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23-4.8 Placement Near Fire Hydrants.

No person shall cause or permit the placing of any materials, structures, shrubs or fences, living or otherwise, within ten (10) feet of afire hydrant. (1980 Code 98-8)

23-4.9 Violations and Penalties.

a. An offense against the provisions of subsection 23-4.2 shall be a violation punishable by a fine of not more than one hundred($100.00) dollars.

b. Each day's continued violation of subsection 23-4.2 shall constitute a separate and distinct violation.(1980 Code 98-9)

23-5 SNOW AND ICE REMOVAL FROM SIDEWALKS.

23-5.1 Removal from Sidewalks Required.

a. The owner, occupant or tenant of premises abutting or bordering upon any street in the Borough shall remove alls now and icefrom sidewalks abutting streets and from any fire hydrant located on the property, or in the case of ice which may be so frozen as to makeremoval impracticable, shall cause the same to be thoroughly covered with sand or ashes, within twelve (12) hours of daylight after thesnow shall fall or ice has formed thereon.

b. In case the building is occupied by more than one (1) family or business unit, then the tenant or occupant of the first floor orstory is hereby required to remove all snow and ice from such portion of the sidewalks and from any fire hydrant located on the property,or in the case of ice which is impracticable to remove, cover the same with sand or ashes, within twelve (12) hours of daylight after theice has formed or snow has fallen.

(1980 Code 185-1)

23-5.2 Placing Snow in Streets Prohibited.

No person, owner, tenant or occupant of any premises abutting any street shall throw, place or deposit any snow or ice into or uponany street in the Borough. It is the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositingsnow and ice which accumulated within the private property belonging to this person, upon the sidewalks or streets of the Borough. (1980Code 185-2)

23-5.3 Failure to Remove; Removal by Borough; Costs.

In case snow or ice has not been removed from sidewalks or fire hydrants or snow and ice was cast, deposited or placed uponsidewalks or streets by the owner, tenant or occupant of any premises as provided in subsections 25-5.1 and 25-5.2, the same may beremoved under the direction of the Superintendent of the Department of Public Works and the cost of removal, as nearly as can beascertained, shall be certified by the Superintendent of the Department of Public Works to the Governing Body. The Governing Bodyshall examine such certification and, if found to be correct, shall cause such cost to be charged against such real estate abutting or

bordering upon such sidewalks, and the amount charged shall become a lien and a tax upon such real estate or land and be added to,recorded and collected in the same way and manner as the taxes next to be levied and assessed upon such premises and shall bear interestand be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fineimposed by the provisions of this section shall not constitute any bar to the right of the Borough of Roselle Park to collect the cost ascertified for the removal of snow or ice in the manner herein authorized. (1980 Code 185-3)

23-5.4 Violations and Penalties.

Any person violating any of the provisions of this section shall, upon conviction, be fined not exceeding five hundred ($500.00)dollars or be imprisoned for a term not exceeding ninety (90) days, or both, and each and every day in which the violation exists shallconstitute a separate violation. (1980 Code 185-4)

23-5.5 Statutory Authority.

This section is adopted pursuant to the authority conferred by New Jersey Revised Statutes 40:65-12. (1980 Code 185-5)

23-6 SIDEWALK CAFE PERMIT.

23-6.1 Regulations for a Sidewalk Cafe Permit.

a. Any eating and drinking establishment, except a tavern, as defined in the Land Use Chapter XL of this Code, which is located inthe Central and General Business District, as set forth in Chapter XL of this Code, may, upon application for and issuance of a permit

pursuant to this subsection, utilize part of the sidewalk in front of its place of business for a sidewalk cafe.

b. Operation of any sidewalk cafe shall be in accordance with this subsection and shall be subject to supervision and enforcementby the Borough Health Officer and the Police Department.

c. Application for such permit shall be made to and such permits shall be granted by the Borough Clerk. The application shall be

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accompanied by a schematic diagram showing the following:

1. A description of the proposed design, seating capacity and location of the sidewalk cafe, its dimensions and all temporarystructures, equipment and apparatus to be used in connection with its operation, including tables, temporary fences and barriers,

planters, serving carts, chairs, awnings, umbrellas, lighting, electrical outlets, if any, and fire hydrant connections.

