[Adopted 1-7-1959]
[1]
Editor's Note: The provisions of this article are derived from Ch. 14 of the former Revised Ordinances of the City of Hoboken, New Jersey, adopted 1-7-1959 by Ord. No. 123.
[Amended 9-16-1998 by Ord. No. R-332; 9-30-2021 by Ord. No. B-392]
A. 
No person shall encumber or obstruct any street, public lane, alley, sidewalk, public park, wharf, dock, slip or other public place in the City with building equipment, materials or any article or thing whatsoever, without having first obtained the written permission of the City Engineer or his or her designee.
B. 
The City Engineer shall have the power to grant right-of-way access permits to builders and others to occupy the public sidewalk of any street with building equipment and/or materials if, in their opinion, the public interest and convenience will not suffer thereby. All such permits shall expressly provide that they are given upon condition that a minimum five-foot ADA-compliant pedestrian access path be maintained along the sidewalks at all times. Within commercial areas, the minimum sidewalk width may be expanded to 10 feet at the sole discretion of the City Engineer. Sidewalks and gutters shall at all times be kept clear and unobstructed, and all dirt and rubbish shall be promptly removed from time to time. Such permits may be revoked by him/her at any time.
C. 
No person shall operate heavy equipment or deposit building material upon any asphalt pavement in the City, unless the pavement is protected by a platform of boards, or other substantial material, to prevent damage to the pavement.
D. 
Right-of-way access permit fees. As consideration for use of municipal rights-of-way, the permit holder shall pay the City the following fees:
(1) 
An administrative fee of $100 upon filing the initial application and each proposed amendment to the application.
(2) 
A permit fee of $300 for up to 90 days during which the permit is in effect payable on the issuance of the permit and $100 at the beginning of each month thereafter until the use is no longer required. There shall be no adjustment for partial months at the termination of use.
E. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
BUILDING EQUIPMENT
Equipment utilized in the construction of buildings, including but not limited to sidewalk bridges (scaffolding); ramps; chutes; dumpsters, backhoes, excavators, loaders, cranes and all other structures or equipment used for construction of buildings.
BUILDING MATERIALS
Material utilized in the construction of buildings, including but not limited to: brick, mortar, cinder block, sheetrock, stone, sand, lumber, pipes, plumbing supplies, cables, glass and any other similar materials.
[Amended 9-16-1998 by Ord. No. R-332]
A. 
The City Engineer, Director of the Department of Environmental Services or their respective designated agent(s), the Mayor and the Chief of Police are hereby authorized and empowered to order any article or thing which may encumber any street, public lane, alley, pubic wharf, dock or slip or other public place in the City to be removed, and if such article or thing is not removed within two hours after notice to the owner thereof to remove the same, or if the owner cannot be readily found for the purpose of such notice, to cause the same to be removed to some suitable place to be designated by the City Engineer, the Director of the Department of Environmental Services, the Mayor and the Chief of Police, and/or their respective agents.
[Amended 9-30-2021 by Ord. No. B-392]
B. 
Any article or thing which may be removed in accordance with the provisions of this article shall be advertised and sold by the Director of the Department of Environmental Services at the end of 30 days after such removal, unless the same shall be reclaimed earlier by the owner and the penalty and costs paid. The Director shall pay the proceeds of such sale into the City treasury and furnish the Chief Financial Officer with a statement of the article or thing sold and the amount for which it was sold, and the balance, if any, after deducting the penalty and costs, shall be paid to any person furnishing satisfactory proof of ownership.
A. 
No person shall remove or cause to be removed or aid or assist in removing any building into, along or across any street, public lane or alley in the City without having first obtained the written permission of the Mayor and conforming to such restrictions and conditions as he may prescribe.
B. 
Such permit shall specify the time to be occupied in such removal, which time shall in no case be longer than is actually necessary, but such time may be extended for good and sufficient cause.
C. 
No owner of any building, or the contractor for its removal, shall permit the building to be on or remain in or upon any street, public lane or alley for any time longer than that specified in the permit.
