[Adopted 12-17-2003 by Ord. No. 2003-31]
No person shall obstruct the free and lawful
passage of pedestrians and vehicles on public sidewalks and upon public
rights-of-way in the Township by placing thereon any structures, posts,
poles, goods, wares, merchandise or other articles of trade or sale,
nor shall any person obstruct such public sidewalks or rights-of-way
in any other manner whatsoever.
The owner, occupant or tenant of premises abutting
on any street in the Township shall at all times keep the public sidewalk
and the area between the public sidewalk and the curb or paved roadway
that directly front upon such premises free from all weeds, limbs
and branches of trees or shrubs, holes, pits, loose stones, rubbish,
paper, debris and other objects and shall otherwise keep the area
described in this section free from obstructions of all sorts.
All trees or shrubs planted on private property
that stand along public sidewalks and public streets, the branches
of which extend over any part of a public sidewalk or a public street,
shall be trimmed by the owner, occupant or tenant of the premises
that directly front upon that part of the sidewalk or street along
which the trees or shrubs stand. Such owner, occupant or tenant shall
keep the branches and limbs of such trees or shrubs trimmed and cut
so that no limb or branch shall overhang the public sidewalk or the
public street at a height of less than eight feet above ground level.
This article shall not apply:
A.Â
Where the obstruction is caused by the loading or
unloading of goods, wares, furniture or merchandise to and from vehicles
in such a manner as to cause a minimum of obstruction which is necessary
and unavoidable.
B.Â
To receptacles for garbage, refuse and any other material
lawfully placed for collection pursuant to the regulations of the
Department of Public Works.
C.Â
To posts, stanchions or other support upon which mail
boxes are placed in accordance with United States Post Office regulations
and provided that the post, stanchion or support does not exceed four
feet in height above ground level and 12 inches by 12 inches (or a
diameter of 12 inches) in width. Mailboxes which exceed this requirement
are not a permitted structure and remain in the right-of-way solely
at the expense and liability of the abutting property owner.
Should the Township, through its required maintenance
activities, destroy a mail box placed along the right-of-way, the
Township may reimburse the property owner the sum of $50 for parts
and labor. Should the Township, through its required maintenance activities,
damage the existing curbing along a street, or the maintained grass
area along the street, the Township shall repair said damage using
similar materials in a timely manner as weather permits.
The penalty provisions of § 1-17 of the Municipal Code of the Township of Manalapan shall apply to this article.
