[HISTORY: Adopted by the City Council if the City of Paterson 9-16-2014 by Ord. No.
14-045. Amendments noted where applicable.]
A.
The purposes of this chapter regulating the hours of operation of
places of commerce, as defined below, in specific street areas noted
below, are as follows:
(1)
Decrease noise and disturbance associated with the large crowds of
juveniles, young adults and others congregating around retail food
establishments and other late-night businesses on the specified streets.
(2)
Decrease overnight accumulation of litter, which the said crowds
generate.
(3)
Discourage criminal activities, especially drug-related criminal
activities and violent crime, in the said crowds.
B.
Based on residents' complaints and Paterson Police records, the Municipal
Council finds as follows:
(1)
Retail food establishments and other businesses in the street areas
set forth below provide a haven for criminal activities, and these
activities are difficult to control while these establishments remain
open.
(2)
Crowds of juveniles, young adults and others are attracted to the
street areas set forth below in part by retail fast food establishments
and other businesses that remain open during the late-night hours.
(3)
Encouraged by the presence of retail food establishments and other
businesses, the said unruly crowds congregate on the main streets
and may spill over into parking lots and side streets.
(4)
The said unruly crowds create a disturbance in the neighborhood which
prevents residents from sleeping and walking the streets and from
enjoying the peace and quiet of their homes.
(5)
The said unruly crowds cause residents and pedestrians to fear for
their personal safety, thus causing an increase in the need for police
presence and calls for police service.
(6)
The presence of all-night food establishments and retail sales and
services businesses has increased the volume of noise in these neighborhoods
as a result in the increase of automobile and pedestrian traffic.
The increase in automobile traffic is accompanied by loud radios,
car horns and running automobile engines; the increase in pedestrian
traffic by loud belligerent behavior, fights and general commotion
on the streets.
(7)
The all-night operation of restaurants and retail sales and services
businesses has left the streets in these areas covered with debris
from food wrappings, bottles, cans and decomposing food products.
A.
Generally: Places of commerce, as defined below, located in specified
street areas, as defined below, generally may operate in the City
of Paterson during only from 5:00 a.m. to 12:00 midnight.
B.
Terms defined; alcoholic beverages.
(1)
PLACE OF COMMERCE
Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
Any business where goods or services are offered in exchange
for payment, economic gain, or paid membership (other than membership
in a charitable or benevolent organization) to persons whose presence
is invited or permitted, regardless of whether the business is fixed
or mobile. A place of commerce shall include, but shall not be limited
to, a store, a restaurant, a take-out restaurant, a cafe, a market,
a barber shop, or a place of entertainment or amusement.
(2)
Additionally, if and only if Paterson Code Chapter 113, entitled "Alcoholic Beverages," is amended to provide that alcoholic beverage licensees shall be subject to this chapter, or subject to any stated portion of the duties imposed by this chapter, then alcoholic beverage licensees shall be regulated as provided by the amended Chapter 113.
C.
Exceptions: The time limitations in this chapter shall not apply
to the following:
(1)
Industrial activities: the operations of factories, warehouses, wholesale
food producers that are not open to the general public for retail
sales, and other such activities that do not involve providing goods
or services directly to the general public; or
(2)
Health care treatment: the commercial or not-for-profit operations
of hospitals, clinics, or other providers of health care services;
or
(3)
Housing, hotels, and rooming houses: the commercial offering of long-term
or short-term housing or hotel accommodations, or any similar accommodations;
or
(4)
Athletic fields, athletic courts or parks: Such sites are excluded
from this chapter's time limitations, even in instances where admission
is charged for a nighttime event; or
(5)
Schools, houses of worship, charitable or benevolent organizations:
Such sites are likewise excluded from this chapter's time limitations,
even in instances where admission is charged for a nighttime event;
or
(6)
Maintenance, cleaning, administrative and clerical activities: activities
commonly performed in places of commerce, as defined above, during
hours when they are closed to the general public, including but not
limited to stacking shelves, taking inventory, cleaning floors, or
miscellaneous document preparation or organization.
(7)
Drive-through-only service, without indoor service, and with access
to on-site parking barred: places of commerce that meet all of the
following standards when operating during the hours of 12:00 midnight
to 5:00 a.m.:
(a)
The place of commerce shall at those times be accessible to
patrons solely by means of a drive-through facility;
(b)
The place of commerce shall at those times sell only to customers
driving through in motor vehicles, with curb service and walk-up service
prohibited; and
(c)
If the place of commerce has a parking area, then at those times
the place of commerce shall physically close all sections of its parking
area not utilized for requesting, awaiting, or receiving the said
drive-through service, such that it shall not be physically possible
for patrons to remain parked on the site in their cars.
D.
