[Added 6-11-1984 by Ord. No. 14-1984[1]]
[1]
Editor's Note: This ordinance also redesignated former Art. XI, Penalties, as Art. XII.
As used in this article, the following terms shall have the meanings indicated:
BEVERAGE
Includes all potable liquids.
[Added 2-13-2018 by Ord. No. 1-2018]
CITY
The City of East Orange.
FOOD
Includes raw, cooked, or processed edible substances, ice, beverages, or ingredients used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
[Added 2-13-2018 by Ord. No. 1-2018]
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale or display regulated hereunder.
PERSONS
Includes individuals, partnerships, voluntary associations and corporations, their officers, agents and/or employees.
SALE
Includes, but is not limited to, sidewalk sales or a sale of property which is advertised by a means whereby the public at large is or can be made aware of the sale.
SIDEWALK
That area of the public right-of-way, including but not limited to the area from the curb of the street to the property line, as defined in the New Jersey Motor Vehicle Code, N.J.S.A. 39:1 et seq.
[Amended 5-27-1986 by Ord. No. 25-1986; 2-13-2018 by Ord. No. 1-2018]
A. 
With respect to goods, public sidewalks may be used for sales, art displays or similar events, provided that persons sponsoring the event submit to the Director of Public Works an application not less than 45 days prior to the sale, display or event for review and recommendation prior to submission to the City Council for its approval, provided that the person or persons submitting the application satisfy all criteria of this chapter.
B. 
No person shall use any portion of any sidewalk or part of any public street within the City of East Orange for the display and/or sale of food and/or beverages, and no person shall permit any food and beverage display to be or remain upon any portion of any sidewalk or part of any public street in the City, save temporarily as set forth in the time-specific display for mobile trucks.
A. 
Permits shall be issued to any one person or persons only three times within a twelve-month period, and no such permit shall be issued for more than six consecutive calendar days.
B. 
Each permit or a certified copy issued under this article shall be prominently displayed on the premises on which the sale or display is conducted throughout the entire period of permitted sales.
C. 
A permit for the sale or display of goods on a public sidewalk shall be issued only in areas zoned for business as defined in the Zoning Ordinance.[1]
[1]
Editor’s Note: See Ch. 51, Land Use, Part 3, Zoning.
D. 
No permit for the sale or display of goods on a public sidewalk shall be issued where the usable width of the pedestrian sidewalk is less than eight feet.
E. 
No permit for the sale or display of goods on a public sidewalk shall be issued for the use of the pedestrian sidewalk adjoining a bus stop or a pedestrian loading area where the usable pedestrian sidewalk is less than 12 feet in width.
F. 
A clear passageway of no less than four feet for pedestrian traffic must be maintained at all times.
G. 
At no time is the display of goods to be placed or located within five feet of the curb.
H. 
The utilization of any curbside street hardware, such as streetlight or traffic signal poles, sign poles, parking meters, trees, etc., for hanging or display of pennants, goods, etc., is prohibited.
I. 
The size and placing of advertising signs shall be in conformance with all applicable City ordinances and not in violation of the New Jersey Motor Vehicle Code, N.J.S.A. 39:1 et seq.
J. 
The use of any electrical or rotating advertising devices or flashing lights is prohibited.
[Amended 5-27-1986 by Ord. No. 25-1986]
The following information shall be filed as part of the permit application with the Director of Public Works pursuant to this article:
A. 
The name of the person conducting the sale or display and his address.
B. 
The name of the owner of the property on which the sale or display is to be conducted and the consent, in writing, of the owner if other than the applicant.
C. 
The location at which the sale or display of goods is to be conducted.
D. 
The number of days of the sale or display.
E. 
The date and nature of any past sales or displays.
F. 
Any relationship or connection the applicant may have or had with any other person or persons conducting a sale or display within the last 12 months prior to the application date.
G. 
Whether or not the applicant has been issued a vendor's license by any governmental agency.
H. 
A sworn statement affirming the applicant's knowledge, understanding and responsibilities as outlined in § 238-70.
I. 
The sponsoring organization shall include with its application the following information:
(1) 
A list of its principal officers and their addresses.
(2) 
A list of members participating in the sale or display and their addresses.
(3) 
A list of nonmembers participating in the sale or display and their addresses.
(4) 
A list of the goods or merchandise to be offered for sale or display.
J. 
A sworn statement or affirmation by the person signing that the information supplied is accurate and true to the best of his knowledge.
The person or persons to whom such permit is issued and the owner or tenant of the premises on which such sale or display is conducted shall be jointly and severally liable for the maintenance of good order and decorum on the premises during all hours of the sale or display. No such person or persons shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises or cause any condition which would be hazardous to pedestrians. All such persons shall obey the reasonable orders of any member of the Police Department or authorized agent of the City of East Orange in order to maintain the public health, safety and welfare and shall return and restore the designated sidewalk area to its proper appearance, free from litter and refuse, not later than one day after the sale or display.
All sales or displays of goods shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
The following nonrefundable fees are to be submitted prior to issuance of the approved permit. Fees are to be in cash or certified check made payable to the City of East Orange.
A. 
Sponsoring organization: $100.
B. 
Participating in a sponsoring organization sale, but nonmember of the organization: $50.
C. 
Individual: $50.
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
Any person selling or advertising for sale of an item or items of personal property.
D. 
Merchants placing goods, wares and merchandise on sidewalks while loading or unloading the same, provided that a passageway at least four feet wide shall be maintained at all times, and that such goods, wares and merchandise shall be removed from the sidewalk without unreasonable delay.
[Amended 2-23-2015 by Ord. No. 7-2015; 2-13-2018 by Ord. No. 1-2018[1]]
A. 
It shall be unlawful for a person or persons to conduct a sale or display of goods on a public sidewalk in the City of East Orange without first obtaining an approved permit from the City and the payment of the required fee.
B. 
Any person, association, corporation or organization conducting any such sale or display of goods or similar activity without obtaining a permit therefor or who shall violate any of the other terms and regulations of this article shall have the merchandise or goods immediately removed from the sidewalk and, upon conviction, be fined not less than $100 nor more than $1,000, or imprisoned for a period not to exceed 90 days, or both, for each violation of this article. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
[1]
Editor's Note: This ordinance also changed the title of this § 238-74 from "Unlawful act" to its current title.
This article shall be enforced by the Police Department of the City of East Orange. It shall be the duty of the Chief of Police or his designated deputy to investigate any violation of this article.