[Adopted 7-20-1914 by Ord. No. 9-1914]
[Amended 10-30-1977 by Ord. No. 29-1972; 8-20-1987 by Ord. No. 8715; 5-26-1994 by Ord. No. 9410; 7-27-1995 by Ord. No.
9514; 4-22-1999 by Ord. No. 9908; 8-2-2007 by Ord. No. 2007-11; 11-20-2008 by Ord. No. 2008-18; 5-27-2021 by Ord. No. 2021-08]
A.
No person or persons shall deposit, place, display, exhibit or offer
for sale his, her or their goods, wares or merchandise upon the streets,
boardwalk, highways or sidewalks of Ventnor City so as to obstruct
the free and uninterrupted passage of persons over and along the full
width of the streets, highways, boardwalk and sidewalks of Ventnor
City; provided, however, that this section shall not apply to the
sale of newspapers on metal or wooden stands in commercially zoned
areas, provided that such stand does not interfere with the safe flow
of pedestrian traffic. Any such stand shall be attached to and made
a part of the building structure and shall not extend or encroach
further than two feet into any of the above-stated areas.
B.
No person or person shall deposit or place any bench, seat, chair,
stool, table, or any other article of similar nature in or along a
public easement or sidewalk, except as follows:
(1)
Benches, seats, stools, tables and clothing racks may be placed in
or along the public easement sidewalk area only under the following
conditions and requirements:
(a)
For restaurant or food retail uses, benches, tables, chairs
seats or stools shall be placed as to provide a three-foot-wide path
of travel for pedestrian movement. For non-food-related commercial
operations, no clothing tacks, folding tables or other outdoor goods
displayed will be permitted more than four feet from the face of the
building. No cardboard boxes will be permitted at any time.
(b)
The public easement areas permitted to be occupied shall only
be within the sidewalk areas of streets in front of an already mercantiled
commercial operation. For restaurants on corner lots, occupation of
the sidewalk area will be permitted along both of the street frontages.
For those businesses having corner lots along Ventnor, Atlantic or
Dorset Avenues, no tables and/or chairs will be permitted along any
intersecting street sidewalk area.
(c)
Benches, seats, stools, tables and clothing/retail goods displays
may not be placed within the public easement area prior to 7:30 a.m.
and must be completely removed not later than 11:00 p.m. daily. No
occupation of the public easement area will be permitted at any time
when the business is closed.
(d)
Occupation shall only be permitted in front of and for the same
width as established for the adjacent business.
(e)
All commercial operators must already have a valid mercantile license for the enclosed and adjacent commercial business. In submission of the mercantile license for the restaurant/retail food operation, a seating and table chart must be submitted for review and approval with the commercial mercantile license. Failure to comply with the approved seating and table chart shall constitute a violation in accordance with § 197-14A. Non-food-related retail sales shall not be required to submit a seating and table chart.
(f)
A copy of the approved mercantile license along with the approved
seating chart must be placed and maintained in the window of the business
and visible from outside of the building structure for enforcement
purposes.
(g)
For restaurant/food operators, no waiting lines will be permitted to occupy any portion of the clear and open area as described in Subsection B(1)(a) above.
(h)
The property owner or lessee shall provide to the Municipal
Clerk an all risk liability policy in an amount not less than $500,000
with the City of Ventnor as additional named insured. Said policy
shall remain in effect for the duration of the occupation.
(3)
The mercantile holder is hereby noticed that use of the public right-of-way under this section is being granted as a privilege and not as a right. Therefore, failure to comply with any of the above subsections within this section can result in rescission of the mercantile license and prohibition from further occupation of the public right-of-way, in addition to the penalties as stated in § 197-14.
C.
No public telephone or telephone booth shall be located at any private
property or commercial establishment within the City of Ventnor unless
said telephone or telephone booth is located within the primary structure
located on said property or establishment. This subsection shall not
apply to commercial properties located in any Design Commercial Zone
within the City of Ventnor. Public telephones owned or operated by
the City of Ventnor are not subject to regulations herein before stated.
D.
All trash and debris created by outdoor dining shall be disposed
by owner/operator of said establishment and not placed in municipal
trash receptacles.
No person or persons shall cause or permit any
car or wagon or other vehicle to be so filled or loaded with manure,
sand, earth, mud, clay, rubbish or other substance in such a manner
that the contents of the car, wagon or other vehicle or any part thereof
shall fall therefrom or be scattered in or upon any street, highway,
the Boardwalk, alley or other public place in said City, while in
transit over the same.
[Amended 10-20-1980 by Ord. No. 8023]
No person or persons shall dump, throw or deposit
any earth, building material, dirt, ashes, papers, advertising matter,
boxes, rubbish or other articles upon the streets, Boardwalk, highways,
sidewalks or other places in the City of Ventnor City, nor shall any
person or persons deposit any of the aforementioned items on any vacant
lot within the City of Ventnor City, New Jersey, whether publicly
or privately owned; provided, however, that this section shall not
apply to the placing of building materials on the driveways of streets
or highways when authorized by permit therefor, and no person shall
distribute any circulars or advertising matter within said City by
placing or throwing or depositing the same upon the porches or within
the yards.
[Amended 8-17-1981 by Ord. No. 8138]
A.
No person shall throw, put, place or suffer his servant
or employees to throw, put, place or deposit in or upon the boardwalk
or any street, highway or sidewalk in said City or upon the grounds
within said City any dead animal, carrion, putrid meat, putrid fish,
entrails or offal of fish or other offensive, putrid or unwholesome
substances or any vegetable matter.
B.
It shall be the obligation of any person or persons,
corporation, partnership or sole proprietor that owns property in
the City of Ventnor City of keep clear of any debris or trash or any
other substances the sidewalk, curb and gutter which abuts any property
they may own.
No person or persons shall obstruct any crosswalk,
approach or crossing across the public streets, highways or sidewalks
in said City by placing or stopping his horse, car, wagon, sleigh,
sled or other vehicle over, upon or across such crosswalk, approach
or crossing or by putting or placing any obstruction or thing upon,
over or across the same so as to prevent the free use thereof by other
persons.
[Amended 6-4-1979 by Ord. No. 7904; 1-21-1988 by Ord. No.
8801; at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
If any person or persons shall violate any of the provisions of § 197-9, 197-10 or 197-13, he or she or they, upon conviction thereof before the Municipal Court Judge, shall be subject to the penalty provisions of Chapter 1, Article II, General Penalty, at the discretion of the Municipal Court Judge. Second offenses of these sections will be punishable by a mandatory fine of $1,000; and either performance of community service for a term not exceeding 30 days or loss of the privilege to continue to occupy the public right-of-way, or both, at the discretion of the Municipal Court Judge. Third offenses shall result in the mandatory loss of the privilege to occupy the public sidewalk for the remainder of the effective mercantile license, in addition to such fines and/or community service obligations provided for under the second offense.
[Amended 11-20-2008 by Ord. No. 2008-18]
B.
If any person or persons shall violate any of the provisions of § 197-11 or 197-12, he or she or they, upon conviction thereof before the Mayor, Municipal Judge or other officer having jurisdiction to hear the same, shall be subject to the penalty provisions of Chapter 1, Article II, General Penalty, at the discretion of the Mayor, Municipal Judge or other officer before whom the same shall be tried. However, second offenses of these sections will be punishable by a thirty-day mandatory imprisonment and a fine left to the discretion of the Mayor, Municipal Judge or other officer before whom the same shall be tried, not to exceed $1,000.
[Amended 1-9-1997 by Ord. No. 9616]
C.
It shall be the duty of the Mayor and Police Department
to enforce the provisions of this article.
