No person shall display any merchandise for
sale or exhibition, or place any sign, on any municipal sidewalk.
No person shall display any merchandise for
sale or exhibition, or place any sign, on any public property in this
municipality, including, but not limited to, public walks, utility
space and streets.
[Amended 12-20-2000 by Ord. No. 2000-25; 2-16-2005 by Ord. No. 05-06; 7-17-2013 by Ord. No. 13-19]
A.
In the Borough of Seaside Heights, on any lands in front or on the
side of any building, displays of merchandise shall be allowed one
foot out from the front building line as long as said displays are
attached to the building and do not physically touch the sidewalk
or ground. On those properties fronting on the boardwalk, displays
of merchandise shall be allowed one foot out from the front building
line as long as said displays are attached to the building and do
not physically touch the boardwalk. Additionally, on those properties
fronting on the boardwalk, merchandise may be hung from any overhang
(a projecting upper part of a building, as a roof) above the retail
establishment, so long as the items thus displayed are a minimum of
seven feet above the surface of the boardwalk. "Displays of merchandise"
shall not be interpreted to include the placement of telephones and/or
vending machines.
B.
This section shall not apply to the exhibition or sale of merchandise
when offered in connection with a sidewalk sale approved by the Mayor
and Council of the Borough of Seaside Heights. Such sales shall not
occur more than two times in any one year.
With the exception of those machines located
within an establishment having an arcade license lying within the
Resort Recreational District, no business operation shall be permitted
to have more than three amusement games within its place of business.
Said amusement games are hereby defined as machines or devices of
a type commonly known and designated as pinball, console cathode-ray-tube
game machines, electronic or video game machines and any other game,
machine or device similar to the above, operated by the use of coins.
[Amended 7-17-2013 by Ord. No. 13-19]
A.
Any person violating or failing to comply with any other provision
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,250, by imprisonment
not to exceed 90 days or by community service of not more than 90
days, or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
