Chapter 13.04
STREET AND SIDEWALK OBSTRUCTIONS

Sections:

13.04.010    Snow and refuse.

13.04.020    Merchandise.

13.04.030    Obstruction of traffic prohibited.

13.04.040    Destruction of or interferences with streets and appurtenances.

13.04.050    Trimming of trees and shrubbery.

13.04.060    Complaints of violations.

13.04.070    Notification to abate – Removal by borough.

13.04.080    Penalty for violations.

13.04.010 Snow and refuse.

A. Every person having the care and control, either as owner or occupant, shall be required to keep the sidewalks fronting on the respective properties cleared of snow, obstructions, or other accumulations and refuse of any kind whatsoever.

B. It is unlawful for any person, firm, or corporation to deposit, throw, or sweep into or upon a street, alley, parkway, or sidewalk of the borough any paper, rubbish, grass, weeds, tree trimmings, dirt, trash, boxes, crates, or other refuse of any kind. [Ord. 240 § 5, 1969; prior code § 57.30.010.]

13.04.020 Merchandise.

It is unlawful for any person, firm, or corporation to place upon or permit to be placed upon the sidewalks, parkways, streets, and alleys of the borough goods, wares, articles of merchandise, or any other obstruction, and leave same thereon; or to use same as a place to carry on a business or trade, except as provided in Chapter 6.10 WMC. [Ord. 474 § 5, 1985; Ord. 240 § 5, 1969; prior code § 57.30.020.]

13.04.030 Obstruction of traffic prohibited.

It is unlawful for any person, firm, or corporation to use or obstruct a sidewalk of the borough in any manner so as to interfere unduly with pedestrian traffic thereon, or to use or obstruct a street or alley of the borough in any manner so as to interfere unduly with lawful traffic and parking thereon. [Ord. 240 § 5, 1969; prior code § 57.30.030.]

13.04.040 Destruction of or interferences with streets and appurtenances.

If any person tears up, injures, or destroys any sidewalk, crosswalk, bridge, drain, or sewer; or hinders or obstructs the making or repairing of the same or any public work being done by the borough; or obstructs any street, highway, avenue, sidewalk, crosswalk or other public passageway of the borough; or without the written permission of the borough manager digs, removes, or carries away or causes or procures the same to be done, any wood, stone, earth, sand, or gravel from any street or alley or other improved public lands of the borough; or cause any of the aforedescribed substances to be buried in a public right-of-way, he shall be deemed guilty of a misdemeanor. [Ord. 240 § 5, 1969; prior code § 57.30.040.]

13.04.050 Trimming of trees and shrubbery.

The owner of all premises abutting on any street of this borough shall trim all trees and shrubbery growing in the parkways, between the sidewalks and the roadway, of any such street, and all trees and shrubbery growing on any part of the premises adjacent to the sidewalks or any street or alley, in such manner that the boughs or limbs thereof shall not obstruct free and convenient passage and travel along the streets, sidewalks, and alleys. When such premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as required of the owner under this section. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than 10 feet above the roadway of a street or alley, nor lower than eight feet above the sidewalk. [Ord. 240 § 5, 1969; prior code § 57.30.050.]

13.04.060 Complaints of violations.

Complaints for the violation of any provisions of this chapter may be made to any police officer of the borough. [Ord. 833 § 33, 2009; Ord. 240 § 5, 1969; prior code § 57.30.060.]

13.04.070 Notification to abate – Removal by borough.

The police officer shall notify the property owner or tenant holding or occupying such property, giving them a reasonable time in which to remove such accumulation of snow, obstructions or other refuse and, upon their failing to comply with such notice within the time specified therein, it shall be lawful for the borough to cause such snow, obstructions or refuse to be removed, and the costs for such removal of snow, obstructions or refuse shall be a direct lien against the property of such person. [Ord. 833 § 34, 2009; Ord. 240 § 5, 1969; prior code § 57.30.070.]

13.04.080 Penalty for violations.

Any person having the care and control, either as owner or occupant, who fails to comply with such notice within the time specified therein or refuses to pay for the removal of such snow, obstructions or other refuse shall, for the first violation, be fined/penalized in an amount not more than $20.00; the second violation, not more than $30.00; the third violation, not more than $40.00; for each succeeding violation, not more than $50.00. [Ord. 833 § 61, 2009; Ord. 240 § 5, 1969; prior code § 57.30.080.]