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West New York, NJ Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Awning clearance
Seven feet clear space above the sidewalk
Window projection limit
Not more than one foot into a public street or sidewalk
Special sidewalk sales
No more than four occasions a year, four days each
Fruit and vegetable displays
Not more than 28 inches from the storefront facade
Penalty for each day
Each day a violation exists is a separate violation
Code-wide fine ceiling
$1,000 or up to 90 days in county jail

Summary

In the Town of West New York, New Jersey, it is unlawful to erect stands or showcases on the sidewalk, to display or sell merchandise there, or to place any article on a sidewalk so as to encumber it. Awnings and signs over a sidewalk need Board of Commissioners permission, with seven feet of clear space above the sidewalk.

§ 352-4. Encumbrance of sidewalks by stands prohibited. It shall be unlawful for any person or persons, partnership or corporation to erect or maintain stands or showcases, or display or sell merchandise on or from the sidewalks of this town, or to place any article, substance or thing upon the sidewalks of said town in any manner so as to encumber the same. § 352-5. Sale of merchandise so as to encumber sidewalk prohibited. It shall be unlawful for any person or persons, partnership or corporation to offer or display for sale or to sell any goods, wares or merchandise from any store premises fronting on any street or avenue in said town in such a manner as to encumber the sidewalk in front of said store premises. ... § 352-7. Violations and penalties. ... Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties provided for in Chapter 1, General Provisions, Article I, and each and every day in which said violation exists shall constitute a separate violation.

Full Breakdown

Chapter 352 of the Code of the Town of West New York regulates what sits on or hangs over the sidewalk. Section 352-4 makes it unlawful to erect or maintain stands or showcases, or display or sell merchandise on or from the sidewalks of the town, or to place any article, substance or thing upon the sidewalks in any manner so as to encumber them. Section 352-5 reaches store owners: no one can offer, display or sell goods from store premises fronting on any street or avenue in a way that encumbers the sidewalk in front of the store.

Two exceptions exist. Under § 352-6, the Board of Commissioners can authorize by resolution a special sidewalk sale on no more than four occasions in any one year, each for no more than four days and open to all merchants with a retail store in the Town. Merchants with a retail store can also hold sidewalk sales on all Saturdays, including holidays, from the week before Thanksgiving to the week after Three Kings Day (January 6). The Editor's Note to Article II records that Ord. No. 1745, as amended by Ord. No. 1835, lets fruit and vegetable stores display fruits, vegetables, flowers and plants on the sidewalk, extending not more than 28 inches from the facade of the storefront and positioned so pedestrian traffic is not encumbered, with a certificate of insurance of not less than $100,000/$300,000 filed with the Town Clerk.

Overhead and below-grade encroachments need permission too. Under § 352-1 no person can place any post, sign, porch, shed or awning in, upon or over a street or sidewalk except with the permission of the Board of Commissioners, and no shed or awning permit is granted unless seven feet of clear space is left above the sidewalk. Windows cannot extend more than one foot into a public street or sidewalk (§ 352-2). Areaways, cellar openings and entrances need an iron cover resting level with the street when closed and cannot extend more than three feet over the line of a public street (§ 352-3). Section 352-3.1 bars obstructing any public sidewalk, alley, street or other right-of-way to use fireworks and sparkling devices.

Violations & Fines

Section 352-7 applies the penalties of Chapter 1, General Provisions, Article I to violations of Article II, and each day a violation exists is a separate violation. Section 1-16 sets the Code-wide penalty: a fine not to exceed $1,000 or imprisonment in the county jail not to exceed 90 days, or both. Opening a sidewalk without an excavation permit (§ 352-19) or failing to replace a whole sidewalk square (§ 352-30) is capped at a fine not exceeding $100 or imprisonment for 30 days, or both, under §§ 352-25 and 352-33.

Frequently Asked Questions

Can a shop in the Town of West New York put merchandise on the sidewalk?
Not as a rule. Section 352-4 makes it unlawful to display or sell merchandise on or from the sidewalks, and § 352-5 bars selling from store premises in a way that encumbers the sidewalk in front. Exceptions are the special sales under § 352-6 and the fruit and vegetable display allowance recorded in the Article II Editor's Note.
How low can an awning hang over a West New York sidewalk?
A shed or awning permit is not granted unless seven feet of clear space is left above the sidewalk, under § 352-1. The permit comes from the Board of Commissioners, whose permission is required before anyone places a post, sign, porch, shed or awning in, upon or over any street or sidewalk.
How far can a fruit stand display extend onto the sidewalk?
Not more than 28 inches from the facade of the storefront, and it must be positioned so that pedestrian traffic is not encumbered. The Editor's Note to Article II says the operator must file a certificate of insurance with the Town Clerk with a liability policy of not less than $100,000/$300,000.
How many sidewalk sales can the Town authorize each year?
Under § 352-6 the Board of Commissioners can authorize by resolution a special sidewalk sale on no more than four occasions in any one year, each extending no more than four days. Retail merchants can also hold sidewalk sales on all Saturdays from the week before Thanksgiving to the week after Three Kings Day.

Sources & Official References

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