City of Englewood, NJ Temporary Obstructions

Any and every public ground, public square, public park, public street, public sidewalk and public thoroughfare of any kind, public right-of-way and every other place within the City of Englewood which is within the jurisdiction and control of the City of Englewood.

§ 380-53 Permit required.

Except as otherwise permitted or required by ordinance or other law no person shall encumber or obstruct or cause to permit to be encumbered or obstructed any public place through the parking or placement of an obstruction or encumbrance without having first obtained a permit therefor.

§ 380-54 Issuance of permit.

Applications for permits for the temporary encumbrance of a public place through the parking or placement of an encumbrance or obstruction shall be submitted to theCity Clerk's office which shall forward same to the chief law enforcment officerof the City of Englewood, or his designee, for investigation and approval.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

In addition to the information required pursuant to § 262-3 of the Code of the City of Englewood, an application for a permit shall contain the following information:

(1)

A description of the encumbrance or obstruction to be parked or placed on the public place.

(2)

The estimated duration during which such obstruction or encumbrance shall be placed on the public place.

(3)

A diagram drawn to scale showing the proposed location of the encumbrance or obstruction in relationship to surrounding curbs, streets, sidewalks, fire hydrants, driveways, traffic control signs, signals and devices, bus stops, parking spaces, loading zones, taxi stands, property lines, buildings and such other features as may be required by the chief law enforcment officer within a radius of 200 feet from such encumbrance or obstruction.

(4)

A detailed description of the use to be made of the encumbrance or obstruction within the public place.

(5)

A statement of the reasons why such encumbrance or obstruction cannot be placed or parked on property adjoining the public place.

(6)

The name, address and phone number of the property owner or other person requesting the encumbrance or obstruction upon the public place.

(7)

The name, address and phone number of the owner of other person exercising control of the encumbrance or obstruction and who shall be responsible for the removal of said encumbrance or obstruction.

The application for a permit shall be submitted to the City Clerk's office with a nonrefundable application fee of $20 made payable to the City of Englewood. In addition to the nonrefundable application fee, there shall be an additional fee paid to the City of Englewood in the sum of $10 per day per metered parking space for each metered parking space which is obstructed by the temporary obstruction or encumbrance is requested in connection with the performance of any work requiring a permit from the City of Englewood, approval of such work and/or the issuance of a certificate of occupancy therefor shall be subject to the payment of the foregoing fees.

[Amended 5-17-1995 by Ord. No. 95-12[2]]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Permits issued hereunder shall not be valid for a period in excess of seven consecutive days. An additional application fee must be submitted and additional permit obtained for each additional seven-day period or part thereof.

[Amended 5-17-1995 by Ord. No. 95-12]

Before approving a permit, the chief law enforcment officerof the City of Englewood, or his designee, shall determine whether said permit can be issued in accordance with the rules and regulations set forth herein and whether such permit can be issued without undue interference with the public's use of the public place and without endangering the public's health, safety or welfare.

Except as modified herein, the issuance, denial or revocation of the permit shall be in accordance with the provisions of Chapter 262, Licensing Regulations, of the Code of the City of Englewood.

§ 380-55 Rules and regulations.

Any encumbrance or obstruction for which a permit is issued shall comply with the following rules and regulations:

The encumbrance or obstruction shall clearly contain thereon the name, address and telephone number of the owner or other person exercising control of the encumbrance or obstruction and who is responsible for removing said encumbrance or obstruction.

The encumbrance or obstruction shall be reflectorized either with paint, tape or other suitable material so as to render such encumbrance or obstruction clearly visible at night to both pedestrians and traffic. In addition to the foregoing, the chief law enforcement officer, or his designee, may require warning lights or other warning devices necessary to ensure the public's health, safety and welfare.

No permit shall be issued unless or until both the owner of the obstruction or encumbrance and the owner of the adjoining property for which the permit has been requested furnishes to the City a fully executed indemnification agreement holding the City harmless from any and all claims or liability resulting from the issuance of the permit.

No permit shall be issued without the consent of the owner of any property immediately adjoining the proposed location of the encumbrance or obstruction.

The encumbrance or obstruction shall have affixed thereto a decal or sticker provided by the City in such location as to be readily visible from the public street or at such location as shall be designated in the permit. Upon expiration of the permit, the decal or sticker shall be removed.

§ 380-56 Removal.

The owner or other person having control of an encumbrance or obstruction for which a permit has been issued shall remove said encumbrance or obstruction from the public place prior to the expiration of the permit unless an additional permit is obtained prior to the expiration thereof.

In the event the encumbrance or obstruction is not removed from the public place prior to the expiration of the permit, or in the event no permit has been issued, the City shall have the right to remove the obstruction or encumbrance from the public place.

Both the owner of the obstruction or encumbrance and the person requesting the obstruction or encumbrance in the public place shall be responsible for the cost of said removal.

In addition to such other remedies as may be provided by law, the cost of removal, storage and any other cost incurred by the City in connection with the removal of said obstruction or encumbrance shall constitute a lien upon the real property owned by the applicant for which the permit was requested.

§ 380-57 Violations and penalties.

Any person violating any provision of this article shall be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not in excess of 90 days, or both. A separate offense shall be committed on each day during or on which a violation occurs or continues.