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Township of Maplewood, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 5-15-2007 by Ord. No. 2404-07[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III, Excavations by Utilities, adopted 12-3-1974 by Ord. No. 1438 as Section 9-2 of the 1974 Revised General Ordinances, as amended, and redesignated former Art. IV, which consisted of §§ 239-19 to 239-22, as Art. III.
[Amended 2-17-2015 by Ord. No. 2769-15; 6-8-2016 by Ord. No. 2813-16]
A. 
"Public right-of-way" shall mean, for this section, all dedicated streets, allies or common means of communication, travel or drainage and an area 10 feet from the street curb measured to the adjacent property.
B. 
No person shall encumber or obstruct or shall authorize the encumbering or obstructing of any street, highway, alley, public right-of-way (as herein defined), alley or other place in the Township by erecting, depositing, placing or leaving or suffering to be erected, deposited, placed or left therein any building materials, stone, dirt, refuse, ashes, vehicles, structures, obstructions or any articles, materials or things, whatsoever, without first having obtained the written permission of the Township.
C. 
Notwithstanding the foregoing, temporary sports equipment may be placed within the grass median strip adjacent to the curb of the resident or homeowner placing the temporary sports equipment on a temporary basis from March 21 to December 31 of each year. Any temporary sports equipment left in the right-of-way, other than as permitted herein, shall be removed, at the owner's expense, by the Township, after a warning notice has been issued of the infraction.
D. 
Under no circumstances may the use or positioning of the temporary sports equipment impede the flow of vehicular or pedestrian traffic or emergency Township operations.
Whenever any person or persons shall erect, deposit, place or leave any materials, articles, structures, vehicles or encumbrances in or shall in any manner encumber or obstruct any street, highway or other public place in the Township after a permit therefor has been granted, as provided in § 239-28 of this article, the material, article, structure, vehicle or encumbrance shall be protected by a railing by day and lighting shall be provided on each approach to the material, article, structure, vehicle or encumbrance consisting of warning lights as required by Section 6F.78 of the 2003 edition of The Manual on Uniform Traffic Control Devices and shall be kept lighted from 1/2 hour after sunset until 1/2 hour before sunrise in such a manner as to prevent accidents to travelers on the streets or highways, under penalty of a fine not to exceed $1,000 for each and every violation of this article and an additional fine of $400 for each and every 24 hours after the first day during which the provisions are not complied with.
Any person who shall place, erect, deposit or leave any materials, articles, structures, vehicles or encumbrances in or who shall in any manner encumber or obstruct any street, highway or other public place, either with or without a permit therefor, shall, upon notice from the Township Clerk, remove the same within the time specified in the notice. The notice may be served personally upon the person by or under whose authority the materials, obstructions or encumbrances were placed in the highway or upon the owner of the premises in front of which the material, obstruction or encumbrance is placed or by mailing the same to his, her or their or either of their post office addresses, if the same be known, or by affixing a copy of the notice upon or near the obstruction.
Upon the failure of any person to comply with the requirements of the notice within the time specified, the Township Clerk may proceed to remove the obstruction, materials or encumbrance at the cost or expense of the person, to be recovered by an action at law against any or all of the persons in such manner as may be lawful. Any article or material which may be removed by the Township Clerk as provided by this article may be advertised and sold by the Clerk at the end of 20 days after the removal, unless the same shall be sooner reclaimed and the penalty and costs paid by the owner thereof, and the proceeds of the sale, after deducting the penalty and costs, shall be paid to any person furnishing satisfactory proof of ownership.
[Added 3-17-2015 by Ord. No. 2773-15]
A. 
"Open house" signs may be placed in the grass area between the sidewalk and street or, in the absence of a sidewalk, within three feet of the curb adjacent to the subject property on the day of the open house.
B. 
All other signs are prohibited from being placed within the public right-of-way, as defined in Code § 271-3.