2. A diagram demonstrating that pedestrian traffic along the sidewalk on which the sidewalk cafe is proposed to be locatedwill in no way be impeded. The diagram shall be referred to the Construction Official, who shall thereupon recommend approval,disapproval or modification of the diagram within ten (10) business days following the submission.

d. A permit shall be granted only if the proposed sidewalk cafe conforms with the following:

1. The schematic diagram shall be approved by the appropriate Construction Official.

2. The cafe shall be confined to the area directly in front of the existing eating and drinking establishment, unless writtenpermission of any adjacent property owner and ground floor occupant shall be submitted and filed with the application.

3. Any cafe shall not interfere with access to the building entrance or exit, any basement entrance or any fire hydrant, busstop, parking meter or public alleyway.

4. A minimum of six (6) concrete feet of pedestrian usable, unobstructed sidewalk shall remain open to maintain pedestrianaccess.

5. Applicants shall be required to submit proof of liability insurance for the proposed sidewalk cafe, naming the Borough ofRoselle Park as an additional insured, with minimum limits of liability of not less than one million ($1,000,000.00) dollars for allclaims for bodily injury or death of any person as a direct or indirect result of the operation of the sidewalk cafe or for injury to any

person occurring on the premises occupied by such cafe, and further providing for the payment of not less than twenty-five thousand($25,000.00) dollars to satisfy claims for property damage as a direct or indirect result of the operation of such cafe.

6. No permit shall be issued unless the licensee shall have first executed and filed with the Borough Clerk an indemnificationagreement, in the form prepared or approved by the Borough Attorney, in which the licensee shall agree, in further consideration ofthe issuance of the license, to forever defend, protect, indemnify and save harmless the Borough of Roselle Park, its officers, agentsand employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, attorneys' fees, fees andcosts arising out of or which may arise out of, or be alleged to arise out of, the licensee's operation of the sidewalk cafe, includingwithout limitation repair or reimbursement of any and all cost and expense arising from damage to the sidewalk caused by operationof the cafe.

e. All dishes, utensils, containers, tablecloths, napkins, cutlery and other items used in the operation or decoration of the sidewalkcafe shall be made of nondisposable and reusable materials. The furniture to be used in the operation of the sidewalk cafe shall be ofdurable material, such as sturdy vinyl/plastic, wrought iron or wood. The sidewalk area utilized by the cafe shall be kept clean and free oflitter. Sidewalks shall be washed daily. If required by the Health Officer, trash receptacles shall be provided as specified by the HealthOfficer.

f. The sidewalk cafe may operate no later than 10:00 p.m. on any day and only during operating hours of the eating and drinkingestablishment. No furniture or other items of the sidewalk cafe shall remain outside of the eating and drinking establishment for more thanfifteen (15) minutes after 10:00 p.m. or after the close of operating hours of the eating and drinking establishment, whichever is earlier.

g. Nothing contained in this section shall be construed to amend any provision of Chapter VI, Alcoholic Beverage Control, of thisCode or to amend or change any provision of any alcoholic beverage control license. No alcoholic beverages of any kind may be

possessed, served or consumed in the public right-of-way.

h. The sidewalk cafe permit shall be an annual permit. The annual permit fee shall be sixty ($60.00) dollars. Use of the premises forsidewalk cafes shall be permitted during the months of May through September, inclusive.

i. The Borough Health Officer may establish rules and regulations pursuant to this subsection, which rules and regulations shall befiled with the Borough Clerk and shall be available for public inspection.

j. Any sidewalk cafe permit may be suspended or revoked by the Health Officer upon a violation of any provision of thissubsection or a determination by the Health Officer that continued operation of the sidewalk cafe is inimical to the public health andwelfare. Such suspension or revocation shall be in writing and delivered personally or mailed by certified mail to the permit holder at theaddress set forth in the application. Any suspension or revocation issued by the Health Officer may be appealed to the Mayor and Councilwithin fifteen (15) days of the mailing of such notice.

k. The granting of a permit under this subsection shall not be construed to permit any activity otherwise prohibited by this Code orby any other law.(1980 Code 191-1)

23-6.2 Removal of Obstructions; Cost.

a. The Mayor or Chief of Police is hereby authorized and empowered to order any such encumbrance or obstruction, to beremoved within two (2) hours after notice to the owner thereof, or if the owner cannot be readily found for the purpose of such notice, tocause the same to be removed to a place by him to be designated, and the owner of any article or thing so removed shall, in addition to the

penalties provided herein for the violation of this chapter, pay the cost of such removal.