§ 241-26. Permit for temporary obstruction required; exceptions.

A. 

No merchant or any other dealer, or any other person whosoever shall place or cause to be placed on or upon any of the public streets or sidewalks of the Township any box, barrel or any other obstruction whatsoever or shall suffer the same to remain on or upon any of the streets or sidewalks in front of his respective place of business or of his residence for any length of time, except such time as shall be actually necessary to unload or unpack the same or to remove the same from or to his place of business or residence without first obtaining a written permit from the Township Council for that purpose.

B. 

Exceptions.

(1) 

Temporary obstruction. The Township Council may provide exceptions to this prohibition for a short-term duration when it is in the public interest to do so. However, at all times, a safe passageway at least three feet wide shall be maintained for pedestrian use on the sidewalks.

(2) 

Outside dining. Those businesses having a valid retail food handling license issued by the Township of Mount Holly which are located on either side of Mill Street and Washington Street between Pine Street and Madison Avenue and on either side of High Street between Garden Street/Rancocas Road and Mill Street/Washington Street may, without prior specific approval from the Township Council, provide food and beverage service to tables on the sidewalk immediately in front of their business establishment subject to the following conditions:

(a) 

No furniture, apparatus, decoration or appurtenance used in connection with sidewalk dining shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.

(b) 

No furniture, apparatus, decoration or appurtenance used in connection with sidewalk dining shall be located in such a way that less than three feet of unobstructed paved sidewalk remains open for the exclusive use of the public within the sidewalk area located between the curbline and the area used for sidewalk dining, nor shall any such objects project or protrude into, on or above the required public passageway. Where streetlights, signs, fire hydrants or similar obstructions exist along the curbline in front of the business with sidewalk dining, three feet of straight, unobstructed sidewalk shall be set back from the curbline obstruction.

(c) 

The sidewalk area utilized for outside dining shall be kept clean and free of litter. Trash receptacles shall be provided as needed.

(d) 

Sidewalk dining shall be permitted only during the business hours of the business establishment providing the same.

(e) 

All furniture, apparatus, decoration and appurtenances used in connection with the sidewalk dining shall be removed from the sidewalk area immediately upon the closing of the inside business operations.

(f) 

(Reserved)

Editor’s Note: Former Subsection B(2)(f), prohibiting the use of glass bottles or other beverage containers, was repealed 6-23-2003 by Ord. No. 2003-15.

(g) 

No alcoholic beverages shall be served upon any unlicensed premises or outside of the hours established by law therefor.

(h) 

Prior to beginning sidewalk dining operations, each business intending to provide the same shall present to the Township Clerk a certificate of insurance evidencing coverage for liability insurance with at least the sum of $1,000,000 single limit coverage to satisfy claims for damage by reason of bodily injuries to or the death of any person occurring on the premises used for the sidewalk dining and $50,000 property damage coverage to satisfy all claims made as a direct or indirect result of the sidewalk dining.

Amended 6-9-2003 by Ord. No. 2003-11