Specified street areas, also including entire intersections:
(1)
Street areas: The specified street areas in which this chapter limits
the hours of places of commerce are as follows:
[Amended 4-12-2016 by Ord. No. 16-028; 7-31-2018 by Ord. No. 18-040]
Street
|
Start
|
Finish
|
Sides of Street
|
Terminal Intersections Included
|
---|---|---|---|---|
10th Ave.
|
E. 16th
|
E. 28th St.
|
Both
|
Entire T-intersection of 10th Ave. and E. 16th
All four corners of 10th Ave. and E. 28th
|
17th Ave.
|
Rosa Parks Blvd.
|
E. 32nd St.
|
Both
|
Entire T-intersection of 17th Ave. and Rosa Parks Blvd.
All four corners of 17th Ave. and E. 32nd St.
|
Broadway
|
Straight St.
|
Madison Ave.
|
Both
|
All four corners of Broadway and Straight St.
All four corners of Broadway and Madison Ave.
|
E. 18th St.
|
8th Ave.
|
Broadway
|
Both
|
All four corners of E. 18th St. and 8th Ave.
All four corners of E. 18th St. and Broadway
|
Governor St.
|
Auburn St.
|
Carroll St.
|
Both
|
Entire T-intersection of Governor St. and Auburn St.
All four corners of Governor St. and Carroll St.
|
Temple St.
|
N. 6th St.
|
N. 7th St.
|
Both
|
All four corners of Temple St. and N. 6th St.
All four corners of Temple St. and N. 7th St.
|
Main St.
|
Robert St.
|
Goshen St.
|
East
|
Both corners of Main St. and Robert St.
Both corners of Main St. and Goshen St.
|
Main St.
|
Montclair Ave.
|
Gould Ave.
|
West
|
Both corners of Main St. and Montclair Ave.
Both corners of Main St. and Gould Ave.
|
Rosa Parks Blvd.
|
Broadway
|
Lyon St.
|
Both
|
Entire T-intersection of Rosa Parks Blvd. and Lyon St., extending
to the corner of Lyon St. and North York
All four corners of Rosa Parks Blvd. and Broadway
|
Park Ave.
|
Straight St.
|
E. 23rd St.
|
Both
|
All four corners of Park Ave. and Straight St.
All four corners of Park Ave. and E. 23rd St.
|
N. Main St.
|
Haledon Ave.
|
Clinton St.
|
Both
|
All four corners of N. Main St. and Haledon Ave.
Entire T-intersection of N. Main St. and Clinton St.
|
Straight St.
|
Market St.
|
Van Houten St.
|
Both
|
All four corners of Straight St. and Market St.
All four corners of Straight St. and Van Houten St.
|
Market St.
|
Straight St.
|
Madison Ave.
|
Both
|
All four corners of Market St. and Straight St.
All four corners of Market St. and Madison St.
|
W. Broadway
|
Presidential Blvd.
|
Cliff St.
|
Both
|
All four corners of W. Broadway and Presidential Blvd.
Entire T-intersection of W. Broadway and Cliff St.
|
Carroll St.
|
16th Ave.
|
Park Ave.
|
Both
|
All four corners of Carroll St. and 16th Ave.
All four corners of Carroll St. and Park Ave.
|
12th Ave.
|
E. 18th St.
|
E. 24th St.
|
Both
|
All four corners of 12th Ave. and E. 18th St.
All four corners of 12th Ave. and E. 24th St.
|
12th Ave.
|
Straight St.
|
Auburn St.
|
Both
|
Entire T-Intersection of 12th Ave. and Straight St.
All four corners of 12th Ave. and Auburn St.
|
Weiss St.
|
Main St.
|
Chadwick St.
|
Both
|
Entire T-Intersection of Chadwick St.
All four corners of Main St. and Weiss St.
|
(2)
Determining whether a site is within a specified street area:
(a)
Generally: A place of commerce located in one of the specified
street areas set forth above is subject to this chapter's limitations
upon hours of operation.
(b)
Off-street locations: Where a place of commerce operates in
an off-street location, such as, for example, where there is a parking
area, lawn, or other grounds between the place of commerce and the
specified street area, then in such an instance if any borders of
the real property on which the place of commerce operates are located
on a specified street area, then the place of commerce is deemed to
be within the specified street area.
(c)
Multiunit structures: Within a multiunit structure, any place
of commerce shall be deemed to be in the specified street area if
and only if there are no other units, whether residential or nonresidential,
between the place of commerce and the specified street area.
(d)
Upper story businesses: Notwithstanding the preceding provision,
within a multiunit structure, a place of commerce operating solely
on a floor above street level shall be deemed to be within a specified
street area if any public street level entrances via which it is accessed
fall within a specified street area.
A.
This chapter may be enforced by the Police Department or by any department
or division otherwise having jurisdiction over the place of commerce
in question. Any person, firm or corporation found in violation of
this chapter shall be subject to a fine not to exceed $2,000 or the
maximum permitted by N.J.S.A. 40:49-5, or any successor law, or imprisonment
for a period not to exceed 90 days, or both.
B.
The said recitation of penalties is stated without limitation, and
as such is not under any circumstances intended to preclude the City
of Paterson from pursuing any other remedies, including but not limited
to any applicable zoning actions, complaints to regulatory bodies,
or court actions seeking similar remedies via injunctive relief.