It is the purpose and intent of the City Council
of the City of Brigantine in enacting this article to:
A. Serve, protect and promote the health, safety and
welfare of residents and visitors to the City of Brigantine.
B. Establish a uniform set of rules and regulations that
are fair and equitable concerning the display of goods, wares and
merchandise for sale on sidewalks within the City of Brigantine.
C. Promote economic development opportunities for businesses
within the City of Brigantine by allowing the display of goods, wares
and merchandise on sidewalks within the City of Brigantine.
D. Develop a regulatory system that will allow the sale
of such goods, wares and merchandise on sidewalks in the City of Brigantine
while ensuring and enhancing the overall appearance and environment
along public sidewalks.
E. Promote a festive atmosphere and enrich the City's
ambiance by allowing the sale of goods, wares and merchandise on sidewalks
within the City of Brigantine.
F. Ensure and enhance pedestrian traffic and travel along
the sidewalks of the City of Brigantine.
When used in this article, the following words,
terms and phrases and their derivations shall have the meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning:
GOODS, WARES AND MERCHANDISE
Shall include but not be limited to food stuffs, plants,
flowers, wearing apparel, jewelry, ornaments, art work, cosmetics
and beauty aides, health products and household needs or furnishings.
SIDEWALK
All that area legally open to the public use as a pedestrian
public way between the curbline and the legal building line of the
abutting property and any City right-of-way associated therewith.
STREET
All that area legally open to the public use as public streets,
culs-de-sac, roadways, boulevards, avenues, highways, parkways, alleys
or any other area used for vehicular traffic.
Nothing in this article is meant to be contrary
to or in any way negate the need to comply with any and all requirements
of the Atlantic County Board of Health or any and all other health
agencies with jurisdiction concerning any items which may be sold
or displayed pursuant to the provisions of this article.
Any individual or business entity who is the
owner or leases as a tenant any commercial establishment located within
the City of Brigantine which is a validly existing permitted commercial
use and has received prior approval from the City of Brigantine to
conduct said commercial use in said zone shall be allowed to display
goods, wares and merchandise on the sidewalks of the City of Brigantine
pursuant to the regulations established by this article.
No person, business or business entity may display
goods, wares or merchandise for sale pursuant to this article unless
they have applied for and received a mercantile license from the City
of Brigantine.
The display of goods, wares and merchandise
on the sidewalks within the City of Brigantine shall only occur between
the hours of 8:00 a.m. and 11:00 p.m. No such sale shall be permitted
in any fashion other than on the days and hours listed above, and
any person or other entity displaying goods, wares or merchandise
for sale other than during the permitted days and hours shall be in
violation of this article. No such display shall be allowed at any
time unless the commercial establishment is open for business.
Any person or business entity who is displaying
goods, wares or merchandise pursuant to this article shall at all
times keep the sidewalks, roadways and other spaces adjacent to their
display sites free and clean of all paper, peelings and refuse of
any kind generated from the operation of said business. Any and all
trash or debris accumulating of any nature whether originating from
said individual or business entity or otherwise which lands or is
located in the front of the business which is displaying goods, wares
or merchandise must be cleaned and deposited in a trash container
by said person or business entity.
No person or business entity shall be permitted
to do the following in conjunction with the display of goods, wares
or merchandise on sidewalks within the City of Brigantine:
A. Have any pushcart or other movable conveyance which
cannot be placed inside of the building or store where such goods,
wares or merchandise are sold as part of the internal display within
said store.
B. Display any goods, wares or merchandise within 15
feet of any street.
C. Display any goods, wares or merchandise within 10
feet of any driveway, loading zone or bus stop.
D. Display any goods, wares or merchandise within five
feet of another store or commercial establishment or in any location
other than the front of the store or commercial establishment owned
or leased by the individual or business entity displaying said goods,
wares or merchandise.
E. Not allow at least a minimum of 15 feet from the curbline
for the unobstructed passage of pedestrians.
F. Place any display of goods, wares or merchandise on
any median strip, divided roadway or other area.
G. Place any display of goods, wares or merchandise within
20 feet of any fire hydrant or fire escape.
H. Place any display of goods, wares or merchandise within
20 feet of any parking space or access ramp designated for persons
with disabilities.
I. To display any goods, wares, or merchandise which
cumulatively would be greater than 20 linear feet for any single store.
[Added 8-7-2002 by Ord. No. 12-2002]
No person or business entity, if allowed to
display any goods, wares or merchandise for sale, shall take any action
which shall result in any of the following:
A. Unduly obstructing any pedestrian or motor vehicle
traffic flow of any nature.
B. Obstructing any traffic signals, traffic signs or
other regulatory signs or signs erected by the City of Brigantine
or other appropriate governmental authority.
C. Stop, stand or park any vehicle, push cart or other
means of conveyance in violation of any statutes or ordinances of
the City of Brigantine or in any way that would block a sidewalk or
any portion thereof.
D. Leave any goods, wares or merchandise unattended at
any time or leave any goods, wares or merchandise outdoor in a public
space between the hours of 11:00 p.m. and 8:00 a.m.
E. Erect any stand or other fixed location, structure
or items that cannot be removed each night from the sidewalk where
any such goods, wares or merchandise is displayed.
F. Go to any car, bicycle or other means of transportation
parked in the street in front of said store to sell any goods, wares
or merchandise.
G. Use any loudspeaker, bell, whistle or other sound
or light device that in any way advertises or draws to the attention
of the public the goods, wares or merchandise for sale or is in any
way considered loud, raucous or used to attract public attention.
H. Display any goods, wares or merchandise in such a
way as to restrict or interfere with the ingress or egress of abutting
property owners or otherwise create a nuisance, increase traffic congestion
or delay or constitute a hazard to person or property.
I. Take any action in the display of goods, wares or
merchandise which would obstruct adequate access to any commercial
establishment by any police or emergency vehicles.
Any person who violates any provision of this
article shall be subject to a fine of up to $1,000, jail term of up
to 90 days, or both, in the discretion of the Municipal Court Judge.
Each day a violation continues shall be considered a separate violation
and a separate summons may be issued for each such violation on each
day.