City of Hoboken, NJ
Hudson County
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[Adopted 1-7-1959]
[1]:
Editor's Note: The provisions of this article are derived from Ch. 14 of the former Revised Ordinances of the City of Hoboken, New Jersey, adopted 1-7-1959 by Ord. No. 123.

§ 168-1 Obstruction of streets.

[Amended 9-16-1998 by Ord. No. R-332]
A. 
No person shall encumber or obstruct any street, public lane, alley, sidewalk, crosswalk or other public place in the City with building materials or any article or thing whatsoever, without having first obtained the written permission of the Director of the Department of Environmental Services.
B. 
The Director of the Department of Environmental Services shall have the power to grant permits to builders and others to occupy not to exceed 1/3 of the width of the roadway of any street with building material if, in his opinion, the public interest and convenience will not suffer thereby. All such permits shall expressly provide that they are given upon condition that the sidewalks and gutters shall at all times be kept clear and unobstructed and that all dirt and rubbish shall be promptly removed from time to time. Such permits may be revoked by him at any time.
C. 
No person shall deposit building material on any asphalt pavement in the City, unless the pavement is protected by a platform of boards, or other substantial material, to prevent damage to the pavement.
D. 
Building materials defined: For the purposes of this section, the term building materials shall mean material utilized in the construction of buildings, including but not limited to: brick, mortar, cinder block, sheetrock, sand, lumber, pipes, plumbing supplies, cables, glass and any other similar materials.

§ 168-2 Removal of obstructions.

[Amended 9-16-1998 by Ord. No. R-332]
A. 
The Director of the Department of Environmental Services or his designated agent, the Mayor and the Chief of Police are hereby authorized and empowered to order any article or thing which may encumber any street, public lane, alley, pubic wharf, dock or slip or other public place in the City to be removed, and if such article or thing is not removed within two hours after notice to the owner thereof to remove the same, or if the owner cannot be readily found for the purpose of such notice, to cause the same to be removed to some suitable place to be designated by the Director of the Department of Environmental Services or his designated agent, Mayor or the Chief of Police.
B. 
Any article or thing which may be removed in accordance with the provisions of this article shall be advertised and sold by the Director of the Department of Environmental Services at the end of 30 days after such removal, unless the same shall be reclaimed earlier by the owner and the penalty and costs paid. The Director shall pay the proceeds of such sale into the City treasury and furnish the Chief Financial Officer with a statement of the article or thing sold and the amount for which it was sold, and the balance, if any, after deducting the penalty and costs, shall be paid to any person furnishing satisfactory proof of ownership.

§ 168-3 Moving buildings in streets.

A. 
No person shall remove or cause to be removed or aid or assist in removing any building into, along or across any street, public lane or alley in the City without having first obtained the written permission of the Mayor and conforming to such restrictions and conditions as he may prescribe.
B. 
Such permit shall specify the time to be occupied in such removal, which time shall in no case be longer than is actually necessary, but such time may be extended for good and sufficient cause.
C. 
No owner of any building, or the contractor for its removal, shall permit the building to be on or remain in or upon any street, public lane or alley for any time longer than that specified in the permit.

§ 168-4 Encroachment on street.

