Borough of Berlin, NJ
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2023-06-08
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Part II, General Legislation
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Chapter 246 Property Maintenance
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Article IV Sidewalk Maintenance and Repair
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Administration of Government
- Ch 6 Celebration Advisory Committee
- Ch 7 Claims Procedure
- Ch 8 Community Center, Use of
- Ch 9 Contracts, Public
- Ch 11 Court, Municipal
- Ch 13 Defense and Indemnification
- Ch 16 Business Advisory Committee
- Ch 18 Emergency and Ambulance Services
- Ch 20 Fire Department
- Ch 25 Health, Board of
- Ch 28 Historic Preservation Commission
- Ch 35 Local Assistance Board
- Ch 42 Nepotism
- Ch 46 Officers and Employees
- Ch 47 Open Space Trust Fund
- Ch 49 Personnel Policies
- Ch 52 Police Department
- Ch 55 Political Fund-Raising
- Ch 59 Records, Public Access to
- Ch 61 Retirement
- Ch 62 Salaries
- Ch 64 (Reserved)
- Ch 67 Water Department
- Part II, General Legislation
- Ch 76 Airports
- Ch 79 Alarms
- Ch 80 Key Lock Box Emergency Access System
- Ch 82 Alcoholic Beverages
- Ch 86 (Reserved)
- Ch 89 Animals
- Ch 92 Bamboo and Other Invasive Plant Species
- Ch 98 Boardinghouses, Rooming Houses and Hotels
- Ch 101 Brush, Weeds and Obnoxious Debris
- Ch 105 Buildings and Structures, Dangerous and Unfit
- Ch 111 Buildings, Numbering of
- Ch 119 Checks, Returned
- Ch 129 Construction Codes, Uniform
- Ch 132 Contractors and Sign Erectors
- Ch 136 Criminal Registration
- Ch 140 Curfew
- Ch 148 Drug- and Drunk-Driving-Free Zones
- Ch 150 Disturbing the Peace
- Ch 162 Fire Prevention
- Ch 167 Flood Management Regulations
- Ch 173 Games of Chance
- Ch 176 Garage Sales
- Ch 179 Gas- and Oil-Burning Equipment
- Ch 182 Gasoline Service Stations
- Ch 188 Hazardous Substances
- Ch 190 Lead-Based Paint
- Ch 193 Housing, Affordable
- Ch 197 Insurance
- Ch 207 Littering
- Ch 211 Loitering
- Ch 218 Mercantile Licenses
- Ch 226 Nuisances
- Ch 232 Parking
- Ch 234 Parking Areas, Municipal
- Ch 236 Parks and Recreation Areas
- Ch 237 Nonprofit Organizations
- Ch 238 Precious Metals, Gems and Secondhand Goods, Dealers in
- Ch 241 Peddlers, Solicitors and Canvassers
- Ch 244 Property, Defaulted Mortgage
- Ch 246 Property Maintenance
- Ch 246 Art IV Sidewalk Maintenance and Repair
- § 246-10 Maintenance standards; defense to prosecution.
- Ch 253 Refrigerators, Abandoned
- Ch 256 Rental Properties
- Ch 261 Sewers
- Ch 263 Sex Offender Residency Prohibition
- Ch 266 Shows, Circuses, Carnivals and Amusements
- Ch 268 Signs
- Ch 270 Smoking
- Ch 274 Soil Removal
- Ch 278 Solid Waste
- Ch 282 Sound Trucks
- Ch 284 Storm Sewers
- Ch 285 Stormwater Management
- Ch 287 Streets, Sidewalks and Curbs
- Ch 292 Swimming Pools
- Ch 296 Tattooing, Body Piercing and Body Branding
- Ch 299 Taxation
- Ch 301 Taxicabs
- Ch 306 Towing
- Ch 309 Trailers and Camp Cars
- Ch 315 Vehicles and Traffic
- Ch 320 Vehicles, Unlicensed
- Ch 327 Water
- Ch 332 Youth Programs
- Ch 335 Zoning and Land Use
- Ch 336 Stormwater Control
- Part III, Board of Health Legislation
- Ch 341 General Provisions, Board of Health
- Ch 345 Cannabis and Cannabis Products
- Ch 355 Sanitation
- Ch 358 Sewer Connections
- Appendix
- Ch A365 Cable Television Franchise
- Disposition List
- Ch DL Disposition List
A.
All sidewalks shall be maintained in accordance with the following
standards:
(1)
Fallen snow shall be removed, creating a clear path, within 24 hours
of the creation of the snowfall.
(2)
All sidewalks shall have grass and weed overgrowth removed to the
edge of the walking surface in order to provide the maximum safe passageway
for pedestrians and eliminating tripping hazards.
(3)
Any section of the sidewalk that is cracked, crumbling or substantially
pitted, such that its surface presents an unreasonable tripping or
falling hazard, shall be removed and replaced.
(4)
Any section of the sidewalk that is uplifted such that the edge of
one section is elevated one inch or more over any point of the edge
of an adjoining section of sidewalk shall be removed, repositioned
or repaired in order to remove the tripping hazard.
(5)
No person shall place anything on a sidewalk that would obstruct
safe passage thereon unless such placement is temporary, unavoidable,
the obstruction is clearly marked and visible at nighttime, and a
safe path around the obstruction is provided not requiring travel
into the roadway. Any substance or thing that through force of nature
or man falls upon the surface of any sidewalk and presents a tripping
or slipping hazard shall be removed as soon as is practicable.
B.
It shall not be a defense to a prosecution under this section that
the defect in the sidewalk was caused by natural conditions or by
reason of the condition existing at the time that the premises was
acquired. This section, being concerned with public safety, shall
apply to all conditions that exist at the time of the effective date
of this chapter. However, no action to prosecute for a violation of
an existing defective condition of this section shall be brought earlier
than six months after the effective date of this chapter.
