[Adopted 12-23-1955 by Ord. No. 470]
[Added 5-26-1992 by Ord. No. 92-8]
As used in this article, the following terms shall have the meanings indicated:
- BOROUGH RIGHT-OF-WAY
- All land within the Borough of Westwood designated on the Official Map of the Borough of Westwood as a public right-of-way for streets and, more particularly, being that area most commonly 50 feet in width within which public streets and sidewalks are, or are intended to be, constructed.
- A paved area between the edge of a street, road or highway and the nearest boundary of the right-of-way within which said street, road or highway is situated and used or intended to be used for pedestrian traffic.
- STREETS, ROADS and HIGHWAYS
- Public thoroughfares constructed within Borough rights-of-way and comprising that paved area intended for travel or parking of motor vehicles.
[Amended 5-26-1992 by Ord. No. 92-8]
Except as permitted herein, it shall be unlawful for any person, firm, partnership or corporation to obstruct or to permit the obstruction of any portion of any street, road, highway or sidewalk within the Borough of Westwood. It shall also be unlawful for any person, firm, partnership or corporation to erect or place any structure, fence or wall within a Borough right-of-way without the express written permission of the Mayor and Council of the Borough of Westwood or its duly authorized agent. A sidewalk shall be deemed to be obstructed if any item is placed so as to prevent its entire width or a ten-foot-wide walkway, whichever is less, from being used for the unimpeded passage of pedestrian traffic. This provision shall not be used, however, to condone the outdoor display of merchandise or any other activity unless specifically permitted by some other section of the Westwood Code. The placing of any item within a street, avenue or roadway which would interfere with the unimpeded use of said street, road or highway in the Borough of Westwood shall constitute an obstruction. Notwithstanding the foregoing, no structure or fixture shall be constructed upon any portion of a sidewalk without written permission of the Mayor and Council of the Borough of Westwood.
[Added 5-26-1992 by Ord. No. 92-8]
The Mayor and Council of the Borough of Westwood may, by duly adopted resolution, suspend the operation of § 330-21 in whole or in part as to any particular street, road, highway, sidewalk or right-of-way within the Borough of Westwood for time periods not to exceed 24 hours in duration. Any person wishing to apply for permission to hold a street fair or similar activity necessitating the suspension of § 330-21 shall apply to the Borough Clerk not less than 30 days in advance of said event and pay the following prescribed fees:
As a condition of granting any such permit, the Mayor and Council may require a reasonable deposit to defray the cost of cleaning up the street and may also require a certificate of insurance naming the Borough of Westwood as an additional insured, in such amount as the Borough Administrator may reasonably prescribe, depending upon the nature of the event.
Any person receiving a permit pursuant to this section shall carry said permit on their person at all times that the street or sidewalk is obstructed and shall, on request, display same to any duly authorized representative of the Borough of Westwood. In the event that a street fair includes multiple activities, such as food concessions, amusements or multiple vendors of merchandise, each such vendor or participant shall be separately listed on the permit and given a copy thereof to display upon request. It shall be permissible for an organization to supply one certificate of insurance and make one application covering multiple participants, provided that all such participants are named on the application and the certificate of insurance specifically extends coverage to all such participants.
The provisions of § 330-21 shall not be construed to prevent the obstruction of any sidewalk when the same is being constructed, reconstructed, repaired or when any lawful building operation is taking place adjacent to said sidewalk; provided, however, that, in any such event, the written permission of the Building Inspector of the Borough of Westwood shall first be obtained in order to permit the temporary obstruction of such sidewalk. The provisions of § 330-21 hereof shall not be construed to prevent the obstruction of any sidewalk when any lawful loading or unloading operation is taking place, which requires its temporary obstruction, or when any emergency requires that the same be obstructed temporarily.
It shall be unlawful for any person, firm, partnership or corporation to throw, deposit, scatter, sweep, or permit to be thrown, deposited, scattered or swept upon any sidewalk, street, alley, bridge or public passageway, or upon any private property any waste, paper or other material of any kind.
Anyone who shall violate any of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Borough of Westwood. Every day during which said violation continues shall be deemed to be a separate and distinct violation of this article.