[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.
[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. 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.
(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.
[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.
[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.
[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.
[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.