§ 259-44. Requirements and specifications.

A sidewalk cafe authorized and operating pursuant to this article shall comply with all of the following regulations and specifications:

A. 

The cafe shall be operated and maintained in accordance with the development plan and application as finally approved.

B. 

No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be placed within fifty feet of any fire hydrant, plug or standpipe without the written authorization of the Chief of the Fire Department or the Chief's designee.

C. 

No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building, structure or crosswalk. At least six feet of unobstructed walkway shall be provided for access from any door or opening on the principal, side and/or rear facade.

[Amended 6-11-1998 by Ord. No. 98-12R]

D. 

No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in such a way that less than six feet of paved sidewalk remains for the exclusive use of pedestrians and/or motor vehicles in the case of side and/or rear locations (the required passageway), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required passageway. All sidewalk cafes shall have portable barriers or planters not less than three feet nor more than four feet in height which shall be placed around the sidewalk cafe area on the sidewalk to define the cafe area and the required passageway.

[Amended 6-11-1998 by Ord. No. 98-12R]

E. 

All dishes, utensils, containers, tablecloths, cutlery and other items used in the operation or decoration of the sidewalk cafe shall be made of nondisposable and reusable materials. The furniture to be used in the operation of the sidewalk cafe shall be made of durable material, such as sturdy vinyl/plastic, wrought iron or wood. Tables shall have a diameter not larger than 24 inches.

F. 

The sidewalk area utilized by the cafe shall be kept clean and free of litter. No food items shall be left on the tables for any unreasonable time period unless they are being presently consumed. Surfaces of the tables shall be cleaned as soon as patrons are finished consuming food and/or beverages. Sidewalks shall be cleaned daily and trash receptacles, with lids, shall be provided as required, within close proximity of the sidewalk area and approved from time to time by the Borough.

G. 

Noise shall be kept at such levels as to comply in all respects with the provisions of applicable state, county and local law.

H. 

Sidewalk cafes shall be permitted to operate only within the permitted zones and only from 7:00 a.m. until 11:00 p.m. during the months of April to October, inclusive.

[Amended 5-14-1998 by Ord. No. 98-09R]

I. 

Within 30 minutes after the closing of the cafe, the operator shall have all furniture, apparatus, decorations, barriers, planters and appurtenances and any other items used in connection with the operation of such cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.

J. 

No advertisements or signs of any kind shall be placed on any furniture, fencing or other appurtenances related to the sidewalk cafe.

K. 

The operator shall comply with all the requirements of N.J.A.C. 8:24-1 et seq. (also known as Chapter XII of the New Jersey State Sanitary Code) and N.J.S.A. 24:15-1 et seq.

L. 

The cafe shall be operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension.

M. 

The operator shall fully comply with all provisions of this Code.