[Amended 7-1-1997 by Ord. No. R-256]
A. 
No person shall erect or place any building or other encroachment upon any public right-of-way, including but not limited to any street, public lane or alley or other public ground within the City without the review, approval and permission of the Director of Environmental Services or his designated agent. The following exceptions will be permitted subject to the aforementioned review, approval and permission:
[Amended 9-16-1998 by Ord. No. R-332]
(1) 
Window bays, as defined and regulated below, will be permitted to encroach into the public right-of-way so long as the following conditions are met:
(a) 
Window bay defined: a structure which may begin at ground level and extend no higher than the roof height of the main building, projecting from an outside wall and having its own windows, designed to create an alcove to a room. Said structure may be called a bay, window bay, bay window, oriel, or ground floor projection or extension.
(b) 
The maximum extension of such bay beyond the lot line on any floor above the ground floor shall not exceed 30 inches; a ground floor projection shall not exceed 24 inches. Where the ground floor extension begins above the ground, it may not begin at a height greater than 27 inches. In no event may the maximum dimensions indicated above be exceeded in any manner by air conditioning units, decorative details or any other attached item. All window bays are subject to the following limitations:
(i) 
Where a site which proposes bay windows occupies less than 25% of the total length of the subject blockfront and there are no other bay windows on said blockfront, the proposed bay windows may not project further than 24 inches beyond the lot line and no ground floor projection will be permitted.
(ii) 
Where a site which proposes bay windows occupies less than 25% of the total length of the subject blockfront, but at least two other facades or a minimum of 50 feet of facade on the blockfront is embellished with such extensions, the proposed bay windows may not project further than 24 inches beyond the lot line and a ground floor projection will be permitted subject to paragraph (iii) below.
(iii) 
Where a site which proposes ground floor projections occupies less than 25% of the total length of the subject blockfront, but at least two other facades or a minimum of 50 feet of facade on the blockfront is embellished with such extensions, the proposed ground floor projection is permitted but is limited to 24 inches.
(c) 
Ground floor projections shall not be permitted unless sidewalk fences are installed pursuant to § 168-37. No ground floor projections shall be permitted where fences are not permitted in the public right-of-way.
(d) 
The maximum horizontal width of the bay as measured along the primary building wall between the points of attachment where the bay begins and ends its divergence from the primary wall shall not exceed eight feet. On frontages wider than 50 feet, individual bays may be up to 15 feet wide so long as the total percentage of the front facade occupied by such bays does not exceed 30% of the front facade measured horizontally. All other regulations specified in this chapter shall apply.
(e) 
There shall be no more than two bays per 25 feet of building frontage. Where the subject lot has frontage of less than 25 feet, no more than one bay may be provided.
(f) 
Bay windows shall not be located within two feet of side property line.
(g) 
The sides of the bay must extend from the primary building wall at no greater than a 60° angle as viewed in plan. Bays designed with angles greater than 60° are specifically prohibited.
(2) 
Cornices, as defined below, may project a maximum of 36 inches beyond the front lot line.
(a) 
Cornice defined: a horizontal architectural molding projection at or near the top of a building wall with or without a parapet.
(b) 
Where a site which proposes projecting cornices occupies less than 25% of the total length of the subject blockfront and there are no other projecting cornices on said blockfront, the proposed cornices may not project further than 24 inches beyond the lot line.
(c) 
Where cornices wrap around a bay window, the maximum total projection may not exceed 48 inches in any event.
B. 
The owner of any building, fence or other encroachment or obstruction placed upon any street, public lane or alley or other public ground in the City shall remove the same within 30 days from the date he receives the notice in writing, signed by the Director of the Department of Environmental Services, or his designee, directing such removal. Whenever such owner fails to remove the same in accordance with the notice, it shall be deemed a nuisance, and the Director of the Department of Public Works, or his designee, shall cause the same to be removed.

§ 168-5 Projections into streets.

