[Adopted 11-13-1922 by Ord. No. 209 (§§ 175-1 to 175-54 of the 1982 Code)]
Definitions. Unless otherwise expressly stated, the following terms, whenever used in this chapter, shall respectively be deemed to have the meanings indicated:
- The Mayor and Council of the Borough of Leonia.
- DIRECTOR OF PUBLIC WORKS OR DIRECTOR
- The Director of Public Works appointed by the Borough of Leonia or such person or persons as shall succeed to his office, powers or duties.
- The owner, tenant, lessee or person in charge of or in control of or in possession of any building or premises or part thereof or of any personal property.
- The person, firm or corporation having the legal title to lands and premises or to personal property.
- An individual or individuals or a corporation, or voluntary association.
- That portion of the street lying between the curblines.
- The pavement between the curb- and property line.
- Includes the portion thereof devoted to gutters, curbs and sidewalks.
Word usage. Singular includes the plural; masculine includes the feminine and also corporation and voluntary associations.
Application. No permit authorized by this chapter shall be granted except pursuant to an application, in writing, therefor, signed by the person desiring such permit or his agent, which application shall set forth such facts as the officer authorized to grant such permit shall require, and, when forms for such application are furnished by the Mayor and Council, it shall be upon such forms and shall set forth all the information required.
Refusal to issue permits; hearing. The officer authorized by this chapter to issue any permit is also authorized to refuse the issue of any permit, if in his opinion such refusal is in the interest of the public safety, public convenience or public health. In case any permit shall be refused by any such officer, an appeal from such officer’s determination may be taken to the Mayor and Council, and the Mayor and Council, after hearing the applicant and such officer and such other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the officer.
Revocation; appeal. No permit granted in pursuance of the provisions of this chapter shall create any vested rights, but such permit may be revoked at any time by the officer issuing it. Such revocation may be appealed to the Mayor and Council for its final determination.
Payment of fee required prior to issuance. No permit shall be issued until the fee therefor shall have been paid to the officer authorized to issue such permit, for the use of the Borough of Leonia.
Permit required for connection; inspection. No sewer connection shall be made without a permit therefor issued by the Director. The Director may make rules and regulations governing the manner and method of making such connections. No connection shall be covered until the same has been inspected by the Borough Engineer and approved by him.
Laying of private sewers. No person shall lay any private sewer in or through any street or portion thereof unless he shall first obtain written permission therefor from the Mayor and Council, which permission shall in all cases be subject to the following conditions, whether contained in such written permission or not:
That such permission creates no vested rights and shall be revocable by the Mayor and Council at any time.
That the location, plan and character of the sewer and its connections shall be approved by the Mayor and Council, and the work shall be done under the supervision of the Borough Engineer.
That in case any other person may desire to connect with such sewer, the Mayor and Council may grant a revocable permit therefor to such person, upon condition that such person desiring to connect with such sewer shall pay to the applicant, its successors, heirs or assignees such sum as the Mayor and Council may deem equitable and just or such annual rental as the Mayor and Council may deem equitable and just.
That the applicant, its successors, heirs or assignees will convey said sewer and all its appurtenances to the Borough at any time when such sewer may be connected with the sewage disposal plant of the Borough, and that the applicant, its successors, heirs or assignees will at such time pay the reasonable sum which will equal its reasonable proportion of the cost of the construction of the mains and sewage disposal plant. In case of a disagreement as to the amount to be paid, as herein provided, such question shall be referred to the Commissioners of Assessment of the Borough, whose determination shall be final and conclusive by both parties.
Maintenance. The owner or occupant of premises abutting any bluestone or concrete sidewalk shall maintain such sidewalk at all times in good and passable condition at a grade which will prevent water accumulating thereon and shall replace any flagstones which become broken and shall maintain the flagstones so that the joints thereof are even. The surface of all concrete sidewalks shall be kept properly roughened so as not to become smooth and slippery.
Repairs; cost of repairs.
In case any sidewalk becomes out of repair, the owner or occupant of the lands abutting such sidewalk shall forthwith, upon receipt of written notice from the Property Maintenance Code Inspector, repair or cause the same to be repaired and made in a good and passable condition, and conform with the requirements of Subsection A of this section.
In case the owner or occupant of the lands abutting such sidewalks shall fail to repair or cause the same to be repaired and made in good and passable condition and conform with the requirements of Subsection A within the time given in the notice from the Property Maintenance Code Inspector, it shall be the duty of the Property Maintenance Code Inspector, to cause such work to be done under his direction, and he shall certify the cost thereof to the Council.
The cost of such repair as certified by the Property Maintenance Code Inspector, if found correct by the Council, shall forthwith become a lien upon the lands abutting or bordering any such sidewalk, and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, and shall bear the same interest as taxes.
The Council shall, upon receiving a certificate of cost as aforesaid from the Property Maintenance Code Inspector, examine the same and, if found correct, shall adopt a resolution to that effect, directing that a certified copy thereof be delivered to the Collector of Taxes, who shall thereupon collect such charges at the time of the collection of the taxes next to be assessed and levied upon such lands and as a part thereof.
