[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-8-1995 by Ord. No. 2187]
As used in this chapter, the following terms shall have the meanings
indicated:
All land within the Borough of Bergenfield designated on the Official
Map of the Borough of Bergenfield as a public right-of-way for streets, more
particularly, being those areas most commonly 50 feet in width, which public
streets and sidewalks are, or intended to be, constructed.
A paved area between the edge of a street, road or highway and the
nearest boundary of the right-of-way within which said street, road or highway
is situated and used or intended to be used for pedestrian traffic.
Public thoroughfares constructed within the Borough rights-of-way,
and comprising that paved area intended for travel or parking of motor vehicles.
Except as permitted herein, it shall be unlawful for any person, firm,
partnership or corporation to obstruct or permit the obstruction of any portion
of any street, road, highway or sidewalk within the Borough of Bergenfield.
It shall also be unlawful for any person, firm, partnership or cooperation
to erect or place any structure, fence or wall within a Borough right-of-way
without the express written permission of the Mayor and Council of the Borough
of Bergenfield or its duly authorized agent. A sidewalk shall be deemed to
be obstructed if any item is placed so as to prevent its entire width or a
ten-foot-wide walkway, whichever is less, from being used for the unimpeded
passage of pedestrian traffic. This provision shall not be used, however,
to condone outdoor display of merchandise or any other activity unless specifically
permitted by some other section of the Bergenfield Code. The placing of any
item within a street, avenue or roadway which would interfere with the unimpeded
use of said street, road or highway in the Borough of Bergenfield shall constitute
an obstruction. Notwithstanding the foregoing, no structure or fixture shall
be constructed upon any portion of a sidewalk without written permission of
the Mayor and Council of the Borough of Bergenfield.
A.
The Mayor and Council of the Borough of Bergenfield may,
by duly adopted resolution, suspend the operation of the preceding section
in whole or in part as to any particular street, road, highway, sidewalk or
right-of-way within the Borough of Bergenfield for time periods not to exceed
24 hours in duration. Any person wishing to apply for permission to hold a
street fair or similar activity necessitating the suspension of the preceding
section shall apply to the Borough Clerk not less than 30 days in advance
of said event and pay the following prescribed fees:
(1)
For nonprofit or charitable corporations or associations
or individual residents where no commercial activity is to take place: no
charge.
(2)
Where the sale of goods or services are contemplated,
or commercial activity of a profit-making nature is intended: one event: $100;
two events: $150.
(a)
Any sponsor of a street fair or special event as defined
herein shall not be permitted to charge as a participation or entry fee to
a third party an amount greater than the amount of the fees allowable herein.
B.
The Mayor and Council shall require a certificate of
insurance naming the Borough of Bergenfield as an additional insured, in such
amount as the Borough Administrator may reasonably prescribe, depending upon
the nature of the event.
C.
Any person receiving a permit pursuant to this section
shall carry said permit on their person at all times that the street or sidewalk
is obstructed and shall, on request, display same to any duly authorized representative
of the Borough of Bergenfield. In the event a street fair includes multiple
activities such as food concessions, amusements or multiple vendors of merchandise,
each such vendor or participant shall be separately listed on the permit and
given a copy thereof to display upon request. It shall be permissible for
an organization to supply one certificate of insurance and make one application
covering multiple participants named on the application and the certificate
of insurance specifically extends coverage to all participants.
D.
In accordance with the police powers afforded the Borough
pursuant to the applicable provisions of the New Jersey State Constitution
and Statutes, the Borough reserves the right to limit the number of permits
to be issued in one day to one.
Any person and/or entity found guilty of violating any of the provisions
of this chapter shall be subject to a minimum mandatory fine of not less than
$200 for a first offense. For a second or subsequent violation, any person
found guilty of having violated the provisions at this chapter shall be subject
to a minimum mandatory fine of not less than $500 nor more than $1,000.
Notwithstanding anything contained herein to the contrary, the provisions
of this chapter shall not be applicable to local ordinances allowing block
parties and similar activities.
[Adopted 2-17-2004 by Ord. No. 04-2320]
A.
The Bergenfield Chamber of Commerce is hereby designated as sole
administrator of vendor permits for the Annual Bergenfield Street Festival,
with all vendor applications to be processed and approved by the Bergenfield
Chamber of Commerce, with any and all vendor fees to be paid directly to the
Bergenfield Chamber of Commerce in order to permit vendors to participate
in the Annual Bergenfield Street Festival.
B.
All vendors desiring to participate in the Annual Bergenfleld
Street Festival are required to obtain prior approval from the Bergenfield
Chamber of Commerce in order to participate, and in the event that it is discovered
that vendors participating do not possess valid approval and authorization
from the Bergenfield Chamber of Commerce, the Bergenfleld Police Department
is authorized to enforce this resolution by appropriate legal action.
