Borough of Bogota, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. 11/9/44, S1; New; Ord. #1080, SII; Ord. #1097, SI]
As used in this section:
a. 
Machine shall mean any automatic athletic skill or amusement game or games commonly known as bagatelle, baseball, basketball, pinball games, video games or similar devices operated by coin, disc, token, key or similar device, except, however, that pool tables or billiard tables shall be specifically excluded.
[Ord. 4/24/41, S2; Ord. #1080, SII]
The purpose of this section is to impose a license fee for the cost of regulation on certain games of amusement, as herein defined or designated, and to provide for the control and regulation of the use and maintenance thereof.
[Ord. 11/9/44, S3; Ord. #1080, SII]
No person shall hereafter maintain, place or allow to be used any machine defined or designated herein in any public or quasi-public place, or in any building, store or other place where the public is invited or wherein the public may enter, without first obtaining a license therefor, and after the payment of the license fee for each machine as hereinafter provided.
[Ord. 11/9/44, S4; Ord. #1080, SII]
Any person desiring to obtain a license or licenses as required by this section shall first procure an application form therefor from the borough clerk. Such form shall require the following information to be stated thereon:
a. 
Name and signature of applicant;
b. 
Residence of applicant;
c. 
Name and nature of business conducted by applicant on the premises for which the license is sought;
d. 
Address of the premises where machine will be in use;
e. 
Name and nature of machine;
f. 
Manufacturer's serial number of machine or the name and description of such machine;
g. 
Whether the applicant or any partner, participant or stockholder thereof has been convicted of a crime involving moral turpitude;
h. 
The number of machines located on the same premises;
i. 
Name and address of the person or entity owning the machine.
All statements by the applicant shall be made under oath.
[Ord. #1080, SII]
Notwithstanding anything herein contained to the contrary, there shall be permitted, subject to the rules and regulations provided herein, the use and operation of such recreational, athletic, skill or amusement game as hereinbefore defined without limitation, provided that the applicant for the licenses for such devices and the operator thereof shall adhere strictly to the aforesaid rules and regulations provided herein:
a. 
Such devices or machines as herein described shall be operated only in separate premises dedicated to such use in any area zoned so as to permit such use.
b. 
No premises as herein described shall be operated within a distance of four hundred (400) feet of any church or school, such distance to be measured from the entrance to the entrance of each building.
c. 
Off-street parking, pursuant to borough ordinances requiring such parking, shall be provided for any use as herein described.
d. 
There shall, under no circumstances, be any alcoholic beverages permitted to be sold or distributed in such premises as are described in this section.
e. 
No such premises as described in this section shall permit any person under sixteen (16) years of age to utilize such premises between the hours of 8:30 a.m. and 3:00 p.m. Monday through Friday during any day in which borough schools are open, except as provided in paragraph k hereof.
f. 
No premises as described herein shall be opened except between the hours of 9:00 a.m. and 12:00 a.m. except for Sunday when hours of operation shall be 1:00 p.m. to 11:00 p.m.
g. 
No gambling of any kind shall be permitted in premises as described herein.
h. 
For each device or machine as described in premises as defined in this section, there shall be adequate space and aisle's width as governed by applicable building and fire codes of the borough.
i. 
There shall be at all times during hours of operation an adult person, the owner, operator or an employee thereof, present and in charge as supervisor of such premises.
j. 
Notwithstanding any of the provisions hereof, all applicable borough building and fire code requirements shall be enforced with regard to the operation of such premises as are described herein.
k. 
No person under the age of fourteen (14) years shall be permitted to utilize such premises unless accompanied by an adult.
[Ord. 11/9/44, S5; Ord. #1080, SII]
Every application for a license under the provisions of this section when complete shall be delivered to the chief of police of the borough, who shall within the period of one (1) week after the receipt by him, cause an investigation to be made to verify the information as stated in the application, and he shall thereafter forthwith transmit the report of such investigation to the borough clerk.
[Ord. #803, S1; Ord. #832, S1; Ord. #1080, SII]
The borough clerk, upon receiving an application bearing the report of the chief of police, shall present said application to the mayor and borough council at its next succeeding regular meeting for action thereon. No such application shall be approved by the mayor and council if such approval would result in:
a. 
Except as provided in subsection 4-1.5 hereof, the licensing of more than three (3) of the machines defined or designated herein in any one (1) public or quasi-public place, or in any one (1) building, store or other place where the public is invited or wherein the public may enter; or
b. 
The licensing of any machine defined or designated herein located within a premises that is within a distance of four hundred (400) feet of any school or church, such distance to be measured from the entrance to the entrance of each building;
c. 
The licensing of more than fifteen (15) machines defined or designated herein in the borough, except in premises defined and described in subsection 4-1.5 hereof. Upon approval of an application by the mayor and council, the borough clerk, upon receiving payment of the required license fee shall issue a license as provided hereinafter and said application shall be placed on file and shall remain on file in said borough clerk's office;
d. 
The licensing of any person, firm or corporation whereof the applicant, partner or any stockholder has been convicted of a crime involving moral turpitude.
[Ord. 11/9/44, S7; Ord. #1080, SII]
No license provided for in this section shall be transferable either from person to person or from place to place without the approval of the mayor and council. Upon substitution of any machine so licensed in accordance with this chapter, the applicant shall, within twenty-four (24) hours thereafter, furnish the borough clerk with the name and description of the machine so substituted, and the name and address of the owner thereof, and the borough clerk shall issue a transfer license for the substituted machine upon the payment by the applicant of a transfer fee in the amount of one ($1.00) dollar. The transfer license shall be attached to the original license issued.
[Ord. #803, S1; Ord. #832, S2; Ord. #1080, SII]
All licenses shall be issued on forms drawn in accordance with the provisions of this section and shall be printed in card form and consecutively numbered.
Each license shall contain suitable blank spaces for the name, signature and residence of the licensee, address of the premises for which the license is granted, name of machine licensed, serial number of machine, date of issuance of license, date of expiration of same, the amount of the fee paid therefor and the signature of the borough clerk.
There shall be kept in the office of the borough clerk the necessary books for recording the date when the application for the license was received, the name of the licensee, the number of the application form, the date when the application was approved by the borough council, the amount of the fee received therefor and the date when the license was issued by the borough clerk.
The borough clerk shall file a monthly report with the borough council, showing the number of licenses granted and the total amount of fees received therefor; such monthly reports shall be cumulative during the course of the year so that each report summarizes preceding months of the current year.
All licenses hereunder issued are nonassignable. Should the business in which the licensed machine is located or the premises themselves be sold or in any way change ownership, then the licenses are revoked and new applications must be made.
[Ord. 11/9/44, S9; Ord. #1080, SII]
Every person holding a license issued under the provisions of this section shall be required to display the licensed machine in a conspicuous place in the place of business of the licensee and every license or transfer license thereto attached shall likewise be required to be displayed in a proximity to the machine for which the license or transfer license was issued. Each machine shall have a separate license.
[Ord. 11/9/44, S10; Ord. #1080, SII]
Any license issued under the provisions of the section, after hearing, may be revoked by the mayor and council for the violation of any of the provisions of this or any other municipal ordinance, or State or Federal law, rule or regulation, or for falsification on the application for said license, and upon the filing with the borough clerk of charges alleging such violation, pending such hearing, and final determination by the mayor and council, the chief of police shall take the license into his physical possession and shall retain the same in his office until the further order of the mayor and council.
Editor's Note: Former subsection 4-1.12, License Fee, previously codified herein and containing portions of Ordinance 11/9/44 and Ordinance Nos. 897 and 1080, was repealed in its entirety by Ordinance No. 1317.
[Ord. #832, S3; Ord. #1080, SII]
a. 
Except as provided in subsection 4-1.5, no person under the age of fourteen (14) years shall be permitted by any licensee or by any of his agents, servants or employees to play or use any machine required to be licensed by the provisions of this section unless accompanied by a parent or guardian.
b. 
A minimum of one (1) sign per each machine required to be licensed under the provisions of this section shall be conspicuously posted so as to be viewable and legible while playing or using the machine. Except as provided in subsection 4-1.5 hereof, the sign(s) shall clearly state, where appropriate:
"NO PERSON UNDER THE AGE OF 14 YEARS SHALL PLAY
OR USE THIS MACHINE UNDER PENALTY OF LAW
UNLESS ACCOMPANIED BY AN ADULT."
