[Adopted 7-8-1976 as Section 10-6 of the Revised General
Ordinances of 1975]
No person shall permit any building, structure,
erection or part thereof to encroach upon or extend over, under or
into any public street or public place, except as in this section
is permitted and authorized. Eaves and cornices may project over the
street line not over one foot. The right to build or permit such eaves
or cornices to extend over the street line shall be only by a license,
which shall be revocable at any time by the Mayor and Council, or
by any alteration or repeal of this section.
The owner of every building, structure or erection
which, either in whole or in part, encroaches upon or extends over,
under or into any public street or place shall cause such encroachment
to be removed within 10 days after receiving written notice from the
Superintendent of the Department of Public Works to do so. Every day
which the owner shall fail, refuse or neglect to comply with said
order, after the expiration of the period of 10 days, shall constitute
a separate and distinct violation of this section.
A.
No person shall obstruct or permit the obstruction
of any street or public place by the storage or placing of any building
material or other material or merchandise thereon or permit the same
to remain longer than is necessary to convey the same on or into private
property, unless a permit therefor shall be obtained from the Superintendent
of the Department of Public Works. No permit shall be granted which
permits the use or obstruction of more than 1/3 of the width of the
roadway of such street or public place at any point, and, in the case
of Broad Avenue, Edsall Boulevard, Palisades Boulevard, Central Boulevard,
Brinkerhoff Avenue, Glen Avenue and Homestead Avenue, such use or
obstruction shall be limited to within nine feet from the curb.
B.
The application for such permit shall state the kind
and character of material to be stored or placed in such public street
or place, the exact location where the same is to be stored or placed
and the maximum length of time that such obstruction shall continue.
C.
The Superintendent of the Department of Public Works
may impose conditions in any permit issued under this section with
respect to keeping the sidewalk open for travel and gutters free and
any other conditions which he shall deem proper in the interest of
public safety and convenience.
D.
The fee for such permit shall be $2 for each 50 feet,
to be good only for three months.
E.
The permit shall be kept posted in a conspicuous place
on or near the material and shall be kept there so as to be readily
accessible to inspection.
F.
At twilight each day, one or more red lights shall
be placed on building material or other material or merchandise stored
or placed on any public street or place and kept burning until daylight
each morning until such material or merchandise shall have been removed.
No cellarway or hoistway shall be constructed in any public street without a permit therefor issued by the Superintendent of the Department of Public Works. The fee for such permit shall be $2 per square foot, similar to § 258-22. No permit shall be granted for any such cellarway or hoistway which extends into the street more than five feet from the property line. All such cellarways or hoistways shall be covered with iron doors flush with the sidewalk and, when opened, shall at times be protected by either guardrails or chains. No such cellarway or hoistway shall remain open so that the sidewalk or street is obstructed for a period longer than is necessary for the reasonable use thereof.
[Amended 8-15-1995 by Ord. No. 1226]
No person shall move any building or structure across, along or through any street or public place without obtaining a permit therefor from the Superintendent of the Department of Public Works. The fee for such permit shall be as provided in Chapter 116, Construction Codes, Uniform. In lieu of any such fee, the Mayor and Council may require a bond to be filed in the sum of $5,000, conditioned for the proper removal of any such building, the restoration of any injury that may occur to street or sidewalk trees or the payment of any damages whatsoever that may accrue by reason of the removal of such building. Such permit may contain conditions relating to the manner of removal and the length of time that any street or public place may be obstructed, either in whole or in part, and any other regulations for the protection of the street or public place and the public safety or convenience. The permit shall be void unless, within 15 days from the issuance of such permit, actual work or definite action shall have been undertaken in the Borough in preparation of or carrying out the object for which such permit was issued.
[Amended 6-19-2001 by Ord. No. 1381]
No person shall organize or conduct or assist
in the organization or conduct of any parade upon any of the public
streets or public places without obtaining a permit therefor from
the Chief of Police. No person shall hold any meetings or permit people
to congregate on any street, sidewalk or public place without obtaining
a permit therefor from the Chief of Police. The Chief of Police shall
not issue any such permit until authorized by the Mayor after consultation
with the President of the Council and the Chief of Police.[1]
[1]
Editor's Note: Former Sections 10-6.7 and
10-6.8, which immediately followed this section and dealt with permits
for signs and showboards and distribution of advertisements, were
deleted 8-15-1995 by Ord. No. 1226.
No person shall place any sign or advertisement
or any other matter upon any pole, tree, curbstone or sidewalk or
elsewhere in or on any public street or place, except such as may
be authorized by this chapter or any other ordinance of the Mayor
and Council or by statutes of this state.
No person shall injure, deface, obliterate or
remove, take down or disturb or in any manner interfere with any signboard
erected by a public authority containing the name of any street or
public place or any bulletin board or sign or notice erected, posted
or placed by a public authority bearing the name of the Mayor and
Council or any officer or agent thereof or of any public authority
whatsoever.