[Amended 7-1-1997 by Ord. No. R-256]
A. 
No person shall erect or place any building or other encroachment upon any public right-of-way, including but not limited to any street, public lane or alley or other public ground within the City without the review, approval and permission of the Director of Environmental Services or his designated agent. The following exceptions will be permitted subject to the aforementioned review, approval and permission:
[Amended 9-16-1998 by Ord. No. R-332]
(1) 
Window bays, as defined and regulated below, will be permitted to encroach into the public right-of-way so long as the following conditions are met:
[Amended 4-4-2018 by Ord. No. B-9]
(a) 
Window bay defined: a structure which begins at the first residential level and extends no higher than the roof height of the main building, projecting from an outside wall and having its own windows, designed to create an alcove to a room. Said structure may be called a bay, window bay, bay window, oriel, or ground floor projection or extension.
(b) 
The maximum extension of such bay beyond the lot line on any floor above the ground floor shall not exceed 30 inches. In no event may the maximum dimensions indicated above be exceeded in any manner by air-conditioning units, decorative details or any other attached item. All window bays are subject to the following limitations:
(i) 
Where a site which proposes bay windows occupies less than 25% of the total length of the subject blockfront and there are no other bay windows on said blockfront, the proposed bay windows may not project further than 24 inches beyond the lot line and no ground floor projection will be permitted.
(ii) 
Where a site which proposes bay windows occupies less than 25% of the total length of the subject blockfront, but at least two other facades or a minimum of 50 feet of facade on the blockfront is embellished with such extensions, the proposed bay windows may not project further than 24 inches beyond the lot line and a ground floor projection will be permitted subject to paragraph (iii) below.[1] Where a site which proposes ground floor projections occupies less than 25% of the total length of the subject blockfront, but at least two other facades or a minimum of 50 feet of facade on the blockfront is embellished with such extensions, the proposed ground floor projection is permitted but is limited to 24 inches.
[1]
Editor's Note: Former paragraph (iii), which immediately followed this paragraph, was deleted pursuant to Ord. No. B-9, adopted 4-4-2018.
(c) 
Ground floor projections shall not be permitted unless sidewalk fences are installed pursuant to § 168-37. No ground floor projections shall be permitted where fences are not permitted in the public right-of-way.
(d) 
The maximum horizontal width of the bay as measured along the primary building wall between the points of attachment where the bay begins and ends its divergence from the primary wall shall not exceed eight feet. On frontages wider than 50 feet, individual bays may be up to 15 feet wide so long as the total percentage of the front facade occupied by such bays does not exceed 30% of the front facade measured horizontally. All other regulations specified in this chapter shall apply.
(e) 
There shall be no more than two bays per 25 feet of building frontage. Where the subject lot has frontage of less than 25 feet, no more than one bay may be provided.
(f) 
Bay windows shall not be located within two feet of side property line.
(g) 
The principal facade of a building with bay windows should not be set back past the principal facade of either of the two neighboring buildings.
(2) 
Cornices, as defined below, may project a maximum of 36 inches beyond the front lot line.
(a) 
Cornice defined: a horizontal architectural molding projection at or near the top of a building wall with or without a parapet.
(b) 
Where a site which proposes projecting cornices occupies less than 25% of the total length of the subject blockfront and there are no other projecting cornices on said blockfront, the proposed cornices may not project further than 24 inches beyond the lot line.
(c) 
Where cornices wrap around a bay window, the maximum total projection may not exceed 48 inches in any event.
B. 
The owner of any building, fence or other encroachment or obstruction placed upon any street, public lane or alley or other public ground in the City shall remove the same within 30 days from the date he receives the notice in writing, signed by the Director of the Department of Environmental Services, or his designee, directing such removal. Whenever such owner fails to remove the same in accordance with the notice, it shall be deemed a nuisance, and the Director of the Department of Public Works, or his designee, shall cause the same to be removed.
[Amended 9-16-1998 by Ord. No. R-332; 3-3-1999 by Ord. No. R-370]
A. 