"Borough of Bogota
Chapter 4-1.13"
(Chapter IV, subsection 4-1.13)
c. 
In the interest of uniformity, all such signs required by this section shall be supplied by the borough. The initial sign shall be supplied to the licensee without additional charge. Thereafter, replacement signs shall cost the applicants five ($5.00) dollars per sign.
[Ord. 11/9/44, S13; Ord. #1080, SII]
No licensee or other person shall offer any prize, free games or other reward to any person playing any machine required to be licensed by the provisions of this section, nor shall any licensee permit the machines to be used for any gambling purposes whatsoever.
[Ord. 8/13/53, S1]
It shall be unlawful for any person to use any vacant lot, open space, or temporary structure within the borough for the purpose of engaging in the business of selling, trading or exchanging used motor vehicles or the display of motor vehicles without first obtaining a license therefor from the borough council.
[Ord. 8/13/53, S2]
All licenses shall expire on January 1 each year and there shall be no apportionment of any license fee for any portion of the year.
[Ord. 8/13/53, S3]
The license shall not be assignable or transferable, and shall authorize the licensee to conduct the business on the premises specified only.
[Ord. 8/13/53, S4]
Every applicant for such license shall file with the borough clerk a written application signed by the applicant, which application shall set forth, under oath, the following information:
a. 
The name and residence of the applicant, and if a firm or corporation, the names and addresses of all the officers and directors and registered agent authorized to accept service of process, or the names and addresses of all the partners.
b. 
The nature of the business to be conducted in detail.
c. 
The location of the proposed licensed premises giving the street address, block and lot numbers as shown on the Bogota assessment map and the dimensions of the land upon which the business is to be conducted.
d. 
Whether any of the applicants, officers, directors or partners have been convicted of a crime, and if so, date, court, nature of offense and disposition thereof.
Upon receipt of such application accompanied by the license fee, same shall be referred to the chief of the police department and the chief of the fire department for their respective recommendations as to possible police and fire hazards. The borough clerk, upon receipt of the recommendations of the chief of the police department and chief of the fire department, shall refer same to the borough council.
[Ord. 8/13/53, S5]
All licenses issued hereunder shall be authorized by resolution of the borough council. The borough council in considering the application shall take into consideration the nature and development of the surrounding property, the proximity of churches, schools, public buildings or other places of public gathering, the effect such business may have upon traffic conditions in the borough, and the creation of traffic hazards, the sufficiency in number of such other businesses of the same character in the borough, the health, safety and general welfare of the public and the suitability of the applicant to establish, maintain, and operate such business and to receive a license therefor. All licenses granted by the borough council shall be issued by the borough clerk. In the event any application is refused or denied the borough clerk shall forthwith return the fee to the applicant.
Editor's Note: Former subsection 4-2.6, Annual License Fee (used car sales) previously codified herein and containing portions of Ordinance 8/13/53, was repealed in its entirety by Ordinance No. 1317.
[Ord. 8/13/53, S7]
In all cases where the applicant is not the owner of the site of the proposed location where the business is to be conducted, the owner's consent in writing shall first be endorsed upon the application.
[Ord. 8/13/53, S8]
In all subsequent renewals thereof, it shall suffice merely to certify under oath by the applicant, all substantial and material changes, if any, as set forth in the original application provided application for renewal is made prior to expiration of current license.
[Ord. 8/13/53, S9]
All licenses issued pursuant to and in conformity with this section may be suspended or revoked by the borough council for cause after notice to the applicant.
[Ord. 8/13/53, S10]
Within ten (10) days after a license is granted the licensee shall enclose the area covered by such license by a fire proof fence not less than eighteen (18) inches in height without openings, except where the street curb has been lowered in accordance with the ordinances of the borough.
[Ord. 8/13/53, S11]
Any person violating any of the provisions of this section shall be liable to the penalty stated in Chapter III, Section 3-1. Each day that automobiles are kept in any lot, open space or temporary structure, for the purpose of engaging in the business of selling, trading or exchanging new or used motor vehicles without a license shall constitute a separate offense.
[Ord. 10/13/38, S1]
The purpose of this section is to impose a license fee, for revenue purposes, upon junk yards or junk shops, as hereinafter defined, and no person shall engage in the business of operating or maintaining a junk yard or junk shop in the borough without first securing a license to do so.
[Ord. 10/13/38, S2; New]
As used in this section:
a. 
Junk yard or junk shop shall mean any premises or yards set aside for the purpose of storing, purchasing, selling, preparing or removing "junk", which term, as herein used, shall include old or used, dismantled or partially dismantled automobile, scrap-iron, borings, old iron, old brass, old copper, old lead or other old metal, old or used glass or glassware, used or second hand building materials, or any used material, debris or refuse of similar character.
The above definition shall not be construed to include old or used automobiles or other motor vehicles intended to be used or exchanged as completely assembled motor driven vehicles.
Editor's Note: Former subsection 4-3.3, License Fees (Junkyards), previously codified herein and containing portions of Ordinance 10/13/38, was repealed in its entirety by Ordinance No. 1317.
[Ord. 9/11/75, S1; New]
As used in this section:
a. 
Laundry shall mean any establishment where articles of clothing, household linens, bedding, drapes or other cloth articles are to be washed with soap and water or dried.
b. 
Launderette shall mean any establishment open to the general public where articles of clothing, household linens, bedding, drapes or other cloth articles are to be washed with soap and water or dried.
[Ord. 9/11/75, S2; Ord. 9/11/75, S2.1-2.5; Ord. #1317, S1]
It shall be unlawful for any person to maintain or conduct a laundry, launderette or related installation where articles of clothing, household linens, bedding and drapes are washed or dried, in or on any building or premises in the borough, except as provided in this section, unless they are licensed, maintained and conducted in accordance with the provisions of this section.
Every person operating or conducting any laundry, launderette or related installation where articles of clothing, household linens, bedding and drapes are washed or dried, in or on any premises in the borough, except installations in buildings erected solely and exclusively for residential purposes, for the sole use of tenants thereof, shall procure a license therefor from the borough clerk.
a. 
Application. Applications for licenses required by subsection 4-4.2 and annual renewals thereof shall be made on forms to be provided by the borough clerk and filed by the applicant with the borough clerk. The license fee shall accompany each application for a license or renewal thereof.
b. 
Approval of certain borough departments required. The approval of the department of health, fire department and building department shall be a condition precedent to the issuance of each license required by subsection 4-4.2 and each annual renewal thereof.
c. 
(Reserved)
d. 
Term of license. All licenses issued pursuant to subsection 4-4.2 or renewals thereof shall expire on December 31 of each year.
e. 
Revocation of licenses. The health officer may suspend or revoke any license issued pursuant to subsection 4-4.2 for a violation of any of the provisions of this section or of any regulation or order of the health officer made in accordance with and to carry out the provisions of this section, after the licensee shall have been given notice of the violation and an opportunity to show cause before the health officer why the license should not be suspended or revoked.
[Ord. 9/11/75, S3]
All places and spaces used for laundries, launderettes or related installations shall be sufficiently and properly covered with nonabsorbent paint or cement or other impervious material. There shall be available an adequate supply of water for flushing and cleaning purposes. Any room building or washing or laundering facility used in the operation of laundries or launderettes shall be equipped, installed and maintained in accordance with the plumbing code and the fire prevention code of the borough. Each establishment shall provide a rest room with toilet facilities for customer use.
[Ord. 9/11/75, S4]
No household washing, garments, bed clothes or articles received for laundering, washing or drying shall be accepted by or in any laundry, launderette or related installation by its agents or employees from persons or occupants of any premises under quarantine for any contagious disease. Any laundry, launderette or related installation which maintains a store or counter where articles for laundering are received directly from customers shall prominently display a sign (to be supplied by the operator) at each such store or at such counter reading as follows: "By authority of the Borough of Bogota, it is unlawful for any person or persons to make delivery to a public laundry, launderette or related installation of any articles from a person or premises under quarantine for a contagious disease." Where the above sign is properly displayed, any laundry, launderette or related installation, or the person operating the same or his agents or employees, shall not be liable under subsection 4-4.1 for receiving laundry from a household quarantined for a contagious disease so long as he is not informed by the deliverer or similarly informed by other reputable persons that the goods have come from a quarantined person or household.
