Except as otherwise provided herein, it shall be unlawful for
any person or persons, partnership or corporation to erect or maintain
stands or showcases or display or sell merchandise on or from the
sidewalks of this City, or to place any article, substance or thing
upon the sidewalks of said City in any manner so as to encumber the
same.
[Added 5-19-1982 by Ord. No. C-211; amended 9-4-1996 by Ord. No.
R-198; 5-17-2000 by Ord. No. R-439]
A. The provisions of this article shall exempt the display and sale
of merchandise by local retail merchants from the sidewalk area directly
in front of their own storefronts.
B. Said displays shall not protrude more than six feet from the building
line of the merchant's premises or 1/3 of the sidewalk abutting said
premises, whichever is less, provided that a minimum of six feet remains
for the pedestrian right-of-way and/or passage way. Trees, tree wells,
parking meters, trash receptacles, and other obstructions shall not
be considered in determining the proper special area of the pedestrian
right-of-way and/or passageway. Sidewalk space occupied by these above-mentioned
obstacles shall not be included in the calculation of available sidewalk
area. No such display, sign, advertisement, or other type of placard
shall be located in an area outside of the parameters defined herein.
No such display shall be so placed as to protrude into or upon the
sides of corner properties.
C. No display shall be so placed as to interfere with the pedestrian
right-of-way.
D. The sidewalk space designated for such displays may only be utilized
by a merchant who either owns the pertinent storefront area or rents
directly from the owner of said storefront area. No such merchant
may sublet or assign this sidewalk space to another merchant and/or
individual.
E. Lawfully entitled merchants (as defined in Subsection
D hereof) may only display those items which are sold within their own respective stores. No item may be displayed for sale within said sidewalk space if that item is not contained within the merchant's regular line of merchandise.
[Amended 11-4-1987 by Ord. No. V-140; 5-16-2007 by Ord. No.
DR-314]
A. Any person, firm or corporation violating any of the provisions of
this article shall, upon conviction thereof, be subject to a fine
of not less than $100 nor exceeding $1,000 or imprisonment for a period
not exceeding 90 days, or both, and each and every day in which said
violation exists shall constitute a separate violation.
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 $100 nor
shall it exceed the maximum fine fixed for a violation of this article,
but it 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.
[Amended 6-14-1994 by Ord. No. R-52]
A. Anything in this article to the contrary notwithstanding, the Council
of the City of Hoboken may, from time to time, authorize by resolution
the holding of a special sidewalk sale in the City. Such authorization
to hold a special sidewalk sale shall be available to all merchants
having a retail store within the City of Hoboken.
B. Anything in this article to the contrary notwithstanding, the Council
of the City of Hoboken may, from time to time, authorize by resolution
the holding of special programs as recommended by the Director of
the Division of Cultural Affairs. Such programs may include outdoor
fairs and exhibitions. The Director of the Division of Cultural Affairs
may also be authorized, at its request, to issue and collect special
daily/weekly vendor permits for such programs at costs established
by the Division and approved by the Council. All fees collected shall
be turned over to the Treasurer of the City of Hoboken for deposit
to the proper municipal accounts. On the recommendation of the Division
of Cultural Affairs and the approval of the Council, the foregoing
special programs may include the offering and sale of arts and crafts
items and related apparel, jewelry, ornamentation and the like. The
Council, on the recommendation of the Director of the Division of
Cultural Affairs, may grant exclusive authorization for such programs
on the sidewalks, streets and public property during the period of
the approved program.