[Adopted 5-2-1960 by Ord. No. 424, approved 5-2-1960]
A. 
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any natural person, partnership, association, firm or corporation.
B. 
The singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall in any manner obstruct any sidewalk or public passageway in the Borough of Darby so as to endanger any person or property or to hinder or delay public travel thereon; provided, however, that nothing herein contained shall prohibit any person from making use of any sidewalk in strict conformity to the manner provided in §§ 125-26 and 125-27 hereof, or the setting out of garbage or trash, etc., for collection by the Borough collector on the day or days when such garbage or trash is collected by said collector.
Any person engaged in delivering goods, wares or merchandise to any property abutting upon any sidewalk, or in removing any personal property of any nature or character whatever from such property, may temporarily, for a total period of not more than one hour, place any such goods, wares, merchandise or other personal property upon such sidewalk, as close as possible to the curb, to facilitate the loading or unloading of the same. The occupant of such property or the owner thereof where such property is not occupied shall be responsible for adhering to the requirements of this section, and any failure to conform to such requirements shall constitute a violation of this article.
A. 
Under certain circumstances where, in the opinion of the Sidewalk Committee of the Borough Council, there shall be no other practicable means for the storage thereof, a permit may be granted by such Committee for the storage of building materials upon a limited portion of the sidewalk abutting upon the property where such materials are to be used. Such permit shall be issued for a fee of $25 payable to the Borough Secretary, for the use of the Borough, by the owner or occupant of such property by the authority of whom such materials are to be used.
[Amended 3-5-1975 by Ord. No. 557, approved 3-5-1975]
B. 
Such permit shall be issued upon the following conditions, which shall be strictly adhered to by the holder thereof:
(1) 
Such permit shall be valid for a limited time, not in excess of 30 days, which shall be determined by the Sidewalk Committee on the basis of the scope of the work being undertaken and the inconvenience to the public involved, and shall be stated upon such permit.
(2) 
Such building material shall occupy no more than 1/2 the width of the sidewalk.
(3) 
Such building material shall be placed so as not to interfere with drainage of the sidewalk or with access to any fire hydrant.
(4) 
Such building material shall be arranged in a regular, neat, compact form so as to occupy a minimum of space and to present the least risk of falling.
(5) 
The holder of such permit shall place lights and guards in the vicinity of or around such material so as to prevent injury to persons and property.
(6) 
The holder of such permit shall file with the Borough Secretary a bond, in the sum as shall be determined by the Sidewalk Committee, to indemnify the Borough against all damages, losses, costs or expenses that are or may be occasioned by reason of the placing or storage or such materials upon such sidewalk.
(7) 
All such material shall be removed from the sidewalk and the sidewalk shall be restored to the condition in which it was immediately prior to such storage on or before the date of expiration of such permit. If the holder of such permit shall fail to comply with the provisions of this condition, such material may be removed by order of the Sidewalk Committee and shall be placed upon the property where such material is to be used, outside the limits of the sidewalk; in such case the expense of such removal and any additional charge authorized by law shall be collected by the Borough from the holder of such permit, provided nothing herein contained shall be construed to interfere with the grading of sidewalks or streets or the placing of material for such purpose under the direction of the Borough official in charge thereof.
Every person erecting or repairing any building shall keep the sidewalk adjacent thereto clear and open, except as may be authorized under a permit provided for in § 125-27 of this article. Whenever necessary for the protection of the users of such sidewalk during the course of such building construction or repairing, such person shall erect a suitable shed or other protective covering over such sidewalk.
No person shall hereafter erect or place any step, platform, passageway, enclosure, bulk, bay or jut window, porch or jamb or any similar obstruction in or upon any sidewalk, provided nothing contained herein shall prohibit the construction or erection of awnings under the conditions set forth hereinafter, or the planting of trees between the curb and the paved portion of the sidewalk where such plantings are specifically authorized by ordinance, or the erection of steps extending not more than three feet from the property or building line of such street, leading up to the first floor of any building, or the construction of cellarways as provided in § 125-30 of this article.
No opening, railing or passageway into any cellar shall be permitted to extend more than three feet from the building line into any sidewalk in the Borough. Every cellarway opening onto any sidewalk shall be securely covered and protected with iron doors, which shall be constructed so as to close flush with the sidewalk. All such cellar doors shall at all times be kept in good repair and shall be closed at all times except when in actual use for the removal or receipt of goods, wares or merchandise, and when opened every cellar door shall be properly guarded for the protection of persons using such sidewalk.
No person shall install, erect or maintain any awning any portion of which shall overhang any sidewalk in the Borough, unless the lowest point of such awning shall be not less than seven feet above the level of such sidewalk.
Any construction or installation hereafter made or maintained in violation of any of the provisions of §§ 125-29, 125-30 and 125-31 of this article shall constitute an unlawful obstruction to the convenient use of the sidewalk. Within 10 days after notice to that effect from the Borough Council, the owner of any property abutting such sidewalk shall remove such obstruction either by removal of the construction or installation constituting such obstruction or by making such alterations as may be necessary to conform strictly to the applicable requirements of §§ 125-29, 125-30 and 125-31 of this article. In case the owner of such property shall neglect, refuse or fail to remove such obstruction within such time limit, the Borough Council may cause the same to be done at the expense of the Borough, and the Borough shall collect such expense and any additional penalty authorized by law from the owner of such property.
[Amended 3-5-1975 by Ord. No. 557, approved 3-5-1975]
Any person who shall violate any provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.