No person shall suffer or permit any obstruction
or encroachment upon a public street or sidewalk or other public property
or public right-of-way without first obtaining a permit therefor and
the payment of the required fee therefor.
Permits may be issued by the Building Department
of the Borough of Maywood upon the approval thereof by the Mayor and
Council to the owners of real property abutting the sidewalk or public
right-of-way for which the obstruction or encroachment is sought.
The tenant or occupant of the property may also apply for such permit,
provided the owner of the property consents in writing and agrees
to be bound by the terms and conditions respecting the issuance of
the permit.
The permit shall be revocable by the Borough
of Maywood at any time, with or without cause. Upon revocation of
such permit, the permittee shall cause the encroachment to be removed
within 30 days of such revocation. In the event that the permittee
fails to remove said encroachment within said time period, the Borough
of Maywood shall be authorized to remove said encroachment and to
charge the cost thereof to the permittee. In addition, the permittee
shall reimburse the Borough of Maywood for all costs incurred in connection
therewith, including costs of suit and reasonable attorneys fees to
enforce the provisions hereof. In addition, the Borough of Maywood
may charge such costs against the real property of the owner and collect
same in the same manner as real estate taxes. Unless sooner revoked,
permits issued hereunder shall take effect upon issuance, but no earlier
than May 1 of the year in which they were issued, and shall expire
no later than October 25 of the year in which they were issued.
The permittee shall furnish to the Borough of
Maywood a certificate of insurance, naming the Borough of Maywood
as an additional insured, in an amount not less than $1,000,000 and
containing a provision whereby such insurance policy shall not be
canceled unless and until the Borough of Maywood receives written
notice thereof at least 30 days prior to such cancellation. In the
event such insurance shall be terminated or lapse for any reason,
the permittee shall immediately remove said encroachment unless, prior
to such termination or lapse, a substitute insurance certificate is
furnished to the Borough of Maywood.
The permittee shall indemnify and hold harmless
the Borough of Maywood, its officers, agents and employees, from any
and all claims for damages or liability in any way arising from the
grant of the within permit or by reason of such encroachment, including,
but not necessarily limited to, the cost of defending any such action
for damages, including reasonable attorneys fees.
Any person requesting a permit shall submit
an application therefor setting forth the following information:
A. The name, address and telephone number of the person
requesting the permit.
B. The name, address and telephone number of the owner
of the real property abutting the sidewalk or public right-of-way
for which the permit is sought.
C. A written description of the obstruction or encroachment
for which a permit is requested.
D. The duration for which the permit is requested.
E. A survey of the abutting property showing the building
and structures located thereon, the adjoining sidewalk and public
right-of-way, the location of the curbline, existing obstructions
(e.g., bollards, parking and traffic signs, trash receptacles, planters,
benches, etc.). The survey shall also include measurements respecting
the width of the sidewalk, the distances between all existing obstructions
and the adjoining building, the location of the proposed obstructions,
and the distance between the proposed obstructions and the existing
building and existing obstructions.
Any person applying for a permit shall submit with the application a fee as indicated in Chapter
169, Fees, such other amount as may be hereafter established by ordinance of the Borough of Maywood.
Any person who violates the provisions of this
Part 3 shall, upon conviction thereof, be subject to a fine, not exceeding
$1,000 per violation hereof, or imprisonment for a term of 90 days,
or both.
[Added 6-18-2009 by Ord. No. 15-09]
As used in article, the following terms shall have the meanings
indicated:
NONMOTOR VEHICLE
Any device without motor power designed to be towed, drawn
or carried by a motor vehicle.
PUBLIC PLACE
Any and every public ground, public square, public park,
public street, public sidewalk and public thoroughfare of any kind,
public right-of-way and every other place within the Borough of Maywood
which is within the jurisdiction and control of the Borough of Maywood.
Except as otherwise permitted or required by ordinance or other
law, no person shall encumber or obstruct, or cause to permit to be
encumbered or obstructed, any public place through the parking or
placement of an obstruction or encumbrance without having first obtained
a permit therefor.
Any person violating any provision of this article shall be
subject to a fine of not less than $100 nor more than $1,000 or imprisonment
for a term not in excess of 90 days, or both. A separate offense shall
be committed on each day during or on which a violation occurs or
continues.