[R.O. 1951, Ch. 26, § 1; Ord. No. 3106, 11-10-1987, § 1]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The owner, tenant, lessee or person in charge of, in control
of or in possession of any building or premises or part thereof.
That portion of the street (paved or unpaved) lying between
the curbline. In the absence of curbline, that portion of the street
devoted to vehicular traffic.
The pavement between the curbline and property line.
[R.O. 1951, Ch. 26, § 5]
No permit authorized by this chapter shall be granted except
pursuant to an application, in writing, therefor, signed by the person
desiring such permit or his agent, which application shall set forth
such facts as the officer authorized to grant such permit shall require,
and when forms for such application are furnished by the Township
Council, the application shall be upon such forms and shall set forth
all the information required.
[R.O. 1951, Ch. 26, § 8]
No permit shall be issued under this chapter until the fee therefor
shall have been paid to the officer authorized to issue such permit,
for the use of the Township.
[R.O. 1951, Ch. 26, § 6]
Any officer authorized by this chapter to issue a permit is
also authorized to refuse the issuance of any such permit, if in his
opinion such refusal is in the interest of the public safety, public
convenience or public health. In case any permit shall be refused
by any such officer, an appeal of such officer's determination may
be taken to the Township Council. The Township Council, after hearing
the applicant and such officer and such other evidence as may be produced,
may either direct the issuance of such permit or sustain the refusal
of the officer.
[R.O. 1951, Ch. 26, § 7]
No permit granted pursuant to the provisions of this chapter
shall create any vested rights, but any such permit may be revoked
at any time by the office issuing it. Such revocation may be appealed
to the Township Council for its final determination.
[R.O. 1951, Ch. 26, § 2; amended by Ord. No. 3102, 6-23-1987, § 1; Ord. No. 3409, 11-29-1994, §§ 1 and 2; Ord. No. 3452, 3-26-1996, § 1]
(a)
The owners
or tenants of land abutting or bordering on the sidewalks of the following
public streets, avenues or highways within the Township of Teaneck
shall remove all ice and snow from the sidewalks in front of such
lands within 12 hours after cessation of the fall thereon:
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Cedar Lane. Between Broad Street and Anderson Street Bridge.
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Palisade Avenue. Between Court Street and the northerly curbline
of the Plaza (east/west).
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Queen Anne Road. Between Fort Lee Road and Highwood Street.
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Teaneck Road. Between Fycke Lane and Tryton Avenue.
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The Plaza (east/west). Between the Plaza (north/south) and Palisade
Avenue.
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The Plaza (north/south). Between Court Street and State Street.
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W. Englewood Avenue. Between the Plaza (north/south) and Palisade
Avenue.
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(b)
The owners
or tenants of land abutting or bordering on the sidewalks of other
public streets, avenues or highways, except as specifically provided
for, within the Township of Teaneck shall remove ice and snow from
the sidewalks in front of such land within 24 hours after cessation
of the fall thereon.
(c)
The owners
or tenants of land abutting or bordering upon the sidewalks of public
streets, avenues and highways within the township shall remove all
grass, weeds, bushes, brush, undergrowth and other impediments from
the sidewalks in front of such land within three days after notice
to remove the same.
(d)
Fire
hydrant clearance. No person shall maintain within three feet of a
fire hydrant, flowers, hedges or trees. All persons owning property
contiguous to a fire hydrant shall remove all snow and ice within
an area of three feet of such fire hydrant.
(e)
It shall
be the responsibility of the owner or tenant of property at street
corners and midblock where crosswalks exist, when removing snow and
ice from the sidewalks, to clear a path through the snow and ice from
the sidewalk at corners and midblock crosswalks to the plowed section
of the street to allow pedestrians access from the sidewalk to the
plowed portion of the street.
[R.O. 1951, Ch. 26, § 3; amended by Ord. No. 3102, 6-23-1987, §
1]
In case the owners or tenants of land abutting or bordering upon the sidewalks of public streets, avenues and highways shall refuse or neglect to remove all ice and snow from the sidewalks in front of such land, as required by § 32-6 of this chapter, after such ice and snow shall be formed or the cessation of the fall there on, or all grass, weeds, bushes, brush, undergrowth or other impediments from such sidewalks, within three days after notice to remove the same, it shall be the duty of the Township Manager to cause such work to be done under his direction, and he shall certify the cost thereof to the Township Council.
