Irvington, NJ Special Events & Permits: Outdoor Heater Rules (2026)

Township Code § 413-5A, part of the general practices governing outdoor dining under Chapter 413 (adopted July 13, 2020 by Ord. No. MC 3725), flatly states that no heating, cooking, refrigeration, sinks, food preparation, storage or open containers of food or other operating equipment shall be permitted on the public sidewalk. That single sentence forecloses the use of freestanding propane or electric patio heaters, portable stoves, or any other heating apparatus on sidewalk dining space, distinguishing sidewalk seating from expansions onto a business's own contiguous private property, decks or parking lots under § 413-6, where the sidewalk-specific ban does not appear in the same terms.

Section 413-5C separately bars outdoor music and sound equipment on the sidewalk that could create a public nuisance or block pedestrian traffic, and § 413-5D requires a six-foot pedestrian pathway to be kept clear at all times. Businesses seeking heated outdoor dining must therefore confine any heating equipment to non-sidewalk expansion areas approved through the § 413-6 location and plans process, since equipment permitted there is not barred by the sidewalk-specific text of § 413-5A. Enforcement of the Chapter 413 general practices, including § 413-5A, runs through the Department of Health, Business Administrator, law enforcement, Fire Inspector, and Housing and Zoning under § 413-8.