be issued by the Borough Manager in accordance with the rules and procedures as set forth in § 300-30;
B.
Place
the display against the front exterior wall of the building;
C.
Not extend
the display more than 32 inches from the building façade (provided
that the sidewalk in front of the display shall remain unobstructed
for a continuous width of at least 42 inches from curb to display);
D.
Not place
a display or displayed items which, as displayed, exceed five feet
in height;
E.
Not place
a display or displayed items which, as displayed, exceed eight feet
in length;
F.
Not obstruct
or block entrances to any existing building in the C-3 Business District;
G.
Set the
display a minimum of three feet from the corner of any building which
is located on the corner of an intersection of any streets, alleys
and/or avenues within the Borough and in a location that provides
adequate visibility for intersecting pedestrian and motor vehicle
traffic;
H.
Only place
the display and/or displayed items, including a sign for the display,
between the hours of 7:00 a.m. and 8:00 p.m., daily, and only at times
when the permit holder is open for business, and has a person present
who is capable of monitoring and attending to the display;
I.
Remove
all displays and displayed items no later than 8:00 p.m. each day,
with the exception of self-standing floral arrangements, plant displays
or items manufactured and approved for permanent outdoor display;
[Amended 3-13-2014 by Ord. No. 1007]
J.
Remove
all displays and/or displayed items during periods of inclement weather,
such as high winds or heavy rains, during which the display may create
a safety hazard;
K.
Not include
appliances, automotive parts, electronics, lawn maintenance machines,
industrial supplies, industrial furniture, office furniture, trash
cans, couches, loveseats, recliners and any cloth furniture not designed
or originally sold for outdoor use and/or potentially hazardous merchandise
such as equipment and/or machines operated by gasoline or kerosene
(excepting establishments which display motor vehicles on private
lots which otherwise comply with the Borough ordinances);
M.
Not display
any item of breakable glass and similar goods that, if broken, will
shatter or create a hazard to pedestrians;
N.
Only display
merchandise offered for sale on the premises in front of which it
is displayed;
O.
Not display
items on or attached to balconies, overhangs or awnings about the
sidewalk;
P.
Maintain
displays and displayed items in a safe, neat and orderly appearance
at all times;
Q.
Not display
items in containers such as garbage bags, boxes, and/or garbage cans;
R.
Not include
with the display any sign that exceeds eight square feet and having
a height greater than four feet, and no more than one sign per business
is permitted;
[Amended 3-13-2014 by Ord. No. 1007]
S.
Not include
with the display any sign that obstructs regular pedestrian traffic
or parking on the street;
T.
Include
only clothing when displayed on hangers, flat wall-type display or
folded and placed on tables or similar display. Baskets, bags, or
bins of clothing are strictly prohibited;
U.
Not be
eligible for a permit for more than one display, regardless of the
size of property or the ownership of adjacent properties or parcels;
V.
Not, as
part of a display, include tables and chairs, utilized for seating
purposes, unless placed at properly licensed retail food establishments;
W.
Only be
permitted to have one display permit per tax parcel; and
X.
All displays
must meet requirements set forth by the Americans with Disabilities
Act.
Persons and/or entities (in this section referred to as "applicant")
conducting a business in the C-3 Community Business Zoning District
may apply for and be issued an annual permit to display goods on the
sidewalks in front of that business according to the following terms
and conditions:
A.
The applicant
shall submit the attached application, along with an annual permit
fee in an amount established from time to time by resolution of the
Borough Council, to the Borough Secretary.
B.
The permit
application shall be reviewed by the Borough Manager, who, upon review
and approval of the Code Enforcement Officer, may issue a permit when
the applicant demonstrates:
(1)
That
the planned display will comply with the requirements of this article;
(2)
That
he/she is not currently subject to a citation for violation of this
article or subject to a revocation of permit under this article;
(3)
That
he/she is not seeking approval of a display that would be injurious
to the health, safety and/or welfare of the community; and
(4)
That
no other current permit has been issued for the display's intended
location, as identified by a tax parcel identification number designated
by the Washington County Tax Assessment Office.
C.
If the
Borough Manager denies the issuance of a permit, the applicant may
appeal the denial to the Borough Council in writing. Such appeal shall
be filed no later than 30 days from the date of denial of the permit
and shall be filed with the Borough Secretary on a form approved by
Council. The Borough Secretary shall place the receipt of the appeal
on the agenda of Council's next regularly scheduled voting meeting,
and Council shall schedule a hearing on the appeal to occur within
60 days of the filing of the appeal, unless good cause exists to schedule
the hearing at a later date. Council's hearing of the appeal shall
be public and shall be conducted in accordance with the Local Agency
Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and
2 Pa.C.S.A. § 751 et seq.
D.
Any permit
issued pursuant to this section, regardless of when it is issued during
any calendar year, shall expire on December 31 of the calendar year
in which it is issued.
E.
The Code
Enforcement Officer is authorized to revoke and/or suspend any display
permits if the display is not in compliance with this article. Such
suspension and/or revocation shall be effective immediately upon of
the posting of a "remove display" notice upon the premises where the
noncompliant display is located. The permit holder shall have the
right to appeal the suspension or revocation to Borough Council. Such
appeal shall be filed no later than 30 days from the date of the suspension
or revocation of the permit and shall be filed with the Borough Secretary
on a form approved by Council. The Borough Secretary shall place the
receipt of the appeal on the agenda of Council's next regularly scheduled
voting meeting, and Council shall schedule a hearing on the appeal
to occur within 60 days of the filing of the appeal, unless good cause
exists to schedule the hearing at a later date. Council's hearing
of the appeal shall be public and shall be conducted in accordance
with the Local Agency Law.
F.
A person and/or entity may request a waiver from this article in the C-3 Zone for the purposes of a yard sale, garage sale, sidewalk sale or other special event. Such a waiver may be granted by the Borough Manager for a forty-eight-hour period up to two times per year, per applicant, per property, as identified by its tax parcel identification number. The applicant for a waiver shall file such request in writing on a form approved by Council and shall file the request with the Borough Secretary. Such request for waiver shall be filed with the Secretary and presented to the Borough Manager no less than 30 days prior to the requested dates of intended display. The Borough Manager may issue a waiver so long as the intended display does not pose a threat to the health, safety and welfare of the community and substantially complies with the requirements of § 300-29. To the extent the intended display does not comply with § 300-29, the waiver application shall identify the noncompliant nature of the display and set forth the applicant's plan to prevent the noncompliance from adversely impacting the health, safety and welfare of the community and the creation of a nuisance.
A.
Any person
and/or entity violating any provision of this article shall be guilty
of a summary offense, subject to summary prosecution, and shall be
fined not less than $50 nor more than $1,000 per occurrence and shall
be subject to imprisonment of not more than 30 days, or both. Each
day a person and/or entity violates this article shall be considered
a separate occurrence and shall subject the violator to further fines
and/or penalties.
B.
Prior
to issuing a citation for violation of this article, the Code Enforcement
Officer and/or any other person authorized by Council shall notify
the violator of the violation and afford the violator 48 hours to
bring the display into compliance. Such notice shall be complete upon
posting a notice of violation in a prominent place on the premises
where the noncompliant display is located or by contacting by telephone
the permit holder or, in the event posting or telephoning is not practicable,
sending via the United States Mail, first-class, postage prepaid,
a notice of violation to the permit holder. This notice of violation
shall not be construed as a precondition to the Code Enforcement Officer's
issuance of a "remove display" notice.
The provisions of this article shall become effective on December
15, 2013.
