[Adopted 10-1-1898 by Ord. No. 28; amended 6-14-1976 by Ord. No. 15-76]
A.
No person shall narrow, encroach upon, stop or obstruct
in any manner any street or streets, sidewalk, public alley or other
public place within the Borough, except while necessarily engaged
in the loading and unloading of merchandise, without permission of
the Council first had and obtained, which permission shall be for
not longer than is actually necessary and upon such reasonable regulations
and restrictions as the Council by resolution may impose. Should the
Street Committee of the Council consider any obstruction allowed by
the Council or the provisions of this article to be continued longer
than necessary or in violation of the imposed restrictions and regulations,
notice thereof shall be given to the person or persons offending,
requiring the removal of such obstructions within a time to be named
in such notice. Such privilege shall cease at the expiration of the
time period named in said notice unless further time is allowed by
the Council, and the offender shall become liable to the penalties
herein prescribed. If any person shall fail or refuse to remove any
obstruction after notice so to do, then the Borough may cause the
removal of the same at the expense of the party so offending.
B.
Among those acts which shall constitute a violation
of this section of the Code are:
[Added 4-10-1978 by Ord. No. 9-78]
(1)
The parking of any motor vehicle in such a manner
as to impede vehicular or pedestrian traffic.
(2)
The placing of garbage, refuse, junk, building materials
or other materials so as to impede motor vehicle or pedestrian traffic.
(3)
The plowing or placement of snow in such a manner
as to impede motor vehicle or pedestrian traffic.
(4)
Any other act constituting an obstruction as specifically
set forth in this chapter of the Code.
(5)
Any other act constituting a narrowing, encroaching
upon, stopping or obstruction of traffic, vehicular or pedestrian,
in any manner upon any street, sidewalk, public alley or public place
within the Borough.
C.
Also prohibited by this section is the obscuring,
blocking access to or covering of any fire hydrant in any manner whatsoever.
[Added 4-10-1978 by Ord. No. 9-78]
Any article or thing which may be removed in accordance with the provisions of § 166-1 shall be advertised and sold at the end of 30 days after such removal, unless the same shall be sooner reclaimed and the penalty and costs paid by the owner thereof. The proceeds of the sale shall be paid into the Borough treasury; the Treasurer shall be furnished with a statement of the article or thing sold and the amount for which the same was sold; and the balance, if any, after deducting the penalties and costs, shall be paid to any person or persons furnishing satisfactory proof of ownership.[1]
[1]
Editor's Note: Original Section 3, as amended 11-11-1912 by Ord. No. 152, which immediately followed this section and pertained to the moving of buildings, was deleted and repealed at time of adoption of Code, 6-14-1976 by Ord. No. 15-76; see Ch. 1, General Provisions, Art. I. Current provisions on the moving of buildings may be found in Ch. 79, Buildings, Moving of.
The owner of any building, fence or other encroachment
or obstruction now standing in any street, highway, public lane, alley
or other public ground within the Borough of Madison shall remove
the same within 30 days from and after the time when he shall be required
to do so by a notice in writing issued by the Borough pursuant to
a resolution of Council, and if such owner shall neglect or refuse
to comply with the provisions of such notice, it shall be lawful for
the Borough to cause such encroachment or obstruction to be removed
or taken down.[1]
The owner or occupant of any dwelling house,
store or other building is hereby authorized and permitted to construct
from his respective building thereon, wrought iron brackets or frames
for the support of awnings. Said brackets or frames shall be firmly
secured to the building, shall be not less than eight feet in height
above the sidewalk and shall not project over the sidewalk beyond
the curbstone, nor more than 10 feet in any case whatever. The material
used shall hang loosely down from the awning over the sidewalk.
No person shall ride, lead or drive any horse,
mule, cattle, sheep, goat or other beast through any park or over
or along any of the sidewalks of the Borough, except in crossing the
same to go into a yard or lot.
No person shall place or stop his or her horse,
cart or other vehicle upon or across any crosswalk or in any other
manner obstruct such crosswalks.[1]
[1]
Editor's Note: Original Section 9, which immediately followed this section and pertained to the deposit of dirt, waste materials and wastewaters on streets and sidewalks, was deleted and repealed at time of adoption of Code; see Ch. 1, General Provisions, Art. I. For current provisions on this subject, see Ch. 120, Littering; Handbills; Brush and Trash.
Whenever any tree in or along the street shall
become dangerous by decay or otherwise, it shall be deemed and it
is hereby declared to be a nuisance, and the owner or owners of lands
in front of which such trees may stand shall remove such tree or such
part thereof as may be decayed. In case such owners or owner shall
neglect or refuse for the space of five days after the service of
notice from the Borough to comply with the requirements thereof, the
Borough may remove the same at the expense of the owner or owners.
Whenever the branches of the trees along any
street shall hang so low that they obstruct the streetlights or the
free use of the sidewalks or roadway, the owner or owners of the land
in front of which such trees may stand shall so trim the trees as
to remove such obstruction. In case such owner or owners shall neglect
or refuse for the space of five days after the service of notice from
the Borough to comply with the requirements hereof, the Borough may
remove the same at the expense of the owner or owners.
Any person violating the provisions of this
article shall, upon conviction, be punishable by a fine of not more
than $200 or imprisonment for not more than 90 days, or both. Such
penalty shall be in addition to any costs or expenses which may otherwise
be chargeable under the provisions of this article.
