File #: 23-0253    Version: 1 Name: Ordinance: Amending Title 29, Streets and Sidewalks, creating Chapter 30, Clear Zones (POC)
Type: Ordinance Status: Adopted
File created: 2/8/2023 In control: Municipal Council and City Clerk
On agenda: 3/1/2023 Final action: 4/5/2023
Title: AN ORDINANCE AMENDING TITLE 29, STREETS AND SIDEWALKS, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY CREATING CHAPTER 31, CLEAR ZONES. Sponsor(s): Council Member, Patrick O. Council
Sponsors: Patrick O. Council, Anibal Ramos, Jr.

Title

AN ORDINANCE AMENDING TITLE 29, STREETS AND SIDEWALKS, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY CREATING CHAPTER 31, CLEAR ZONES.

 

Sponsor(s): Council Member, Patrick O. Council

 

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WHEREAS, the Municipal Council desires to have regulated a certain area at or near the entrance to neighborhood businesses, shops, stores and other commercial establishments to be known and designated as a Clear Zones, which establishes a 10-20 foot radius around the entrance to any and all said neighborhood businesses, shops, stores and other commercial establishments to enable residents and patrons to patronize said neighborhood establishments in a safe, convenient and unobstructed manner; and

 

WHEREAS, the Municipal Council has determined by this Ordinance to impose certain obligations and requirements on the owners, operators and proprietors of all neighborhood business and commercial establishments, which are necessary to effectuate the purposes of this Ordinance and to enhance the commercial viability, appearance and attractiveness of the neighborhood business areas and to promote economic growth.

 

NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

 

SECTION 1.                     The foregoing whereas clauses are incorporated herein by reference and made a part hereof.

 

SECTION 2.                     Title XXVIIII, Streets and Sidewalks, is amended to add the following new Chapter 31 entitled Clear Zones, which shall establish a 10-20 foot radius around the entrance to all neighborhood businesses, shops, stores and/or commercial establishments in the City of Newark, New Jersey.

 

§ 29:31 STREETS AND SIDEWALKS.

 

A.                     The owner, operator, or proprietor of the neighborhood business, shop, store or other commercial establishment shall be required to post and maintain clearly visible signage at the entrance of the neighborhood commercial establishment, identifying the business premises and its entrance, as being included in a Clear Zone.

 

B.                     The owner, operator, or proprietor of the neighborhood business, shop, store or other commercial establishment shall be required to be responsible for the following in the Clear Zone:

 

1.                     Business owners, operators, and proprietors shall maintain a neat and orderly storefront; and

 

2.                     The storefront shall be free of any debris, trash or items not related to the business; and

 

3.                     Trash or garbage bins must be neat and in conformity with the City of Newark’s sanitation/trash ordinances; and

 

4.                     No person shall drink, consume or be in possession of an open container of any alcoholic beverage in the Clear Zone; and

 

5.                     No person shall stand in a manner that blocks the entrance to the business for patrons to enter; and

 

6.                     No person shall sit at or near the entrance to the business and deter potential shoppers from entering the business; and

 

7.                     No person shall cause a disturbance or make improper noise or breach of peace; and

 

8.                     Commercial vehicles or trailers shall not be in the Clear Zone, unless involved in the daily operation of the business; and

 

9.                     No person shall engage in hawking, peddling of any foods, beverages, goods, wares, merchandise or commodities of any nature in the Clear Zone; and

 

10.                     The parking lot for the business premises, if any, shall be included in the Clear Zone.

 

Violations and Penalty.

 

Any person who shall violate any of the provisions set forth in Section 2, including the requirement of posting signage, shall be subject to a fine of $50.00 for a first offense and a fine of $150.00 for a second or subsequent offense. 

 

SECTION 3.  This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.

 

 

STATEMENT

 

An Ordinance amending Title XXVIIII, Streets and Sidewalks to add the following new Chapter 31 Clear Zones at or near the entrance of Neighborhood Businesses and Other Commercial Establishments.