Driving on sidewalks prohibited. No person shall ride, drive or pass over or along any sidewalk with horses, wagons, carts, carriages, automobiles, motor trucks, motorcycles or bicycles, provided that this section shall not prevent the use of driveways or the crossing of a sidewalk at right angles for the purpose of entering upon property, provided that, in the last-mentioned case, the curb, if any and the sidewalk, if any, shall be protected in a manner approved by the Property Maintenance Code Inspector.
Handcarts prohibited. No person shall propel by hand or any other means any handcart along any sidewalk.
Permit required for bridging. No person shall place any bridging over any gutter or any pipe or other obstruction in any gutter without first obtaining a written permit therefor from the Property Maintenance Code Inspector.
Sidewalks to be unencumbered. No person shall place or permit to be placed upon any sidewalk any object or thing that shall in any manner encumber such sidewalk or render travel upon such sidewalk dangerous or unsafe.
No person shall place or maintain any drop awning extending over any sidewalk which, when lowered, shall be less than seven feet above such sidewalk.
Temporary awnings may be erected across a sidewalk and permitted to remain for a period not exceeding 24 hours, provided that the same shall be securely fastened and shall be so arranged as to permit travel along the sidewalk.
Permit required for construction. No vault, coal bin or other room or place shall be constructed under any street or sidewalk without a permit therefor issued by the Director. No such permit shall be issued, until an application to erect such a vault, coal bin or other room or place, signed by the person making the same and stating the number of square feet of ground which is required for the same and the intended length and width of the same, is presented to the Mayor and Council and the Director is authorized by the resolution of the Mayor and Council to issue such permit and until there shall have been paid to the Director a fee of $25.
Plans to be submitted and approved. No such vault, coal bin or other room or place shall be constructed under any permit granted as aforesaid, until the plans therefor shall have been submitted to and approved by the Director.
Revocation of permit. Permits issued under this article shall be revocable by the Mayor and Council.
Buildings not to encroach upon streets. No person shall permit any building, structure, erection or any part thereof to encroach upon or extend over, under or into any public street or public place, except as in this chapter is permitted and authorized.
Encroachments to be removed. The owner of every building, structure or erection which, either in whole or in part, encroaches upon or extends over, under or into any public street or place shall cause such encroachment to be removed within 10 days after receiving written notice from the Director of Public Works so to do. Every day that such owner shall fail, refuse or neglect to comply with said order after the expiration of said period of 10 days shall constitute a separate and distinct violation of this chapter.
Storage of building materials.
No person shall obstruct or permit the obstruction of any street or public place by the storage or placing of any building material or other material or merchandise thereon and permitting the same to remain longer than is necessary to convey the same on or into private property, unless a permit therefor shall be obtained from the Director of Public Works. No permit shall be granted which permits the use or obstruction of more than 1/3 of the width of the roadway of such street or public place at any point.
The application for such permit shall state the kind and character of material to be stored or placed in such public street or place, the exact location where the same is to be stored or placed and the maximum length of time that such obstruction shall continue. The Director of Public Works may impose conditions in any permit issued under this section with respect to keeping the sidewalk open for travel and other conditions which he shall deem proper in the interest of the public safety and convenience. The fee for such permit shall be $2. Such permit shall be kept posted in a conspicuous place on or near the material and shall be kept there so as to be readily accessible to inspection.
Cellarways or hoistways. No cellarway or hoistway shall be constructed in any public street without a permit therefor issued by the Director of Public Works. The fee for such permit shall be $5. No permit shall be granted for any such cellarway or hoistway which extends into the street more than five feet from the property line. All such cellarways or hoistways shall be covered with iron doors flush with the sidewalk and when opened shall at all times be protected by either guardrails or chains. No such cellarway or hoistway shall remain open so that the sidewalk or street is obstructed for a period longer than is necessary for the reasonable use thereof.
No person shall move any building or structure across, along or through any street or public place without obtaining a permit therefor from the Director of Public Works. The fee for such permit shall be $5. Such permit may contain conditions relating to the manner of the removal and the length of time that any street or public place may be obstructed, either in whole or in part, and any other regulations for the protection of the street or public place and the public safety or convenience.
No person shall organize or conduct or assist in the organization or conduct of any parade upon any of the public streets or public places without obtaining a permit therefor from the Chief of Police.
The Chief of Police shall not issue any such permit until an application therefor shall have been submitted to the Mayor and Council at a regular or special meeting and such permission has been granted at a regular or special meeting and a permit authorized by a resolution of the Mayor and Council.
Placement of signs. No person shall erect or place any sign, show bill, showboard or billboards in any of the public streets or places except such as shall be authorized by this chapter or any other ordinances of the Mayor and Council and pursuant to the provisions thereof.