[Amended 9-16-1998 by Ord. No. R-332; 3-3-1999 by Ord. No. R-370]
A. 
No person shall erect or place any stoops, steps, platforms, pedestrian ramps designed and built pursuant to the minimum standards of the Americans With Disabilities Act, windows, cellar doors, areas, descents into a cellar or basement, signs, awnings, posts or other projections in, over or upon any street in the City without the review, approval and permission of the Director of Environmental Services or his designated agent.
B. 
Any projection as described in Subsection A above which is erected in, over or upon any street without the required review, approval and permission is hereby declared to be a nuisance. Following notice of a violation by the Director of Department of Environmental Services or his designated agent, the owner or occupant of the premises has 30 days in which to remove any such projections. Upon failure to do so the Director of the Department of Environmental Services is hereby authorized and directed to remove same in a summary manner at the expense of the owner or occupant of the premises in front of which such nuisance exists.
C. 
Pedestrian bridges and arcades. Pedestrian bridges and arcades as defined and regulated below, shall be permitted only when specifically permitted in Chapter 196 of the Code of the City of Hoboken and shall be subject to the review and approval of the City Council.
(1) 
Pedestrian bridges shall be permitted to project into the public right-of-way where permitted pursuant to Chapter 196 and subject to the following conditions:
(a) 
Pedestrian bridge defined: A pedestrian bridge is a continuous enclosed bridge which spans a street and is permitted only for the purpose of connecting two publicly owned buildings or two buildings where one is publicly owned and one is owned by a semipublic entity such as a nonprofit, philanthropic, religious or health services organization. In any event, at least one of the public entities must be the City of Hoboken or a municipal agency or authority such as the Hoboken Parking Authority.
(b) 
Bridge shall connect the two buildings at the same elevation above sidewalk grade.
(c) 
Minimum height of the bridge's floor above the grade of the center line of the street below shall meet current Department of Transportation standards for such street.
(d) 
Maximum width of bridge is 12 feet.
(e) 
Maximum internal distance between the bridge's ceiling and floor is 12 feet.
(f) 
Bridge shall be heated, air conditioned and lighted internally. If the bridge floor is within 20 vertical feet of the sidewalk where it crosses over such sidewalk, it shall provide for the lighting of such sidewalk area.
(g) 
Bridge sidewalls shall be a minimum of 50% transparent. The lower 25% may be opaque or translucent for privacy. The entire sidewall may also be completely reflective if such surface does not cause dangerous sun glare at the subject location.
(2) 
Arcades shall be permitted to project into the public right-of-way where permitted pursuant to Chapter 196 and subject to the following conditions:
(a) 
Arcade, defined: the covered area at sidewalk level created by the extension beyond the front property line of the floor of a building above.
(b) 
No arcade may extend beyond the front property line more than half the width of the existing sidewalk or eight feet, whichever is less, but in no case shall it leave less than six feet for pedestrian traffic either within the arcade or outside it except in areas where the sidewalk is 20 feet or more from the front lot line to the curb. Then the arcade may be permitted to project into a street or sidewalk a maximum of 10 feet.
(c) 
The ceiling of the arcade shall be no lower than 10 feet above the sidewalk. The interior of the arcade shall have a level of lighting at least equivalent to what street lamps would provide in a comparable area. The interior walls shall be treated or painted in light colors.
(d) 
The arcade design shall maximize openness to the greatest extent possible given the engineering requirements of the structure above but in no event shall its sidewalls be less than 75% open.
(e) 
The arcade shall remain open to the public at all times. No opening of the arcade within the public right-of-way shall be glazed, gated or otherwise obstructed at any time.

§ 168-6 Roofs and awnings.

A. 
No owner or occupant of any dwelling house, store or other building or premises in the City shall erect, or permit or suffer to be erected or remain erected, any shed or covering of wood or other material which projects into or over the street or sidewalk in front of any such building or premises, except a cloth or canvas for the purpose of an awning or for any other purpose, without permission from the Director of the Department of Environmental Services or his designated agent.
B. 
The owner or occupant of any dwelling house, store or other building in this City may construct wrought iron brackets or frames for the support of awnings, which shall be firmly secured to the building and shall be not less than eight feet nor more than 10 feet in height above the sidewalk, and shall not project over the sidewalk beyond the curbline nor in any case more than 10 feet.

§ 168-7 Refuse in streets.

A. 
No person shall throw upon any sidewalk, street or roadway in the City any ashes, cinders, glass, crockery, wire, tacks, nails or metal or other substance of any nature likely to cause injury to pedestrians or vehicles.
B. 
No person shall throw or deposit on any sidewalk or crosswalk in any street or public place in the City any fruit or vegetable or other substance, which may cause anyone passing along the sidewalk or crosswalk to slip or fall.
C. 
No occupant of any store, dwelling or building in the City shall sweep or deposit any paper, dirt or rubbish of any kind from his store, dwelling or other building onto any sidewalk or gutter.
D. 
No person shall permit the contents of any vehicle to be scattered onto any street, sidewalk, alley or other public place in the City.

§ 168-8 Snow removal.

