The Township Council of the Township of Parsippany-Troy
Hills has determined that the establishment of outdoor eating establishments
will help to foster a pleasant and distinctive ambience within the
Township and that the proper regulation of such establishments is
required in the interests of the health, safety and welfare of the
people of the Township.
As used in this chapter, the following terms
shall have the meanings indicated:
OUTDOOR EATING ESTABLISHMENT
Any eating establishment where food and other refreshments
are served within the public right-of-way, namely the sidewalks immediately
in front of any restaurant, cafe, cafeteria or place of business where
food and/or other refreshments are served or where permitted on private
property pursuant to the Land Use Ordinance of the Township.
SIDEWALK
That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building containing
an eating establishment.
No person shall operate an outdoor eating establishment
within the Township of Parsippany-Troy Hills without first obtaining
a license and satisfying all of the requirements of this chapter.
[Amended by Ord. No. 97:24]
A. No license shall be issued hereunder unless the applicant
shall demonstrate that a minimum of three feet of unobstructed paved
surface will be available for pedestrian movement around or through
such outdoor eating establishment. No food or drink shall be prepared
or stored other than in the interior of the eating establishment.
B. Outdoor eating establishments shall be permitted to
operate from April 1 to October 31 in any calendar year. The license,
when issued, shall be valid for one season.
C. No tables, chairs or other equipment used in the outdoor
eating establishment shall be attached, chained or in any manner affixed
to any tree, post, sign, curb or sidewalk or property of the Township
within or near the licensed area.
D. The licensee shall not direct or permit to be directed
to or from the area occupied by the outdoor eating establishment any
bell, chime, siren, whistle, loudspeaker, public address system, radio,
sound amplifier or similar device.
E. No outdoor eating establishment shall open for business
prior to 11:00 a.m. nor remain open for business after 11:00 p.m.
All persons occupying the outdoor eating establishment shall vacate
the same no later than 11:00 p.m.
F. Within 30 minutes after the closing of the outdoor
eating establishment, the operator shall have all furniture, apparatus,
decorations and appurtenances and any other items used in connection
with the operation of such outdoor eating establishment removed from
the sidewalk. All such materials shall be stored in a safe and secure
interior location.
G. The Township shall not require additional parking
for outdoor cafe seating, provided that the number of seats in the
outdoor cafe does not exceed 30% of the total number of seats in the
restaurant, and further provided that any restaurant may install up
to three outside tables without it affecting the parking standard.
The Township parking standard shall be applied to any seating which
exceeds this calculation.
Any person convicted of a violation of any of
the provisions of this chapter shall be subject to a fine not to exceed
$500 or 90 days imprisonment, or both. Each violation of a section
or subsection of this chapter, and each day that a violation continues,
shall constitute a separate offense.