[R.O. 1951, Ch. 26, § 4]
(a)
The cost
of the removal of ice, snow, grass, weeds, bushes, brush, undergrowth
or other impediments as certified by the Township Engineer, if found
correct by the Township Council, shall become a lien upon the land
abutting or bordering upon such sidewalks, and shall be added to and
become part of the taxes next to be assessed and levied upon such
land and the same shall bear interest at the same rate as taxes.
(b)
The Township Council shall, upon receiving a certificate of cost from the Township Engineer, pursuant to § 32-7, examine such certificate and if found correct shall adopt a resolution directing that the cost shall be charged against the land abutting or bordering on any such sidewalk upon which snow, ice, grass, weeds, bushes, brush, undergrowth, or other impediments have been removed under the direction of the Township Engineer and shall cause a certified copy of such resolution to be delivered to the collector of taxes, who shall collect such charges at the time of the collection of the taxes next to be assessed and levied upon such land.
[R.O. 1951. Ch. 26, § 12]
No person shall permit any building, structure, erection or
any part thereof to encroach upon or extend over, under or into any
public street or public place.
[1]
Editor's Note: For state law as to authority of Township to
remove encroachments, obstructions, etc., in the streets, etc., see
N.J.S.A. 40:67-1.
[R.O. 1951. Ch. 26, § 12]
The owner of every building, structure or erection which, either
in whole or in part, encroaches upon or extends over, under or into
any public street or place shall cause such encroachment to be removed
within ten days after receiving written notice from the Township Engineer
to do so.
[R.O. 1951, Ch. 26, § 17]
No person shall place or permit to be placed upon any sidewalk
any object or thing that shall in any manner encumber such sidewalk
or render travel upon such sidewalk dangerous or unsafe.
[1]
Editor's Note: For state law as to power of Township to provide
for removal of obstructions on sidewalks, see N.J.S.A. 40:65-12.
[1]
Editor's Note: Former § 32-12, Awnings, of the 1965
Code was repealed by Ord. No. 3507, 7-8-1997, § 3.
[R.O. 1951, Ch. 26, § 14; amended at time of adoption
of Code (see Ch. 1, General Provisions, Art. II)]
No cellar way or hoist way shall be constructed in any public street without a permit therefor issued by the Township Engineer. The fee for such a permit shall be in an amount as set forth in Appendix III, Fees and Charges for Certain Township Services, of Chapter 2 of this Code. No permit shall be granted for any such cellar way or hoist way which extends into the street more than five feet from the property line. All such cellar ways or hoist ways shall be covered with iron doors flush with the sidewalk, and when opened shall at all times be protected either by guardrails or chains. No such cellar way or hoist way shall remain open so that the sidewalk or street is obstructed for a period longer than is necessary for the reasonable use thereof.
[R.O. 1951, Ch. 26, § 22]
No person shall place any bridging over any gutter, or place
any pipe or other obstruction in any gutter, without first obtaining
a written permit therefor from the Township Engineer.
[R.O. 1951, Ch. 26, § 18]
No person shall remove, displace, break or change any sign or
light or signal set up or placed in any street or public place as
a warning of danger, or indicating an excavation or obstruction, or
showing that any street or public place is closed to traffic. No person
shall, between the hours of sunset and sunrise, extinguish any light
used for any of the purposes set forth in this section.
[R.O. 1951, Ch. 26, § 19]
No person shall open any manhole, or remove the cover thereof,
unless such opening shall be guarded by a guardrail, and shall be
so marked both day and night as to be plainly seen at a distance of
fifty feet. The guard rail shall be maintained as long as the manhole
shall remain opened or uncovered.
[R.O. 1951, Ch. 26, § 21; amended by Ord. No. 3867, 3-22-2005, § 1]
(a)
No person shall ride, drive or pass over or along any sidewalk with
horses, wagons, carts, carriages, automobiles, motor trucks, motorcycles,
motor scooters, motorized bicycles, motorized skateboards or bicycles.
