[Amended 9-1-1965 by Ord. No. C-759; 12-21-1976 by Ord. No. 121-76; 8-4-1992 by Ord. No. 619-92; 10-17-1995 by Ord. No. 800-95; 9-13-2000 by Ord. No. 1059-2000; 3-23-2011 by Ord. No. 1549-2011; 5-22-2024 by Ord. No. 2159-2024; 6-10-2024 by Ord. No. 2167-20248-14-2024 by Ord. No. 2180-2024]
A.
No person or persons or body corporate shall encumber any street, sidewalk, highway or other public place within the corporate limits of the City of Perth Amboy or any part thereof by placing therein or thereon any box or boxes, barrel or barrels or any merchandise, chattel or thing whatever, except for the purpose of immediately transporting the same in or over such street, highway, sidewalk or other public place to or from his, her or their store or other building or place; provided, however, that this section shall not apply to any building material brought on or upon such street, sidewalk or other public place for the purpose of erecting any building or for the purpose of altering or repairing the same and which is hereinafter provided for; and further provided, however, that this section shall not apply where a sale day or sale days is designated by the City of Perth Amboy Office of Economic and Community Development as set forth in § 386-3B and Section C(5) herein.
B.
Sidewalk sale terms and conditions.
(1)
No sidewalk sale shall be permitted to project into sidewalk more than 1/2 the width of said sidewalk or eight feet, whichever is less, but in no case shall it extend so far as to leave less than four feet unobstructed for pedestrian traffic; except in areas where sidewalk is 20 feet or more wide from the building line to the curb, then a sidewalk sale may be permitted to project into sidewalk a max of 10 feet.
(2)
Sell or offer for sale any goods, wares or services on the public sidewalk, without a permit from the Director of Police pursuant to §§ 317-4 and 317-8. Sales of good or wares shall be permitted on the third Friday through Sunday of the months of June, July, August and September upon application to the City Office of Economic and Community Development, and as set forth in this § 386-3B, herein.
(3)
Any person submitting an initial permit application for a sidewalk sale shall pay a permit application fee of $75. The applicant shall also file with the Zoning Officer a certificate of liability insurance in the minimum amount of $1,000,000, naming the City of Perth Amboy and its agents, servants, and employees as additional insured, which policy shall be kept in full force during the term of the permit. The policy of insurance must be occurrence-based coverage, and any lapse in insurance coverage will result in the immediate suspension of the permit. In addition to obtaining the insurance coverage, the applicant for such permit shall execute a hold harmless agreement in which the applicant agrees to save, defend, keep harmless and indemnify the City and all of its officials and employees from and against any and all claims, loss, damages, injury cost, liability or exposure arising out of the granting of said permit. The permit application and supporting materials as set forth herein must be submitted to the Zoning Officer no less than 10 business days prior to the date of the proposed sidewalk sale.
(4)
Hours of operation shall be between 8:00 a.m. and 7:00 p.m.
(5)
Any and all sidewalk sale permit applications shall be submitted and received beginning on April 30th.
(6)
All business transactions must be finalized indoors.
(7)
Businesses are only allowed to sell and display their own products or goods. Partnering with other vendors is not permitted.
(8)
The sidewalk sale may have canopies, tables, clothing racks, shelving units, and bins no larger than 17W x 17 L x 10H inches.
(9)
Mattresses, large furniture or sale of food and/or beverages are not permitted on the public sidewalk.
(10)
This section shall not apply to any person or person desiring to distribute handbills or circulars or otherwise disseminate information from a fixed located on a sidewalk within the City of Perth Amboy. Permits for said activities must be obtained in accordance with the provisions of § 255-1 et. seq. herein.
C.
No person or persons or body corporate shall:
(1)
Park any motorized vehicle on the public sidewalk.
(2)
Conduct any gambling or other games of chance on the public sidewalk.
(3)
Ride a bicycle upon any public sidewalk.
(4)
Ride a scooter, roller skates or skateboard on any public sidewalk.
(5)
Lie on the public sidewalk, or on any object placed on the public sidewalk.
(6)
Sit on the public sidewalk, or on any object placed on the public sidewalk, for more than one hour in any two-hour time period.
(7)
Sell or offer for sale any goods, wares or services, or solicit funds for any purpose, in or on the public highway, except for licensed vendors.
(8)
Sit, stand, lie or otherwise use the public sidewalk, or place one's belongings or other objects upon the public sidewalk, in such manner as to unreasonably and significantly impede or obstruct the free passage of pedestrians.
(9)
Allow his or her belongings or other objects to remain unattended on the public sidewalk for more than 15 minutes.
(10)
Allow any dogs, cats, pigs, snakes, rodents, reptiles, birds, primates, or other exotic or domestic animals on the public sidewalk unless properly restrained by leash or in a cage.
(a)
Any animal with a known vicious propensity shall be muzzled.
(11)
Solicit money for any purpose on the public sidewalk except as provided in § 317-22 in an aggressive manner, or accompanied by conduct, including but not limited to repeated begging, insistent panhandling, retaliatory comments, blockage of free passage of a pedestrian, touching or yelling at a pedestrian, confrontation or intimidation, which is likely to cause a reasonable person to fear bodily harm to oneself or another, or damage to or loss of property.
(12)
Solicit money for any purpose on the public sidewalk in any manner, within an eight-foot radius of any building entrance, or within an eight-foot radius of any vending cart.
(13)
Solicit money for any purpose on the public sidewalk within a 20-foot radius of any bank entrance or any automatic teller machine.
D.
Exceptions.
(2)
(a)
Who requires the use of a wheelchair or other similar device to move about the sidewalk.
(b)
Operating or patronizing a commercial establishment properly licensed for business on the public sidewalk.
(c)
Participating in or attending a properly permitted parade, procession, or assemblage.
(d)
Sitting on a chair or bench supplied by a public agency, for a period not to exceed six hours in any 24-hour period.
(e)
Sitting on a chair supplied by abutting property owner.
(f)
Sitting within a transit stop, waiting for public or private transportation.
E.
Penalties.
(4)
For a violation of Subsection B, a first offense shall result in the licensee receiving a written warning. For a second offense, the court may impose a fine of not less than $150 nor more than $500. For each offense thereafter, the court may impose a fine of not less than $250 nor more than $1,000 and the City shall revoke the sidewalk sale permit, sidewalk cafe and/or sidewalk extension license upon receipt of notification of a third conviction for violation of this section. If the violation(s) is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.