All collectors, route men, employees, agents, agencies of processors, receivers or articles to be processed and all other persons shall comply with the requirements of this section.
[Ord. 9/11/75, S5]
Machines used for laundering, washing or drying shall be kept clean at all times.
[Ord. 9/11/75, S6; Ord. 9/11/75, S6.1, 6.2]
White cottons and linens shall be washed in such a manner that at least one operation in the washing process shall have a temperature of not less than one hundred forty (140) degrees Fahrenheit. Dyed fabrics or those containing silk, wool or rayon shall be washed in such a manner that at least one operation shall have a temperature of not less than one hundred (100) degrees Fahrenheit.
a. 
Washing requirements — use of soap or detergents. Soap or a detergent of equal germicidal properties shall be used in one or more operations of all washing formulas.
b. 
Washing requirements — machines not to disturb neighborhood. No machinery used in any laundry, launderette or related installation shall be operated in such a manner so as to create any noises or vibrations to the detriment of the families of premises in the surrounding neighborhood.
[Ord. 9/11/75, S7]
Exhaust pipes carrying devices for hot water shall be connected to a condensation tank, then drained with a proper carry off.
[Ord. 9/11/75, S8]
Processing in any laundry, launderette or related installation shall commence not earlier than 7:00 a.m. and shall not continue after 10:00 p.m.
[Ord. 9/11/75, S9]
The room in which any laundering, washing or drying facilities are located shall be adequately ventilated and shall have a sufficient amount of natural or artificial light, as shall be required by the health officer.
[Ord. 9/11/75, S10]
It shall be unlawful for any person to maintain, operate or conduct a laundry, launderette or related installation in the borough unless the same shall be under the continual direct supervision of a competent attendant. The attendant shall be not less than eighteen (18) years of age and shall be present in the laundry, launderette or related installation at all times while the same is open to the general public.
[Ord. 9/11/75, S11]
The premises where the business of a laundry, launderette or related installation is conducted shall at all times be maintained in a clean and orderly manner and condition, free from dust, dirt, rubbish, waste material and any other unsanitary or unsightly substance.
[Ord. 9/11/75, S12]
No laundry, launderette or related installation shall be conducted in any building devoted exclusively to residential occupation or in any residential portion of a building, except where there may be established in any such building one or more washing or laundry facilities which shall be used solely by and for the convenience and service of the residents of the residential building, and the washing and laundering facilities shall be constructed and operated in accordance with the regulations and conditions set forth in an under the provisions of this ordinance. No license shall be required for the operation of the washing and laundering facilities in any residential building or portion thereof. This limitation does not apply to store units in buildings occupied in part for residential purposes.
[Ord. 9/11/75, S13]
All premises used as provided for in this section shall be maintained in conformity with all laws of the State. This section and other ordinances of the borough regulatory thereof.
[Ord. 9/11/75, S14]
The health department shall be responsible for the enforcement of the sanitary, health and plumbing provisions of this section, and shall have the power to promulgate such rules and regulations as may be necessary to effectuate the same.
[Ord. 9/11/75, S15]
Any person who shall violate any of the provisions of this section shall upon conviction be liable to the penalty in Chapter III, section 3-1.
[Ord. 9/11/75, S1]
As used in this section:
a. 
Coin-operated dry cleaning shall mean the cleaning of textiles, fabrics, garments or other articles by the use of any solvent other than water in a dry cleaning unit designed to be used by the general public. For the purposes of this paragraph, the term "used by the general public" shall be deemed to refer to the insertion of such textiles, fabrics, garments or other articles into a dry cleaning unit or the removal of the same from such unit by a person or persons other than an owner, operator or employee of the dry cleaning establishment.
b. 
Solvent shall mean the cleaning fluid used in the dry cleaning unit.
[Ord. 9/11/75, S2]
No coin-operated dry cleaning machines are to be permitted. Attendant operated dry cleaning machines are permitted provided they are maintained and conducted in accordance with the provisions of this section.
[Ord. 9/11/75, S3]
The borough department entrusted with the enforcement of this section shall be the health department.
[Ord. 9/11/75, S4]
No licensing fee shall be required for attendant-operated dry cleaning and pressing establishments.
[Ord. 9/11/75, S5; Ord. 9/11/75, S5.1-5.5]
It shall be unlawful for any person to operate any dry cleaning establishment in the borough without first obtaining a permit.
a. 
Application. Application for a permit required by this section shall be filed with the borough clerk. Such application shall state the name and address of the owner or person who will operate the dry cleaning establishment; the name, address and authorized officer of the person engaged to install the equipment; the names of maintenance personnel and their telephone numbers (the borough clerk shall be notified of changes in the names and telephone numbers of maintenance personnel); the exact location of the premises; the size thereof and the number of dry cleaning machines, with make and model numbers, which are to be installed. The application shall have the consent of the owner of the premises attached thereto.
b. 
Plans to accompany application. When application for a permit to operate a dry cleaning establishment is made, such application shall be accompanied by four (4) sets of plans and specifications showing building outline, all equipment to be used and installation details thereof.
c. 
Compliance of premises with other regulations, prerequisite to issuance. No permit required by this section shall be issued unless the premises comply with the fire, health, plumbing and zoning regulations of the borough.
d. 
Expiration date. Each permit issued pursuant to this section shall expire on December 31 of each year.
e. 
Suspension and revocation. Any permit granted under this section may be suspended or revoked at any time by the borough council upon conviction of the holder thereof of a violation of any provision of this section.
[Ord. 9/11/75, S6]
The solvent used in dry cleaning units shall be the cleaning fluid specified by the equipment manufacturer and shall be free of additives to mask the odor. It shall be classified as nonflammable at ordinary temperatures and shall not be more toxic than perchlorethylene.
[Ord. 9/11/75, S7]
The enclosure for dry cleaning machines shall not be interconnected with that of heating devices which require air for combustion, such as gas dryers, water heaters and boiler heating plants. This heating equipment shall obtain air for combustion from the outside atmosphere.
[Ord. 9/11/75, S8]
All portions of dry cleaning establishments shall be adequately ventilated.
[Ord. 9/11/75, S9]
The premises of each dry cleaning establishment shall be provided with sufficient natural or artificial light.
[Ord. 9/11/75, S10]
All plumbing work in dry cleaning establishments shall conform to the provisions of the borough plumbing code.
[Ord. 9/11/75, S11]
All electrical installations in dry cleaning establishments shall conform to the requirements of the National Electrical Code and shall always be kept in a good condition and state of repair.
[Ord. 9/11/75, S12]
The walls of a dry cleaning establishment shall be covered with nonabsorbent paint, cement or other impervious material. The floor covering in the customer area shall be made of a material resistant to the solvents used in the machines.
[Ord. 9/11/75, S13]
Dry cleaning machines shall be operated only by a competent attendant in charge. The attendant shall be not less than eighteen (18) years of age.
[Ord. 9/11/75, S14]
No person other than attendant in charge shall use spotting equipment containing flammable material in a dry cleaning establishment.
[Ord. 9/11/75, S15]
All dry cleaning machines shall be fitted with a device which will prevent the opening of the door of any such machine while such machine is in operation and until all solvent vapors have been removed from any textile, fabric, garment or other article being cleaned and from the drum in which the same shall be placed.
[Ord. 9/11/75, S16]
No dry cleaning machine shall be used unless directly in front of and behind any such machine where there are quick opening valves and pipes to a buried drain tank outside the building of sufficient size to accept all solvent contained in all dry cleaning machines in the establishment. The quick opening valves and pipes shall be arranged so as to cause solvent to drain into such tank by means of gravity flow. The machines shall be installed on a concrete base, around the edge of which there shall be a four (4) inch dike, making a reservoir to contain any liquids that may leak out of the machines. This reservoir shall drain directly to pipes leading into the buried drain tank above referred to.
[Ord. 9/11/75, S17]
In every dry cleaning establishment, solvent storage tanks, vapor-proof power box or boxes and other sources of danger shall be so situated as to be inaccessible to the general public.
[Ord. 9/11/75, S18]
All dry cleaning establishments shall have two (2) exits which shall be at least twenty-five (25) feet apart from each other and shall lead directly into the street or to an area outside of the building leading to the street.