This section shall not prevent the use of driveways or the crossing
of a sidewalk at right angles for the purpose of entering upon property.
In such case the curb and the sidewalk shall be protected in a manner
approved by the Township Engineer.
(b)
Operation of motor scooters.
(1)
MOTOR SCOOTER
MOTORIZED SKATEBOARD
MOTORIZED WHEELCHAIR
Definitions. As used in this section, unless another meaning
is clearly apparent from the language or context, or unless inconsistent
with the manifest intention of the Council, the following terms shall
have the meanings ascribed to them:
A scooter that is powered by a motor having a maximum piston
displacement of less than 50 cc. or an electric drive motor, is capable
of a maximum speed of no more than 25 miles per hour on a flat surface
and is not registered with the New Jersey Motor Vehicle Commission
for use on the public highways of this state as a motorcycle; provided,
however, that, for purposes of this section, "motorized scooter" shall
not be construed to include a motorized wheelchair.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A skateboard that is propelled otherwise than by muscular
power.
Any motor-driven wheelchair utilized to increase the independent
mobility in the activities of daily living of an individual who has
limited or no ambulation abilities, and includes motorized scooters
manufactured specifically for such purposes and designed primarily
for indoor use.
(2)
Operation of motor scooters.
a.
No person shall operate a motorized scooter or motorized skateboard
upon any public street, highway or sidewalk.
b.
No person shall operate a motorized scooter or motorized skateboard
upon any public property or lands.
c.
No person shall operate a motorized scooter or a motorized skateboard
on the property of another without the consent of the owner of that
property or the person who has a contractual right to the use of that
property.
[R.O. 1951, Ch. 26, § 20]
No person shall coast upon any street unless such street or
the portion thereof used for coasting is closed to vehicular traffic.
[R.O. 1951, Ch. 26, § 23]
The Township Engineer may close any street or public place or
section thereof to public traffic for the purpose of repairing, constructing
or reconstructing the same. The Township Council may by resolution
designate certain streets or portions thereof upon which coasting
will be permitted at certain times of the day, and may direct that
such street or portion thereof shall be closed to vehicular traffic
during such hours. When any street or public place or portion thereof
is closed, there shall be a sign at the end of the portion closed,
plainly visible to approaching traffic, reading substantially as follows:
"street closed — passing forbidden." No person shall
drive or cause to be propelled any vehicle over such street or portion
thereof so closed and marked. For the purpose of this section, a sleigh
or sled used for coasting shall not be construed to be a vehicle.
[R.O. 1951, Ch. 26, § 15]
No person shall organize or conduct or assist in the organization
or conduct of any parade upon any of the public streets or public
places without obtaining a permit therefor from the Township Clerk.
The Township Clerk shall not issue any such permit until an application
therefor shall have been submitted to the Township Council at a regular
or special meeting, and permission for such parade shall have been
granted and a permit authorized by a resolution of the Township Council.
[1]
Editor's Note: For state law as to authority of Township to
regulate parades and processions, see N.J.S.A. § 40:67-1.
[R.O. 1951, Ch. 26, § 24; amended by Ord. No. 3715, 5-28-2002, § 1; Ord. No. 3782, 10-7-2003, § 1]
(a)
No person shall place or erect any electric light, telegraph, telephone
or other pole in or upon any street or public place, except pursuant
to permission granted by a resolution adopted by the Township Council.
(b)
No electric light, telegraph, telephone or other pole shall be placed
or erected on any street or public place unless such pole shall be
straight and neat in appearance. No wires shall be run or strung upon
any pole at a distance less than 18 feet from the ground.
(c)
Communications facilities franchise.