No person shall erect or place any stoops, steps, platforms, pedestrian ramps designed and built pursuant to the minimum standards of the Americans With Disabilities Act, windows, cellar doors, areas, descents into a cellar or basement, signs, awnings, posts or other projections in, over or upon any street in the City without the review, approval and permission of the Director of Environmental Services or his designated agent.
B. 
Any projection as described in Subsection A above which is erected in, over or upon any street without the required review, approval and permission is hereby declared to be a nuisance. Following notice of a violation by the Director of Department of Environmental Services or his designated agent, the owner or occupant of the premises has 30 days in which to remove any such projections. Upon failure to do so the Director of the Department of Environmental Services is hereby authorized and directed to remove same in a summary manner at the expense of the owner or occupant of the premises in front of which such nuisance exists.
C. 
Pedestrian bridges and arcades. Pedestrian bridges and arcades as defined and regulated below, shall be permitted only when specifically permitted in Chapter 196 of the Code of the City of Hoboken and shall be subject to the review and approval of the City Council.
(1) 
Pedestrian bridges shall be permitted to project into the public right-of-way where permitted pursuant to Chapter 196 and subject to the following conditions:
(a) 
Pedestrian bridge defined: A pedestrian bridge is a continuous enclosed bridge which spans a street and is permitted only for the purpose of connecting two publicly owned buildings or two buildings where one is publicly owned and one is owned by a semipublic entity such as a nonprofit, philanthropic, religious or health services organization. In any event, at least one of the public entities must be the City of Hoboken or a municipal agency or authority such as the Hoboken Parking Authority.
(b) 
Bridge shall connect the two buildings at the same elevation above sidewalk grade.
(c) 
Minimum height of the bridge's floor above the grade of the center line of the street below shall meet current Department of Transportation standards for such street.
(d) 
Maximum width of bridge is 12 feet.
(e) 
Maximum internal distance between the bridge's ceiling and floor is 12 feet.
(f) 
Bridge shall be heated, air conditioned and lighted internally. If the bridge floor is within 20 vertical feet of the sidewalk where it crosses over such sidewalk, it shall provide for the lighting of such sidewalk area.
(g) 
Bridge sidewalls shall be a minimum of 50% transparent. The lower 25% may be opaque or translucent for privacy. The entire sidewall may also be completely reflective if such surface does not cause dangerous sun glare at the subject location.
(2) 
Arcades shall be permitted to project into the public right-of-way where permitted pursuant to Chapter 196 and subject to the following conditions:
(a) 
Arcade, defined: the covered area at sidewalk level created by the extension beyond the front property line of the floor of a building above.
(b) 
No arcade may extend beyond the front property line more than half the width of the existing sidewalk or eight feet, whichever is less, but in no case shall it leave less than six feet for pedestrian traffic either within the arcade or outside it except in areas where the sidewalk is 20 feet or more from the front lot line to the curb. Then the arcade may be permitted to project into a street or sidewalk a maximum of 10 feet.
(c) 
The ceiling of the arcade shall be no lower than 10 feet above the sidewalk. The interior of the arcade shall have a level of lighting at least equivalent to what street lamps would provide in a comparable area. The interior walls shall be treated or painted in light colors.
(d) 
The arcade design shall maximize openness to the greatest extent possible given the engineering requirements of the structure above but in no event shall its sidewalls be less than 75% open.
(e) 
The arcade shall remain open to the public at all times. No opening of the arcade within the public right-of-way shall be glazed, gated or otherwise obstructed at any time.
A. 
No owner or occupant of any dwelling house, store or other building or premises in the City shall erect, or permit or suffer to be erected or remain erected, any shed or covering of wood or other material which projects into or over the street or sidewalk in front of any such building or premises, except a cloth or canvas for the purpose of an awning or for any other purpose, without permission from the Director of the Department of Environmental Services or his designated agent.
B. 