Distribution of circulars. No person shall distribute any posters, cards, pamphlets, circulars or advertisements on the streets or public places, except pursuant to a permit issued by the Chief of Police. The fee for such a permit shall be as set forth in Chapter 123, Fees. No permit shall authorize the distribution of such matter generally, and each permit shall be restricted to a particular and specified poster, card, pamphlet, circular or advertisement. No such permit shall remain in force for more than five days.
Placement of advertisements. No person shall place any sign or advertisement or other matter upon any pole, tree, curbstone, sidewalk or elsewhere in any public street or public place, except such as may be authorized by this chapter or any other ordinance of the Mayor and Council.
Defacement of signs prohibited. No person shall injure, deface, obliterate, remove, take down or disturb or in any other manner interfere with or disturb any signboard containing the name of any street or public place or any bulletin board or sign or notice erected, posted or placed, bearing the name of the Mayor and Council or any officer thereof.
No person shall throw or permit to be thrown any ashes, garbage, paper or other refuse or waste or other material upon any street or public place; provided, however, that clean ashes may be placed upon ice which has formed upon any sidewalk.
No person shall throw or place or permit or aid the throwing or placing of glass, tacks or other like sharp substance upon any public street or public place.
No person shall remove, displace, break or change any sign or lights or signals set up or placed in any street or public place as a warning of danger or indicating an excavation or obstruction or showing that any street or public place is closed to traffic; and no person shall between the hours of sunset and sunrise extinguish any light used for any of the purposes aforesaid.
No person shall open any manhole or remove the cover thereof, unless such opening shall be guarded by a guardrail and shall be so marked, both day and night, as to be plainly seen at a distance of 50 feet, which guardrail shall be maintained so long as such manhole shall remain opened or uncovered.
No person shall coast upon any street, unless such street or the portion thereof used for coasting shall be closed to vehicular traffic.
The Director of Public Works may close any street or public place or section thereof to public traffic for the purpose of repairing, constructing or reconstructing the same. The Mayor and Council may by resolution designate certain streets or portions thereof upon which coasting will be permitted at certain times of the day and may direct that such street or portion thereof shall be closed to vehicular traffic during such hours. When any street or public place or portion thereof is closed, there shall be a sign at each end of the portion closed, plainly visible to approaching traffic, reading substantially as follows: "Street Closed - Passing Forbidden." No person shall drive or cause to be propelled any vehicle over said street or portion thereof so closed and marked as aforesaid. For the purpose of this section, a sleigh or sled used for coasting shall not be construed to be a vehicle.
No person shall place or erect any electric light, telegraph, telephone or other pole in or upon any street or public place, except pursuant to permission granted by a resolution adopted by the Mayor and Council.
No electric light, telegraph, telephone or other pole shall be hereafter placed or erected on any street or public place, unless the same shall be straight and neat in appearance, and every such pole shall be kept well painted. No wires shall be run or strung upon any pole at a distance less than 18 feet from the ground.
[Amended 10-20-2008 by Ord. No. 32-08]
Removal of snow and ice. The owner or owners, tenant or tenants of lands abutting or bordering upon sidewalks and gutters, public streets, avenues, highways and public places shall remove all snow and ice from the same within 12 hours of daylight after the same shall be formed or fall thereon.
No person shall throw, place or deposit snow or ice into or on any public street, thoroughfare, sidewalk, public property or private property belonging to another.
[Added 3-7-2011 by Ord. No. 02-11]
Failure to remove; penalties. In case the owner or owners, tenant or tenants of lands abutting or bordering upon the sidewalks and gutters of public streets, avenues, highways and public places shall refuse or neglect to remove all snow and ice from the same within 12 hours of daylight after the same shall be formed or fall thereon, said owner or owners, tenant or tenants shall be liable for a violation of this chapter and shall be subject to penalty as hereinafter provided and, at the option of the Borough Council, upon refusal or neglect of such owner or owners, tenant or tenants to remove such snow and ice within the time or times herein provided, the same may be removed by said Borough Council under the direction of its Director of Public Works or other person or officer having charge of the streets and avenues and the cost thereof collected in the manner hereinafter provided.
Cost of removal to be lien on property. In the case of the removal of such snow or ice by the Borough Council, the Director of Public Works or other person or officer having charge of the streets and avenues shall certify the cost to the Council. The cost of such removal as certified by the Director of Public Works or other person or officer having charge of the streets or avenues, if found correct by the Council, shall forthwith become a lien upon the lands abutting or bordering any such sidewalk or gutter and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands and shall bear the same interest as taxes.
Collection of costs. The Council shall, upon receiving a certificate of cost as aforesaid from the Director, examine the same and, if found correct, shall adopt a resolution to that effect, directing that a certified copy thereof be delivered to the Collector of Taxes, who shall thereupon collect such charges at the time of the collection of the taxes next to be assessed and levied upon such lands and as a part thereof.
[Amended 9-17-2007 by Ord. No. 14-07]
Any person, firm or corporation violating any of the provisions of this chapter shall be punishable by a fine of $100 for a first offense and $250 for a second or subsequent offense in any calendar year.