[Ord. 9/11/75, S19]
Filter residue and other residues from dry cleaning establishments containing solvent shall be disposed of so as not to create a health hazard or nuisance. A locked covered metal container shall be used for temporary storage in a covered shed of noncombustible construction outside the building.
A respirator, approved by the United States Bureau of Mines as affording protection against organic solvent vapors, shall be provided for and used by maintenance personnel during the correction of leakages, cleaning of the system, removal of lint and muck bags and at all times when the odor of the solvent is noticeable.
[Ord. 9/11/75, S20]
All exhaust from dry cleaning establishments shall be under positive pressure. The terminal of any exhaust shall be at least ten (10) feet from any window or ventilating window if such ventilating window or ventilating opening lies on the same plane as the exhaust terminal. When the ventilating window or other ventilating window openings lie on a plane which faces in the direction of the exhaust terminal, such terminal shall be at least ten (10) feet away from the same. All direct equipment exhausts or vents shall be provided with mesh lint arrestors which shall be kept clean unless lint traps are provided on the dry cleaning unit. Any exhaust fans used shall have a rated capacity of four hundred (400) cubic feet per minute per machine for normal use and one thousand (1,000) cubic feet per minute per machine for emergency use. The rated capacities of the exhaust fans shall appear on the equipment or its nameplate.
[Ord. 9/11/75, S21]
Each drying cleaning establishment shall provide a rest room with toilet facilities for customer use.
[Ord. 9/11/75, S22]
No dry cleaning establishment shall permit the placing of articles to be cleaned in any machine before 7:00 a.m. or after 10:00 p.m.
[Ord. 9/11/75, S23]
Each dry cleaning establishment shall contain indoor signs prominently displayed warning the customers of excessive solvent inhalation and skin irritation from the unevaporated dry cleaning solvent. A step-by-step readily legible instruction list for operation of the machines shall be posted in a conspicuous location near the machine in the customer area. These instructions shall include a list of items not to be dry cleaned in dry cleaning machines, such as those made partly or completely of plastic, rubber, leather, paper, fur, angora or urethane.
[Ord. 9/11/75, S24]
The entire premises of a dry cleaning establishment and all machines used therein shall be kept in a clean and sanitary condition. The floor shall be kept clean and dry.
[Ord. 9/11/75, S25]
Each dry cleaning machine shall be inspected each day it is in operation and kept in good repair by maintenance personnel. A record shall be kept in the maintenance area of all inspections and repairs made.
[Ord. 9/11/75, S26]
The customer area of every dry cleaning establishment shall be equipped with a fire extinguisher approved for use against electrical or oil fires by the National Board of Fire Underwriters.
[Ord. 9/11/75, S27]
All installations of dry cleaning units shall meet the requirements of all State and borough regulations.
[Ord. 9/11/75, S28]
Any person who shall violate any of the provisions of this section shall upon conviction be liable to the penalty in Chapter III, section 3-1.
[Ord. 7/20/36, S1]
As used in this section:
CLASS A, PEDDLER
Shall mean a person who goes from place to place, by traveling on the streets, or from house to house and carries with him goods, wares or merchandise for the purpose of selling and delivering them to consumers.
CLASS B, SOLICITOR
Shall mean a person who goes from house to house and offers to sell or sells goods, wares, or merchandise at retail, by sample or takes orders for future delivery, with or without accepting payment in advance therefore.
CLASS C, CANVASSER
Shall mean a person who goes from house to house requesting or taking orders for the repair, reconditioning, cleaning or dyeing of any goods, wares or chattels or for the repair, alteration or reconditioning of real estate.
The foregoing paragraphs, Class A, B and C, shall each constitute a business classification and a separate license shall be issued for each class, under the terms hereinafter set forth.
[Ord. 7/20/36, S2]
The purpose of this section is to prevent unfair competition and dishonest business practices by the regulation of Class A, B and C and, in addition thereto, to impose a license fee for revenue purposes upon Class A.
[Ord. 7/20/36, S3]
No person shall hereafter carry on or conduct or engage in the calling, occupation or business of a peddler, solicitor, or canvasser, without first obtaining a license and having paid the license fee hereinafter prescribed.
[Ord. 7/20/36, S4]
The requirements of this section shall not be held to include the following persons, who are expressly exempt from its application:
a. 
Any person honorably discharged from the military, naval or marine forces of the United States.
b. 
Any person who is an exempt member of a volunteer fire department, as defined by New Jersey Public Laws 1911 Chapter 133.
[Ord. 7/20/36, S5]
Any person desiring any of the licenses herein provided for shall first obtain an application blank therefore, from the chief of police of the borough. The blank shall contain the following information:
a. 
The name and signature of the applicant.
b. 
Permanent home residence.
c. 
Age, height, weight, color, place of birth and whether married or single.
d. 
Name and address of firm represented.
e. 
Three (3) business references.
f. 
The place or places of residence of the applicant for the preceding three (3) years.
g. 
The length of time for which the license is desired.
h. 
A description of the activity or business in which the applicant desires to engage.
i. 
The number, either of arrests or convictions for misdemeanors or crimes, and the nature of the offenses for which arrested or convicted.
j. 
There must be appended to the application, a letter from the firm for which the applicant purports to work, authorizing the applicant to act as its representative or agent.
k. 
Proper space shall be provided on the blank for the fingerprints and photograph of the applicant for identification purposes.
All statements made by the applicant shall be under oath.
[Ord. 7/20/36, S6; Ord. No. 1318, S1]
The police chief shall review all applications to verify the information provided, within a reasonable time after the submission of an application, and shall issue a license upon verification of the information provided and receipt of the application fee. The application form and all fees paid shall remain with and shall be for the use of the borough.
Editor's Note: Former subsection 4-6.7, Issuance of License, previously codified herein and containing portions of Ordinance 7/20/36, was repealed in its entirety by Ordinance No. 1318. See subsection 4-6.6 for provisions for issuance of licenses.
[Ord. 7/20/36, S8]
No license granted hereunder shall be transferable without the joint consent of the chief of police and the borough clerk, and no license shall apply to any other person than the one named therein.
[Ord. 7/20/36, S9]
All licenses shall be issued on forms, drawn in accordance with this section. They shall be printed in card form, and shall be consecutively numbered. The licenses shall contain suitable blank spaces for name, signature, photograph, address and description of licensee; the name and address of the licensee's employer, date of issuance of license, date of expiration of same, the class of license granted, the amount of the fee paid therefor, and the signature of the borough clerk, who issued the same.
There shall be kept in the office of the borough clerk the necessary books for recording the time, which the application for license is received, showing the class, whether new or renewal, name of licensee, regular number of blank form, when the application was approved by the chief of police, the amount of the fee received therefor, and the date when the license was issued by the borough clerk.
The borough clerk shall file a monthly report, with the borough council, showing the number of licenses granted by classes, and the amounts of fees received therefor. The monthly reports shall be cumulative during the course of the year so that each report summarized the action of all preceding months of the current year.
[Ord. 7/20/36, S10]
Every person holding a license under this section shall be required to carry the license with him while engaged in the business for which it was granted. He must produce the license at the request of any police officer or official of the Borough of Bogota.
[Ord. 7/20/36, S11]
Any license granted under the provisions of this ordinance may be revoked by the mayor and council, after hearing, for the violation of any of the provisions of this or any municipal ordinance, State or Federal Statute or for falsification on the application for the license.
[Ord. 10/22/70, S12]
Peddlers license fees shall be as follows:
One ($1.00) dollar per day.
Ten ($10.00) dollars per month.
Twenty-five ($25.00) dollars for six (6) months; and
Fifty ($50.00) dollars per year.
Solicitors and canvassers license fees shall be twenty-five ($25.00) dollars per year or part thereof.
Licenses of all classes shall terminate on December 31 of the year in which it is issued.
[Ord. 9/18/30, S1]
No person shall establish, conduct, operate or maintain or cause to be established, conducted, operated or maintained any theatre, dance hall, public pool or billiard room or table, bowling alley, miniature golf course (indoor or outdoor) or swimming pool without a permit granted by the borough council.
[Ord. 9/18/30, S2]
No permit shall be granted until after a written application therefor shall have been filed with the borough clerk, setting forth the nature of the permit sought and the location where such amusement is to be conducted or operated, together with such additional information as the borough clerk may require to be set forth in the application. Each application shall be accompanied by the license fee hereinafter set forth.
