[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.[1]
[1]
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hereunder are hereby repealed to the extent of such inconsistency.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.
A.Â
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.
B.Â
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.
C.Â
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.