(1)
Pursuant to the provisions of N.J.S.A. 48:17-10, N.J.S.A. 48:17-11
and N.J.S.A. 48:17-12, permission and consent is hereby granted to
Verizon New Jersey, Inc. (the "company"), its successors and assigns,
to install, operate, inspect, maintain, repair, replace and remove
its communications facilities and other transmission or process equipment,
including underground facilities, such as conduits, manholes, cables,
wires and all other facilities appurtenant thereto, and aboveground
facilities, such as cables, wires, antennas, poles, posts, supports,
guys, pedestals, cable termination and distribution cabinets and all
other facilities appurtenant thereto, in, through, upon, along, over,
under and across all of the various public streets and ways, which
include the roads, avenues, rights-of-way, sidewalks, highways, bridges,
waterways, and other public places, and parts thereof, throughout
their entire length, and to effect the necessary street openings and
lateral connections to curb poles, property lines and other facilities
in the Township of Teaneck (the "Township") for said company's local
and through lines and other communications facilities in connection
with the transaction of its business. In the event that any public
street or way where the company has facilities is vacated by the Township,
the Township agrees to reserve unto said company the rights granted
the company by the present ordinance.
(2)
All poles, posts, pedestals, cabinets or other facilities shall
be located and placed back of the curblines where shown on the Official
Map(s) of the Township; the poles and posts, however, shall be located
within 18 inches of the face of such curbline or as may otherwise
be mutually agreed by both parties, or at the points or places now
occupied by the poles, posts, pedestals, cabinets or other facilities
of the company, its successors' assigns and, where there are no curblines,
at other convenient points or places in, upon, along, adjacent or
across the public street and ways as may be mutually agreed upon between
the parties.
(3)
The company may bury its local and through communications facilities
such as cables, conduits, manholes and associated equipment, fixtures,
process equipment and appurtenances within the right-of-way of the
various public streets and ways and at such locations as shall be
mutually agreed upon by the parties for said company's local and through
lines and communications facilities. Underground conduits and associated
facilities, as aforementioned, shall be placed at least 18 inches
below the surface of said public streets and ways and, with the exception
of lateral branches to curb poles and property lines and other facilities,
the same shall generally not be constructed more than 10 feet from
the curbline, unless obstructions make it necessary to deviate from
such course or unless the parties mutually agree to another location.
Manholes shall be located at such points along the line of underground
conduits as may be necessary or convenient for placing, maintaining
and operating the facilities, as aforementioned, which the company
may from time to time use in connection with its underground conduit
system and shall be so constructed as to conform to the cross-sectional
and longitudinal grade of the surface so as not to interfere with
the safety or convenience of persons or vehicles.
(4)
Before proceeding with any new construction or relocation work
in an area covered by this subsection, the company shall give prior
notice, in writing, thereof to the Township, through its designated
representative, of its intention to perform such work. The company
shall obtain such street opening or excavating permits as may be lawfully
required by any applicable ordinances regulating such openings or
excavations. Any such area affected by the company in constructing
its facilities shall be restored to as good condition as it was before
the commencement of work thereon. No public streets or ways shall
be encumbered for a period longer than shall be reasonable to execute
the work. Such restoration shall be subject to the approval of the
Township of Teaneck after an inspection by its authorized representative
upon completion of the work.
(5)
The company agrees to indemnify and save harmless the Township
from and against all claims and liabilities resulting from any injury
or damage to the person or property of any person, firm or corporation
caused by or arising out of road conditions resulting from any negligent
or faulty excavations, installation or maintenance connected with
the work or equipment of said company, and not attributable to the
fault or negligence of the Township, except that if such injury or
damage shall be caused by the joint or concurring negligence or fault
of the company and the Township, the same shall be borne by them to
the extent of their respective fault or negligence.
(6)
Whenever a curbline shall be established on streets where one
does not now exist or where an established curbline shall be relocated
in order to widen an existing street in conjunction with road construction
being performed by the Township, the company shall change the location
of its aboveground facilities covered by this subsection in accordance
with applicable law so that the same shall be back of, and adjacent
to, the new curbline so long as the Township has acted in accordance
with applicable law and with reasonable care in establishing the new
curbline and providing notice thereof.
(7)
Any company or corporation having legal authority to place its
facilities in the public streets and ways of the Township may jointly
use the company's poles, posts, pedestals or other structures for
all lawful purposes, provided the company consents to such use on
terms and conditions acceptable to the company and not inconsistent
with provisions of the present ordinance.
