Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Evesham 5-15-2001 by Ord. No. 38-11-2000. Amendments noted where applicable.]

§ 120-1 Issuance of permit.

On application to the Township Manager, or his or her designee, the Township Manager, or his or her designee, may permit, at their discretion, an outdoor display and/or sale on sidewalks, adjacent to an applicant's commercial premises, subject to the conditions contained herein.

§ 120-2 Conditions for issuance of permits.

A permit for an outdoor display and sale shall only be given if the applicant satisfies all of the following criteria:
A. 
No food or foodstuffs shall be displayed or offered for sale except by a merchant whose normal business includes the sale of such items; said merchant must also maintain a valid permit for the food or foodstuffs displayed if the same are of the type which otherwise require a permit; said merchant shall also provide a trash receptacle of at least 25 gallons' capacity within five feet of his/her display area.
B. 
The outdoor display and sale shall be restricted to areas zoned for commercial business and shall otherwise be in accord with all zoning regulations pertaining thereto.
C. 
The outdoor display sale shall not block pedestrian or motor vehicle traffic. Specifically, it shall not impede the flow of pedestrian traffic, including the handicapped, and said display shall in no way threaten the safety of the public. This includes, but is not limited to, ensuring that motorists are not visually or physically obstructed in an unsafe manner.
D. 
All participating displayers or sellers shall own or lease permanent premises within 25 feet of the place where the outdoor display or sale be will conducted.
[Amended 3-15-2005 by Ord. No. 4-3-2005]
E. 
The applicant shall demonstrate that the outdoor display and sale serves the public purpose of furthering the commercial and mercantile growth and stability and/or aesthetics of the Township at large.
F. 
The permit shall not adversely affect the public welfare.

§ 120-3 Duration of permit.

Any permit issued hereunder shall be issued for a period of 30 consecutive clays, with dates and time of display and sale subject to the approval of the Township Manager.

§ 120-4 Permit fee.

The applicant shall pay a fee of $100 for the initial thirty-day permit and $25 for each additional permit thereafter within a twelve-month period.

§ 120-5 Application information.

The applicant shall include with its application its name, location to be used for sale and display and a list of the goods to be displayed and offered for sale.

§ 120-6 Waiver.

[Amended 6-19-2007 by Ord. No. 12-6-2007]
Permits for outdoor displays and sales are waived for:
A. 
Township-endorsed festivals, including, but not limited to, the Independence Day Celebration, the Fall Festival and Winter Fest.
B. 
Carnivals, festivals, circuses and similar events conducted or endorsed as a fundraiser for a nonprofit entity, school or religious entity.
C. 
Businesses that inherently display their goods and merchandise outdoors for which planning and zoning approvals for said outdoor display have been specifically obtained.
D. 
Farms and farm stands accessory to a farm.
E. 
Displays not exceeding an aggregate of 16 square feet of the business operation’s leasehold sidewalk area; provided the conditions listed in § 120-2 above are met.

§ 120-7 Enforcement.

This chapter shall be enforced by the Construction Code Official or his designee.

§ 120-8 Repealer; severability; when effective.

A. 
Repealer. In the event that any clause, section or paragraph of this chapter is deemed to be invalid for any reason, then it is hereby declared to be the intent of the governing body that the balance of the chapter shall remain in full force and effect, the governing body hereby declaring that it would have adopted the remainder of the chapter even without the offending provision.
B. 
Severability. Any and all ordinances inconsistent with the provisions of this chapter be and the same are hereby repealed to the extent of any such inconsistencies.
C. 
When effective. This chapter shall become effective upon proper passage in accordance with the law.