[Amended 1-19-1994 by Ord. No. R-27; 1-4-2012 by Ord. No. R-151]
A. 
The owner or occupant or person having charge of any dwelling house, store or other building or lot of ground in the City shall, within the first six hours after every fall of snow or hail, or after the formation of any ice upon the sidewalks, unless the ice is covered with sand or ashes, cause the snow and ice to be removed from the sidewalk abutting such dwelling house, store, building or lot of land, cause the snow and ice to be removed from the sidewalk abutting such dwelling house, store, building or lot of land, clearing a traversable walkway so that a minimum of four feet or 2/3 of the width of the sidewalk, whichever is greater, is free of snow and ice. In those instances where the traversable walkway is less than four feet in width, the owner, occupant or person having charge shall clear the entire width of the abutting sidewalk.
B. 
In case the gutter opposite any dwelling house, store or other building, or lot of ground, in the City shall at any time become obstructed with snow, ice, dirt or any matter, the owner or occupant or person having charge thereof shall cause the gutter to be cleaned out to the width of two feet, so that the water may run freely along the same.
C. 
If more than four feet of sidewalk is available, snow may be deposited between the cleared area and the curbline at a height of no greater than 3.5 feet.
D. 
At no time shall snow, ice, dirt, or any matter be removed into the street.
E. 
Where public facilities or public infrastructure are present on a sidewalk, such as mailboxes, phone booths, handicapped ramps at corners, parking meters, bicycle racks, and benches, the owner, occupant or person having charge shall maintain clear access to said facilities or infrastructure so that all public functions may continue unimpeded at all times.

§ 168-9 Damage to streets and sidewalks.

A. 
No person shall take up, remove or carry away any material of any public street in the City without a permit from the Director of the Department of Environmental Services or his designated agent.
[Amended 9-16-1998 by Ord. No. R-332]
B. 
Any person who breaks or otherwise injures any sidewalk in the City shall cause the sidewalk to be repaired within 24 hours thereafter.
C. 
Every owner of any building or premises shall keep and cause to be kept the sidewalk, flagging and curbstone abutting said building or premises free from obstruction and nuisances of every kind and shall keep said sidewalks, air shafts, areaways, backyards, courts and alleys free from garbage, refuse, rubbish, litter and other offensive material. Such persons shall also remove garbage, refuse, litter, debris and other offensive material between the curbstone abutting the building or premises and the roadway area extending 1 1/2 feet, [18 inches], from the curbstone into the street on which the building or premises front.
[Added 8-18-1982 by Ord. No. C-221]

§ 168-10 Excavation in streets.

A. 
Permit. No person shall make any excavation in any street, alley, sidewalk or public place in the City or shall take up or disturb any pavement, curb or surface laid thereon without first obtaining a permit therefor as herein provided and without complying with the provisions of this section.
B. 
Security deposit. The Director of the Department of Environmental Services, before granting a permit for any such excavation, except in cases where such excavation is directly authorized by law, shall require of the person by whom or for whose benefit any excavation or opening is to be made a deposit of such sum of money as shall be deemed sufficient to pay all the expenses of the Department of Environmental Services of doing such work and restoring the surface to its former condition. The deposit shall be a full discharge of all liability and claim against the person making such deposit and for payment for the work herein provided for and required of the Department of Environmental Services.
[Amended 9-16-1998 by Ord. No. R-332]
C. 
Permit fee. It shall be the duty of the Director of Environmental Services to charge and receive the following fees for the use of the City for each permit granted under this section:
Up to 50 feet: $100
[Amended 12-7-2005 by Ord. No. DR-220]
75-150 feet: $150
[Amended 12-7-2005 by Ord. No. DR-220]
150-300 feet: $300
[Amended 12-7-2005 by Ord. No. DR-220]
300-500 feet: $1,000
[Amended 12-7-2005 by Ord. No. DR-220]
At the end of each month, the Director of Environmental Services shall pay the moneys so received to the City Treasurer.
[Amended 9-16-1998 by Ord. No. R-332; 5-17-2000 by Ord. No. R-438]
D. 
Regulations. The Director of the Department of Environmental Services may establish such rules and regulations as are deemed necessary with respect to such excavations to minimize public inconvenience and to ensure the restoration of the surface to its former condition.
[Amended 9-16-1998 by Ord. No. R-332]

§ 168-11 Barriers and excavating warning devices.

