[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 § 22:5-14]
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.