[Adopted by the Board of Commissioners of
the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. V of Ch. 192
of the 1979 Code]
As used in this article, the following terms
shall have the meanings indicated:
All personal property other than refuse set out for collection
by the Department of Community Services.
[Amended 6-15-2004 by Ord. No. 04-34]
Any public street, avenue, highway, esplanade, boulevard,
parkway or square or any part thereof, including all lands between
property lines on each side thereof.
The provisions of this article shall not be
construed to apply to any person performing work on any street under
contract with the Township.
Nothing in this article shall be deemed to refer
to or affect the parking of vehicles in any street of the Township.
Except where permitted by other ordinances or
by rules and regulations of the Township, no person shall encumber
or obstruct any street or sidewalk in the Township with any material,
or cross any sidewalk or curb with any vehicle, without first having
secured a permit to do so as hereinafter in this article provided.
All permits authorized by this article shall
be issued by the Building Subcode Official.
No permit under this article shall be issued
until the person applying therefor shall have first filed an application
with the Building Subcode Official and shall have complied with the
requirements of this article for deposits and fees.
The application for a permit under this article
shall set forth:
A.
The name of the applicant.
B.
The address of the applicant for the purpose of receiving
notices or other communications from the Township or its officers
and agents.
C.
The date to which the applicant desires the permit
to run.
D.
The character of the material which the applicant
desires to store on the streets.
E.
The location at which materials are to be stored or
the curb or sidewalk is to be crossed.
F.
An agreement to guard safely the material placed on
the street and to light the property at night, as required by this
article, and to assume all responsibility for guarding and lighting.
G.
An agreement to abide by the terms of this article
and all other ordinances of the Township and the rules and regulations
of the Department of Community Services.
[Amended 6-15-2004 by Ord. No. 04-34]
H.
An agreement to reimburse the Township, its successors,
assigns, officers, servants and employees for any damages it or they
may be required to pay by reason of such deposit of material on any
street or such crossing of any sidewalk.
A.
Before any permit is issued under this article for
the storage of materials, the applicant therefor shall pay, as a fee
for inspection, to the Building Subcode Official the sum of $5 for
each and every month or fraction thereof during which said material
is to be so stored.
B.
An applicant for a permit for crossing curbs and sidewalks
shall pay, as a fee for inspection, the sum of $1, unless said applicant
has obtained a permit for the erection, alteration or repair of a
structure on the abutting premises.
A.
Before any permit is issued under this article for
crossing curbs and sidewalks, the applicant therefor shall deposit
with the Building Subcode Official the sum of $25. No interest shall
be allowed or paid thereon.
B.
The deposit shall not be returned until the crossing
of said curbs and sidewalks has ceased and it appears that no damage
has been done.
C.
If at any time during the life of the permit or after
its expiration an inspection discloses damages to the curb or sidewalk,
the Building Subcode Official may give notice to the person holding
the permit hereunder to commence the work of repairing or restoring
the same within three working days after delivery thereof. If said
person refuses or neglects to so do within the specified time and
to prosecute the work with diligence, then the Building Subcode Official
may have repaired or restored the damaged parts and charge the cost
against the deposit. Such cost shall be computed by the Building Subcode
Official.
D.
As soon as such cost is ascertained, the Building
Subcode Official shall deliver or cause to be delivered a notice at
the address of the person holding such permit for the crossing of
such curb or sidewalk, stating the amount of such charges. If such
charges exceed the amount of the deposit, the holder of the permit
shall pay to the Building Subcode Official the excess charges. No
other permit under the provisions of this article shall be issued
to the party against whom the charges are due until the excess charges
are paid. The balance of the deposit, if any, at the expiration of
the permit shall be repaid to the person holding such permit.
Any permit issued under this article may be
extended in duration, and where originally issued only for storage
of material or for crossing curbs and sidewalks, may be made to include
both.
Whenever a permit for the storage of materials
is issued to any person applying therefor, said materials stored upon
the street shall in no case occupy any portion thereof lying more
than 10 feet beyond the curbline, nor shall said material at any time
be stored upon the sidewalks or along the curbs, which must at all
times be kept open and unobstructed.
No mortar, concrete or similar matter shall
be mixed or placed upon the surface of any street or sidewalk of the
Township.
Whenever materials are deposited or placed upon
any Township streets under a permit issued pursuant to this article,
the person holding said permit shall place red warning lights at suitable
points upon or near said obstructions and shall keep the same lighted
during the period from 1/2 hour after sunset until 1/2 hour before
sunrise.
No person to whom a permit shall have been issued
therefor shall cross with vehicles any curbs or sidewalks without
first properly protecting same in a manner approved by the Building
Subcode Official. Any person who crosses with a vehicle any curb or
sidewalk without protecting the same as herein required shall be liable,
upon conviction, to a penalty as provided in this article.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.
