City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[Amended 9-12-1983 by Ord. No. 32-1983; 5-27-1986 by Ord. No. 25-1986]
No suspended street decorations or advertising shall be attached or affixed to any building or other structure until a permit therefor has first been secured from the Director of Public Works, nor shall any supporting strings, lines, wires or other method of suspension be utilized for street decorations or advertising without first securing a permit therefor from the Director of Public Works.
A. 
Applications for permits for suspended street decorations or advertising shall be made on forms provided by the Director of Public Works.
[Amended 5-27-1986 by Ord. No. 25-1986]
B. 
The applicant shall provide information as to the dimensions, weight and exact location of the installation proposed; the manner and type of fixtures to be utilized therefor; the names and addresses of all persons responsible for the installation, maintenance and removal of the same; the name and address and telephone number of one person who shall serve as agent for all interested parties, who may be contacted in case of emergency where any condition constituting a hazard requires attention so that immediate contact may be made at any time, including nights and holidays; such information as to electrical installation and insulation to assure the safety of the particular property and the occupants who may be affected thereby and the general public utilizing the public thoroughfare.
C. 
A sketch diagram of the private or public thoroughfare over which the proposed installation will project shall be affixed to such application form.
[Amended 5-27-1986 by Ord. No. 25-1986]
If the Director of Public Works shall be satisfied, after examination of the application for a permit under this article and attached diagram, that the proposed installation can be made without endangering persons or property and there is adequate provision by the applicant for the maintenance of the same, then the Director of Public Works shall submit such application to the City Council for its approval or disapproval, and if the City Council shall determine, by resolution, that the proposed installation is in the public interest, then a permit therefor shall be issued upon payment of the required permit fee.
[Amended 5-27-1986 by Ord. No. 25-1986]
The fee for a permit required by this article shall be as specified in Chapter 170, Licenses and Fees. For the purpose of determining such fee, a minor installation shall be any installation which shall not be in existence for more than seven days from the date of commencement to the date of removal and shall be of such a minor character by weight and size and so installed that, in the opinion of the Director of Public Works, there shall be no possible hazard to persons or property sufficient to warrant protection in the public interest as set forth in § 238-24. All other installations shall be deemed to be major installations.
Permits issued under this article shall specify a date on which the installation or attendant material or refuse shall be removed by the permittee.
[Amended 5-27-1986 by Ord. No. 25-1986]
No permit for attachment of suspended street decorations or advertising to any public or private utility pole shall be issued until written consent of the owner thereof shall be filed with the Director of Public Works.
[Amended 5-12-1986 by Ord. No. 7-1986]
A. 
As a condition precedent to the issuance of a permit under this article, the applicant or his duly authorized agent shall deposit with the City Clerk a bond, in form approved by the Corporation Counsel, in the sum of $5,000, to indemnify the City for any costs incurred or damage inflicted by reason of the installation, maintenance or removal of such suspended street decoration or advertising, along with the cost of removal of any material or refuse caused thereby.
B. 
In addition, an insurance policy, in a form approved by the Corporation Counsel, for public liability coverage with limits of $1,000,000 for each accident and $500,000 for any personal injury as a result of any accident and $500,000 property damage arising out of the installation, maintenance, removal or any consequences thereof, shall be submitted prior to securing approval of any such permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No supporting strings, lines or wires for suspended street decorations or advertising shall be suspended at a height of less than 16 feet above the surface of any street or sidewalk.
[Amended 5-27-1986 by Ord. No. 25-1986]
The Director of Public Works or his duly authorized agent may inspect the installation, manner of maintenance or manner of removal of any suspended street decoration or advertising at any time. In the event he determines that a hazard exists by reason of the same, he shall order immediate correction of the condition causing the hazard, either by way of removal of the installation or other safeguards. Except where the condition is so emergent as to require immediate correction, he shall provide the permit holder with written notice to correct the same within 48 hours, and any failure to comply therewith after the expiration of 48 hours shall constitute a violation of this article. Each day on which the condition shall continue shall constitute a separate violation thereof.
A. 
All suspended street decorations and advertising shall be removed by the termination date set forth in the permit issued by the Director of Public Works. In the event that they are not removed by such date, the City may cause the same to be removed and may apply its cost against the bond previously furnished. In the event that any material or refuse remains after the removal, the cost of removing such material or refuse shall be charged against the bond previously posted in a like manner.
[Amended 5-27-1986 by Ord. No. 25-1986]
B. 
In the event that any person fails to remove such suspended street decorations and advertising or any material or refuse therewith after having been served with an order from the Director of Public Works to do so in accordance with § 238-26, the City shall have the right to cause the removal of the same, and the cost of removal and all costs therewith shall be charged to the bond previously filed.
[Amended 5-27-1986 by Ord. No. 25-1986]
C. 
In addition, any fine levied against any person violating this article shall be paid from the bond previously filed if such fine or any portion of the same is unpaid.
[Amended 5-27-1986 by Ord. No. 25-1986]
Any failure of any person to comply with the provisions of this article or the regulations or orders of the Director of Public Works issued pursuant to this article shall constitute a violation of this article, and each day on which the condition shall continue shall constitute a separate violation thereof. The right of the City to proceed against the surety company shall not be construed as being substituted for the right of the City to enforce this article by proceeding directly against the persons committing violations thereof.