[HISTORY: Adopted by the Borough of Rutherford Council 8-4-1987 by Ord. No. 2473-87. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Street Closings Ordinance of the Borough of Rutherford."
Whenever used in this chapter, the following terms shall have the following meanings:
- Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing municipal roadway, which is shown upon a plat heretofore approved pursuant to law, which is on a plat duly filed and recorded in the office of the county recording officer or which is approved by official action as provided by the Borough Code, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
No person or persons, association, firm or corporation shall cause or permit a municipal street to be closed for the purpose of conducting a street fair, sidewalk sale or block party without first having procured permission from the Mayor and Council.
The Mayor and Council shall not consider any application for the closing of a municipal street unless and until the person or persons, association, firm or corporation requesting such permission shall first file with the Borough Clerk an application requesting such permission, stating the location of the proposed street closing and the period of such closing, which period shall not exceed 48 continuous hours, together with the purpose of such street closing and the name, address and telephone number of the individual, group or organization applying for such street closure, and a map of the street or section thereof to be closed, showing the proposed method of effecting the street closing and the location of the barriers to be used in restricting the flow of vehicular traffic through the closed street.
If, after examining the application and the map provided for in § 110-4 hereof, the Mayor and Council shall be of the opinion that the proposed street closing will not create conditions inimical to the public health, welfare and safety, permission to close the street shall be granted. Such permission shall be effective for a period of time not to exceed 48 continuous hours.
If permission to close the street shall be granted, the person or persons, association, firm or corporation requesting such closing shall conduct the operation so that there shall be minimum inconvenience to the general public and in such a manner that, upon the expiration of the permitted street closing period, such street is reopened free of any debris, refuse or other material interfering with the safe and free passage of pedestrians and vehicles.
Each applicant, prior to receipt of a permit, shall provide the borough with a certificate or certificates of insurance indicating to the satisfaction of the borough that policies of the general liability insurance and excess umbrella liability insurance have been issued and are in force at the time of the street closing. Said policy shall contain limits of liability in an amount to be determined by the Mayor and Council at the time permission is granted for the street closing. The Mayor and Council may waive the provisions and requirements of this section when deemed appropriate.
It shall be the duty and responsibility of any applicant to agree to save the borough, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of the street closing. The acceptance of any permit under this chapter shall constitute such agreement whether the same is expressed or not.
Any person or persons, association, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not exceeding $200, or, if the party so convicted is a natural person, such person may be imprisoned for such term not exceeding 90 days, as such court, in its discretion, may impose. Each day that such violation exists shall constitute a separate offense.
If any portion of the within chapter shall be declared to be unconstitutional, invalid or inoperable, in whole or in part, by a court of competent jurisdiction, the remaining portion not declared to be unconstitutional, invalid or inoperable shall remain in full force and effect.
This chapter shall take effect upon final passage and publication in accordance with the provisions of law.