[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-27-1982
as Sec. 4-5 of the 1981 Revised General Ordinances. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Municipal Clerk.
A recognized place of business conducted for the purpose of washing,
cleaning, drying and laundering clothes or other washable materials or cleaning
and drying any such materials that may be brought to the establishment or
place of business, and wherein the work is done in machines, coin-operated
or otherwise, located on the premises, by the customers themselves or by or
under the supervision of the owners or operators of the establishment or place
of business for the customers and shall include a "laundromat," "washomat,"
"dryomat" and similar names and types under which laundering of the self-service
type is carried on, whether conducted as a mobile business or at a fixed location.
An establishment or place of business conducted for the purpose of
cleaning, drying and laundering clothes or other materials or fabrics that
may be brought to the establishment or place of business, and wherein the
work is done by machines, coin-operated or otherwise, located on the premises
by the customers themselves or by or under the supervision of the owners or
operators of the establishment or place of business for the customers, and
shall include the use of chemicals, gases or other materials, mixtures or
solutions to effect a cleaning of fabrics or materials, and shall include
a "cleanomat," "easy clean" and similar names and types under which dry cleaning
of the self-service type is carried on, whether conducted as a mobile business
or at a fixed location.
The duly qualified individual appointed by the Manager as Sanitarian,
for the enforcement of this chapter, or such other qualified person as the
Manager may appoint.
It shall be unlawful for any person to operate any launderette or machine
dry-cleaning establishment in the borough without having first obtained a
license therefor. Application therefor shall be filed with the Clerk. The
application shall state the name and address of each person who will conduct
such business, the exact location of the premises, a detailed floor plan,
showing the size thereof, location of machines and equipment, and the estimated
daily amount of water which will be used in connection therewith. A separate
application and license will be required for each establishment. Each license
shall expire on December 31 following date of issuance. No license shall be
issued unless the premises comply with the requirements, regulations and provisions
of the Police Department, Fire Department, building, zone, plumbing, health,
sanitation and other ordinances of the borough, and the issuance of licenses
shall not constitute a waiver of any of these requirements.
[Amended 5-23-1995 by Ord.
No. 1599-95]
The annual license for the full year or any portion thereof shall be
as set from time to time by resolution of the Borough Council for each washer,
dryer or dry-cleaning machine installed; provided, however, that the maximum
fee irrespective of the number of machines shall be as set from time to time
by resolution of the Borough Council.
No machinery used in the operation of such business shall be operated
in such a manner as to cause unnecessary or unreasonable vibration or other
noise, nuisance or any noxious or offensive odors to the annoyance of residents
in the surrounding neighborhood or to the detriment of the well-being of neighboring
business or other premises.
No such business shall begin operations before 7:00 a.m. in the morning
or continue after 10:00 p.m. at night, except that machines started before
10:00 p.m. at night need not be stopped until the operation has been completed,
but no machine shall be started for use at or after 10:00 p.m. at night.
No automatic self-service business of this type shall be permitted to
be open for business unless the area of the premises where the washing, cleaning,
drying or dyeing are done shall be unobscured and clearly visible from the
street to all enforcement agencies and patrolling police vehicles.
No diapers or other articles containing body excrement or discharges
shall be permitted to remain around the premises, but shall as speedily as
possible be placed for washing in machines so designated for that purpose,
and all such machines so designated shall be appropriately and conspicuously
marked and shall not be used for any other purpose.
The owner or operator of such premises shall be responsible for maintaining
good order among the patrons of such establishment and shall be responsible
for any disorder which may be attributable to the lack of a supervising attendant
or employees on the premises during hours of operation.
A.
Where in the process of washing, drying, cleaning or
dyeing it is necessary to use any inflammable, explosive, noxious or poisonous
gas chemical solution, mixture or material, it shall be necessary for the
owner or operator of such business to have an attendant trained in the storage,
handling and use of the particular inflammable, explosive, noxious or poisonous
substance during all hours when such materials are in use or available to
the public. The owner or operator of such business shall certify to the Borough
Manager the training and experience of the proposed attendant or attendants
as part of the license application. Upon issuance of a license, the name of
such attendant or attendants shall remain on file with the Clerk. No new attendants
shall be permitted to operate such business without such a certificate being
filed with the Clerk.
B.
Where such substances are used which may be dangerous
to human life, the owner or operator shall be required:
(1)
To post lighted signs to warn the patrons of the danger.
(2)
To post first aid instructions and provide first aid
equipment, in the event of an accident.
(3)
To take every precaution to ensure that safety locks
on machine doors will not open while machine is in operation.
(4)
To cause sufficient changes of air on the premises to
be made through the use of exhaust or other circulation system, wherever noxious
or poisonous substances, gases or other materials are in use on the premises,
to ensure public safety.
