[Adopted 3-19-1975 as Ch. 123, Art. X, of the 1975 Code]
As used in this article, the following terms
shall have the meanings indicated:
An owner, co-owner, occupant, tenant or subtenant of any
lot or structure.
That portion of a street, thoroughfare, road or highway which
has been set apart for pedestrian travel.
It shall be unlawful for.any person to erect,
install or maintain, or permit to be erected, installed or maintained,
any seat or bench in the sidewalk contiguous to any lot or structure
which he owns, occupies or leases without obtaining a permit therefor.
[Amended 8-20-1980 by Ord. No. 1498; 10-25-2000 by Ord. No.
1808]
Permits shall be issued by the Township Secretary
upon the payment of a fee as set from time to time by resolution of
the Board of Commissioners for every such seat or bench, and the said
permits shall be for a period of one year beginning the first day
of October of each year.
[Amended 10-25-2000 by Ord. No. 1808]
No permit shall be issued by the Township Secretary
unless the applicant shall tender with his application a certificate
of insurance, naming the Township of Ridley as coinsured, for public
liability and property damage in the amounts as set from time to time
by resolution of the Board of Commissioners.
Each permit issued hereunder shall be subject
to the express condition that the permittee, for himself, his heirs,
legal representatives, successors and assigns, agrees to indemnify
and save harmless the Township of Ridley from all damage, claims,
costs and expenses which may be incurred by reason of the erection,
installation or maintenance of such seat or bench.
[Amended 8-20-1980 by Ord. No. 1498]
Any seat or bench erected, installed or maintained
without a permit having been first obtained therefor, or any seat
or bench that has not been removed within 30 days of receipt of a
removal notice, is hereby declared a nuisance, and the Superintendent
of Highways is hereby directed to abate such nuisance and to remove
such seat or bench. The Township of Ridley shall proceed to collect
the cost of such removal, together with a penalty of 10% of such cost,
in the manner provided by law for the collection of municipal claims
or by action of assumpsit without the filing of a claim.
[Added 8-20-1980 by Ord. No. 1498; amended 10-25-2000 by Ord. No.
1808]
No permit shall be issued by the Township Secretary
for more than one seat or bench per street corner. Exceptions to this
limitation may be granted upon the showing of good cause by the applicant.[1]
[1]
Editor's Note: Former § 123-33.2,
Removal of existing benches; notice, as added 8-20-1980 by Ord. No.
1498, which immediately followed this section, was deleted 10-25-2000
by Ord. No. 1808.
[Added 10-25-2000 by Ord. No. 1808]
In addition to any other remedies provided herein,
any person, firm or corporation who violates any of the provisions
of this article shall, upon conviction before a District Justice,
be sentenced to pay a fine not exceeding $1,000, plus costs of prosecution,
and in default of payment of such fine and costs shall be imprisoned
for a period not to exceed 30 days. Each day such a violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