No person shall deposit, drop, throw or permit
to be deposited, dropped or thrown any garbage, paper or other refuse
or waste or other material upon any public street or place, provided
that clean sand may be placed on ice which has formed on any sidewalk.
Sand or salt used for this purpose shall be cleaned from the street
as soon as the same shall have accomplished its purpose.
No person shall drop, deposit, throw or place
or permit or aid the dropping, depositing, throwing or placing of
glass, tacks, nails or other sharp substances, upon any public street
or place, likely to damage automobile tires or to cause any other
injury whatsoever.
No person shall remove, displace, break or change
any sign or lights or signals set up or placed in any street or public
place as a warning of danger or indicating an excavation or obstruction
or showing that any street or public place is closed to traffic, and
no person shall, between the hours of sunset and sunlight, extinguish
any light used for any of the purposes aforesaid.
No person shall open any manhole or remove the
cover thereof unless such opening shall be guarded by a guardrail
and shall be so marked by day and lighted by night as to be plainly
seen at a distance of 200 feet, which guardrail shall be maintained
so long as such manhole shall remain open and uncovered.
No person shall coast with sleds upon any street
in the Borough. The Superintendent of the Department of Public Works
may close any street or public place or section thereof to public
traffic for the purpose of repairing, constructing or reconstructing
the same. The Mayor and Council may, by resolution, designate certain
streets or portions thereof upon which coasting will be permitted
at certain times of the day and night and may direct that such streets
or portions thereof shall be closed to vehicular traffic during such
hours. When any street or public place or portion thereof is closed,
there shall be a sign at each end of the portion closed, plainly visible
to approaching traffic, reading substantially as follows: "Street
closed. Passing forbidden." No person shall drive or cause to be propelled
any vehicle over the street or portion thereof so closed and marked
as aforesaid. For the purpose of this section, a sleigh or sled used
for coasting shall not be construed to be a vehicle.
A.
No person shall place or erect any electric light,
telegraph or telephone pole or other pole in or upon any street or
public place, except pursuant to permission granted by the Mayor and
Council; provided, however, that this provision shall not affect any
public utility corporation to whom a franchise has been granted by
the Borough or who is operating under any state law granting a privilege
to use public streets without permission of the municipality.
B.
No electric light, telegraph, telephone or other pole
shall be erected or placed upon any street or public place unless
the same shall be straight and neat in appearance, and every such
pole shall be kept well painted. No wires shall be strung upon any
pole at a distance of less than 18 feet from the ground, except as
may be otherwise provided by law.
A.
Snow and ice. The owner of lands abutting or bordering
upon sidewalks and public streets, highways, avenues and public places
shall remove all snow and ice from the sidewalks within 12 hours after
the same shall be formed or fall thereon.
B.
Grass and weeds. The owner of lands abutting or bordering
upon the sidewalks and gutters of public places and streets shall
remove all grass, weeds and other impediments therefrom after three
days notice to remove the same. All grass and weeds shall be cut to
a height of less than four inches from the ground.
C.
Removal by Borough. In case the owner of lands abutting
or bordering upon sidewalks and gutters of public streets and public
places shall refuse or neglect to remove all snow and ice from the
sidewalks within 12 hours of daylight after the same shall be formed
or fall thereon or all grass and weeds and other impediments therefrom
after three days' notice, it shall be the duty of the Superintendent
of the Department of Public Works to cause such work to be done under
his direction, and he shall certify the cost therefor to the Mayor
and Council.
D.
Costs. The cost of such removal, as certified by the
Superintendent of the Department of Public Works, if found correct
by the Mayor and Council, shall forthwith become a lien upon the lands
abutting or bordering on any public sidewalk and gutter and shall
be added to and become and form a part of the taxes next to be assessed
and levied upon such lands and shall bear the same interest and be
collected in the same manner and under the same penalty as taxes.
E.
Collection of costs. The Mayor and Council shall,
upon receiving a certificate of cost as aforesaid from the Superintendent,
examine the same and, if found correct, shall adopt a resolution to
that effect, directing that a certified copy thereof be delivered
to the Collector of Taxes, who shall thereupon collect such charges
at the time of the collection of taxes next becoming due upon such
land and as a part thereof.
A.
No person shall place upon any street or public place
any building material, merchandise or other materials or obstruction
of any nature whatsoever until such street or public place shall have
been properly covered to protect such street or public place from
being injured or defaced wherever the same may be necessary.
B.
No person shall mix or cause to be mixed any mortar,
cement or other like substance on any street, public place or roadway
unless a mixing board or box for that purpose shall be used.
No person shall move or cause to be moved or
operated in, upon or along any public street or highway any steam,
gas or automatic shovel, derrick or other apparatus, equipment or
machinery weighing more than 10 tons without a permit being issued
for that purpose by the Superintendent of the Department of Public
Works, upon the condition that any damage done to any street, highway,
tree, sidewalk, curb or gutter or any other property be immediately
made good and paid for by the owner of such apparatus.
