City of Rahway, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Rahway as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sidewalk cafes — See Ch. 344.
Streets and sidewalks — See Ch. 365.
[Adopted 6-15-1994 by Ord. No. A-20-94]
[1]
Editor's Note: See also Ch. 365, Streets and Sidewalks, Art. VIII, Closing of Streets.
As used in this article, the following terms shall have the meanings indicated:
CITY OF RAHWAY
City of Rahway, City Council of the City of Rahway.
PERSONS
Every natural person, partnership, association or corporation, whether for profit or not.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing municipal roadway, which is shown upon a plot hereto approved pursuant to law, which is on a plot duly filed and recorded in the office of the County Recording Officer, or which is approved by official action as provided by city ordinance, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
No person(s) shall cause or permit a municipal street to be closed for the purpose of conducting a street fair, sidewalk sale or block party without first obtaining:
A. 
A street use application completed and submitted to the City Clerk;
B. 
Approval from the Director of Public Safety of the City of Rahway; and
C. 
Permission from the City Council.
A. 
Any person requesting permission of the City Council to close a municipal street shall file with the City Clerk an application requesting such permission. Said application shall include all information reasonably necessary for the Director of Public Safety and the City Council to authorize such street closing, including, but not limited to, the following:
(1) 
Location of the proposed street closing;
(2) 
Period of such closing. Said period shall not exceed 12 continuous hours;
[Amended 11-13-1995 by Ord. No. O-56-95]
(3) 
Purpose of street closing;
(4) 
Name, address and telephone number of the person(s) applying for street closure;
(5) 
Map of street or section of street to be closed, with proposed location of barricades to be used in restricting traffic through closed street;
(6) 
Agreement with the City of Rahway Police Department for the employment of a police officer during the period of such closing;
(7) 
Indemnification agreement;
(8) 
Barricade request form and accompanying deposit; and
(9) 
Application fee of $10 made payable to the City of Rahway.
[Amended 11-13-1995 by Ord. No. O-56-95]
B. 
The application shall be accompanied by the names and addresses of all persons and/or addresses of all property on the street, or sections thereof, proposed for closure. A copy of said application shall be mailed, by certified mail, to every person and/or property on the street, or section thereof, proposed for closure. The applicant shall submit a certification that all of the above-mentioned persons and/or property were so notified by mail, and failure to notify all persons will result in denial of permission to close the street or section thereof.
C. 
Any person or persons or property so notified of the proposed street closing shall have the right to provide written objection to the City Clerk and/or City Council. Any person(s) and/or property who has provided written objection to the closure of any street, or section thereof, shall be notified by the City Clerk of the date and time when the City Council will consider granting permission for the street closure, and may request in writing that the City Council provide a public hearing on the street closure or section thereof.
D. 
The Director of Public Safety, or his/her duly authorized representative, shall review the application and all accompanying attachments. The Director of Public Safety must approve the street closure, or section thereof, based upon the opinion that the proposed street closing, or section thereof, will not create conditions inimical to the public health, welfare, and safety, or unduly obstruct the free flow of traffic.
E. 
The Director of Public Safety shall approve the placement of all barricades to be used in restricting the flow of vehicular traffic. The Director of Public Safety shall also determine the need and the appropriate placement of any and all detour routes and may require the applicant to place detour signs.
F. 
All permission by the Director of Public Safety and the City Council for the closure of any street, or portion thereof, will be made on a first-come-first-serve basis.
[Amended 12-11-2017 by Ord. No. O-35-17]
It shall be unlawful to sell, serve or consume any alcoholic beverage on any street as defined in this article, except within a parklet that has been approved for use in conjunction with the operation of an outdoor sidewalk cafe in accordance with Chapter 344, Sidewalk Cafes, of the Municipal Code.
[Amended 11-13-1995 by Ord. No. O-56-95]
A. 
All persons submitting an application for street closure, or section thereof, for the purpose of conducting a street fair, sidewalk sale or block party may, but are not required to, contract with the City of Rahway Police Department for the employment of an officer or officers during the hours of operation of the street fair, sidewalk sale, or block party. The cost of employing the police officer or officers shall be at the hourly rate and by procedure set forth by the City of Rahway and the City of Rahway Police Department for outside employment of police officers.
B. 
Fees and costs of the employment of police officers for a street fair, sidewalk sale, or block party shall be paid in advance. The form of contract for employment of a police officer shall be the contract regularly used by the City of Rahway Police Department for outside employment of police officers.
The person(s) requesting such street closure, or section thereof, shall conduct the operations so that there shall be minimal inconvenience to the general public. The street shall remain clear of all obstructions so as to allow for the adequate entry and movement of emergency vehicles. Upon the expiration of the permitted street closure, such street is to be reopened free of any debris, refuse, or other material interfering with the safe and free passage of pedestrians and vehicles. All such trash, debris, refuse and materials are to be disposed of in accordance with the City of Rahway Garbage and Recycling Ordinances in effect.[1]
[1]
Editor's Note: See Ch. 357, Solid Waste.
It shall be the duty and responsibility of any person(s) submitting the application for a street closure, or section thereof, to agree to save the City of Rahway, its officers, employees and/or agents harmless from any costs, damages, and liabilities which may accrue or be claimed to accrue by reason of the street closure, or section thereof.
It shall be the responsibility of the person(s) submitting an application for the closure of a street, or section thereof, to secure the necessary barricades and detour signs from the City of Rahway's Department of Public Works. Said application for a street closure, or section thereof, shall be accompanied by a barricade request form. There shall be a deposit of $50 per barricade and $15 per detour sign in cash or check made payable to the City of Rahway. The deposit fee shall be refunded upon the return of the barricades and/or detour signs to the City of Rahway's Department of Public Works undamaged.
This article shall not apply to any activities in that area of the city covered by the Special Improvement District.
Any person(s) violating any of the provisions of this article shall be subject to a fine not to exceed $1,000 or, if the party so convicted is a natural person, such person may be imprisoned for a term not exceeding 60 days, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.