[G.O. No. 2081, 6-6-2017]
As used in this article, the following terms shall have the
meanings indicated:
A temporary freestanding sign located on the sidewalk or
sidewalk area in front of a storefront.
[G.O. No. 2081, 6-6-2017]
(a)
An owner or tenant of a property shall be exempt from obtaining a
zoning permit for a sidewalk sign. However, no sidewalk sign shall
be erected without a permit issued by the Town Clerk or a duly authorized
representative of the Clerk in consultation with the Fire Department,
Police Department, Town Engineer and such other officials, or their
designees, as may be desirable. Permits are valid for the calendar
year in which application is made.
(b)
There shall be an annual permit fee in the amount of $25 for permission
to erect sidewalk signs(s) pursuant to this article.
[G.O. No. 2081, 6-6-2017]
No sidewalk sign permit shall be issued unless the applicant
shall have first filed with the Town Clerk a copy of an insurance
policy or certificate of insurance, issued by a company duly authorized
to transact business under the laws of this state and naming the Town
of Westfield as an additional insured, providing for the payment of
not less than $1,000,000 to satisfy all claims for damage by reason
of bodily injuries to, or the death of, any person as a direct or
indirect result of the placement of the sidewalk sign and further
providing for the payment of not less than $10,000 to satisfy all
claims for property damage occurring as a direct or indirect result
of the placement of the sidewalk sign.
[G.O. No. 2081, 6-6-2017]
No sidewalk sign permit shall be issued unless the applicant
shall have first executed and filed with the Town Clerk an indemnification
agreement pursuant to which the applicant, in further consideration
of the issuance of the permit, shall agree to forever defend, protect,
indemnify and save harmless the Town of Westfield, its officers, agents
and employees, from, and against, any and all claims, causes of action,
injuries, losses, damages, expenses, fees and costs arising out of,
or which may arise out of, the applicant's placement of the sidewalk
sign.
[G.O. No. 2081, 6-6-2017]
(a)
Each business located within the CBD, GB-1, GB-2, GB-3, or C Zone
Districts and having its own separate entrance onto the public sidewalk
at street level may place upon the public sidewalk in front of the
said place of business and solely during the hours the said business
is in operation, one sidewalk sign along each street frontage.
(b)
The sign shall have a maximum width of 30 inches, maximum height
of 48 inches and maximum depth of 24 inches.
(c)
The sign shall be located no closer than 10 feet to any side yard
property boundary; provided, however, that in the case of a property
having a frontage of less than 20 feet, the sign shall be located
as near to the center of the frontage as practicable. The sign shall
be further located within four feet of either the curb face or the
front of the building, provided further, however, that a sixty-inch-wide
unobstructed path shall be maintained at all times on the sidewalk.
(d)
No sign shall be erected and maintained in a manner that prevents
free ingress or egress from any door, window, or fire escape.
(e)
Sidewalk signs cannot be attached to the sidewalk, structures, poles,
or other objects by bolts, chains, cords, rope, wire, cable, or any
other means.
(f)
The sign shall be removed from public sidewalks if there is any snow
accumulation on the sidewalk and the sign may not be displayed until
the snow is removed.
(g)
The sign shall be constructed of weather-resistant materials. Paper,
fiberboard, foam core board, corrugated paper or unfinished wood materials
shall be prohibited. The sign shall be constructed and weighted so
as to be impervious to the effects of strong winds. The sign shall
be maintained at all times in good repair and shall not be permitted
to weather, fade, peel, crack or otherwise deteriorate. The sign shall
not be illuminated, nor shall it contain moving parts or have balloons,
streamers, pennants, or similar adornment attached to it.
[G.O. No. 2081, 6-6-2017]
(a)
Notwithstanding any provision contained in this article to the contrary,
the Fire Department and/or Police Department shall have the right
to prohibit or further restrict the location of any sidewalk sign
which, in their sole discretion, they deem by virtue of the sign's
construction or location, to constitute a safety hazard to the public.
(b)
Sidewalk signs may be moved/removed by the Town of Westfield for
municipal purposes such as snow removal, traffic issues, and maintenance
of the public right-of-way.
[G.O. No. 2081, 6-6-2017]
The Chief of the Fire Department of the Town of Westfield (or
his designee) shall be charged with the responsibility for enforcing
the provisions of this article. Upon a determination by the Fire Chief
(or his designee) that a permittee has violated one or more of such
provisions, the Fire Chief shall give written notice to the permittee
to correct such violation within 24 hours of the receipt of such notice
by the permittee. In the event that the permittee fails or refuses
to correct such violation within such period, the permittee's permit
shall thereupon, and automatically, be revoked. Upon revocation of
such permit, the permittee, upon written request, shall be entitled
to a hearing before the Town Council of the Town of Westfield within
14 days of the date of the permittee's request.
[G.O. No. 2081, 6-6-2017]
(a)
Any person convicted of a violation of this article shall be subject
to a fine not to exceed $500. Each violation of a section or subsection
of this article, and each day that a violation continues, shall constitute
a separate offense.
(b)
Sidewalk signs placed in violation of this article shall be immediately
removed. The failure to cure any violations of this article shall
result in the occupant's permit privileges being denied for the remainder
of that year.