The owner or occupant of any dwelling house, store or other building in this City may construct wrought iron brackets or frames for the support of awnings, which shall be firmly secured to the building and shall be not less than eight feet nor more than 10 feet in height above the sidewalk, and shall not project over the sidewalk beyond the curbline nor in any case more than 10 feet.
[Added 12-1-2021 by Ord. No. B-415]
Vehicular traffic (ingress and egress) shall be prohibited across the sidewalk/curb located at 9th' and Jackson Street.
[1]
Editor’s Note: Former § 168-7, Refuse in streets, was repealed 10-17-2018 by Ord. No. B-76. See now Ch. 136, Nuisances.
[Amended 1-19-1994 by Ord. No. R-27; 1-4-2012 by Ord. No. R-151]
A. 
The owner or occupant or person having charge of any dwelling house, store or other building or lot of ground in the City shall, within the first six hours after every fall of snow or hail, or after the formation of any ice upon the sidewalks, unless the ice is covered with sand or ashes, cause the snow and ice to be removed from the sidewalk abutting such dwelling house, store, building or lot of land, cause the snow and ice to be removed from the sidewalk abutting such dwelling house, store, building or lot of land, clearing a traversable walkway so that a minimum of four feet or 2/3 of the width of the sidewalk, whichever is greater, is free of snow and ice. In those instances where the traversable walkway is less than four feet in width, the owner, occupant or person having charge shall clear the entire width of the abutting sidewalk.
B. 
In case the gutter opposite any dwelling house, store or other building, or lot of ground, in the City shall at any time become obstructed with snow, ice, dirt or any matter, the owner or occupant or person having charge thereof shall cause the gutter to be cleaned out to the width of two feet, so that the water may run freely along the same.
C. 
If more than four feet of sidewalk is available, snow may be deposited between the cleared area and the curbline at a height of no greater than 3.5 feet.
D. 
At no time shall snow, ice, dirt, or any matter be removed into the street.
E. 
Where public facilities or public infrastructure are present on a sidewalk, such as mailboxes, phone booths, handicapped ramps at corners, parking meters, bicycle racks, and benches, the owner, occupant or person having charge shall maintain clear access to said facilities or infrastructure so that all public functions may continue unimpeded at all times.
[Amended 8-18-1982 by Ord. No. C-221; 9-16-1998 by Ord. No. R-332; 10-17-2018 by Ord. No. B-76; 9-30-2021 by Ord. No. B-392]
A. 
No person shall take up, remove or carry away any material of any public street in the City without a permit from the City Engineer.
B. 
Any person who breaks or otherwise injures any street or sidewalk in the City shall cause the street or sidewalk to be repaired within 24 hours thereafter in accordance with the provisions of Chapter 168, Article VIII, Road Opening Permits.
[Amended 9-30-2021 by Ord. No. B-392]
A. 
Grade. The grades of all streets in the City shall be regulated and established from time to time by resolution of the Council, and a profile thereof with the regulations distinctly marked thereon shall be deposited and kept in the office of the City Engineer.
B. 
Improvements. All streets in the City shall be graded or improved, as the Council shall from time to time, by special ordinance, direct.
C. 
Improvements to streets and sidewalks shall meet all requirements of the 2010 ADA Standards for Accessible Design Title II (28 CFR 35.151 and the 2004 ADAAG at 36 CFR Part 1191, Appendices B and D), or as the statutes may be amended.
[Amended 9-16-1998 by Ord. No. R-332; 9-30-2021 by Ord. No. B-392]
A. 
It shall be the responsibility of the owner(s) of any real property within the City of Hoboken to construct, repair and maintain in a safe and passable condition the public sidewalk adjacent to and abutting their property. The owner shall have the primary and exclusive duty to perform such repair and maintenance at the owner's expense, whether or not the City has notified the owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past. For the purposes of this article, "safe and passable" shall mean the sidewalk meets all applicable standards of the City of Hoboken and the 2010 standards (PROWAG) to the maximum extent practicable.
B. 