[Ord. 9/18/30, S3]
Upon approval of the application by the borough council, or by a committee thereof designated for the purpose, the borough clerk shall issue a permit which shall expire one (1) year from the date of issue.
Editor's Note: Former subsection 4-7.4, License Fee, previously codified herein and containing portions of Ordinance 9-18-30 and Ordinance Nos. 897 and 1097, was repealed in its entirety by Ordinance No. 1317.
[Ord. 9/18/30, S5]
No permit or license shall be transferable, and every permit or license shall be revocable by the chief of police on twenty-four (24) hours notice, subject to an appeal to the borough council from such revocation. Such appeal shall be heard at the next meeting of the borough council, and the decision of the council shall be final.
[Ord. 9/18/30, S7]
Every person who commits, takes part in or assists in any violation of this section, or who maintains or controls any building in which or premises on which such violation shall exist or be conducted, shall upon conviction be subject to the penalty stated in Chapter III, section 3-1.
[Ord. 5/25/39]
No person shall, for any price, gain or reward, exhibit or cause to be exhibited in the borough on public lands or private property, any traveling show or other show, carnival or menagerie or cause to be given any exhibitions of whatsoever nature, or cause to maintain or conduct any outside show, carnival, menagerie or other performance and that the mayor and borough council are hereby prohibited from issuing any permit for any such show, carnival or menagerie; provided however, that the foregoing provisions of this subsection shall not apply to a bazaar, musicale, concert, theatrical performance, minstrel show or other entertainment to be held indoors for charitable, benevolent or patriotic purposes under the direct supervision of the members of the organization sponsoring the same.
[Ord. #836, S1]
The purpose of this section is to provide standards and regulations for various types of burglar, fire, smoke, and other emergency alarm devices within the municipality, other than those installed in banks, and savings and loan associations required to have alarm devices by other governmental agencies.
[Ord. #836, S2]
This section shall apply to any person who operates, maintains, or owns any burglar, fire, smoke or other warning device designated to summon the police department, fire department or other municipal agencies to any location n response to the alarm.
[Ord. #836, S3]
As used in this section:
a. 
Dial alarm shall mean that type of device using a telephone system to transmit an alarm directly to the Bogota Police Department and/or the Bogota Fire Department.
b. 
Local alarm shall mean that type of device which when activated procedures a visual and/or noise signal that can be heard or seen beyond the property line of the premises where it is installed and is not transmitted in any manner to the Bogota Police Department and/or the Bogota Fire Department.
c. 
Direct alarm shall mean the type of device which when activated signals the Bogota Police Department and/or the Bogota Fire Department directly by use of an electronic or radio signal.
d. 
False alarm shall mean any alarm activated by inadvertence, negligence, malfunction of the alarm device, or unintentional act of someone other than an intruder in the premises which is protected by the alarm device.
e. 
Person shall mean and shall be deemed to include any natural person, partnership, corporation, association, business, club or organization, other than banks and savings and loan associations required to have alarm devices by other governmental agencies.
[Ord. #836, S4]
a. 
No person shall install or operate within the borough a dial alarm, direct alarm, or local alarm, without a permit and registration of the alarm with the police department.
b. 
Every dial alarm, direct alarm, or local alarm installed or maintained within the borough shall be in a sound operating condition free from defects that may cause a false alarm
c. 
Any person who owns or operates a dial alarm, direct alarm, or local alarm within the borough shall designate a person or persons who can be reached in the case of a malfunction of the alarm in order that the alarm can be temporarily disconnected.
d. 
In the event that a person who owns or operates a dial alarm, direct alarm, or local alarm within the borough shall have his alarm repaired or tested, he shall first notify the police department before such repairs or tests are made and after such repairs and tests are completed in order to avoid a false alarm.
[Ord. #836, S5]
a. 
Any person who owns or operates, or wishes to install a dial alarm, direct alarm, or local alarm within the borough shall first make application for the continuance or installation of such alarm in writing to the police department. Such application shall be made upon forms provided by the police department, which forms shall require the following information:
1. 
The location of the alarm.
2. 
The type of alarm.
3. 
The names, addresses and telephone numbers of persons who can be reached in case of malfunction of the equipment in order that the alarm may be temporarily disconnected.
4. 
Any additional information that may be deemed useful concerning the installation, operation, testing and function of the alarm.
b. 
Upon the completion and filing of the registration, the police department shall issue a permit for the installation and operation of the alarm.
c. 
There shall be no fee charged for registration or permits for the operation or installation of a dial alarm, direct alarm, or local alarm.
[Ord. #836, S6]
a. 
Any person who owns or operates a dial alarm, direct alarm, or local alarm shall be liable for the penalties set forth in subsection 4-8.7 to any false alarm caused by such alarm device.
b. 
In the case of a false alarm, any person having knowledge thereof, shall immediately notify the Bogota police department, and/or the Bogota fire department.
c. 
The police department shall cause an investigation to be made of all false alarms and their causes, maintain a record of each false alarm for each alarm device, and make such records available to the Bogota Municipal Court for the sue of the Court when imposing penalties for violations of this section under the provisions of subsection 4-8.7.
[Ord. #836, S7]
a. 
Any person who owns or operates a dial alarm, direct alarm, or local alarm which causes a false alarm shall receive a warning for the first offense in each calendar year and thereafter shall be liable to pay a penalty of not more than fifteen ($15.00) dollars for the second false alarm in any calendar year; a penalty of not more than twenty-five ($25.00) dollars for the third false alarm in any calendar year; a penalty of not more than fifty ($50.00) dollars for the fourth false alarm in any calendar year; a penalty of not more than seventy-five ($75.00) dollars for the fifth false alarm in any calendar year; and a penalty of not more than one hundred ($100.00) dollars for the sixth and any additional false alarms in any calendar year.
b. 
In the event of a malfunction of an alarm device and no person can be reached within a reasonable time to temporarily disconnect the alarm, the owner or operator of such alarm shall be liable to pay a penalty of not more than twenty-five ($25.00) dollars which shall be in addition to any penalties imposed pursuant to subsection 4-8.7, paragraph a and c.
c. 
Any person who fails to register a dial alarm, direct alarm, or local alarm or fails to obtain a permit therefor, shall be liable to pay a penalty of fifty ($50.00) dollars.
[Ord. #836, S8]
In the event of four (4) or more malfunctions of a dial alarm, direct alarm, or local alarm device which cause four (4) or more false alarms in one (1) calendar year, it shall be presumed that the alarm device is unreliable and the mayor and council may require the owner or operator to remove or disconnect the alarm device. The owner or operator of such alarm device shall have the right to request a hearing at which time he may submit evidence to the mayor and council concerning the reliability of the alarm device.
[Ord. #996, SI]
The following terms when used in this section, shall be construed as follows:
DEBRIS
Shall mean any organic or inorganic substance including grass, grass clippings, branches, twigs, leaves, mulch, foliage, soil, other natural parts of foliage including stumps or trees, products of the earth, including but not limited to any residue from any of the foregoing.
LANDSCAPER
Shall mean any individual person, partnership, firm, association, business or legal entity which undertakes any of the following services as a commercial undertaking, for consideration; mowing of grass or lawns; trimming or cutting of trees, bushes or shrubbery; restoration or installation of lawns, grass foliage, leaves or trees from a given property; any and all services relating to the placing, installation, care or cultivation of lawns, shrubbery, trees, foliage or other plant life.
[Ord. #996, SII]
No individual person, partnership, firm, association, business or legal entity shall conduct a landscaping business within the borough without first having obtained a license from the municipality.
All applications for landscaping licenses shall be in writing on forms furnished by the borough, signed by the applicant or the authorized agent of the applicant and presented to the borough clerk. The application shall state the name of the landscaper, the correct name under which the business is being operated, the residence of the applicant, the names and addresses of residents of the borough for whom landscaping services are being provided, and such other pertinent in-formation as may be necessary for an investigation of the applicant.
All applications for licenses received by the clerk shall, after appropriate investigation, be presented by the clerk to the mayor and council, which shall either grant or refuse the application. Thereafter, if the application is approved, the council shall order the borough clerk to issue the license upon payment of the license fee as hereinafter provided. All licenses issued shall expire on December 31 of each year.
