[Added 6-11-1984 by Ord. No. 14-1984[1]]
As used in this article, the following terms
shall have the meanings indicated:
Includes all potable liquids.
[Added 2-13-2018 by Ord.
No. 1-2018]
The City of East Orange.
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]
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale or display regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations, their officers, agents and/or employees.
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.
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.
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:
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.
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.
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.
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.
