[R.O. 1966 C.S. § 22:4-1; Ord.
6 S+FK, 1-21-1987; Ord. 6 S+FG, 10-7-1987]
a.
It shall be unlawful for any person to place or cause, suffer or
permit to be placed or maintained, any showcase or other construction
or device for the display of merchandise, or any box, barrel, can,
package or thing whatsoever on or over any sidewalk, roadway or public
place; or to display or cause, permit or suffer to be displayed upon
or over any sidewalk, roadway or public place, any merchandise for
sale or advertisement, under penalty of a fine of not more than $1,000
but not less than $50 for each offense for each and every day such
encumbrance or obstruction shall continue.
b.
Exceptions. The following business entities shall be exempt from
the provisions of this section, provided that the entities operate
in accordance with the Revised General Ordinances of the City of Newark:
1.
Retail vendors of fruits and vegetables, whose sole and primary business
venture is the sale of the merchandise for profit, and limits its
use of the sidewalks for displays outside and in front of an ongoing
commercial establishment in furtherance of the business, and where
such use of the sidewalks is an integral part of the business. Provided
in no event shall the sidewalk be encumbered or obstructed as to impede
the flow of pedestrian traffic and no more than two feet of sidewalk
shall be otherwise obstructed by the display of the merchandise.
2.
Retail vendors of flowers and other plants, whose sole and primary
business venture is the sale of the merchandise for profit, and limits
its use of the sidewalks for displays outside and in front of an ongoing
commercial establishment in furtherance of the business, and where
such use of the sidewalks is an integral part of the business. Provided
in no event shall the sidewalk be encumbered or obstructed as to impede
the flow of pedestrian traffic and no more than two feet of sidewalk
shall be otherwise obstructed by the display of the merchandise.
[R.O. 1966 § 22:4-2]
No person shall erect or maintain, or cause to be erected or
maintained, any post or pole in any public street or public place
in the City except for the purposes, and in the manner provided for
by ordinance.
[R.O. 1966 § 22:4-3]
No person shall hereafter construct, continue or enlarge any
bay or bow window, upon or of, any dwelling house, store, building
or other structure over or upon any street or public place in the
City under penalty of a fine of not more than $50 for each offense
for each and every day such bay or bow window shall continue.
[R.O. 1966 § 22:4-4]
No person shall erect, construct or place, or suffer or permit
to remain any building or fence or any appurtenance or fixture connected
therewith, in whole or in part, upon any street or public place in
the City under penalty of a fine of not more than $50 for each offense,
for each and every day such building or fence, appurtenance or fixture
connected therewith shall continue.
[R.O. 1966 § 22:4-5]
No person shall hereafter construct or enlarge any platform
or stoop or steps in or upon any street or public place in the City
that shall project from the building line more than 2 1/2% of
the width of the street but not more than five feet.
[R.O. 1966 § 22:4-6]
No person shall cause, suffer or permit any horse, cart, wagon,
motor or other vehicle, except construction equipment as authorized
by this Title, to stand or remain upon any sidewalk or portion of
a driveway occupying a sidewalk, of any street or public place in
the City, under penalty of a fine of not more than $25 for each offense.
[R.O. 1966 § 22:4-7]
The Director or his authorized representative is hereby authorized,
empowered and directed to summarily take out, remove and abate, or
cause to be summarily taken out, removed and abated any article, or
thing whatsoever which may obstruct, encumber, project in or over,
or encroach upon any street or public place in the City contrary to
the applicable provisions of this chapter and of Chapters 6, Walls
and Fences through Chapter 12, Sidewalk Elevators of this Title. The
expense thereof shall be recoverable of the owner, lessee or occupant
of the premises appertaining to the thing so taken out, removed or
abated. Provided, however, that in those cases requiring notice by
any provisions of this chapter and of Chapters 6 through 12 of this
Title, such removal shall be undertaken only after service of the
required notice and the expiration of the prescribed time limit.
[R.O. 1966 § 22:4-8]
Any article or thing, which may be removed in accordance with the provisions of Section 29:4-7, shall be advertised and sold by the Director or his authorized representative at the end of 30 days after such removal, unless the same shall be sooner reclaimed, and the penalty and cost paid by the owner thereof. The Director or his authorized representative making such sale shall immediately thereafter pay the proceeds to the City treasury, and furnish the comptroller with a statement of the article or thing sold, the amount for which the same was sold. The balance, if any, after deducting the penalty and costs, shall be paid to any person furnishing satisfactory proof of ownership. Provided, however, that all perishable goods or articles removed under the provision of the preceding section may be sold after 24 hours publication of notice of sale in any newspapers published in the City, or by posting such notice of sale in five public places in the City 24 hours before the time of such sale.
[R.O. 1966 § 22:4-9]
a.
It shall be unlawful for any person to gouge, paint, stencil, color,
mark or deface the pavement, sidewalk or curb of any public street
in the City or any pavement in the City; provided, however, that this
section shall not apply to the painting of curb and sidewalk at driveways
in a manner approved by the Director.
[R.O. 1966 § 22:4-10]
It shall be unlawful for any person to break up, displace or remove any pavement, crosswalk, curb, sidewalk, basin head or inlet, manhole head or any other construction placed or authorized by the Governing Body, appurtenant or related to street pavement and improvement, except as provided for by ordinance and the regulations of the Director. Any person convicted of a violation of this section shall be punished as provided in Section 1:1-9 of these Revised General Ordinances in addition to paying the expense of restoring such construction to its proper condition.
[R.O. 1966 C.S. § 22:4-11; Ord.
6 S+FD, 10-20-1993]
No person shall move or transport over any bridge or paved roadway,
paved sidewalk or other paved public place in the City any vehicle
or equipment weighing in excess of 20 tons, or having a greater wheel
load than eight tons, without first obtaining the written permission
of the Director or his authorized representative and approval of the
route to be followed through the City, under penalty of a fine or
not more than $35 for each offense. No such permit shall be granted
until and unless there shall be paid to the City the sum of $35 as
a fee for such permit.
[R.O. 1966 § 22:4-12]
No person shall move on its own treads or tracks any metal faced
track laying vehicle over or upon the paved streets of the City under
penalty of a fine of not more than $25 for each offense in addition
to paying the cost of restoring the pavement to its proper condition.
[R.O. 1966; C.S. § 22:4-13; Ord.
6 S+FD, 10-20-1993]
No person shall remove, or cause to be removed, or aid or assist
in removing any lunch wagon, or steam shovel or shovel using other
motive power or roller, or other vehicle except pleasure vehicles
and the ordinary vehicles of commerce, through any street or public
place in the City without first obtaining the approval and the written
permission of the Director or his authorized representative and paying
to the City a fee of $35 for each such vehicle or lunch wagon moved.
[R.O. 1966 § 22:4-14]
No person shall remove or cause to be removed, or aid or assist
in removing any building to, along or across any street in the City
without first having obtained the written permission of the Director.
[R.O. 1966 C.S. § 22:4-15; Ord.
6 S+FD, 10-20-1993]
a.
No person shall cross over or upon the curb or paved sidewalk of
any street in the City with any horse, cart, wagon, truck or other
vehicle except at driveways, without the permission of the owner or
occupant of the building or lot in front of which such curb or sidewalk
is situated and the written permission of the Director or his authorized
representative.
b.
No permit required by this section shall be granted until there has
been deposited with the City the sum of $130. Upon expiration of the
permit the deposit shall be returned less any cost or expense to the
City by reason of any injury or damage to the curb or sidewalk caused
by the holder of such permit. No such permit shall be granted until
and unless there shall be paid to the City the sum of $35 as a fee
for such permit.
