[HISTORY: Adopted by the Municipal Council of the Township
of Irvington 4-14-2015 by Ord.
No. MC 3532; amended in its entirety 12-15-2015 by Ord. No. MC 3558. Subsequent amendments noted where applicable.]
In this chapter, the following words and phrases shall have
the meanings stated in this section unless the context otherwise requires:
A certificate of registration issued by the police official
under this chapter to the owner or operator of a commercial property
and or a residential property as defined below.
Any business in the Township that is open after 8:00 p.m.
on any day of the week.
Any person who performs any service on the premises of a
residential or commercial property on a full-time, part-time, temporary
or contract basis (including managers), whether or not the person
is defined an employee, independent contractor, agent, or otherwise.
"Employee" does not include a person exclusively on the premises for
repair, maintenance or cleaning of the premises or for the delivery
of goods to the premises.
The person designated in the registration application filed
under this chapter as being responsible for the daily operation of
a residential or commercial property.[1]
Any written notice that the police official is required to
give an applicant or registrant under this chapter.
Any individual, corporation, organization, partnership, association,
or other legal entity.
The Director of the Public Safety Department for the Township
of Irvington or person he may designate to act as the official primarily
responsible for the administration of this chapter.
The person identified in the registration application filed
under this chapter who is authorized to receive on behalf of the residential
or commercial property any legal process or notice required or provided
for in this chapter.[2]
A person issued a certificate of registration for a residential
or commercial property under this chapter and includes all owners,
lessees and operators of the residential or commercial property identified
in the registration application filed under this chapter.[3]
A building possessing five family units or more.
A.Â
No person
shall keep, maintain, or operate a commercial property or residential
property as defined in this chapter in the Township of Irvington without
first having registered with the police official.
The police official shall implement and enforce this chapter
and may establish rules, regulations, or procedures as necessary to
carry out the purpose of this chapter.
A.Â
All new residential or commercial businesses subject to this chapter
within the Township of Irvington must comply with the provisions of
this chapter not later than 30 calendar days following completion
of construction or commencement of business operations, whichever
occurs first.
B.Â
All existing residential and commercial businesses subject to this
chapter must comply with the requirements of this chapter by February
1, 2016.
C.Â
A registrant must obtain a new certificate of registration within
30 calendar days after any change in the information contained in
the application for a certificate of registration for a residential
or commercial property, including, but not limited to, any changes
in ownership of the residential or commercial property, and any changes
in the registered agent, manager, or emergency contact person for
the residential or commercial property.[1]
To obtain a certificate of registration for a residential or
commercial business, a person must submit to the police official a
notarized application on a form provided by the police official. The
applicant must be the person who will own, operate, or manage the
residential or commercial property.
The application for registration shall be made to the Division
of Licensing on a blank form prepared and furnished by the police
official. Such application shall give the name and physical post office
address of the applicant, the location of the residential or commercial
property, the name of the owner of the property and such other information
as the Division of Licensing may require to locate such business and
its owners and to show compliance with the provisions of this chapter
and any other applicable laws or regulations of the Township of Irvington.
A.Â
The police official shall issue to the applicant a certificate of
registration for a residential or commercial property if the police
official determines that the applicant has complied with all requirements
for issuance of the certificate of registration.
B.Â
A certificate of registration must be displayed in a conspicuous
manner and location in the residential or commercial property that
is visible to the public inside the store. The certificate of registration
must be presented upon request to the police official or any other
designated agents having responsibility for enforcement of this Code
for examination.
The administrative fee for registration shall be $100.
An applicant or registrant shall permit, at reasonable times
upon request, representatives any designated agent of the Township
of Irvington to inspect the interior and exterior of the subject property
or business for the purpose of ensuring compliance with this chapter
and other Township ordinances and state and federal laws applicable
to commercial properties.
The applicant or registrant commits an offense if, either personally
or through an agent or employee, the applicant or registrant refuses
to permit a lawful inspection of the subject property or business
as required by this chapter or is found to be operating a residential
or commercial property in the Township of Irvington without being
registered with the police official.
[Amended 1-28-2019 by Ord. No. MC 3682]
A.Â
No commercial property to which the public is invited shall be opened
to the public or conduct any such business, operations or activities
in any manner before 5:00 a.m. on any day and after 12:00 midnight
on the same day on Mondays through Thursdays, or after 1:00 a.m. on
Fridays through Sundays and legal holidays, subject to other municipal
ordinances which otherwise limit hours of operation for commercial
properties.
B.Â
Except with respect to security lighting, in nonresidential areas
all exterior and window electrical lighting or illumination, whether
temporary or permanent, for each such business or commercial establishment
shall be extinguished at the closing time thereof, as established
herein. In residential areas, electronically illuminated signs shall
be turned off and shall not function from 9:00 p.m. to 6:00 a.m.,
daily.
Any person, firm, corporation, limited-liability company, partnership
or other business entity or commercial establishment of any type whatsoever
violating the provisions of this section or any other sections in
this chapter shall, upon conviction, pay the below imposed fines:
[Amended 3-13-2018 by Ord. No. MC 3635]
All new and unregistered existing businesses operating as a
residential or commercial property in the Township of Irvington shall
be given notice of this chapter by way of business registration notices
provided through all appropriate modes of communication as determined
by the police official.