[Adopted 4-12-2004 by Ord. No. 2004-9]
The use and maintenance of sidewalks and curbs
shall be in accordance with this section.
A.
The use of sidewalks shall be restricted to pedestrians,
and may be used by same while pulling or pushing baby coaches, carriages,
prams, strollers or children's wagons or two-wheeled privately owned
shopping carts.
B.
The use of sidewalks by vehicles, motorbikes, mopeds,
bicycles, skateboards or any other similar devices, except sidewalk
bicycles or tricycles, or the parking or standing of boats, trailers,
campers or motor vehicles upon same is prohibited.
C.
The dropping, throwing, dumping or discarding of bottles,
cans, cigarettes or cigars or the butts thereof, litter, refuse, debris
or other similar objects upon any sidewalk, or the spitting of any
tobacco, saliva, phlegm or viscid mucus thereon is prohibited.
D.
No person shall crack, chip, displace or damage any
sidewalk or curb, whether they be constructed of concrete, brick or
slate, unless in the process of repairing or replacing same, and shall
not obstruct the free and unobstructed use of same by pedestrians,
except that garbage or refuse cans, containers, bags, boxes or other
debris to be picked up by a garbage and refuse collection vehicle
may be placed on the sidewalk at the curb or curbline prior to dusk
preceding a regularly scheduled garbage collection day, and emptied
cans or containers shall be removed within a reasonably convenient
time or prior to 6:00 p.m., whichever occurs first following emptying
and pickup of same by a garbage and refuse collection vehicle.
E.
Any settling or depression of a sidewalk or curb, sidewalk or curb block or slab, or the raising or elevation of same, any excoriation, disintegration, crumbling or any caving-in thereof or similar condition or damage, irrespective of the cause of any such conditions or damages, shall be corrected by the owner of the lands and premises which said sidewalk or curb abuts, by either the proper permanent repair or the replacement of such sidewalk or curb, within 30 days of the occurrence or apparent existence of such conditions or damage. Any such condition or damage present or existing on the effective date of this article shall be so repaired or replaced within 30 days of the effective date hereof. Commercial property owners are solely responsible for the maintenance and repair of adjacent sidewalks in all circumstances, except when the adjacent sidewalk is within the jurisdiction of the Shade Tree Committee, as provided in § 240-28I and § 230-1 et seq. of the City Code. Only when a tree is within the jurisdiction of the Shade Tree Committee is a commercial property owner relieved of liability for maintenance and repairs to adjacent sidewalks, including, but not limited to, heaved sidewalks as a result of tree roots.
[Amended 5-9-2022 by Ord. No. 2022-04]
F.
All curb and sidewalk replacement, construction and
improvements shall be subject to review by the City and shall comply
with the Residential Site Improvement (RSI) Standards contained in
the New Jersey Administrative Code, N.J.A.C. 5:21-1 et seq., including
but not limited to those site improvement standards and details dealing
with roadways, handicapped ramps, concrete curbing and concrete sidewalk,
depressed concrete curb and driveway apron, and, where allowed, brick
or slate sidewalks. A copy of the RSI. Standards and details shall
be available for review at the municipal offices at City Hall. City
residents shall notify the City Public Works Department at least 10
days prior to initiating any such repair or replacement.
G.
In the event that the owners of the land and premises
abutting a sidewalk, which is in need of repair or replacement, do
not undertake such repair or replacement in a timely manner, and the
City, in its full discretion, deems it in the best interests of the
City to repair same for the protection of the City, its residents
and those traveling the sidewalks, the City of Bordentown may undertake
said repair and replacement, at its expense, with charges thereafter
being assessed to said owners. In the event the City so elects, the
affected owner(s) shall be notified by the City at least 15 days prior
to undertaking such action.
H.
Residents may be allowed, at the full discretion of the City of Bordentown, to change sidewalk material from concrete to brick or slate, depending on the location of the sidewalk and its current condition. Such a change must he approved by the City, and the City shall be notified of a resident's intention to initiate such a change, in accordance with the procedures set forth in Subsection F above.
I.
In the event that some portion of a sidewalk is heaved
or otherwise damaged by a tree or tree roots within the jurisdiction
of the City of Bordentown Shade Tree Committee,[1] it shall be the City of Bordentown Shade Tree Committee's sole legal responsibility, pursuant to § 230-1 et seq. of the City Code, to appropriately repair and/or replace only that part of said sidewalk so damaged, as necessary, and charges shall not be assessed to the abutting owners.
[Amended 5-9-2022 by Ord. No. 2022-04]
[1]
Editor's Note: Ord. No. 2013-13, adopted 8-26-2013, changed
the name of the Shade Tree Committee to the “City of Bordentown
Shade Tree Committee.” References to the Committee throughout
the Code have been changed accordingly.
Except as where otherwise provided by law or state statute, the violation of any term or condition of this Article II shall be considered a separate and distinct violation hereof, and the continuance and existence of such violation or violations shall be considered to be a separate and distinct violation for each separate day that such violation continues and exists, and for each of which violation the person committing the same shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article I, Violations and Penalties.