Any person engaged in digging in any street, in paving any street or section of a street, in building any sewer or drain or in digging any trench for gas pipes or water pipes or in making any other excavation in the City where such work, if left exposed, would be dangerous to life or limb, shall erect a fence or railing at such excavation or work in such a manner as to prevent danger to persons who may be traveling nearby. Such person shall also place upon such railing or fence, at twilight in the evening, suitable and sufficient lights and keep them burning through the night, during the performance of such work.

§ 168-12 Grade and improvement of streets.

A. 
Grade. The grades of all streets in the City shall be regulated and established from time to time by resolution of the Council, and a profile thereof with the regulations distinctly marked thereon shall be deposited and kept in the office of the City Engineer.
B. 
Improvements. All streets in the City shall be graded or improved, as the Council shall from time to time, by special ordinance, direct.

§ 168-13 Repair of sidewalks.

[Amended 9-16-1998 by Ord. No. R-332]
A. 
In any case where the Council shall by resolution determine to construct, repair and maintain any sidewalk, the work shall be done under the supervision, control and direction of the Director of the Department of Environmental Services.
B. 
The resolution shall specify the general character of the work intended to be done, and the Director of the Department of Environmental Services, immediately after the passage of such resolution, shall cause a notice in writing to be served upon the owner or occupant of any property to be affected. Whenever any property is unoccupied and the owner cannot be found within the City, the notice may be mailed, postage prepaid, to his post office address, if it can be ascertained. If the owner is a nonresident of the City, and his post office address cannot be ascertained within the City, notice shall be inserted for four weeks, once a week, in one of the official newspapers of the City. Such notice shall specify the work to be done and the manner in which it shall be executed, if done by the owner or occupant.
C. 
If, within 30 days from the date of the service of such notice, the owner or occupant does not perform the work required, upon filing proof of the service or publication of such notice, it shall be the duty of the Director of the Department of Environmental Services to cause the required work to be done. In case the work is done by the City, the cost shall be paid out of the moneys appropriated in the annual tax levy to the construction, repair and maintenance of sidewalks in the same manner as other work done by the Department of Environmental Services is paid for, and the cost of such work, when finished, shall be certified to by the Director of the Department of Environmental Services and a certificate thereof filed with the Collector of Revenue, who shall proceed according to law for the collection of the same.

§ 168-14 Care of trees on sidewalks.

[Amended 9-16-1998 by Ord. No. R-332]
A. 
Prohibited acts. No person shall do any of the following acts upon any street within the City without the written permission of the Director of the Department of Environmental Services:
(1) 
Cut, trim, break, climb with spikes, disturb the roots of, spray with any chemical, remove or otherwise injure any living tree or shrub or injure, misuse or remove any structure or device placed to support or protect such tree or shrub.
(2) 
Plant any tree or shrub.
(3) 
Fasten any rope, wire, electric attachment, sign or other device to a tree or shrub or to any guard about such tree or shrub.
(4) 
Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water or fertilizer to the roots of such tree or shrub.
(5) 
Place any building material within six feet of a tree or shrub.
B. 
Electric wires. Any person having control of any wires for the transmission of an electric current along a street shall, at all times, guard the trees through which or near which such wires pass against any injury from the wires or from the electric current carried by it. The device or means used shall be subject to approval by the Department of Environmental Services.
C. 
Interference. No person shall prevent, delay or interfere with any lawful work undertaken by the Department of Environmental Services or its authorized agents.

§ 168-15 Planting of trees along streets.

