[Adopted 7-1-1981 by Ord. No. C-194]
[Amended 7-1-1997 by Ord. No. R-256; 1-7-1998 by Ord. No. R-286]
The Zoning Officer is hereby authorized to grant revocable licenses, renewable at five-year intervals to property owners for the purposes of erecting or maintaining new fences, gates or stairways upon any street, sidewalk, or public easement of the City of Hoboken; provided, however, that the issuance of a license is conditioned upon the filing of a certificate of liability insurance in the minimum amount of $100,000 and filed with the Zoning Officer, naming the Mayor and Council of the City of Hoboken as coinsured, which policy shall be kept in full force during the erection of the fence and thereafter, except that owner-occupied one- and two-family homes shall be exempt from the liability insurance requirements set forth herein. Should the licensee fail to maintain the insurance as required by this section, then the encroachment shall be removed by the owner, or should the owner refuse to remove the encroachment, the Zoning Officer shall have the same removed and charge the cost thereof to the owner.
No fence, gate or stoop shall be permitted to project into a street, sidewalk or public easement more than the maximum projection of any fence, gate or stoop erected on the same side of the street between the next nearest two cross streets, which were fully completed on or before January 1, 1981, or three feet, whichever is greater.
[Amended 9-16-1998 by Ord. No. R-332]
All gates and fences erected on public thoroughfares shall be of cast iron or similar material and shall not be less than three feet nor higher than four feet in height. Chain-link fences are not permitted. The space between the lot line and the fence, gate or stoop so erected shall not be enclosed, sealed or otherwise encumbered or built upon nor shall it be utilized for the storage or placement of any personal property without the express approval of the City Council.
[Amended 11-17-1997 by Ord. No. R-276]
The Zoning Officer shall promulgate such rules and regulations regarding this article as are reasonably necessary to implement its terms and shall collect a flat fee of $20 per application for each license application made pursuant to § 168-36.
All fences, gates and stoops constructed on or before January 1, 1981, shall require no further license, provided that any alterations, additions or modifications to the same shall be governed by the regulations herein.
The City of Hoboken reserves all rights, privileges and immunities concerning its public easement over all streets and sidewalks within the City, whether or not any projection or encumbrance has been permitted to be erected on the same, without any waiver of such rights, privileges or immunities, whether expressed or implied.
The City of Hoboken expressly reserves the right to require the removal of all fences, gates, stoops or other projections or encumbrances upon any street, sidewalk or public easement, which are improperly constructed or maintained.
[Amended 8-15-2012 by Ord. No. Z-196]
In the event that an application is made pursuant to the terms of this article for premises that are located in an historic district or for an historic site so designated in Chapter 42 of the Code, no permit shall be issued without first obtaining the approval of the Hoboken Historic Preservation Commission.