Borough of Rutherford, NJ
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2023-12-11
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The Code
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Chapter 22A Convenience Stores
- The Code
- Ch 1 General Provisions
- Ch 4 Administrative Offices
- Ch 5 Administrative Code
- Ch 6 Alarm Equipment Installation
- Ch 7 Alcoholic Beverages
- Ch 8 Amusement Games
- Ch 10 Animals
- Ch 12 Bicycles
- Ch 14 (Reserved)
- Ch 15 (Reserved)
- Ch 16 Board of Health
- Ch 17 (Reserved)
- Ch 18 Building Code
- Ch 19 Builders and Contractors Licensing
- Ch 19A Cannabis
- Ch 20 Car Lots: New and Used
- Ch 20A Cat Licensing
- Ch 21 Clean Environment
- Ch 21A Commercial Property Maintenance
- Ch 22 Construction Codes, Uniform
- Ch 22A Convenience Stores
- § 22A-1 Purpose; definitions.
- § 22A-2 Hours restricted.
- § 22A-3 Violations and penalties.
- Ch 22B (Reserved)
- Ch 23 Curfew, Emergency
- Ch 24z (Reserved)
- Ch 25 Disability Act Advisory Committee
- Ch 26 Dogs, Pets, Animals and Kennels
- Ch 27 Donation Clothing Bins
- Ch 28 Dry Cleaning and Laundry Machines, Coin-Operated
- Ch 29 (Reserved)
- Ch 30 Elevators
- Ch 31 Ethics, Code of
- Ch 31A Finance Department
- Ch 32 Fingerprint Identification and Criminal History Record Checks
- Ch 33 Fire Department
- Ch 33A Firefighter Auxiliary Program, Junior
- Ch 34 Filming
- Ch 34A Fire Safety
- Ch 35 Fire Lanes or Zones
- Ch 36 Food and Beverage Vending Machines
- Ch 36A Food Establishments
- Ch 36B Food Handlers Training
- Ch 37 Flood Damage Prevention
- Ch 39 Games of Chance
- Ch 39A Garage Sales and Lawn Sales
- Ch 40 Garbage, Rubbish and Refuse
- Ch 41 Graffiti
- Ch 43 Grease Traps
- Ch 44 (Reserved)
- Ch 45 Heliport
- Ch 46 Housing Authority
- Ch 46A (Reserved)
- Ch 47 Housing Code
- Ch 48 Insurance
- Ch 50 Land Subdivision and Site Plan Regulations
- Ch 51 Land Use Procedures
- Ch 51A Length of Service Award Program
- Ch 52 Library Property and Books
- Ch 53 Littering
- Ch 54 Loitering
- Ch 54A Marriage and Civil Union Ceremonies
- Ch 55 Massage and Bodywork Therapies
- Ch 56 Materials, Deposit and Removal of
- Ch 57 Merchants and Rutherford Business District Licenses
- Ch 59 (Reserved)
- Ch 60 Municipal Court
- Ch 61 Municipal Property and Grounds
- Ch 61A Municipal Property, Sale of
- Ch 62 Newsracks
- Ch 63 Noise Control
- Ch 63A Numbering of Buildings and Lots
- Ch 64 Nuisance Code
- Ch 64A Obscene Materials
- Ch 65 Outdoor Cafes
- Ch 66 Parking Area Lighting Regulations
- Ch 66A Parking Yards and Places
- Ch 66B (Reserved)
- Ch 67 Payment of Pensions to Dependents of Volunteer Fire Fighters
- Ch 68 Peace and Good Order
- Ch 69 Permanent Cosmetics Establishments
- Ch 70 Personnel Policies and Practices
- Ch 72 (Reserved)
- Ch 73 Playgrounds, Parks, Open Spaces and Recreation Areas
- Ch 74 Plumbing Code
- Ch 76 Police Department
- Ch 77 Poolrooms, Billiard Parlors and Bowling Alleys
- Ch 77A Precious Metals and Secondhand Goods
- Ch 78 Property Maintenance
- Ch 79 Public Amusement Structures
- Ch 80 (Reserved)
- Ch 81 Purchasing
- Ch 82 Purchasing, Cooperative
- Ch 82A Recycling
- Ch 82B Registration of Landscapers and Landscaping Services
- Ch 83 Recreation Department
- Ch 83A Rent Control
- Ch 84 (Reserved)
- Ch 87 Salary Schedules
- Ch 89 Sanitary Code
- Ch 91 Sanitary Sewers
- Ch 91A Service Stations and Motor Vehicle Repair Facilities
- Ch 92 Sewage Disposal Code
- Ch 93 Sewers: Disposal of Industrial Waste
- Ch 94 Sewers and Wastewater Disposal
- Ch 95 Shade Tree Commission
- Ch 96 Shopping Carts
- Ch 96A Short-Term Rental Property
- Ch 97 Signs
- Ch 98 Skateboards, Bicycles, Roller Skates and Scooters
- Ch 99 Smoke Control
- Ch 100 Snow Removal
- Ch 102 Soil Removal
- Ch 104 Solicitations for Charitable Purposes
- Ch 105 Solicitors, Peddlers and Canvassers
- Ch 105A (Reserved)
- Ch 106 Special Sale Regulations
- Ch 106A Sports Equipment Prohibition in Roadways
- Ch 107A Stormwater Management Control, State
- Ch 107B Stormwater Management, Borough
- Ch 107C Stormwater Management Control: Feeding of Wildlife
- Ch 107D Stormwater Management, Miscellaneous
- Ch 108 Streets and School Safety
- Ch 109 Streets and Sidewalks
- Ch 110 Street Closings
- Ch 111 Swimming Pools
- Ch 112 Taxes
- Ch 113 Taxicabs
- Ch 114 Telephone Booths
- Ch 116 Tent Caterpillar Control
- Ch 116A Tobacco Products
- Ch 117 Towing
- Ch 119 (Reserved)
- Ch 120 Trees and Shrubbery
- Ch 123 Unfit Dwellings
- Ch 124 Vacant and Abandoned Properties
- Ch 125 Vehicles, Abandoned or Junked
- Ch 126 Vehicles and Traffic
- Ch 127 Volunteer Organizations
- Ch 129 Water Pollution
- Ch 131 Zoning
- Disposition List
- Ch DL Disposition List
[HISTORY:[1] Adopted by the Borough of Rutherford Council 5-22-2007
by Ord. No. 3139-07. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 53.
Loitering — See Ch. 54.
Noise control — See Ch. 63.
Nuisance Code — See Ch. 64.
Zoning — See Ch. 131.
[1]
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.
A.
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.
B.
CONVENIENCE STORE
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
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.
