Any tenant, owner or occupant of premises in the business district of the Borough is hereby authorized to utilize not more than three feet of the public sidewalk adjoining his premises for the orderly advertising and display of goods, wares, merchandise, services and facilities available in or from such place of business. The portion of sidewalk so utilized shall be closest to the store front and not wider than the width of such store, office or shop.
Any owner, occupant or tenant who makes use of such portion of the public sidewalk pursuant to this authorization shall thereby be held to agree to the following rules and regulations, upon which the privilege is conditioned:
(a) The privilege is revocable, in whole or part, by motion of Council, at any time, and without prior notice or obligation to furnish reasons for such revocation.
(b) The Borough does not surrender its jurisdiction over the public sidewalks, as the same exists by law and as set forth more particularly in other sections in this chapter, but is granting a special exception thereto authorized by Section 1020.02.
(c) Council may adopt further rules and regulations, from time to time. Publication thereof in a newspaper circulating in the Borough shall immediately bind all parties subject to the terms of this section.
(d) No permanent sign, stand, equipment or enclosure shall be erected upon or suspended over any portion of a public sidewalk. All equipment and displays shall be taken indoors each afternoon or night upon the closing of the business or establishment involved and the sidewalk shall be left clean and. in a proper state of repair at all times. In addition, the owner, tenant or occupant shall comply with all orders of the Chief of Police and the State Fire Marshal.
(e) It is a further condition of the authorization and exception provided in this section that each person availing himself thereof agrees to carry suitable liability insurance to protect him as well as the Borough against all claims of personal injury or property damage arising out of such utilization of the sidewalk for the purposes described herein.
(Res. Unno. Passed 5-13-74.)