City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-4-1962 by Ord. No. 3471 (Article 12 of Chapter 10 of the Revised Ordinances of the City of Clifton, New Jersey, 1960). Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 127.
Licensed businesses — See Ch. 303.

§ 207-1 Legislative declaration.

The Municipal Council of the City of Clifton hereby declares its intent to regulate in a manner consistent with the interest of the citizens of the City of Clifton the location, the installation, the maintenance and operation of coin-operated dry-cleaning machines.

§ 207-2 Compliance required.

It shall be unlawful to install, operate or maintain any "automatic coin-operated or self-service dry-cleaning machine" as hereinafter defined except in compliance with the provisions of this chapter.

§ 207-3 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:
AUTOMATIC COIN-OPERATED OR SELF-SERVICE DRY-CLEANING ESTABLISHMENT
Includes those premises wherein devices for the cleaning of textiles, fabrics, garments or other articles by the use of any solvent, other than water, are installed for use by the general public, and designed to be used or operated by any but the owner, or an employee of the owner thereof.
AUTOMATIC COIN-OPERATED OR SELF-SERVICE DRY-CLEANING MACHINE
Includes any device or apparatus for the cleaning of textiles, fabrics, garments or other articles by the use of any solvent, other than water, for use by the general public, and designed to be used or operated by any but the owner, or an employee of the owner thereof.
CUSTOMER AREA
That portion of the establishment to which the general public is permitted access.
MAINTENANCE AREA
That portion of the establishment to which the customer is not permitted access and used for general maintenance and storage purposes.
PERSON
Includes any individual, partnership, corporation, company, firm or any public or private entity.
SOLVENT
A substance capable of, or used in, dissolving something.

§ 207-4 License required; application; fee.

[Amended 11-14-1966 by Ord. No. 3734]
A. 
License required. It shall be unlawful for any person to operate any automatic coin-operated or self-service dry-cleaning machine without first having received a license therefor from the City Clerk.
B. 
Application for license. Any person desiring to operate an automatic coin-operated or self-service dry-cleaning establishment shall make application therefor in writing to the City Clerk.
C. 
Contents of application. Such application shall include the following information:
(1) 
The applicant's name, business name and business address.
(2) 
Whether the applicant is an individual, a partnership, a corporation or another entity, and, if another entity, a full explanation and description thereof.
(3) 
If the applicant is an individual, the applicant's residence address and date and place of birth.
(4) 
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
(5) 
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office [The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.]; in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
(6) 
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime, and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.
(7) 
The proposed location of the establishment, a floor plan showing the building outline and location of the equipment, including provisions for ventilation for both the machines and the room in which the machine will be located.
(8) 
The manufacturer of the machine, the trade name and manufacturer's agent.
(9) 
The name, address and authorized officer of the person engaged to install the equipment.
(10) 
Names, addresses and telephone numbers of maintenance personnel.
D. 
Processing of application.
(1) 
Upon receipt of such application, the City Clerk shall notify the Health Department, Building Department and Fire Public Safety Department, and said departments shall make such investigations of maintenance and storage facilities, as well as machines and their locations in and about the the premises, as may be necessary to determine compliance with the provisions of this chapter.
[Amended 4-6-1971 by Ord. No. 4037-71]
(2) 
Upon receipt of the results of said investigations, the City Clerk shall forward said results, together with the application, to the Planning Board.
(3) 
The Planning Board shall recommend whether the application should or should not be granted and shall return the application, the results of said investigations and its recommendation to the City Clerk.
(4) 
The City Clerk shall then present the application, the results of said investigations and the recommendation of the Planning Board to the Municipal Council for its consent and approval.
(5) 
Consent and approval shall not be granted when the proposed location of the establishment is part of a building which is occupied in part as a dwelling.
E. 
Issuance of licenses. Upon the consent and approval of the Municipal Council, the City Clerk shall issue such license.
F. 
Fee. The annual fee for such license shall be $25 plus $5 for each automatic coin-operated or self-service dry-cleaning machine over five maintained in any one establishment.
G. 
Term and transferability. Each such license shall expire on the 31st day of December following its issuance, unless sooner suspended or revoked by the Municipal Council, and shall automatically be renewed by the City Clerk upon payment of the annual fee; provided, however, that nothing contained herein shall be construed to mean that the license may be transferred from person to person or from the location for which it was originally issued, and provided further that such license may not be transferred from person to person or from the location for which it was originally issued.

§ 207-5 General provisions.

A. 
Each licensee shall notify the City Clerk immediately of any proposed sale, assignment or change in ownership of the premises affected hereunder.
B. 
No automatic coin-operated or self-service dry-cleaning machine shall be operated on Sundays or legal holidays.
C. 
The time for the operation of automatic coin-operated or self-service dry-cleaning machines shall be restricted to the hours between 8:00 a.m. and 10:00 p.m.
D. 
Each person who is the owner, operator or manager of a business of maintaining and operating separate dry-cleaning machines for personal and individual use, where made available to the public, shall provide an attendant who is familiar with the operation of such machines and other machines installed on the premises used therein and who shall be in attendance at all times when such machines are made available.
E. 
No automatic coin-operated or self-service dry-cleaning machine shall be used by any person who is less than 17 years of age. A suitable sign of such age restriction must be prominently posted.

§ 207-6 Operation and maintenance requirements.