Editor's Note: Former subsection 4-9.3, License Fees, previously codified herein and containing portions of Ordinance No. 996, was repealed in its entirety by Ordinance No. 1317.
[Ord. #996, SIV]
a. 
No landscaper shall operate within the confines of the borough without possession of a valid license.
b. 
The removal of debris resulting from landscaping services shall be the responsibility of the landscaper, and no such debris shall be placed at the curbside for collection, swept or deposited into any public and/or private street and/or residence or left on a given property such that same may be caused to be blown into a public and/or private street and/or residence.
[Ord. #996, SV]
Should any landscaper violate the provisions of this section, it shall be issued a summons by the superintendent of public works or the police department and shall be required to appear in municipal court where the court may, in its discretion, dismiss the summons. No court costs shall be assessed by the municipality against the violator for the first offense. The court shall direct that as a condition of any dismissal of the action, the violator shall have not more than forty-eight (48) hours from the date of the court appearance to apply for a license to operate within the borough. Upon a second violation of this section the violator shall be fined the sum of five hundred ($500.00) dollars. In addition, the court may in its discretion, terminate the landscapers right to obtain a license to operate within the borough. Upon a third or subsequent violation of this section, the violator shall be fined the sum of one thousand ($1,000.00) dollars. In addition, the court may in its discretion, terminate the landscaper's right to obtain a license to operate within the borough.
[Ord. #996, SVI]
The police department and the superintendent of public works, and/or their authorized designees shall be charged with the enforcement of the provisions of this section. Additionally, the mayor and council may later appoint other departments and/or borough official(s) as enforcing agents.
[Ord. #996, SVII]
All landscapers currently working within the confines of the Borough of Bogota shall obtain a license pursuant to the provisions of this section, no later than July 15, 1990. The failure of the landscaper to obtain such a license prior to that date shall render such landscaper subject to the penalties imposed herein.
[Ord. #1029, S1; Ord. #1317, S1]
a. 
Notwithstanding the prohibition in subsection 4-7.7 of the Revised General Ordinances, a nonprofit corporation, association, or organization located in the borough may apply for a license to conduct a circus that is open to the public, provided that the net proceeds of the circus are used by the corporation, association or organization for its nonprofit purposes. The license may be granted by the mayor and council based upon the criteria established in this section.
b. 
No license will be valid for more than one (1) day, and the circus shall be open to the public only for the day specified in the license.
[Ord. #1029, S1]
No license shall be granted for any circus unless the applicant provides the following:
a. 
A certificate of insurance naming the Borough of Bogota as an additional insured. The sponsor is required to provide coverage in the amount of at least one million ($1,000,000.00) dollars for bodily injury and property damage, or such other amount as recommended by the borough's risk management consultant. The contractor or operator of the circus is required to provide coverage of at least five million ($5,000,000.00) dollars for bodily injury and property damage, or such other amount as recommended by the borough's risk management consultant. If any other individual or entity is involved in the circus, certificates of insurance are required as provided herein.
b. 
Proof that the contractor or operator of the circus has complied with N.J.S.A. 34:15-71 of the Employer's Liability Insurance Law, if the circus is to be conducted out of doors or under tents, and not in a theater or other building licensed for shows to the public by the borough. The applicant must present a copy of a policy showing that sufficient workmen's liability or employer's liability insurance exists for all employees of the circus.
c. 
The applicant and its contractor must execute an agreement to hold the borough harmless for all claims for damages of any kind by any employee or patron of the circus, or any other party. The sponsor and the contractor will also agree to pay the borough's attorney's fees and court costs incurred in any litigation arising out of the circus.
[Ord. #1029, S1]
The borough clerk shall refer to the recreation commission all applications proposing to use the borough parks set forth in section 13-4 of this code. The commission shall report to the mayor and the council on the availability of the park requested on the dates proposed in the application.
[Ord. #1029, S1]
Each application seeking to use private property for the location of a circus shall contain the written consent of the site where the circus is proposed to be conducted.
[Ord. #1029, S1]
a. 
The borough clerk shall refer a completed application to the chief of police.
b. 
The chief of police shall make or cause to be made an investigation of the facts stated in the application and an inspection of the premises in or on which the circus is to be located. The chief shall provide the clerk with a written report. The report shall state the chief's recommendation for approval or disapproval, with the reasons therefor.
c. 
Upon receipt of and police report, the mayor and council may either approve or disapprove the issuance of the license, and may impose any reasonable conditions as the circumstances require.
d. 
No license shall be approved by the mayor and council if it appears that:
1. 
The applicant or its contractor is not of good moral character.
2. 
The premises in or on which the circus is to be located will constitute a hazard or nuisance to the safety of the public.
3. 
The applicant or its contractor is not qualified to conduct or operate a circus.
4. 
The applicant proposes to hold the circus at a borough park, and the park is not available as requested.
5. 
The applicant has not obtained the owner's permission as required by subsection 4-10.4.
[Ord. #1029, S1]
Each applicant for license shall deposit with the borough clerk, at the time of filing the application, a certified check or cash bond in the amount of one thousand ($1,000.00) dollars to guarantee that the licensed premises shall be broom-cleaned within forty-eight (48) hours after the conclusion of the circus. The borough clerk shall return the funds to the applicant after the areas have been broom-cleaned. If the area has not been broom-cleaned to the satisfaction of the superintendent of the department of public works, the bond shall be forfeited to the extent necessary to pay for the borough's cleanup costs.
[Ord. #1029, S1]
It shall be the duty of the owners, operators or occupant of the circus to provide adequate police supervision, adequate supervision of traffic control, and to meet the requirements for those purposes of the mayor and council of the Borough of Bogota.
[Ord. #1029, S1]
a. 
Any license issued under this chapter may be revoked by the mayor and council after due notice and hearing for any of the following grounds:
1. 
False statement in the application for the license.
2. 
Disorderly or immoral conduct in or on the place or premises covered by the license.
3. 
The premises covered by the license constitutes a hazard to the health, safety or morals of the public.
4. 
Violation of the provisions of any applicable State law or ordinance of the borough.
5. 
Any cause that would be grounds for a denial of the license in the first instance.
b. 
In case of emergency and pending the aforesaid hearing, the chief of police or the health officer shall have the power and authority to suspend the permit and close the operation of the circus covered by the license.
[Ord. #1029, S1]
Any license issued under this chapter may be renewed upon the same terms and conditions and upon payment of the same fee as is provided for herein with respect to the original license.
[Ord. #1029, S1]
It shall be unlawful to operate or permit the operation of a circus between the hours of 11:00 p.m. and 9:00 a.m. of any day of any week, unless the mayor and council specify otherwise in the resolution approving the license.
[Ord. #1029, S1]
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment or community service for a term not exceeding ninety (90) days, or both.
[Ord. #1077, SI]
No person shall establish, conduct, operate, maintain or cause to be established, conducted, operated or maintained any sidewalk sale as permitted by the provisions of the zoning ordinance without a permit granted by the borough council.
[Ord. #1077, SI; Ord. #1317, S1]
No permit shall be granted until a written application therefor shall have been filed with the borough clerk, setting forth the nature of the sidewalk sale to be conducted, location of such sidewalk sale, the dates and times of the sale together with such additional information as the borough clerk may require to be set forth in the application.
[Ord. #1077, SI]
Within three (3) working days the application shall be forwarded to the chief of police for his review. The chief shall review the application from a traffic and safety point of view and shall forward his comments to the clerk within five (5) days of receipt of the application.
[Ord. #1077, SI]
Upon approval of the application by the borough council or by a committee thereof designated for the purpose of reviewing same, the borough clerk shall issue a permit.
[Ord. #1077, SI]
Permits issued pursuant to this section shall be for the period as specified in the permit application form.
[Ord. #1077, SI]
Any person who violates any of the provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment or community service for a term not exceeding ninety (90) days.
[Ord. #1095, S1; Ord. #1384]
a. 
As used in this section, the following terms shall have the meanings indicated:
1. 
Administrative fee shall mean a per-tow fee to cover borough administrative costs. Total amount collected by each licensee shall be remitted to borough clerk monthly.
2. 
Automobile shall mean a motor vehicle of a private passenger or station wagon type that is owned or leased and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body, or delivery sedan, a van, a sport utility vehicle (SUV), or a panel truck or a camper type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the owner(s).
