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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enclosure heating
Prohibited by ordinance
Enclosure height limit
Open above 3 feet
Cafe operating season
April 1 to October 31
Annual license fee
$200
Issuing office
Health Officer

Summary

Paterson's licensed sidewalk cafe rule requires any perimeter enclosure to stay open to the air and bars doors, windows, air-conditioning, or heating equipment inside it.

The enclosure shall not contain doors or windows nor air-conditioning or heating equipment and shall be open at all times to the air from a height of not more than three feet. Awnings or outdoor umbrellas extending over the enclosure are permitted. The scaled drawings shall also illustrate the following:

(a) The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.

(b) The number of feet and location of unobstructed space permitting free passage of pedestrian traffic around or through each outdoor cafe.

(c) The location of the place where any food or drink is intended to be prepared.

(d) An illustration of the enclosure or protective barrier separating the eating and serving area of each outdoor cafe from pedestrian traffic.

(e) The location of all fire hydrants, parking meters, utility poles, benches, handicap ramps, street furniture, trees, and any other fixtures permanently located on the sidewalk in front of the eating establishment or within 10 feet thereof on either or any side.

(f) The type and location of any proposed outdoor lighting and fixtures.

B. The application fee and annual license fee shall be $200.

C. Licenses shall expire annually on March 1.

§ 349-5. Review of application.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4713536; v19 updated 2025-12-16; through 12-16-2025).

Full Breakdown

Chapter 349 governs Paterson's licensed sidewalk cafes. Under § 349-4, an applicant's layout plans must show any perimeter enclosure around the outdoor seating area, and that enclosure 'shall not contain doors or windows nor air-conditioning or heating equipment' and must remain 'open at all times to the air from a height of not more than three feet,' though awnings and umbrellas over it are permitted. The rule rules out heating equipment built into a cafe's enclosure; the ordinance doesn't separately address freestanding portable heaters placed on the licensed sidewalk area outside an enclosure. Licenses are issued by the Health Officer, cost $200 annually, and expire each March 1.

Violations & Fines

Noncompliant enclosures can be grounds for suspension or revocation of the outdoor cafe license by the Business Administrator on 10 days' written notice.

Frequently Asked Questions

Can a Paterson outdoor cafe use heaters inside its enclosure?
No. City Code § 349-4 requires the enclosure to stay open to the air and bars doors, windows, air-conditioning, or heating equipment inside it, ruling out built-in patio heaters there.
Does Paterson's outdoor cafe ordinance address freestanding heaters?
No. § 349-4 only regulates equipment inside the cafe's enclosure; it doesn't separately address portable heaters placed elsewhere on the licensed sidewalk area.

Sources & Official References

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