(8)
The company shall provide, without charge, space on its poles
so long as said poles are occupied by the company and space in its
main conduits existing on the date of passage of this subsection,
but not exceeding one duct of standard size, for the sole benefit
of the Township during the pendency of this subsection. Such space
shall be provided for the exclusive use of the Township, which use
shall be limited to accommodating the wires or electrical conductors
required for one-way signal control in connection with municipal police
patrol, fire alarm signal control and traffic signal control systems
only, but for no other uses or purposes, either alone or in conjunction
therewith; nor for circuits for the supply of electrical energy for
traffic or other signals; nor for wires, conductors, cable or the
equivalent which provide a means of transmitting any signal to a private,
commercial or residential location, and which is normally provided
by a nongovernmental supplier; provided, further, that no such use
or attachment by the Township shall interfere with the plant or facilities
of or use thereof by the company. All costs or expenses incurred by
the company in connection therewith shall be paid by the Township.
It shall be the obligation of the Township to attach its wires to
the poles or place its electric conductors in the conduits or manholes
of the company, provided that before proceeding with said work, either
by itself or by a person, firm or corporation engaged to perform such
work, the Township shall give the company 30 days' prior notice in
writing. All such work shall be performed under the supervision of
said company. The Township will indemnify and save harmless the company
from and against all claims, liabilities or demands arising in any
manner in connection with the Township's wires or facilities or their
installation, maintenance, operation or removal, or the Township's
use or enjoyment of the company's plant or facilities provided under
this Subsection (c)(8).
(9)
If any or all of the said streets or ways are later taken over
by the County of Bergen or the State of New Jersey, such county or
state shall have such rights and privileges and be subject to the
same terms, conditions and limitations of use as apply herein to the
Township; provided, however, that satisfactory prior arrangements
as may be necessary are made with the Township and company for the
full protection of the respective interest of each.
(10)
The term "Township" as used in the subsection, shall be held
to apply to and include any form of municipality or government into
which the Township or any part thereof may at any time hereafter may
be changed, annexed or merged.
(11)
The permission and consent hereby granted shall apply to and
cover all communications facilities of the company existing at any
time and related structures, process equipment and appurtenances heretofore
or hereafter erected, constructed, reconstructed, removed, located,
relocated, replaced, maintained, repaired or operated by the company,
its predecessors, successors or assigns within the Township. This
subsection shall cancel and supersede all prior consent ordinances
between the Township and the company regarding the subject matter
hereof.
(12)
The company shall maintain its property within the Township
and shall comply with applicable law for the provision of safe, adequate
and proper service at just and reasonable rates and safeguard the
public interest in continuous and uninterrupted service within the
Township.
(13)
The company shall pay the expenses incurred for advertising
required in connection with the passage of this subsection, after
the date of its first reading, within 30 days after the company has
received a bill for said advertising from the publisher. Following
final passage of this subsection, the Township Clerk shall provide
the company with written notice thereof by certified mail. As provided
by applicable law, this subsection, and any subsequent amendments,
shall not become effective until acceptance thereof by the company
and approval thereof by the Board of Public Utility Commissioners.
(14)
Following passage of this subsection and acceptance thereof
by Verizon New Jersey Inc., the permission and consent granted herein
shall continue and be in full force and effect for a period of 20
years from the date of its approval by the New Jersey Board of Public
Utilities as required by law. However, prior to the expiration of
this subsection, either the Township or the company may, with the
agreement of the other, seek such changes herein as may be necessary
and reasonable time to time. Verizon New Jersey Inc., for itself,
its successors and assigns, agrees to maintain its property within
the Township of Teaneck for good order throughout the full term of
the present ordinance; shall furnish safe, adequate and proper service
within the Township of Teaneck at just and reasonable rates; and,
at and after expiration of the term of the present ordinance, to safeguard
the public interest in continuous and uninterrupted service within
the Township of Teaneck.
(15)
Nothing herein contained shall be construed to grant unto said
Verizon New Jersey Inc., its successors and assigns, an exclusive
right, or to prevent the granting of permission and consent to other
companies for like purposes on any of the streets, roads, avenues
or highways of the Township of Teaneck.
