[HISTORY: Adopted by the Board of Health of the Township of Delran 11-24-2009 by Ord. No. 2009-22. Amendments noted where applicable.]
A code regulating the use, operation and maintenance of coin-operated dry-cleaning establishments, authorizing inspection of and operations connected therewith and affixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 through 26:3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
Editor's Note: Editor's Note: A copy of said code is on file in the Township offices.
The said code established and adopted by this chapter is described and commonly known as the "Coin-Operated Dry Cleaning Establishment Code of New Jersey (1962)."
Three copies of the said Coin-Operated Dry Cleaning Establishment Code of New Jersey (1962) have been placed on file in the office of the Secretary of the Delran Township local Board of Health upon the introduction of this ordinance and will remain on file there for use and examination by the public until final action is taken on this ordinance.
Any person who violates any provision of or order promulgated under this chapter or code established herein shall, upon conviction thereof, be liable to a penalty of not more than $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, for each violation. Each day a particular violation continues shall constitute a separate offense. All ordinances, codes or parts of the same inconsistent with any of the provisions of this chapter and the code established hereunder are hereby repealed to the extent of such inconsistency.
In the event that any section, sentence or clause of this chapter or code shall be declared unconstitutional by a court of competent jurisdiction, said declaration shall not in any manner prejudice the enforcement of the remaining provisions.
This chapter and the code herein established shall take effect 30 days after its publication and adoption according to law.
No person, firm or corporation, nor his, its or their agents or officers, nor any of them, shall operate a coin-operated or self-service dry-cleaning establishment without first having obtained a permit to do so pursuant to and otherwise in all respects complying with the provisions of the Coin-Operated Dry Cleaning Establishment Code of New Jersey (1962). Each day upon which such person, firm or corporation or any of them or any of their officers or employees shall do any act which is herein prohibited or omit to do any act which is herein required shall constitute a new violation.
Any person, firm or corporation herein required to obtain a permit now or hereafter seeking to operate or conduct a coin-operated dry-cleaning establishment shall, not earlier than the first day of June and no later than the 30th day of June of each year, apply in writing to the Secretary of the Board of Health of the Township of Delran for a license to do so; provided, however, that any such person, firm or corporation seeking to commence business may apply at times other than those hereinbefore set forth for a permit, which said permit shall expire on the first day of July next ensuing.
The annual fee, which shall be paid in cash or certified check at the time of application, for the issuance of a coin-operated dry-cleaning establishment permit is and shall be $10.
The Board of Health of the Township of Delran shall receive each application for a coin-operated dry-cleaning establishment and, upon such receipt, shall cause an inspection of the establishment to be made, and thereafter shall, if the establishment complies with the provisions of the Coin-Operated Dry Cleaning Establishment Code of New Jersey (1962), direct the Board to issue a permit, but not otherwise.
Each coin-operated dry cleaning establishment permit shall expire on the 30th day of June annually.
Any permit issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the permittee of any provision of this chapter or of the Coin-Operated Dry Cleaning Establishment Code of New Jersey (1962), or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such permit was issued is conducted in such a disorderly or improper manner or in violation of any law of the United States, the State of New Jersey or any ordinance of this municipality, or that the person or establishment are unfit characters to conduct the same, or that the purpose for which the permit has been issued is being abused to the detriment of the public, or is being used for a purpose foreign to that for which the permit was issued.
A permit issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Board of Health. Written notes of the time and place of such hearing shall be served upon the permittee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, posted prepaid, addressed to such person to be notified at the business address appearing upon said permit. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard and, upon due consideration and deliberation by the Board of Health, the complaint may be dismissed or, if the governing body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the permit held by the permittee.
If any permit shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another permit to carry on the same business within the Township unless the application for such permit be approved by the Board of Health.
Jurisdiction to hear complaints of a violation of this chapter and to impose the penalties hereinafter prescribed shall be vested to the Municipal Court of the Township of Delran.
Upon notice to him that any person, firm or corporation shall have violated the provisions of this chapter, the Board of Health may, by complaint filed in the Delran Township Municipal Court, institute proceedings in the name of the Board of Health of the Township of Delran for the enforcement and imposition of the penalties hereinafter prescribed.