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 curb line and property line.[R.O. 1951, ch. 26, § 1; Ord. No. 3106, 11-10-1987, § 1.]
[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.
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 cessationof the fall thereon:
Cedar Lane. Between Broad Street and Anderson Street Bridge.
Palisade Avenue. Between Court Street and the northerly cubline of the Plaza (east/west).
Queen Anne Road. Between Fort Lee Road and Highwood Street.
Teaneck Road. Between Fycke Lane and Tryton Avenue.
The Plaza (east/west). Between the Plaza (north/south) and Palisade Avenue.
The Plaza (north/south). Between Court Street and State Street.
W. Englewood Avenue. Between the Plaza (north/south) and Palisade Avenue.
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.
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.
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.
It shall be the responsibility of the owner or tenant of property at street corners and mid-block 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 mid-block crosswalks to the plowed section of the street to allow pedestrians access from the sidwalk to theplowed protion of the street.
[R.O. 1951, ch. 26, § 2; Ord. No. 3102, 6-23-1987, § 1; Ord. No. 3409, 11-29-1994, §§ 1 and 2; Ord. No. 3452, 3-26-1996, § 1.]
[R.O. 1951, ch. 26, § 3; 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 Section 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 mpediments 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.]
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.
The Township Council shall, upon receiving a certificate of cost from the Township Engineer, pursuant to section 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, weekds, 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.
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.
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.
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.
[R.O. 1951, ch. 26, § 14.]
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 five dollars. 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 guard rails 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 guard rail, 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.
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.
Operation of motor scooters.
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:
- MOTOR SCOOTER
- 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 Director of the Division of Motor Vehicles in the Department of Transportation 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.
- MOTORIZED SKATEBOARD
- A skateboard that is propelled otherwise than by muscular power.
- MOTORIZED WHEELCHAIR
- 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.
Operation of motor scooters.
No person shall operate a motorized scooter or motorized skateboard upon any public street, highway or sidewalk.
No person shall operate a motorized scooter or motorized skateboard upon any public property or lands.
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 close, plainly visable 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.
Editor's Note: For state law as to authority of Township to regulate parades and processions, see N.J.S.A. § 40:67-1.
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.
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.
Communications facilities franchise.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
[R.O. 1951, ch. 26, § 24; Ord. No. 3715, 5-28-2002, § 1.]