[Adopted 8-21-1969 by Ord. No. 590]
In this Article, the word "person" shall mean and include any natural person, partnership, association, firm or corporation. The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Amended 6-17-2002 by Ord. No. 868]
A. 
It shall be unlawful for any person to place, store or display upon any sidewalk in the Borough of Mount Oliver any goods, wares, merchandise, material or articles or equipment of any nature except that:
(1) 
Goods, wares and merchandise in the process of being loaded or unloaded may be placed upon a sidewalk for only such time as reasonably necessary for the loading or unloading thereof; and
(2) 
Building material may be stored upon the sidewalk directly abutting a property upon which building construction, alteration or repair shall have been authorized by the granting of a building permit, upon special permission of the Building Official, in cases where it shall not be possible or practicable to store such material upon the lot where such work is being done; but such storage shall conform strictly to the conditions prescribed by the Building Official in the permit therefor, which may include but need not be limited to the length of time such storage shall be permitted; the portion of the sidewalk that may be occupied by such stored material; and safety and warning procedures that shall be adhered to by the holder of the permit.
B. 
No person or group of persons shall loiter or obstruct traffic by standing, sitting or lying on any public street, way, alley, steps, curb or sidewalk in such a manner as to obstruct vehicular or pedestrian traffic along such public street, way, alley, steps, curb or sidewalk, or ingress, or egress to and from any private or public place of residence, commerce, amusements, or worship or Borough park, or loiter in any other manner. The placement of chairs, stools, benches, or other seating devices on a sidewalk shall be deemed a per se violation of this section.
C. 
For purposes of this article, the term "sidewalk" shall have the following meanings:
(1) 
In the Commercial and Historic Zoning Districts, the area between the curb and a straight line along the facade of each building;
(2) 
In all other Zoning Districts, the area between the curb and the edge of the pavement or right-of-way in front of each property.
It shall be unlawful for any person to construct or place any steps, stairways, areaways or cellar doors that shall encroach upon or into any sidewalk, but existing cellarways may continue to be maintained and used, provided that the openings into the same shall be kept closed at all times, except when in immediate use, by doors or gratings level with the surface of the sidewalk.[1]
[1]
Editor's Note: Original §§ 84 and 85, regarding awnings, which immediately followed this section, were deleted 3-20-1995 by Ord. No. 798. See now Ch. 260, Zoning.
Any person placing, installing, erecting or maintaining any obstruction or encroachment, contrary to any provision of this Article, shall, within 10 days after notice thereof by the Borough Council, remove the same or make changes necessary to bring the same into conformity with the applicable provisions of this article, in default of which the Council shall have the authority to remove the same or to cause the same to be removed, and to collect the cost of such removal with an additional amount of 10% from the person to whom such notice shall have been given.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced, for each and every such violation, to pay a fine of not more than $1,000 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Each day's continuance of a violation, after notice thereof, shall constitute a separate violation.
[1]
Editor's Note: Amended 3-20-1995 by Ord. No. 798.