A. 
The public shall only be permitted access to that portion of a coin-operated or self-service dry-cleaning machine which is necessary for use of those machines. The remaining portion of each machine shall be separated from the customer area by a partition in which there are grilles or similar ventilation devices. This partitioned off area shall be called the "maintenance area." The access door to the maintenance area shall be self-closing and locked to prevent access by the public.
B. 
No person other than the license holder and an employee or representative of the license holder shall enter the maintenance area.
C. 
The maintenance area shall not be interconnected with an area containing heating devices requiring air for combustion, such as gas dryers, water heaters and comfort heating devices.
D. 
Heating devices requiring air for combustion shall be installed in such a fashion as to obtain air for combustion from the outside atmosphere.
E. 
Ventilation of establishments shall be effected by the drawing of air from the customer area through grilles or other openings in the partition by means of an exhaust fan or fans operating in the maintenance area. Exhaust fans shall have a rated capacity of 400 cubic feet per minute (c.f.m) per machine for normal use and 1,000 cubic feet per minute for use in emergencies. The rated capacities of exhaust fans shall appear on this equipment or its nameplate. If air is being constantly exhausted as a built-in feature of the equipment, the rated capacity of the fan can be reduced by the amount so exhausted.
F. 
Air shall be replenished at a temperature not less than 60º F. as quickly as it is exhausted from the customer area.
G. 
Each automatic coin-operated or self-service dry-cleaning machine shall be equipped with an exhaust system that maintains a minimum of 100 feet per minute velocity through the loading door whenever the door is open. The duct work connections to this system shall be sealed (soldered or taped) and the discharge outlet extended to a minimum height of five feet above the roofline and shall be located so that the effluent may not reenter the premises.
H. 
The terminal of any exhaust shall be at least five feet from any window or ventilating opening if said ventilating window or ventilating opening lies on the same plane as the exhaust terminal; when the ventilating windows or other ventilating openings lie on a plane which faces in the direction of the exhaust terminal, such terminal shall be at least 10 feet away from the same.
I. 
A concrete dyke or metal pan or similar facility shall be installed at the location of each machine to collect and contain spillage. This facility shall be constructed of a material impervious to the solvent used.
J. 
The floor covering in the customer area shall be made of a material resistant to the solvents used in such machines.
K. 
All establishments shall meet the requirements of all established state and local laws, codes and regulations, including but not limited to air pollution, electrical wiring, plumbing, fire prevention, waste disposal, sanitation, solvent storage, food or beverage vending, hours of operation and presence of an attendant.

§ 207-7 Personnel and customer safety requirements.

A. 
A respirator, approved by the United States Bureau of Mines as affording protection against organic solvent vapors, shall be provided for and used by maintenance personnel during correction of leakage, cleaning of the system, removal of lint and muck bags and at all times when the odor of solvent is noticeable.
B. 
The customer area shall be equipped with a fire extinguisher, approved for use against electrical or oil fires by the National Board of Fire Underwriters.
C. 
A step-by-step, readily legible instruction list for operation of machines shall be posted in a conspicuous location near the machine in the customer area. These instructions shall include a list of items not to be dry cleaned in coin-operated or self-service dry-cleaning machines. The list shall include all items made in part or completely of plastic, rubber, leather, paper, fur angora, urethane or suede, but this list shall not be deemed to be exclusive.
D. 
Each establishment shall post in a conspicuous location, readily visible from the outside of these premises, the telephone number or numbers to be called in the event of an emergency.
E. 
Each machine shall be provided with an interlock system to prevent the loading door from being opened during the normal cycle or in the event of a power failure. This system may be either electrical and/or mechanical.
F. 
No machine shall be permitted to be operated in a coin-operated or self-service dry-cleaning establishment which in normal operation fails to eliminate all vapors from the cleaned items upon completion of the dry-cleaning cycle.
G. 
No odor-masking agent shall be used in the solvent which is used in any automatic coin-operated or self-service dry-cleaning machine.
H. 
Immediate action shall be taken to eliminate solvent odor which might enter into the customer area. Failure to take such action shall be just cause for closing the establishment. Vapors or odors from establishments shall be exhausted in such manner as not to constitute air pollution, as defined by statute (P.L. 1954, c. 212[1])
[1]
Editor's Note: See N.J.S.A. 26:2C-1 et seq.
I. 
No person shall use spotting equipment containing flammable material in a coin-operated or self-service dry-cleaning establishment.
J. 
Each machine shall be inspected each day it is in operation and kept in good repair by the owner or agent, servant or employee of the owner. A record shall be kept in the maintenance area of all inspections and repairs made.
K. 
Solvents shall be kept in closed airtight containers and handled in such a manner as to prevent the escape of odors.

§ 207-8 Inspections.

The Health Department and other authorized representatives of the City of Clifton shall inspect establishments as often as they deem it necessary. The permit holder or his representative shall permit access to any portion of the establishment for the purpose of making such an inspection.

§ 207-9 Establishments in violation declared nuisances.

Any coin-operated or self-service dry-cleaning establishment constructed, operated or maintained in violation of the provisions of this chapter is hereby declared to be a nuisance and is detrimental to the public health.

§ 207-10 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 207-11 Repealer.

Ordinance No. 3389, passed on October 17, 1961, is hereby repealed. All other ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistency only.