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Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 5-18-2010 by Ord. No. 2010-12]
The purpose of Article VI is to set forth a procedure whereby residents may apply for and receive permission to close specified streets during specified hours in order to accommodate block parties, or similar community celebrations or events on Borough streets.
Whenever used in this article, the following terms shall have the following meanings:
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing municipal roadway, which is shown upon a plat heretofore approved pursuant to law, which is on a plat duly filed and recorded in the office of the county recording officer or which is approved by official action as provided by the Borough Code, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
No person or persons, association, firm or corporation shall cause or permit a Borough street to be closed for the purpose of conducting a street fair, sidewalk sale or block party without first having procured permission from the Mayor and Borough Council, or its designee.
The Mayor and Council shall not consider any application for the closing of a Borough street unless and until the person or persons, association, firm or corporation requesting such permission shall first file with the Borough Clerk an application requesting such permission, stating the location of the proposed street closing and the period of such closing, which period shall not exceed 48 continuous hours, together with the purpose of such street closing and the name, address and telephone number of the individual, group or organization applying for such street closure, together with a map of the street or section thereof to be closed, showing the proposed method of effecting the street closing and the location of the barriers to be used in restricting the flow of vehicular traffic through the closed street. The application may be in the form of a letter with appropriate attachments as may be necessary. Said application shall be reviewed by the Chief of Police or his designee, for purposes of public safety and traffic flow, and a recommendation shall be made to the Mayor and Council.
If, after examining the application and the map provided for in § 205-36 hereof, the Mayor and Council shall be of the opinion that the proposed street closing will not create conditions inimical to the public health, welfare and safety, permission to close the street shall be granted. Such permission shall be effective for a period of time not to exceed 48 continuous hours.
If permission to close the street shall be granted, the person or persons, association, firm or corporation requesting such closing shall conduct the operation so that there shall be minimum inconvenience to the general public, including providing written notice to all owners of property fronting on the portion of the street to be closed, and in such a manner that, upon the expiration of the permitted street closing period, such street is reopened free of any debris, refuse or other material interfering with the safe and free passage of pedestrians and vehicles.
Each applicant, prior to receipt of a permit, shall provide the Borough with a certificate or certificates of insurance indicating to the satisfaction of the Borough that policies of the general liability insurance and excess umbrella liability insurance have been issued and are in force at the time of the street closing. Said policy or policies shall contain limits of liability in an amount to be determined by the Mayor and/or Borough Administrator at the time permission is granted for the street closing. The Mayor and/or Borough Administrator may waive the provisions and requirements of this section when deemed appropriate.
It shall be the duty and responsibility of any applicant to agree to save the Borough, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of the street closing. The acceptance of any permit under this article shall constitute such agreement whether the same is expressed or not.
Any person or persons, association, firm or corporation violating any of the provisions of this article shall be subject to a fine as set forth in § 1-17 of this Code, as may be imposed by the Municipal Court, in its discretion. Each day that such violation exists shall constitute a separate offense.