[Adopted 6-17-1889 as Ch. 250]
[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.
(14) 
Distribute any handbills pursuant to Chapter 255 on the public sidewalk within an eight-foot radius of any building entrance, other than the proprietor of a business located within such building.
D. 
Exceptions.
(1) 
The prohibitions set forth in Subsection C(5) and (6) shall not apply to any person sitting or lying due to a medical emergency.
(2) 
The prohibitions set forth in Subsection C(5) and (6) shall not apply to any person:
(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.
(3) 
The prohibitions set forth in Subsection C(3) and (4), relating to bicycles, scooters, roller skates and skateboards, shall not apply to any person under the age of 12, nor shall it apply to any person skating in a controlled manner on the public sidewalk so as to fit with the flow of pedestrians.
(4) 
The prohibitions set forth in Subsection C(4), (6) and (9) shall not apply to duly licensed sidewalk cafes as provided for in this chapter.
E. 
Penalties.
(1) 
For a violation of Subsections C(1), (2), (3), (4), (5), (6), (8) and (9), a fine of $20 will be imposed.
(2) 
For a violation of Subsection C(4), (10), (11), (12), (13) and (14), a fine of not more than $300 will be imposed.
(3) 
For a violation of Subsection C(7), a fine of not more than $500 will be imposed pursuant to § 317-20.
(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.
[Amended 12-21-1976 by Ord. No. 121-76]
No person or persons or body corporate shall cause or allow to open outward any driveway gate or other like structure within the corporate limits of the City of Perth Amboy on, over, across or upon any street, sidewalk or highway of said city.
[Amended 12-21-1976 by Ord. No. 121-76]
No person or persons or body corporate shall construct or continue any cellar door which shall extend more than one-twelfth (1/12) part of any sidewalk within the corporate limits of the city.
[Amended 12-21-1976 by Ord. No. 121-76; 12-2-2012 by Ord. No. 779]
No owner or occupant of any dwelling house, store or other premises within the corporate limits of the City of Perth Amboy shall fix, put up, hang or erect, or suffer the same to remain fixed, put up, hung or erected, any sign, showbill, showcase or other thing which shall project into, on, over or across any street, sidewalk, highway or other public place in said city more than three (3) feet in front of and from the wall or front of any such building or premises; provided, however, that this section shall not apply to the erection of illuminated signs having a clearance of at least thirteen (13) feet from the sidewalk and a projection not to exceed the width of the sidewalk and for the erection of which illuminated sign a permit shall have been obtained from the Inspector of Buildings and a certificate procured from the same officer, setting forth that the said sign has been erected or hung in a secure and proper manner.[1]
[1]
Editor's Note: For fees for sign permits, see Ch. 170, Building Construction § 170-3A(15), and for further regulations regarding signs, see Ch. 430, Zoning.
[Added 8-19-1889 by Ch. 251; amended 12-21-1976 by Ord. No. 121-76]
No person or persons or body corporate shall erect or cause to be erected on, over or across any street or sidewalk or any part thereof any awning, shed or other like structure within the corporate limits of the City of Perth Amboy unless the same shall be at least nine (9) feet in height from the surface of such street or sidewalk, measured from the curbline of the same, and at least ten (10) feet in height from such surface if such awning, shed or other like structure does not extend to said curbline.
[Added 8-19-1889 by Ch. 251; amended 12-21-1976 by Ord. No. 121-76]
No person or persons or body corporate shall continue or allow to be continued or allow to remain on, over or across any street, sidewalk or any part thereof within the corporate limits of the City of Perth Amboy any shed, awning or other structure of like nature unless the same shall be at least nine (9) feet in height from the surface of such street or sidewalk, measured from the curbline of the same, and at least ten (10) feet in height from such surface if such awning, shed or other like structure does not extend to said curbline.
[Added 8-19-1889 by Ch. 251; amended 12-21-1976 by Ord. No. 121-76]
No person or persons or body corporate shall board up or enclose the side or sides or any part thereof of any awning, shed or other like structure erected or hereafter erected on, over or across any street or sidewalk or any part thereof within the corporate limits of the City of Perth Amboy; and further, no person or persons or body corporate shall, within the corporate limits of the said city, allow the boards or other like enclosure to remain on the side or sides of any awning, shed or other like structure or any part thereof.
[Added 10-16-2011 by Ord. No. 737]
All contractors and others hereafter engaged in building, repairing or constructing on lots fronting on or adjoining any paved street in this city and desiring to use a part of any such street for the purpose of mixing mortar or other like material thereon shall be required to prepare a tight box with closed sides and ends, placed on a bed of sand at least four (4) inches in depth, in which to mix and prepare such mortar or other material, and to mix and prepare the same in such box and not elsewhere.
[Added 6-1-1914 by Ord. No. 837; amended 12-21-1976 by Ord. No. 121-76]
A. 
No person shall encumber or obstruct any street, highway, public lane or alley or other public place in the City of Perth Amboy by placing therein or thereon any building material and any article or thing whatsoever without having first obtained the written permission of the Department of Public Works.
B. 
The Department of Public Works is hereby authorized to issue such permit upon the payment of a fee of ten dollars ($10) for fifty (50) feet of street frontage or less and fifteen dollars ($15) additional for all frontage in excess of fifty (50) feet, the width of street to be used being limited in accordance with traffic conditions.
C. 
The Department of Public Works is also hereby authorized and directed, upon being satisfied that such encumbrance or obstruction so authorized has been removed and the public street or place whereon it was restored to its former condition, to return the fee so paid to the person receiving such permit.
D. 
Upon failure or refusal of the person receiving such permit to remove any such encumbrance or obstruction within twenty-four (24) hours after receiving notice in writing from the Department of Public Works so to do, the said Department is authorized and directed to remove or cause the removal thereof forthwith, and in such case the fee paid for the aforesaid permit shall be forfeited.