[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.
[Amended 3-27-2023 by Ord. No. 3642-23]
A.
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.
B.
There shall
be an application fee of $50 for each block party street closing application
submitted. In addition, it is the responsibility of the applicant
to clean the street within two hours after the street closing has
ended. In the event the applicant does not clean the street, and the
Borough is called upon to perform or complete the cleanup, the applicant
will be charged the minimum sum of $100 for the first hour or any
part thereof for said cleanup plus an additional fee of $100 per hour
for each hour thereafter or any part thereof. The applicant shall
also be required to reimburse the Borough for any Borough property
provided for the street closing that is damaged during the street
closing. Additionally, all block parties shall be conducted in accordance
with the Borough Block Party Policy.
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.
