[Adopted 7-22-1976 as Art. IV of
Ch. 150 of the 1976 Code[1]]
No merchandise, material, boxes, stands, magazines,
newspapers, produce, fruits, vegetables, advertising signs or any
object or obstruction shall be placed, maintained or permitted upon
any part of any public sidewalk within the limits of the City of Margate
City, New Jersey, except United States mailboxes. Said sidewalks shall
remain free and clear of all obstructions for the use of pedestrians.
A.
Certain displays in the public right-of-way, in front of stores located
within the commercial retail districts, shall be permitted to assist
the merchants to market their merchandise and goods on specific dates
and times approved by the Board of Commissioners. The dates and times
to display merchandise in the public right-of-way shall be known as
"sidewalk sales days." No merchandise may be displayed in the public
right-of-way on non-sidewalk-sales days.
[Added 4-7-2011 by Ord. No. 7-2011]
B.
Merchandise, inventory and goods, which are offered for sale within
a store, may be displayed in front of the exterior storefront within
the public right-of-way in the commercial retail districts on the
approved dates and times.
[Added 4-7-2011 by Ord. No. 7-2011]
C.
Merchandise displayed within the public right-of-way must not occupy
more than the merchant's storefront width. Merchants may not use any
portion of contiguous property owners' property to display merchandise.
The display shall not obstruct the storefront entrance. The top of
the display shall not be higher than eight feet above the sidewalk
surface. The merchandise may be displayed under a tent, provided the
size and dimensions of the tent are approved by the Zoning Officer
and Code Official. The Zoning Officer shall ensure that there are
no visual obstructions to neighboring businesses or general safety
issues relative to the use of tents. The Construction Official shall
ensure there are no fire safety issues relative to the use of tents.
[Added 4-7-2011 by Ord. No. 7-2011]
D.
Merchandise displayed within the public right-of-way must not obstruct
pedestrian traffic. A minimum of three feet must be maintained for
pedestrian traffic to pass unobstructed in front of the storefront
displaying merchandise in the public right-of-way.
[Added 4-7-2011 by Ord. No. 7-2011]
E.
Merchandise displayed within the public right-of-way must be displayed
in a visually appealing manner. The Zoning Officer shall make the
final determination regarding the visual attractiveness of the display.
The display must be removed if it is not approved by the Zoning Officer.
Merchandise may not be attached to trees or utility poles. All merchandise
must be removed at the end of each sidewalk sale day and placed indoors
or off the public right-of-way. Temporary supports to display merchandise,
such as racks, tables, carts and shelves must also be removed at the
end of each sidewalk sale day and placed indoors or off the public
right-of-way.
[Added 4-7-2011 by Ord. No. 7-2011]
F.
No merchandise may be displayed in the public right-of-way in front
of any store in the commercial business districts except as provided
above.
[Added 4-7-2011 by Ord. No. 7-2011]
A.
Any person violating the provisions of this article
shall, upon conviction thereof, be subject to a fine not exceeding
$1,000 or imprisonment not exceeding 90 days, or both, at the discretion
of the Judge hearing the same.
[Amended 1-25-1988 by Ord. No. 1988-1]
B.
Each and every day that such violation occurs shall
be considered a separate and specific violation of this article and
not a continuing offense.
