[HISTORY: Adopted by the City Council of
the City of Rahway as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-15-1994 by Ord. No. A-20-94]
As used in this article, the following terms
shall have the meanings indicated:
City of Rahway, City Council of the City of Rahway.
Every natural person, partnership, association or corporation,
whether for profit or not.
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.
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]
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.