Liability of owner. The failure of an owner to perform the duties and obligations established by this chapter shall constitute negligence. An owner shall be liable to any member of the general public injured on or by a sidewalk area if the owner's negligence under this chapter causes the injury. The City shall not be liable for any injury caused by the negligence of the owner.
C. 
Whenever the City of Hoboken shall find an area of sidewalk has not been maintained in a reasonably safe condition, the City Engineer or his/her designated agent shall cause notice to be served to the owner and/or registered property manager to correct any and all defects so noticed.
D. 
If, within 30 days from the date of the service of such notice, the owner or occupant does not perform the work required, upon filing proof of the service of such notice, the City Engineer may cause the required work to be done. In case the work is done by the City, the cost shall be paid out of the moneys appropriated in the annual tax levy to the construction, repair and maintenance of City property in the same manner as other work is paid for, and the cost of such work, when finished, shall be certified to by the City Engineer and a certificate thereof filed with the collector of revenue, who shall proceed according to law for the collection of the same.
[Amended 7-12-2023 by Ord. No. B-573]
E. 
Should the property be unoccupied, and the owner cannot be found within the City, the notice may be mailed, postage prepaid, to the owner's post office address, per the official tax records of the City of Hoboken. Such notice shall specify the work to be done and the date by which it must be completed.
[Amended 9-16-1998 by Ord. No. R-332; 7-10-2024 by Ord. No. B-689]
The care of trees now located, or which may hereafter be planted, along any street, road, highway, or public right-of-way is the responsibility of the owner of real property immediately adjacent to said street, road, highway, or public right-of-way, and is subject to the guidelines and regulations established by the Hoboken Shade Tree Commission as set forth in Chapter 169 of this Municipal Code.
[Amended 9-16-1998 by Ord. No. R-332; 7-10-2024 by Ord. No. B-689]
Any person desiring to plant trees or shrubs along any street, road, highway, or public right-of-way in the City shall comply with the guidelines and regulations established by the Hoboken Shade Tree Commission as set forth in Chapter 169 of this Municipal Code.
No person shall hawk, peddle or sell dry goods, wearing apparel, jewelry, ornaments, crockery or hardware from stands, wagons, pushcarts or otherwise on the public streets of the City except as may be provided by ordinance.
No person shall conduct on any street in the City the business of selling or offering for sale any ticket of admission to any performance or exhibition upon the premises of any theater or other place of public amusement. No person shall solicit, by words, signs, circulars or other means, any person to purchase any such ticket upon any street.
A. 
No permission shall be given to any person to use the streets or public places of the City for any private purpose, except upon the terms, conditions and in the manner herein provided. This section does not relate to or affect peddlers and other small dealers doing business under permits or established licenses.
B. 
Any person desiring to obtain permission to use the streets and public places of the City for any such purpose shall make application in writing therefor to the Mayor, stating particularly the use or uses he desires to make of such street or public places, and what structures or works they propose to erect or place therein.
C. 
License fees. As consideration for use of municipal rights-of-way, the licensee shall pay the City the following fees:
[Added 5-19-1993 by Ord. No. P-226]
(1) 
An administrative fee of $50 upon filing the initial application and each proposed amendment to the application.
(2) 
A flat fee of $5,000 per year for each ten-year period the license is in effect payable on the issuance of the license and on the anniversary date of the issuance of the license.
A. 
No person shall operate any cart, wagon or vehicle over any sidewalk in the City, except in crossing the sidewalk to go into a yard or lot.
B. 
No owner or occupant of any dwelling house, store or other building shall permit any cart, wagon or other vehicle to go upon the sidewalk in front of such building, for the purpose of loading or unloading or for any other purpose.
[Added 10-2-2002 by Ord. No. DR-58]
A. 
Any shopping cart abandoned on any street, sidewalk or other public right of way within the City shall be collected and stored in an appropriate place by the Department of Environmental Services.
B. 
A retrieval and storage fee of $25 per shopping cart shall be imposed upon the owner of the shopping cart or carts for recovery of the cart. The owner of the shopping cart shall not recover the cart or carts without payment of the retrieval and storage fee. Upon receipt, that fee shall be deposited into the general fund of the City of Hoboken.
