[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 23, Art. 4, of the 1979 Revised General Ordinances of Paterson]
[Amended 4-28-1998 by Ord. No. 98-035]
A.
Unless otherwise provided in this Code of the City
of Paterson, no person shall:
(1)
Maintain, erect or construct any show window, bay
window, step, stoop, platform, shed, post, pole, fence, gate, railing,
sign or any other obstruction made or composed of any material whatever
so that the same shall extend upon, into or over any street line or
building line.
(2)
Maintain or place any post, pole, stand, showcase,
box, barrel, keg, bag, bale, crate, goods, wares and merchandise or
any other thing or things upon the streets or sidewalks of the City.
(3)
Display any merchandise, goods, wares or any other
things outside the indoor premises of a permanent business establishment.
This prohibition shall be deemed to prohibit, among other things,
the display of items hanging from any portion of the outside permanent
business premises, items attached to the permanent business premises
or any portion thereof, items displayed within an outdoor entry area
of said business premises despite the fact that said entry area is
not a part of the public sidewalk, displays hanging from any pole,
fence, gate, railing, sign, grating or other protrusion from the permanent
business establishment.
B.
This prohibition shall not be deemed to apply to the
display of perishable foods on the sidewalks immediately adjacent
to a permanent business establishment which sells said perishable
foods, provided that a minimum width of five feet of passageway is
maintained for pedestrians.
No truckman or other person shall deposit from
a truck or vehicle of any kind any box, barrel, keg, crate, goods,
wares or merchandise of any kind upon the streets or sidewalks of
the City unless some person shall be there to receive the same. It
shall be the duty of the person to whom said goods are consigned immediately
to remove the same from said street or sidewalk.
[Amended 12-19-1995 by Ord. No. 95-068]
The Director of Public Works or his designee
shall remove all obstructions placed or maintained upon, into or over
the streets or sidewalks of the City contrary to the provisions of
this article and shall collect the costs incurred in removing such
obstructions from the person or persons responsible therefor. If necessary,
the City shall proceed with a civil action for the recovery of the
costs incurred in removing such obstructions.
Nothing contained in this article shall be construed
to prohibit the installation of an outside public telephone booth
or a drive-up book return receiving station for the public library
or for a bank deposit receiving station when the location therefor
has been approved by the Director of the Department of Public Works,
after formal application has been made therefor.[1]
[1]
Editor's Note: Former Sec. 23-85, Regulation
outside of B-3A Zones, which immediately followed this section, was
repealed 9-9-1986 by Ord. No. 86-034.
A.
In a B-3A Zone, nothing in this article shall be construed
to prohibit the placement of stands, bins, barrels, crates and other
similar containers upon portions of the public sidewalks for the display
of perishable foods, provided that a minimum of five feet of clear
passageway from the curb is maintained for pedestrians except that
such stands, bins, barrels, crates or other similar containers may
be placed two feet from the curb on the public sidewalks, provided
that a minimum width of five feet of passageway is maintained for
pedestrians and there is a loading and unloading zone in the street
in front of such curb with other parking prohibited.
B.
In a B-3A Zone, nothing in this article shall be construed
to prohibit the placement of stands, bins, barrels, crates and other
similar containers holding perishable foods on the street or the sidewalk
while such containers are in the actual process of being loaded and
unloaded.
C.
In a B-3A Zone, nothing in this article shall be construed
to prohibit the placement of containers and debris transfer bodies,
including Dempsey Dumpsters, on the public sidewalk and street during
the hours of 3:00 a.m. and 3:00 p.m., provided that such do not occupy
more than 1/3 of the street, that such containers prominently display
the name, address and telephone number of the owner of the container
and that said body is reflectorized for night safety.
The Department of Public Works is hereby empowered
to develop reasonable rules and regulations regarding the alignment
and maintenance of such stands, bins, barrels, crates and other similar
containers used by commercial establishments selling perishable foods,
as well as the alignment and maintenance of debris transfer bodies
in the B-3A Zone.
[Amended 12-19-1995 by Ord. No. 95-068]
No person shall encumber or obstruct any street
or other public place in the City by placing therein or thereon any
building materials or any article or thing whatsoever without having
first obtained a permit from the Director of Public Works or his designee.
No permit shall be granted under this article
to place:
A.
Building material on any street or other public place
unless the roadbed of said places is first protected with two-inch
plank laid on one-inch by two-inch furring strips to provide air space.
Cutters shall be kept open for a space of one foot from face of curb
to allow a free flow.
B.
A container or debris transfer body unless each container
prominently displays the name, address and telephone number of the
owner of the container or transfer body and said body is reflectorized
for night safety.
The width of the street to be used under a permit
issued under this article shall be limited in accordance with the
traffic conditions, and in no event shall the portion used exceed
1/3 of said street.
A fee of $25 shall be paid for permits for obstructing
streets for a period of 30 days or part thereof for each 50 linear
feet of frontage or part thereof occupied.
[Amended 12-19-1995 by Ord. No. 95-068]
A.
No permit shall be issued under this article unless at the time of the application, in addition to the fees prescribed by § 435-95, shall be deposited with the Director of Public Works or his designee the sum of $100, conditioned upon the removal of all obstructions in accordance with the terms of the permit and conditioned upon the restoration of the street and sidewalk to its former condition.
B.
After such removal of the obstruction and restoration
of the street and sidewalk, the deposit shall be refunded to the permittee,
provided that said obstruction shall be properly removed and the street
and sidewalk properly restored to its original condition to the satisfaction
and approval of the Director of Public Works or his designee.
C.
In the event of the failure of the applicant to remove
the obstruction and restore the street or sidewalk within 24 hours
after notification thereof from the Director of Public Works or his
designee, the Director of Public Works or his designee may cause the
obstruction to be removed and the street or sidewalk to be repaired
properly, and the cost thereof shall be deducted from the deposit
heretofore made.
No person shall place an obstruction of any
kind, either permanent or temporary, upon any street, sidewalk or
public place in the City within 10 feet of any fire hydrant.
[Amended 12-19-1995 by Ord. No. 95-068]
Unless another penalty is expressly provided
herein, any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $1,000,
by imprisonment for a term not exceeding 90 days or by a period of
community service for not more than 90 days, or any combination thereof.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
