[HISTORY: Adopted by the Board of Commissioners
of the Borough of Haddonfield 1-13-2004 by Ord. No. 3-2004. Amendments
noted where applicable.]
The purpose of this chapter is to permit certain
displays in front of stores within the below-referred-to districts,
to assist the merchants to market their merchandise and goods and
to enhance the beauty of the Borough of Haddonfield.
A.
Merchandise, inventory and goods, which are offered
for sale within a store may be displayed in front of the exterior
store front within the sidewalk right-of-way and on privately owned
property in the Central Business District and the C Commercial District
Zones.
B.
Plants, cut flowers, greens and other such vegetative
matter are not to be considered as items and need not be offered for
sale by the store.
C.
Merchandise displayed within the public right-of-way
must be within 30 inches (measuring perpendicular from the front edge)
of the front property line of the property in which the store is located.
The decoratively displayed merchandise shall not occupy more than
1/3 of the store front width, provided that it shall not exceed eight
linear feet, but may be at least two linear feet. The decorative display
shall not obstruct the storefront entrance. The top of the item shall
not be higher than eight feet above the sidewalk surface.
D.
A safe, continuous path on the public sidewalk with
a minimum of four feet must be maintained for pedestrian traffic to
pass in front of the property having an outdoor decorative display.
E.
The display shall not contain front lighting, backlighting
and/or lighting within the display. However merchandise itself that
contains lighting may be displayed. No power lines or extension cords
shall be allowed to provide power to the display.
F.
The above-referred-to merchandise, inventory and goods
permitted to be displayed in front of the exterior storefront may
be displayed on temporarily removable supports such as benches, shelves,
book shelves, decorative carts and similar kinds of supports. The
supports shall be removed at the end of each day of business, and
shall have no wheels, except for decorative carts. Packing cartons,
cardboard boxes, bins, card tables, folding tables, or similar display
supports are prohibited. Clothing cannot be displayed on racks, but
may be displayed on a mannequin. There shall be no more than one mannequin
per store. The clothing shall be worn by the mannequin, not merely
draped upon it.
G.
No sales may occur outside the store. All sales must
be conducted within the store. The goods and merchandise within the
decorative display are not to be sold on the sidewalk.
H.
All displays of merchandise and goods under the provisions
of this chapter, and all window boxes or other exterior fixtures on
a commercial building, shall be kept neat and clean and free from
dead plants, trash, litter, and other debris.
I.
No other merchandise, wares, goods, foods, clothing,
apparel, balloons, etc., may be displayed on the exterior of any store
or building either on private property or in the public right-of-way
except as provided per the above.
[Amended 4-9-2013 by Ord.
No. 2013-06]
Any merchant choosing to decoratively display
merchandise and goods under the provisions of this chapter shall obtain
permission annually from the Borough of Haddonfield by submitting
in writing an application requesting such permission and a sketch
identifying the approximate location of items to be displayed. An
annual application fee shall be paid upon submission of the application.
A first-time application shall be $50. A renewal application for substantially
the same arrangement shall be $25 each year thereafter. The application
shall be submitted to the Zoning Enforcement Officer who shall review
same and submit a recommendation to the Borough Commissioners. The
Borough of Haddonfield may grant permission in its discretion by resolution
under terms and conditions set by the Borough of Haddonfield including
requiring the merchant to obtain reasonable insurance. The Borough
of Haddonfield, in its discretion, may revoke any permission granted
whenever it deems necessary.
The Borough Commission, by resolution, may suspend
the operation of this chapter or may prohibit the display of merchandise
on certain days and times, and for certain events.
The following control and enforcement provisions
shall apply to this chapter:
A.
If the Administrative Officer determines that any
decorative display of merchandise and goods is in a state of disrepair,
unclean or not in compliance with the operating plan, layout and approved
items per the permit, or if the Administrative Officer has determined
that the holder of the permit or the owner of the real estate for
which the permit is issued is in violation of any other municipal
ordinance or regulation or state statute or regulation, the Administrative
Officer shall give written notice to the permit holder of the unsatisfactory
condition of the facility and/or the violation of the terms of the
permit, or the ordinance, statute or regulation of which the holder
of the permit or property owner is in violation.
B.
The permit holder shall thereafter have five days
to correct the unsatisfactory condition or permit violation, or ordinance,
statute or regulation violation. If the unsatisfactory condition or
violation is not so corrected within the five-day period, the Administrative
Officer may thereafter suspend the permit and any decorative display
of merchandise and goods must cease operation.
C.
The Administrative Officer shall also report the violation
to the Board of the Commissioners who may, at its discretion, revoke
the permit, continue the suspension or lift the suspension, pursuant
to the provisions of this chapter.
D.
The Administrative Officer may, in addition to suspending
the permit or as an alternative, file a Municipal Court complaint
or a Superior Court complaint against the permit holder, or take any
other lawful action to enforce the ordinance, statute or regulation
violated.
E.
The Administrative Officer may file a complaint in
Municipal Court or in Superior Court against any individual or entity
that places furniture or other items in the right-of-way for the purpose
of operating any decorative display of merchandise and goods as provided
for in this chapter, without obtaining a permit pursuant to this chapter,
or take any other lawful action to enforce the ordinance, statute
or regulation violated.
Any person that shall violate any part of this chapter, or do any act or thing prohibited, or refuse to do any act required to be done, or refuse or fail to comply with an order of the Zoning Administrative Officer, or an order of the Borough Board or Commission with jurisdiction in this chapter, shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, be subject to the penalties provided in Chapter 1, General Provisions, § 1-14. Whenever such person shall have been officially notified by the Zoning Administrative Officer or by service of a summons in a prosecution, or in any other official manner, that such person is committing a violation, each day’s continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