3. 
Basic towing service shall mean the removal and transportation of an automobile from a highway, street or other public or private road, or a parking area, or from a storage facility, and other services normally incident thereto, but does not include recovery of an automobile from a position beyond the right-of-way or berm, or from being impaled upon any other object within the right-of-way or berm.
4. 
Commercial vehicle shall mean a motor vehicle of any type used in the conduct of any business of professional conveyance, or used as a public or livery means, for the paid conveyance of passengers.
5. 
Inside buildings shall mean a vehicle storage facility that is completely indoors, having one or more openings in the walls, for storage and removal of vehicles and that is secured by a locking device on each opening.
6. 
Motor vehicle crash shall mean an occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the owner or operator of the motor vehicle even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the owner or operator of the motor vehicle.
7. 
Outside secured shall mean an automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six (6) feet high. The facility is to be lighted at night.
8. 
Outside unsecured shall mean an automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier, and all other storage facilities not defined above as inside building or outside secured.
9. 
Storage charges for twenty-four (24) hour period shall mean the maximum allowable amount to be charged by a storage facility for a twenty-four (24) hour period or fraction thereof. A new twenty-four (24) hour period begins at 12:01 a.m.
10. 
Tow vehicle shall mean only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of motor vehicles.
11. 
Tow vehicle's base of service shall mean the towing operator's principal place of business where the tow vehicle is stationed when not in use.
[Ord. #1095, S2; Ord. #1193, SS1, 2; Ord. #1384]
a. 
The borough council shall appoint persons or companies meeting the criteria set forth in this section and engaged in the business of offering the services of a motor vehicle towing or wrecker service, whereby damaged or disabled motor vehicles are towed or otherwise removed from the place where they are damaged or disabled, by use of a tow vehicle, as defined in this chapter. Such persons or companies shall be known as "official towers."
b. 
Official towers shall be identified by means of a license that shall be issued in accordance with the provisions of this section.
c. 
Not less than seventy-five (75) days prior to the beginning of each three (3)-year term of official towers' license, the borough shall advertise for applications for towing licenses for providing towing services pursuant to this section. The advertisement shall be published in the official borough newspaper.
d. 
All applicants shall submit their applications at least sixty (60) days prior to the commencement date for each three (3)-year period and the applications shall be reviewed in accordance with the procedures set forth in this section. The award of a license to the successful applicants shall be subject to compliance with the license requirements of the section. Applications received after the date set forth in this subsection shall be considered and reviewed in accordance with this section.
e. 
If an application for a license is approved as set forth herein, the borough clerk shall issue a license that shall be in force and effect until December 31 of the last year of the three (3) year term of issuance, which period shall be clearly stated upon the face of the license. If an application is approved during the then current three (3) year term, the license shall be in effect for the remainder of the three (3) year term in effect.
f. 
Notwithstanding the provisions of this section that provide for a three (3) year term of the license, official towers shall submit no later than December 1st of each year that the towing license is in effect, a detailed certification certifying that the official tower meets the requirements of this section in regard to the issuance of licenses. The certification shall be submitted to the chief of police for his review and approval. Failure to submit the certification or failure to continue to abide by the requirements of this section in regard to the issuance of a towing license shall subject the official tower to revocation of the license in accordance with the procedures contained herein.
[Ord. #1095, S3; Ord. #1384]
a. 
Official towers shall furnish adequate and proper wrecking, towing, storage and emergency repair services to motor vehicles damaged or disabled within the limits of the borough, when requested to do so by the chief of police or his authorized designee. The official tower must be available on a twenty-four-hour-a-day basis, seven (7) days a week, as scheduled by the borough.
b. 
No official tower shall subcontract any work to be performed pursuant to this section without having first obtained prior written approval from the chief of police. Any official tower to whom approval to subcontract work has been given shall be responsible for the services performed by the subcontractor and shall remain liable for any violation of this section by the subcontractor.
c. 
A maximum response time of fifteen (15) minutes will be expected from each official tower called by the Police Department. If the first called official tower fails to respond within the expected response time, the next listed official tower will be called. Failure to respond within the stated response time will be considered a violation of the license, and repeated violations will result in suspension of the official tower license.
d. 
Official towers are and remain responsible for coverage for all periods for which they are scheduled. Should the scheduled official tower require another tower to cover a portion of the assigned schedule, (i) the substitution must be approved in advance by the chief of police or his designee and (ii) the covering tower must be another official tower. Unauthorized arrangements for coverage may result in the removal of the official tower and/or the alternate official tower from the official tower list.
e. 
Substitution of towers under the immediately preceding paragraph d is limited to ten (10) per calendar year. Should alternate coverage in excess of ten (10) be required, the requesting official tower will be removed from the borough's official tower list.
f. 
Official towers are limited to no more than three (3) missed tows during a calendar year. A missed tow in excess of this number will constitute a ground for removal from the official tower list for the remainder of the calendar year or such other period determined in the sole discretion of the borough.
g. 
The official tower shall be responsible for removing all solid and sweepable debris resulting from a motor vehicle crash.
h. 
When requested by the police department, the official tower shall be responsible for the preservation of evidence.
i. 
The official tower shall comply with all State and Federal laws and regulations concerning wages, hours and terms of employment.
j. 
The official tower will be required to establish and display to the public procedures for notification of vehicle owners regarding storage fees and removal of vehicles from storage.
k. 
Remit administrative fees to the borough clerk monthly.
[Ord. #1095, S4; Ord. #1384]
a. 
Applications for inclusion on the official towers' list shall be made to the borough council upon a form prepared by the chief of police and approved by the borough attorney and shall contain all of the following information:
1. 
The name, residence and business address, and telephone number of the owner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than ten (10%) percent of the issued stock.
2. 
Such information as may be required by the mayor and council concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance.
3. 
A certificate or certificates of insurance evidencing adequate insurance coverage as hereinafter provided.
4. 
The names and addresses of two (2) business references who have known the applicant for at least two (2) years.
5. 
Certification that the applicant will be able to provide towing services anywhere in the borough with a maximum response time of fifteen (15) minutes, except when extraordinary circumstances occur.
6. 
Certification that the applicant will be available for service on business premises twenty-four (24) hours a day and that they will abide by the fees contained in or referred to in this section.
7. 
Consent to certification that will consent to appointment of the borough clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.
8. 
A site plan showing the location of the storage area, the number of cars that can be stored and the total square footage area of the storage area.
9. 
Agreement to abide by the general rules and regulations established by the chief of police in connection with towing procedures within the borough.
b. 
The applicant shall submit completed duplicate applications to the borough clerk, who shall forward a copy to the chief of police for his review and approval. The review by the chief of police shall consist of the following:
1. 
A background check to determine if either the applicant or the applicant's personnel have been convicted of a criminal offense or have had their driver's licenses suspended or revoked within the past year. Conviction of a criminal offense or suspension of driver's license within the past year shall be a cause for disqualification from inclusion on the official towers' list.
2. 
An inspection of the personnel, vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with applicable laws and regulations and the standards of performance required by this chapter.
c. 
An applicant may be included on the official towers list by the borough council, by resolution adopted at a regular public meeting, when, from a consideration of the application and from such other information as may otherwise be obtained, they find that all of the following circumstances exist:
1. 
The applicant has not knowingly and with intent to deceive, made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this section.
2. 
The applicant has met the standards in this chapter and has furnished the required hold harmless agreement and certificate(s) of insurance.
3. 
The application has been reviewed and approved by the chief of police.
4. 
Neither the applicant nor the applicant's personnel have been convicted of a criminal offense or had their driver's license suspended within the past year.
d. 
The chief of police shall conduct his review and render a report to the borough council, recommending either approval or denial of the application, within twenty-one (21) days of receipt of the application from the borough clerk. The borough council shall take action with regard to the application within fourteen (14) days of receipt of the report of the chief of police. The applicant, or its representative, shall be given notice of the date on which the borough council will consider the application and shall be permitted to appear and be heard at that time.
e. 
Written notice of the approval or denial of the application shall be provided to the applicant within seven (7) days of the decision of the borough council.
f. 
If the borough council fails to take action within sixty (60) days of receipt of a complete application, the application shall be deemed to have been denied.
[Ord. #1095, S5; Ord. #1384]
a. 
