[Adopted 11-8-1995 by Ord. No. 2187]
As used in this chapter, the following terms shall have the meanings
indicated:
BOROUGH RIGHT-OF-WAY
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.
SIDEWALKS
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.
STREETS, ROADS and HIGHWAYS
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.
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]