[R.O. 1966 § 22:5-6; amended 8-5-2020 by Ord. No. 6PSF-D, 08-05-2020]
a.
Every person engaged in any work in, under or upon any street or
public place, or obstructing or encumbering with building material
or equipment, or using or occupying in any manner, any street or public
place, shall observe and comply with the provisions of this Article
and the regulations of the Director supplemental thereto.
b.
No person shall install, erect, hang, lay, bury, draw, emplace, construct,
modify or reconstruct any facility upon, across, beneath, or over
any street in this city (collectively, "use and occupy"); cause the
same to occur; or occupy the same without first obtaining a franchise,
license, or consent to use and occupy the streets from the City, except
where such person holds a franchise, license or consent from the State
of New Jersey, and no further franchise, license, or consent is required
from the City. No permit may issue to any person who does not hold
all required franchises, licenses, and consents. Provided that, subject
to such conditions as the City may establish, a franchise, license,
or consent may specifically permit a wireless infrastructure provider
to allow a wireless service provider to own part of a communications
facility without the wireless service provider obtaining a separate
franchise or consent to occupy the streets.
c.
A permit is not a franchise, license, or consent to use and occupy the streets within the meaning of Section 29:5-6b. No franchise, license, or consent to occupy the streets shall necessarily grant the right to utilize any particular location or install facilities along any particular route, or to occupy any City-owned pole, duct, conduit, or other fixed infrastructure within the streets, except as specifically provided by the agreement.
d.
Each franchise, license or consent shall, at a minimum contain provisions
ensuring that City may recover any reasonable costs incurred in connection
with use and occupancy of the streets and that permit the City, to
the extent allowed by applicable law, to recover the fair value of
the streets and other property affected by the use and occupancy of
the streets.
e.
Any franchise, license or consent issued prior to the effective date
hereof shall remain valid, but the modification of those facilities,
and the continued use of the streets must satisfy the requirements
of this article in accordance, except as prohibited by law.
[R.O. 1966 § 22:5-7]
No street or portion of a street shall be closed to traffic
except by written permission of the Director or his authorized representative.
[R.O. 1966 § 22:5-8]
When permission is granted for the closing of a street or for
the exclusion of traffic from a certain portion thereof, the holder
of such permit shall erect, or cause to be erected, suitable notices,
in the form prescribed by the regulations of the Director, of the
obstruction to travel. Such notices shall be erected in conspicuous
positions at all points of intersection of such street with the cross
streets nearest to the obstruction.
[R.O. 1966 § 22:5-9; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
Whenever permission is granted by the Director for the temporary
closing of any street, or for the temporary closing, occupancy or
disturbance of the surface of more than 1/2 of the roadway, or whenever
an unsafe condition is created on any street or public place in the
performance of any work or in the doing of anything authorized by
a permit, the holder of such permit shall notify the Division of Police,
Division of Fire and Department of Public Works at least 24 hours
in advance of starting work on, or occupying such street, for which
the permit is granted.
[R.O. 1966 § 22:5-10]
All open trenches, ditches, manholes, coalholes, vaults, excavations,
street surface disturbances, or any work in, under or upon any street
or public place which, if left exposed, would be dangerous to persons
using such street or public place, shall be properly fenced, railed
or barricaded as prescribed by the regulations of the Director until
the obstruction or danger be removed.
[R.O. 1966 § 22:5-11]
At twilight there shall be placed and lighted suitable and sufficient
lights upon or about railings, fences, barricades, building materials,
construction equipment and other obstructions and open trenches, ditches,
manholes, coalholes, vaults and excavations in any street or public
place, which shall be kept burning through each night that the obstruction
continues. The posting of red flags or other warning signs during
the daytime shall be prescribed by the regulations of the Director.
[R.O. 1966 § 22:5-12]
No person shall throw down, displace or remove any fence, rail
or barrier, or extinguish or remove any light or remove any warning
sign thereon or on any obstruction in any street or public place,
unless acting under the authority of the Director, or by the consent
of the person superintending the work or materials safeguarded thereby.
[R.O. 1966 § 22:5-13]
No owner, driver, manager, operator or conductor of any cart,
wagon, truck or other vehicle shall drive past any barrier, warning
sign or watchman posted to give warning, over or upon any newly paved
surface or other new construction, in any street or public place.
[R.O. 1966 § 22:5-14]
No earth, refuse, building material, construction equipment
or any other article or material whatsoever shall be deposited so
as to interfere with the free and unobstructed passage of water along
the gutter way of any street or public place.
[R.O. 1966 § 22:5-15]
No obstruction of any kind shall be placed upon any street or
public place within 10 feet of any fire hydrant. The space around
all such hydrants shall at all times within the limit aforesaid be
kept open and unobstructed within such ten-foot limit.
[R.O. 1966 § 22:5-16]
No obstruction of any kind shall be placed over or upon, or
in such a manner as to obstruct and prevent the use of any water box
or appliance, unless the location of such box or appliance be suitably
marked, and unless such obstruction can be readily removed from such
location immediately upon receipt of notice from the Director to do
so.
[R.O. 1966 § 22:5-17]
No lime, cement, mortar, concrete or other material shall be
mixed directly upon any paved surface of any street or public place.
A watertight box shall be employed for the mixing of any wetted material
over any paved surface.
[R.O. 1966 § 22:5-18]
a.
The owner, driver, manager, operator or conductor of any cart, wagon,
truck or other vehicle parked or standing in any street or public
place in such a manner that it obstructs the progress of work of public
improvement or of snow removal, or in such a manner that the flow
of traffic past such work or past any construction work, material
or equipment, is impeded, shall, upon verbal notice given by any Police
Officer, inspector or other duly authorized representative of the
Governing Body, immediately move such cart, wagon, truck or other
vehicle to a location separate from and clear of such work, material
or equipment under penalty of a fine of not more than $25 for neglecting
or refusing to do so.
b.
If such owner, driver, manager, operator or conductor of any such
vehicle cannot be located, or neglects or refuses to comply with the
notice to move as provided in this section, then the aforesaid representative
of the Governing Body shall, at the expense of such owner, driver,
manager, operator or conductor, move or cause to be moved such cart,
wagon, truck or other vehicle to some suitable location or place of
storage.
