[HISTORY: Adopted by the Borough of Rutherford Council 5-22-2007 by Ord. No. 3139-07. Amendments noted where applicable.]
Littering — See Ch. 53.
Loitering — See Ch. 54.
Noise control — See Ch. 63.
Nuisance Code — See Ch. 64.
Zoning — See Ch. 131.
Editor's Note: Former Ch. 22A, Cooperatives and Condominium Associations, adopted 9-4-1991 by Ord. No. 2622-91, was repealed 11-10-1998 by Ord. No. 2857-98.
The purpose of this chapter is to regulate the opening and closing hours of convenience stores in order to safeguard the health, safety and welfare of the citizens of the Borough of Rutherford. It has been determined that all-night or late-night commercial operations, such as conveniences stores within the Borough of Rutherford in close proximity to residential neighborhoods, disturb the peace and repose of its citizens and cause loitering, litter, traffic and parking noise, and lighting disturbance, thereby creating a public nuisance.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- CONVENIENCE STORE
- Any retail establishment offering for sale any prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared food meant for consumption off site.
All convenience stores located in the Borough of Rutherford, except those that are located in the ORD Zoning District or the HC Highway Commercial Zoning District, shall be closed between the hours of 12:00 midnight and 5:00 a.m. prevailing time on every day of the year.
Any person, firm or corporation that shall violate any provision of this chapter shall, upon conviction thereof by a court of competent jurisdiction, be fined a sum not to exceed $500 per offense, or, if the party so convicted is a natural person, such person may be imprisoned for a term not exceeding 30 days, and/or be fined a sum not to exceed $500 per offense, as the court in its discretion may impose. Each day that a violation exists shall constitute a separate offense.