[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia 7-12-1999
by Ord. No. 4-99. Amendments noted where applicable.]
BOROUGH RIGHT-OF-WAY — All land within the Borough designated
on the official map of the Borough as a public right-of-way for streets; and,
more particularly, being that area most commonly 50 feet in width within which
public streets and sidewalks are, or are intended to be, constructed.
Sidewalk sales are defined as an outdoor display on any portion of
the sidewalk by any merchant for the exhibition or sale of goods or services.
Sidewalk sales are permitted only during Leonia Sale Days and by any retail
or commercial establishment where goods or services are sold upon a portion
of the public right-of-way, namely, the sidewalks immediately in front of
any place or business where the goods or services are sold; or where permitted
on public property with specific written permission of the Borough Administrator,
or on private property with written permission of the owner of record. Sidewalk
sales are only permitted during Leonia Sale Days and only to the retail or
commercial licensees who have obtained a license pursuant to this chapter.
That area of the public right-of-way reserved for pedestrian traffic
from the curb to the front line of the building housing the retail or commercial
establishment.
Public thoroughfares constructed within Borough rights-of-way and
comprising that paved area intended for travel or parking of motor vehicles.
There are hereby established procedures, rules and regulations governing
the licensing of Leonia sidewalk sales during Leonia Sale Days in the Business
District of the Borough of Leonia.
It shall be unlawful for any person, firm, partnership, corporation,
association or organization of any kind (herein collectively known as "person")
to create, establish, operate, maintain, or otherwise be engaged in the business
of conducting a sidewalk sale during Leonia Sale Days upon the sidewalks of
the Borough of Leonia or on private property, unless such person shall hold
a currently valid permit issued pursuant to the terms of this chapter.
Permits shall be issued only to an owner or lessee of permanent premises
within the Business District. No permit shall be issued hereunder unless the
permittee shall demonstrate that a minimum of four feet of unobstructed sidewalk
surface will be available for pedestrian traffic around or through such sidewalk
sale and that such sale shall be directly in front of a retail or commercial
establishment. The phrase "directly in front of” shall be construed
to mean the area represented by an extension of each side of the store occupied
by the retail or commercial establishment projected directly to the curbline
immediately in front thereof.
Application for the permit shall be made to the Building Department
and shall be signed by the applicant. The application shall contain the following
information:
A.
The name, residence address and telephone number of each
individual owner, partner or, if a domestic corporation, the names, residence
addresses and telephone numbers of the directors and officers owning 10% or
greater interest in the corporation, and the chief operating executive of
the corporation and, if nondomestic corporation, the name, residence address
and telephone number of the managing officer for service of process within
the State of New Jersey.
B.
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this chapter.
C.
The name and address of the person owning the premises,
if other than the applicant, and the consent of the owner of the premises
to the application.
The Building Department will review the application for completeness
and compliance with the terms hereof. If the application is complete, the
Building Department will act upon same within five business days of submission.
If the application is not complete, the Building Department will so notify
the applicant within five business days of the submission and specifically
detail the area in which the application lacks compliance with the requirements
of this chapter.
If the application complies with the terms hereof, the Building Department
shall issue a permit subject strictly to the terms and conditions of this
chapter. A copy of the permit shall also be forwarded to the Police Department.
No permit required by this chapter shall be granted to any person to
operate a sidewalk sale until such person has filed with the Building Department
a statement agreeing to indemnify and hold harmless the Borough of Leonia,
its agents, servants, representatives and/or employees from any and all claims,
damages, judgment costs or expenses, including attorney fees, which they or
any of them may incur or be required to pay because of any personal injury,
including death, or any property damage suffered by any person(s) as the result
of, or related in any way to, the operation and maintenance of the sidewalk
sale for which the permit is issued.
A.
No permit required by this chapter shall be granted to
any person to operate a sidewalk sale until such person has first filed with
the Building Department a certificate of insurance evidencing general liability
insurance policy issued to such person by a public liability insurance company
authorized to do business in the State of New Jersey affording the coverage
set forth below in the amounts specified for the entire period of the sidewalk
sale. Such insurance policy shall name the Borough of Leonia at its proper
address, its agents, officers, servants, representatives and employees as
additional insured with respect to the operation of the sidewalk sale in the
following amounts:
|
Bodily injury, each person
|
$10,000
| ||
|---|---|---|---|
|
Each accident
|
$1,000,000
| ||
|
Property damage, each person
|
$300,000
| ||
|
Each accident
|
$3,000,000
| ||
B.
Such insurance policy shall also hold harmless the Borough
of Leonia from any and all claims that may be filed as the result of said
sidewalk sale. The Borough shall be a named insured thereon.
Leonia sidewalk sale days shall only take place twice a year on days
preapproved by the Mayor and Council. Each sidewalk sale day shall not continue
for more than two consecutive days, shall not start before 9:00 a.m. and shall
end no later than 8:00 p.m.
No vending machines of any kind are permitted on the exterior of any
building operating a sidewalk sale. No food or foodstuffs shall be offered
for sale except by a merchant whose normal business includes the sale of such
items; such merchant shall also provide a trash receptacle of at least a twenty-five-gallon
capacity within five feet of the display area.
The permittee agrees, at the end of the permit period or in the event
the permit is revoked, that the permittee at his/her own cost and expense
will vacate the sidewalk space and promptly remove the property on the sidewalk,
and agrees to reimburse the Borough of Leonia for any cost of removing and
storing same.
Any person, entity or business found guilty of violating any provision
of this chapter shall be subject to a fine of not more than $500 for a first
offense. Second and subsequent offenses shall subject the violator to a fine
of not less than $1,000. Each day a violation exists shall constitute a separate
violation hereunder.
