Township of Irvington, NJ Chapter 464 Registration of Commercial and Multifamily Properties

[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.]

GENERAL REFERENCES

Licensing procedure — See Ch. 290, Art. I.

§ 464-1 Definitions.

In this chapter, the following words and phrases shall have the meanings stated in this section unless the context otherwise requires:

CERTIFICATE OF REGISTRATION

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.

COMMERCIAL PROPERTY

Any business in the Township that is open after 8:00 p.m. on any day of the week.

EMPLOYEE

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.

MANAGER

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]

NOTICE

Any written notice that the police official is required to give an applicant or registrant under this chapter.

PERSON

Any individual, corporation, organization, partnership, association, or other legal entity.

POLICE OFFICIAL

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.

REGISTERED AGENT

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]

REGISTRANT

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]

RESIDENTIAL UNITS

A building possessing five family units or more.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 464-2 Registration required; security camera system requirements.

A. 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.

B. The residential properties or commercial businesses subject to this chapter must contain a retail security camera system as follows:

(1) A security camera system that operates 24 hours a day/seven days a week;

(2) At least one of the security cameras within the residential or commercial property must be completely dedicated to monitoring the public entrance door;[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(3) There must be a camera or cameras that monitor the entire area of the residential or commercial property that is accessible by the public; and[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(4) The video footage obtained by the security camera system must be maintained by the residential or commercial property for no less than 30 days.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 464-3 Authority of police official; promulgation of rules and regulations.

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.

§ 464-4 Time for compliance by new and existing residences and commercial businesses; changes in registration information.

A. 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. All existing residential and commercial businesses subject to this chapter must comply with the requirements of this chapter by February 1, 2016.

C. 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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 464-5 Certificate of registration. [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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 464-6 Nature of application. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 464-7 Issuance, denial, and display of certificate of registration. [1]

A. 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. 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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 464-8 Fee.

The administrative fee for registration shall be $100.

§ 464-9 Expiration and renewal of certificate of registration.

A. A certificate of registration for a residential or commercial property expires December 31 of each calendar year.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. A registrant may apply for renewal within 30 calendar days prior to the expiration of the certificate of registration by making application to the police official. However, a certificate of registration must be renewed within 10 days following expiration.

§ 464-10 Property inspections.

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.

§ 464-11 Refusal to permit inspections. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 464-12 Hours of operation for all new and existing commercial properties; lighting.

[Amended 1-28-2019 by Ord. No. MC 3682]

A. 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. 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.

§ 464-13 Violations and penalties.

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:

A. First offense: $100 to $500.

B. Second offense: $500 to $1,000.

C. Third offense: $1,000 or imprisonment for not more than 90 days, or both such fine and imprisonment.

[Amended 3-13-2018 by Ord. No. MC 3635]

§ 464-14 Notice.

[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.