(5)
To construct gutters in front and behind machines which
lead to safety drain tanks of sufficient size and capacity to contain all
cleaning solvent leakage in the event of connection breaks or machine breakdown;
and to construct gutters in front and behind machines which lead to drains
or safety drain tanks of sufficient size and capacity to control and contain
the flow or overflow of water in the event of water leakage from connection
breaks or machine breakdown.
(6)
To cause inflammable materials or solutions, solvents,
chemicals or other materials of noxious or poisonous nature to be stored in
a manner as will best protect the public, and in accordance with all rules,
regulations and provisions as set forth by or in the Fire Department, Police
Department, Sanitarian, zoning, building, plumbing, health, sanitation and
other ordinances of the borough.
(7)
To cause all light switches, motor electrical connections
and other electrical connections to be explosion shielded and grounded.
(8)
To cause to be clearly posted and to enforce the following
regulation: No children under the age of 14 years shall operate any machine
upon these premises.
(9)
In no event shall such business be operated in any building
or upon any premises in which any part or portion thereof is set aside as
a dwelling or residence.
C.
In all establishments regulated by this chapter, all
equipment using exhaust or other circulation system shall have vents or openings
so located as to prevent the exhaust or deposit of heat, gas, fumes or any
other material upon neighboring properties or to the annoyance or danger of
the community. All such exhaust openings shall be vented and/or filtered where
necessary to prevent the deposit of lint or other such materials upon neighboring
properties or to the annoyance or danger of the community.
The entire premises devoted to the operation of such business and all
machines used in connection therewith shall be kept in a clean and sanitary
condition. The floors shall be kept clean and dry. The premises shall be adequately
ventilated and provided with sufficient natural or artificial light. The walls
of such premises shall be covered with nonabsorbent paint, cement or other
impervious material. All plumbing work shall at all times conform with the
provisions of the plumbing and building ordinances of the borough and shall
at all times be kept in a sanitary condition and state of repair. The business
shall at all times comply with the ordinances of the borough, the statutes
and regulations of the State of New Jersey.
Where the Sanitarian or any other duly authorized enforcement agency
of the borough finds that a laundry or launderette or machine dry-cleaning
establishment is being operated or maintained in violation of the provisions
of this chapter or any other ordinance of the borough so as to constitute
a nuisance, the Sanitarian shall notify the owner or operator of the premises,
or both, to abate the nuisance at the expense of the owner of the premises
or the operator of the establishment. Such notice shall be in writing and
shall specify a time within which such nuisance shall be abated. If such owner
or operator shall not comply with such notice within the time so specified,
the borough shall proceed to abate the nuisance at the expense of such owner
or operator, or both, as provided by this chapter.
Where the Sanitarian finds that the continued operation of such business,
while a violation exists, constitutes a distinct and immediate hazard to public
health or safety, the Sanitarian is authorized to prohibit the owner of the
premises or the operator of the establishment, or both, from operating or
permitting the operation of such business until such time as the violation
is corrected and the nuisance abated.
Where a violation shall constitute a distinct and immediate hazard to
public health or safety of an emergency nature, the borough shall immediately
proceed to abate such nuisance, without prior notice to the owner or operator,
at the expense of the owner or operator, or both, as provided for by this
chapter.
A.
In the event that the borough causes an abatement to a nuisance or violation to be effected under the provisions of § 128-11 above or has paid for its removal or repair, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by the owner or operator prior thereto, shall be charged to the owner of the property on the next regular tax bill forwarded to the owner by the borough and shall be due and payable by such owner at the time of the payment of such bill.
B.
When, in the abatement of such nuisance, it becomes necessary
for the borough to cause any public service, municipal, county, state or other
public agency to render services therefor, there shall be in addition to any
other charges and costs, a service charge, as set from time to time by resolution
of the Borough Council,[1] for such services rendered by the borough, which shall be charged to the owner of the property in the same manner as set forth in Subsection A above.
C.
When the full amount due to the borough is not paid by
such owner within 30 days after the abatement of the nuisance, as provided
by this chapter, the Sanitarian shall cause to be recorded in the office of
the Tax Collector a sworn statement showing the costs and expenses incurred
for the work, the date the work was done and the location of the property
on which said work was done. The recordation of such sworn statement shall
constitute a lien and a privilege on the property and shall remain in full
force and effect for the amount due in principal and interest, plus costs
in court, if any, for collection, until final payment has been
made. Such costs and expenses shall be collected in the manner fixed by law
for the collection of taxes and further shall be subject to a delinquency
penalty of 2% in the event the same is not paid in full on or before the date
the tax bill upon which such charges appear becomes delinquent. Sworn statements,
so recorded, shall be prima facie evidence that all legal formalities have
been complied with and that the work has been done properly and satisfactorily,
and shall be full notice to every person concerned that the amount of the
statement plus interest constitutes a lien on the property described.