Any person desiring to plant trees or shrubs along any street in the City shall comply with the following rules and regulations:
A. 
All trees coming from the nursery shall have straight stems of 2 1/2 to three inches in caliper or more, with single leaders, and shall be Plantanus Orientalis or Acer Plantanoids (Norway maple) with well furnished heads, branching a minimum of seven feet from ground and shall be subject to approval by the Director of the Environmental Services or his designated agent.
[Amended 9-16-1998 by Ord. No. R-332]
B. 
Holes for the reception of the trees shall be opened five feet long, three feet wide and three feet deep. All debris coming from the holes shall be discarded and the holes filled with compost consisting of topsoil mixed with cow manure.
C. 
Each tree shall be supported by two eight-foot long cedar poles measuring two to three inches in thickness with the bark left on. The tree shall be fastened to stakes with heavy galvanized wire, and where wire passes around, the stem shall be protected by 1/2 inch rubber garden hose.
D. 
After soil is filled in around the roots, the trees shall be watered thoroughly to wash in soil.
E. 
When holes are excavated through concrete or flagging in areas used by pedestrians, Belgian blocks shall be laid in sand joints, covering the top of the hole flush with the concrete or other material or sidewalks.

§ 168-16 Peddling in streets.

No person shall hawk, peddle or sell dry goods, wearing apparel, jewelry, ornaments, crockery or hardware from stands, wagons, pushcarts or otherwise on the public streets of the City except as may be provided by ordinance.

§ 168-17 Selling tickets in streets.

No person shall conduct on any street in the City the business of selling or offering for sale any ticket of admission to any performance or exhibition upon the premises of any theater or other place of public amusement. No person shall solicit, by words, signs, circulars or other means, any person to purchase any such ticket upon any street.

§ 168-18 Permit to use streets for private purposes.

A. 
No permission shall be given to any person to use the streets or public places of the City for any private purpose, except upon the terms, conditions and in the manner herein provided. This section does not relate to or affect peddlers and other small dealers doing business under permits or established licenses.
B. 
Any person desiring to obtain permission to use the streets and public places of the City for any such purpose shall make application in writing therefor to the Mayor, stating particularly the use or uses he desires to make of such street or public places, and what structures or works they propose to erect or place therein.
C. 
License fees. As consideration for use of municipal rights-of-way, the licensee shall pay the City the following fees:
[Added 5-19-1993 by Ord. No. P-226]
(1) 
An administrative fee of $50 upon filing the initial application and each proposed amendment to the application.
(2) 
A flat fee of $5,000 per year for each ten-year period the license is in effect payable on the issuance of the license and on the anniversary date of the issuance of the license.

§ 168-19 Vehicles on sidewalks.

A. 
No person shall operate any cart, wagon or vehicle over any sidewalk in the City, except in crossing the sidewalk to go into a yard or lot.
B. 
No owner or occupant of any dwelling house, store or other building shall permit any cart, wagon or other vehicle to go upon the sidewalk in front of such building, for the purpose of loading or unloading or for any other purpose.

§ 168-19.1 Retrieval and storage fee for recovery of shopping carts by the City of Hoboken.

[Added 10-2-2002 by Ord. No. DR-58]
A. 
Any shopping cart abandoned on any street, sidewalk or other public right of way within the City shall be collected and stored in an appropriate place by the Department of Environmental Services.
B. 
A retrieval and storage fee of $25 per shopping cart shall be imposed upon the owner of the shopping cart or carts for recovery of the cart. The owner of the shopping cart shall not recover the cart or carts without payment of the retrieval and storage fee. Upon receipt, that fee shall be deposited into the general fund of the City of Hoboken.
C. 
If a recovered shopping cart is not reclaimed by the rightful owner within 30 days of recovery by the City, the City may dispose of the shopping cart or carts at auction or in any other manner deemed appropriate.

§ 168-20 Deposits.

[Added 5-4-1966 by Ord. No. 268; amended 9-16-1998 by Ord. No. R-332]
No person, without the permission of the Director of Environmental Services or his designated agent, shall dump or deposit any earth, dirt, rock, rubbish or other article contrary to the provisions of this article, upon any public street or public place in the City.

§ 168-21 Littering.

[Added 5-4-1966 by Ord. No. C-268]
No person shall throw, cast, lay, direct, suffer or permit any servant, agent or employee to throw, cast or lay any ashes, offal, vegetables, garbage, cinders, shells, straw, shavings, paper, dirt, filth, broken glassware, crockery, bottles or rubbish of any kind, whatsoever, in any street, either upon the roadway or sidewalk thereof, except in receptacles and deposited in the manner now required by the ordinances of the City of Hoboken.