C. 
If a recovered shopping cart is not reclaimed by the rightful owner within 30 days of recovery by the City, the City may dispose of the shopping cart or carts at auction or in any other manner deemed appropriate.
[1]
Editor’s Note: Former §§ 168-20, Deposits, added 5-4-1966 by Ord. No. C-268, as amended; 168-21, Littering, added 5-4-1966 by Ord. No. C-268; 168-22, Spilling or scattering dirt, sand or gravel, added 5-4-1966 by Ord. No. C-268; 168-23, Distribution of handbills or circulars, added 5-4-1966 by Ord. No. C-268; 168-24, Throwing fruit or vegetables in streets, added 5-4-1966 by Ord. No. C-268; 168-25, Waste receptacles to be provided by vendors, added 5-4-1966 by Ord. No. C-268; 168-26, Removal of grass, weeds or other impediments, added 5-4-1966 by Ord. No. C-268, as amended; and 168-27, Dogs committing nuisances, added 5-4-1966 by Ord. No. C-268, were repealed 10-17-2018 by Ord. No. B-76. See now Ch. 136, Nuisances.
[Amended 5-4-1966 by Ord. No. 268; 11-14-1987 by Ord. No. V-140; 15-16-2007 by Ord. No. DR-313; 6-6-2018 by Ord. No. B-37]
A. 
Any person, persons or corporations violating any of the provisions of this article shall, upon conviction thereof before the Municipal Judge, be subject to a fine in any sum not less than $250 nor exceeding $2,000 or to imprisonment for a period not exceeding 90 days, or both, the amount of such fine and imprisonment within the limitation aforesaid to be determined in the discretion of the Municipal Judge.
B. 
Any person who is convicted of violating this article within one year of the date of a previous violation of this article and who was fined for the previous violation shall be sentenced to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than $250, nor shall it exceed the maximum fine fixed for a violation of this article, but shall be calculated separately from the fine imposed for the violation of this article, as provided for by N.J.S.A. 40:69A-29.
[Added 6-20-2018 by Ord. No. B-42; amended 10-3-2022 by Ord. No. B-490]
A. 
Every residential building that utilizes a property management company shall continuously maintain a responsible agent.
B. 
As used in this chapter, a property management company shall be defined as a corporation, limited liability company, or any other legally recognized entity, that is responsible for the day-to-day maintenance of the property, which includes but is not limited to the sidewalk, flagging and curbstone abutting the building.
C. 
The responsible agent must be a natural person of the age of 18 years or more that shall be responsible to ensure the property management company maintains the property in accordance with this chapter.
D. 
The responsible agent must have a business office that is located in the State of New Jersey. The contact information for the registered agent must be filed with the Department of Environmental Services.
E. 
Every responsible agent shall ensure compliance with this chapter and shall also act as an agent of the property management company upon whom process against the property management company may be served and shall be personally responsible to appear and answer on behalf of the residential building. The responsible agent shall be required to accept service and answer any and all legal notices for the property management company and/or the residential building.
F. 
In addition, a summons may be issued to and served on the responsible agent for any violation of the City Code. The responsible agent shall be required to appear and answer on behalf of the property management company and/or the building for any violation of the City Code and shall be required to appear in court for any notices that are related to a violation of the City Code. It shall not be a defense that the property management company or building owner is responsible for a violation of the City Code as the responsible agent must be empowered to answer on behalf of both the property management company and the building owner.
G. 
No permits, approvals, or certificates of occupancy shall be issues by the City of Hoboken to a building that utilizes a property management company if said building has not provided valid responsible agent contact information to the City.
H. 
A violation of any provision of this section shall, upon conviction, in the Municipal Court of Hoboken or other court of competent jurisdiction, be punishable for the first offense by a fine of not less than $500 and not more than $2,000; imprisonment in the county jail, or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or a period of community service not exceeding 90 days.
I. 
Each day's failure to comply with any provision, rule, or order shall constitute a separate and distinct offense.