[Adopted 9-1-1960 by Ord. No. 143; amended in its entirety 5-17-2004 by Ord. No. 5-04]
The following words, when used in this article, shall have the following meanings:
ABUTTING OWNER
In addition to its generally accepted meaning, the owner of the real estate in front of which any part of a public thoroughfare, right-of-way, sidewalk and/or curb improvement is made or is to be made in the Borough of Brooklawn.
BOROUGH
The Borough of Brooklawn.
BOROUGH CLERK
The Clerk of the Borough of Brooklawn.
BOROUGH ENGINEER
The duly designated or appointed Engineer of the Borough of Brooklawn or any person employed by the Borough of Brooklawn to perform any engineering services for the Borough of Brooklawn.
COUNCIL
The Borough Council of the Borough of Brooklawn, being the governing body of said Borough.
PUBLIC WORKS DIRECTOR
The Councilperson of the Borough of Brooklawn in charge of the Department of Public Works, being the officer of said Borough in charge of public improvements.
SUPERINTENDENT OF PUBLIC WORKS
The person so designated by the Borough of Brooklawn in charge of the day-to-day operations of the Department of Public Works, immediately subordinate to the Public Works Director.
TAX COLLECTOR
The Collector of Taxes and Assessments of the Borough of Brooklawn.
Whenever in this article any word importing the singular number or masculine gender is used in describing or referring to any person, corporation, party, matter or thing, the same shall include and apply to several persons, corporations or parties as well as to one person, corporation or party, to females as well as males and to several matters or things as well as one matter or thing.
All owners of real estate in the Borough of Brooklawn lying or fronting on any part of a public thoroughfare or right-of-way shall, within 60 days after written notice given by the Superintendent of Public Works and/or his designee of the Borough of Brooklawn, construct, repair or reconstruct, as the case may be, sidewalks and/or curbing and/or driveway aprons (as the notice so indicates) along the property of the real estate owner where said construction, repair and/or reconstruction has been deemed necessary pursuant to any inspection by the Borough of Brooklawn.
Every sidewalk, driveway apron and/or curb in the Borough constructed, reconstructed or repaired by an abutting owner shall be constructed, reconstructed or repaired in a good and workmanlike manner at the abutting owner's own costs and expense. All new sidewalks shall be not less than four feet in width unless otherwise permitted by the Director of Public Works or his designee.
All new sidewalks constructed by an abutting owner shall be constructed in accordance with the line and grade established by the Borough Engineer. All old or existing sidewalks, driveway aprons and/or curbs reconstructed or repaired by an abutting owner shall be constructed or repaired in accordance with the existing line and grade unless such line or grade is changed by the Borough Engineer. It shall be the duty of the abutting owner or contractor in all cases to make inquiry of the Borough Engineer respecting such line and grade. Where the fill-in is more than one foot, it shall be done in layers and thoroughly tamped and compacted.
Every sidewalk, driveway apron and/or curb constructed, reconstructed or repaired by an abutting owner or contractor shall be constructed, reconstructed or repaired consistent with the guidelines issued by the New Jersey Department of Transportation, which will be supplied to an abutting owner or contractor by the Superintendent upon receipt of the appropriate permit.
Every abutting owner, at his own cost and expense, shall at all times keep and maintain his sidewalk, driveway apron and/or curb in good condition and state of repair and shall not permit the sidewalk to fall into a state of disrepair or to become unsafe or unfit to walk upon and the curb to fall into a state of disrepair and become dangerous to pedestrians and/or motor vehicles. In the event that any sidewalk or any part thereof becomes broken or in need of repair and the condition thereof becomes unsafe or hazardous to the public or unfit to walk upon, or in the event that any driveway apron and/or curb or any part thereof becomes broken or in need of repair or the condition thereof becomes unsafe or hazardous to the public or to motor vehicles, the abutting owner, at his own cost and expense, shall, within 60 days, reconstruct or repair, as the case may require, said sidewalk, driveway apron and/or curb or that part thereof that needs reconstruction or repair. Said improvement or work shall be done in accordance with this article.
In the event that the abutting owner fails to reconstruct or repair his sidewalk, driveway apron and/or curb or such part thereof that may require reconstruction or repair, as provided in this article, the Council may cause said improvement or work to be made under the supervision of the Public Works Director or may award a contract therefor. The cost, whether the work be done by the Borough or by an independent contractor, shall be assessed upon the property of the abutting owner in accordance with the law in such case made and provided, and after due notice in accordance with the law has been given. Prior to the Borough making such improvement or awarding any contract therefor, notice shall be given to the abutting owner or owners in accordance with the laws providing therefor.
Prior to the beginning of any such work by any such licensee, a permit shall be obtained fro the Borough Clerk after approval by the Director of Public Works or his designee for each sidewalk, driveway apron and/or curb job intended to be done by said licensee. A license shall be issued by the Borough Clerk upon the payment of a fee of $25 and production of proof of general liability insurance relative to the work to be performed.
No license shall be issued to any applicant until such applicant shall have satisfied the Director of Public Works or his designee, either by examination or record of experience, that he is qualified to do such work. At the time of the issuance of said license, there shall be paid by the licensee for the first year a fee of $25 for the use of the Borough, and annually thereafter for renewal of such license the sum of $10. Said licenses shall run and be in force from the date of their issuance to the 31st day of December of the year in which they are issued.
[Added 7-16-2007 by Ord. No. 10-07; amended 10-15-2007 by Ord. No. 15-07]
A. 
No person or persons shall place in any public street, right-of-way or on the sidewalk of any public street any fixed or portable basketball net or backboard or other equipment or apparatus for the playing of basketball can be used nor shall such equipment or apparatus be placed on private property or in the vicinity of any public right-of-way such that the use of the equipment or apparatus for the playing of basketball will tend to require any user to be in and about the public right-of-way.
B. 
No person shall place, deposit, fix or allow to remain on any utility pole located on any sidewalk, adjacent lands or street any article, including but not limited to basketball hoops or other recreational equipment, in such a manner that the intended use of the article so attached to the utility pole would wholly or partially obstruct and encumber the sidewalk, street, or public right-of-way.
[Amended 7-16-2007 by Ord. No. 10-07; 10-15-2007 by Ord. No. 15-07]
A. 
Unless another penalty is expressly provided by New Jersey statute, every person, firm, association or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the fines and/or penalties as set forth in § 1-15 of the Code of the Borough of Brooklawn. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article.
B. 
There shall be a presumption that the person or persons who have violated § 124-22 are those who control the private property on which the equipment or apparatus for the playing of basketball is situated or, if the equipment or apparatus for the playing of basketball is in a public right-of-way, those who control the private property closest to the equipment or apparatus.