§ 168-22 Spilling or scattering dirt, sand or gravel.

[Added 5-4-1966 by Ord. No. C-268]
No one, being the owner, driver, manager, operator or conductor of any cart, wagon, truck or other vehicle, or of any receptacle, shall scatter, drop or spill, or permit to be scattered, dropped or spilled, any dirt, sand, gravel, clay, loam, stone or building rubbish, hay, straw, oats, sawdust, shavings or other light materials of any sort, or manufacturing, trade or household waste, refuse, rubbish of any sort or ashes, manure, garbage or other organic refuse or other offensive matter or permit said refuse to be blown in or upon any street or public place.

§ 168-23 Distribution of handbills or circulars.

[Added 5-4-1966 by Ord. No. C-268]
No person shall throw, cast or distribute, or cause to be thrown, cast or distributed, any handbill, circular, card or other advertising matter whatsoever, in or upon any street or public place, or in a front yard or in any vehicle or in the vestibule or hall of any building or in any place from which such matter may be blown by the wind onto a street or public place, or place on any pole or public sign any advertising matter unauthorized by the owner of said pole or public sign.

§ 168-24 Throwing fruit or vegetables in streets.

[Added 5-4-1966 by Ord. No. C-268]
No person shall cast, throw or deposit on any sidewalk or crosswalk or any street or public place in the City any fruit or vegetable or other substance or any part or portion thereof which is liable to cause or which does cause any passing person to slip or fall.

§ 168-25 Waste receptacles to be provided by vendors.

[Added 5-4-1966 by Ord. No. C-268]
Every person distributing or offering for sale in any street or public place or store adjacent thereto any fruit, vegetables, water, ice, ice cream, candy, hot dogs, franks, hamburgers or similar food product shall provide, in a conspicuous place nearby, a receptacle for all used containers, wrappers and other waste materials and shall dispose of said receptacle and its waste contents prior to the close of business for the day.

§ 168-26 Removal of grass, weeds or other impediments.

[Added 5-4-1966 by Ord. No. C-268; amended 9-16-1998 by Ord. No. R-332]
The owner or tenant of land abutting or bordering upon the sidewalks and gutters of public streets is required to remove weeds and other impediments within three days after notice from the Director of the Department of Environmental Services or his designated agent, to remove said weeds or other impediments.

§ 168-27 Dogs committing nuisances.

[Added 5-4-1966 by Ord. No. C-268]
No person, having the right and ability to prevent, shall knowingly or carelessly or negligently permit any dog to commit any nuisance upon any sidewalk or any public place, park, public square or place in the City or upon the floor of any tenement house which is used in common by the tenants thereof or upon the fences or lawns of any premises, or the walls or stairways of any building abutting on a public street, avenue, park, public square or place, or upon the floor of any theater, store, factory or of any building which is used in common by the public, including all public rooms or place therewith connected, or upon the floor of any depot or station, or upon the station platform or stairs of any railroad or other common carriers, or upon the roof of any tenement house used in common by the tenants thereof, or upon the floor of any hall, stairway or office of any hotel or lodging house which is used in common by the guests thereof; nor shall any such person omit to do any reasonable and proper act or to take any reasonable and proper precaution to prevent any such dog from committing any such nuisance in or upon any of the places or premises herein specified.

§ 168-28 Violations and penalties.

[Amended 5-4-1966 by Ord. No. 268; 11-14-1987 by Ord. No. V-140; 15-16-2007 by Ord. No. DR-313]
A. 
Any person, persons or corporations violating any of the provisions of this article shall, upon conviction thereof before the Municipal Judge, be subject to a fine in any sum not less than $100 nor exceeding $1,000 or to imprisonment for a period not exceeding 90 days, or both, the amount of such fine and imprisonment within the limitation aforesaid to be determined in the discretion of the Municipal Judge.
B. 
Any person who is convicted of violating this article within one year of the date of a previous violation of this article and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than $100 nor shall it exceed the maximum fine fixed for a violation of this article, but shall be calculated separately from the fine imposed for the violation of this article, as provided for by N.J.S.A. 40:69A-29.