[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. V of Ch. 192 of the 1979 Code]
As used in this article, the following terms shall have the meanings indicated:
MATERIAL
All personal property other than refuse set out for collection by the Department of Community Services.
[Amended 6-15-2004 by Ord. No. 04-34]
STREET
Any public street, avenue, highway, esplanade, boulevard, parkway or square or any part thereof, including all lands between property lines on each side thereof.
The provisions of this article shall not be construed to apply to any person performing work on any street under contract with the Township.
Except where permitted by other ordinances or by rules and regulations of the Township, no person shall encumber or obstruct any street or sidewalk in the Township with any material, or cross any sidewalk or curb with any vehicle, without first having secured a permit to do so as hereinafter in this article provided.
No permit under this article shall be issued until the person applying therefor shall have first filed an application with the Building Subcode Official and shall have complied with the requirements of this article for deposits and fees.
The application for a permit under this article shall set forth:
A. 
The name of the applicant.
B. 
The address of the applicant for the purpose of receiving notices or other communications from the Township or its officers and agents.
C. 
The date to which the applicant desires the permit to run.
D. 
The character of the material which the applicant desires to store on the streets.
E. 
The location at which materials are to be stored or the curb or sidewalk is to be crossed.
F. 
An agreement to guard safely the material placed on the street and to light the property at night, as required by this article, and to assume all responsibility for guarding and lighting.
G. 
An agreement to abide by the terms of this article and all other ordinances of the Township and the rules and regulations of the Department of Community Services.
[Amended 6-15-2004 by Ord. No. 04-34]
H. 
An agreement to reimburse the Township, its successors, assigns, officers, servants and employees for any damages it or they may be required to pay by reason of such deposit of material on any street or such crossing of any sidewalk.
A. 
Before any permit is issued under this article for the storage of materials, the applicant therefor shall pay, as a fee for inspection, to the Building Subcode Official the sum of $5 for each and every month or fraction thereof during which said material is to be so stored.
B. 
An applicant for a permit for crossing curbs and sidewalks shall pay, as a fee for inspection, the sum of $1, unless said applicant has obtained a permit for the erection, alteration or repair of a structure on the abutting premises.
A. 
Before any permit is issued under this article for crossing curbs and sidewalks, the applicant therefor shall deposit with the Building Subcode Official the sum of $25. No interest shall be allowed or paid thereon.
B. 
The deposit shall not be returned until the crossing of said curbs and sidewalks has ceased and it appears that no damage has been done.
C. 
If at any time during the life of the permit or after its expiration an inspection discloses damages to the curb or sidewalk, the Building Subcode Official may give notice to the person holding the permit hereunder to commence the work of repairing or restoring the same within three working days after delivery thereof. If said person refuses or neglects to so do within the specified time and to prosecute the work with diligence, then the Building Subcode Official may have repaired or restored the damaged parts and charge the cost against the deposit. Such cost shall be computed by the Building Subcode Official.
D. 
As soon as such cost is ascertained, the Building Subcode Official shall deliver or cause to be delivered a notice at the address of the person holding such permit for the crossing of such curb or sidewalk, stating the amount of such charges. If such charges exceed the amount of the deposit, the holder of the permit shall pay to the Building Subcode Official the excess charges. No other permit under the provisions of this article shall be issued to the party against whom the charges are due until the excess charges are paid. The balance of the deposit, if any, at the expiration of the permit shall be repaid to the person holding such permit.
Whenever a permit for the storage of materials is issued to any person applying therefor, said materials stored upon the street shall in no case occupy any portion thereof lying more than 10 feet beyond the curbline, nor shall said material at any time be stored upon the sidewalks or along the curbs, which must at all times be kept open and unobstructed.
Whenever materials are deposited or placed upon any Township streets under a permit issued pursuant to this article, the person holding said permit shall place red warning lights at suitable points upon or near said obstructions and shall keep the same lighted during the period from 1/2 hour after sunset until 1/2 hour before sunrise.
No person to whom a permit shall have been issued therefor shall cross with vehicles any curbs or sidewalks without first properly protecting same in a manner approved by the Building Subcode Official. Any person who crosses with a vehicle any curb or sidewalk without protecting the same as herein required shall be liable, upon conviction, to a penalty as provided in this article.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.