[Adopted 7-18-2001 by Ord. No. 12-2001]
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.