Upon approval of the application as herein provided and payment of the required fees, the borough clerk shall issue the applicant an official towers license for each tow vehicle or flat bed vehicle to be utilized in providing services pursuant to this section.
b. 
The licenses, which shall be in a form approved by the borough council, shall be displayed in the rear window of the tow vehicle or flat bed vehicle at all times.
c. 
The licenses shall be valid for the three (3)-year period as set forth in the section, shall be nontransferable and shall be subject to revocation by the borough council for any of the following reasons:
1. 
If it is subsequently determined that the applicant knowingly and with intent to deceive, made false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this section.
2. 
Violation of any Federal or State law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.
3. 
Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.
4. 
Unsatisfactory service provided pursuant to this section.
5. 
Failure to annually certify- compliance with the requirements of this section as required by subsection 4-12.2f.
d. 
The fee for the license issued under this section, as well as the annual review of certification and inspection of vehicles and equipment shall be five hundred ($500.00) dollars per year.
e. 
Licenses shall not be transferable from one vehicle to another without the consent of the chief of police. Consent may be granted at the sole discretion of the chief, if the licensee demonstrates that the transferee vehicle complies with all of the requirements of this section.
[Ord. #1095, S6; Ord. #1384]
To qualify for inclusion on the list of official towers, applicants must meet the following minimum standards:
a. 
Minimum vehicle requirements.
1. 
Every official tower shall maintain and have available to render services required by this section a minimum of one (1) regular tow vehicle, one (1) flat bed vehicle and one (1) heavy-duty wrecker.
2. 
Vehicle classes.
(a) 
Regular tow vehicles must be equipped with a boom or winch assembly mounted on the chassis, a dolly assembly, a tow sling or wheel lift assembly at least one hundred (100) feet of either three-eighths (3/8) inch or seven-sixteenths (7/16) inch cable attached to a motor driven winch.
(b) 
Flat bed vehicles must be equipped with a winch or hydraulically operated bed which slides or tilts to accommodate transporting of vehicles.
3. 
Every official tower shall have available a heavy duty wrecker and under reach shall be rated at thirty-five thousand (35,000) pounds and shall be capable of towing new style buses and trucks with fiberglass front ends.
4. 
All equipment shall comply with all State and Federal regulations and all vehicle operators shall possess a C.D.L. license for over twenty-six thousand (26,000) pounds.
5. 
Each applicant shall submit, along with its application, proof of ownership or lease of the vehicles which will be utilized to provide services pursuant to this section.
b. 
Minimum equipment requirements.
1. 
Every tow vehicle or flat bed vehicle shall be equipped with the following:
(a) 
At least one (1) amber rotating beacon or strobe light mounted on the highest practical location of the vehicles, visible from three hundred sixty (360) degrees when in use and visible at a minimum distance of five hundred (500) feet during daylight hours.
(b) 
One (1) snatch block per winch.
(c) 
Safety tow lights or magnetic tow lights for towing vehicles at night, amber colored.
(d) 
Extra chains and cable for pulling or securing a towed vehicle.
(e) 
At least one (1) heavy-duty broom, a shovel, a crowbar or pry bar, a set of jumper cables, a flashlight, one (1) two (2)-pound or larger fire extinguisher of dry chemical type, one (1) dozen flares or similar warning devices for placement at the scene of a motor vehicle crash or behind a disabled vehicle, at least ten (10) pounds of dry sand or a drying compound for gasoline and oil spilled onto the roadway and a sufficient quantity and types of tools to enable the tow operator to perform proper and adequate emergency repair services for the tow.
2. 
Every tow vehicle or flat bed vehicle shall comply with any and all State, Federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the chief of police or his designee at any time. No changes may be made in said vehicles or equipment unless prior written approval is obtained from the borough.
3. 
Every tow vehicle or flat bed vehicle shall display the official towers license and shall have name of the official tower displayed on the vehicle in such manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
c. 
Minimum personnel requirements.
1. 
Official towers shall have available, at all times, a minimum of two (2) persons to provide the services required by this section. All persons employed by official towers to provide the services required by this section shall meet the following requirements and be subject to the following regulations. They shall:
(a) 
Be competent mechanics able to provide minimum road service for disabled vehicles.
(b) 
Have a valid driver's license having no restrictions or conditional endorsements other than a condition requiring the wearing of eyeglasses.
(c) 
Be mentally alert and present a neat appearance at all times.
(d) 
Obey all traffic laws and regulations.
(e) 
Be subject to inspection by the chief of police of the borough and shall be approved by the chief prior to rendering any services pursuant to this section.
(f) 
Not have been convicted of a crime nor had their driving privileges suspended or revoked within the past year.
d. 
Minimum storage requirements.
1. 
Every official tower shall maintain an inside building or outside secured storage area meeting the following requirements:
(a) 
The storage area shall be capable of storing a minimum of ten (10) passenger vehicles and one (1) tractor and trailer. The area shall have at least eight hundred (800) square feet of inside storage facilities to hold and protect "police hold" vehicles.
(b) 
The location of the storage area shall be either within the limits of the borough or at such location outside of the borough as to facilitate reasonable towing distances.
(c) 
The storage area shall be fully enclosed by a sturdy fence having a minimum height of six (6) feet, with at least one (1) lockable gate for ingress and egress and shall be lighted from dusk to dawn.
(d) 
The storage area shall be in an area legally zoned for such use.
(e) 
The storage facility shall be available twenty-four (24) hours a day, three hundred sixty-five (365) days per year and shall be open to the public on weekdays during normal business hours and for four (4) hours on Saturdays. The applicant shall specify the hours on which the facility will be open on Saturdays. The applicant is not required to be open on Sundays.
(f) 
The official tower shall have an employee on duty during all hours in which the storage facility is open.
(g) 
The official tower shall not charge a release fee or other charge for releasing vehicles to their owners after normal business hours or on weekends.
(h) 
The official tower shall have available an area to store vehicles involved in suspected crimes or criminal activities as directed by the chief of police.
2. 
The applicant shall, with its application, submit proof of ownership or lease of the storage area.
3. 
The official tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this section. The official tower shall be liable for any damage incurred by such vehicles while in transit to or while stored in the storage areas.
[Ord. #1095, S7; Ord. #1384]
a. 
Official towers shall be placed on the official towers' list at the beginning of each three (3)-year period in accordance with the procedures as set forth in this section. The official towers shall rotate on the list for one (1) week at a time or for such a period as designated by the chief of police in accordance with his rule-making authority under this section. Unless otherwise changed by the chief of police under his rule-making authority, the one (1) week rotation shall commence at 12:00 a.m. Sunday and terminate at 11:59 p.m. the following Saturday.
b. 
The borough shall request wrecking, towing and storage services from each official tower in rotation. When called, the tower shall advise the dispatcher if a vehicle is available and the estimated time of arrival. If no tow vehicle is available or if, in the discretion of the borough official making the request, the response time is insufficient under the circumstances to properly protect the public health, safety or welfare, the next official tower on the list shall be called for that particular towing event. The official tower who is at the top of the list, however, shall remain on the top of the list for any subsequent calls until that tower's one (1) week period at the top of the list is finished.
c. 
All requests for service shall be made by the chief of police or his official designee.
d. 
The borough shall request service only from official towers provided, however, that if no emergency or road hazard exists, the borough shall request such service from such other person as the owner of the motor vehicle in need of such services may request; and provided further that, if none of the official towers are available or able to provide such services as are requested by the borough, or if an emergency exists, the borough may request such services from any other available source.
e. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers shall give priority to requests from the borough over any other requests which may be received by the official towers.
[Ord. #1095, S8; Ord. #1384]
Applicant shall agree in writing to assume the defense of and indemnify and hold harmless the borough, its elected officials, boards, commissions, officers, employees and agents, from all suits, actions, damages or claims to which the borough may be subjected of any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the provisions of towing, wrecking, storage and/or emergency services provided at the request of the borough pursuant to this section. Official towers shall enter into a hold harmless agreement in a form to be prepared by the borough attorney prior to being included on the official towers list.
[Ord. #1095, S9; Ord. #1384]
a. 
No person shall be included on the official towers list unless and until such person has provided to the borough a certificate or certificates of insurance evidencing that there is in effect the following insurance coverages:
1. 
Automobile liability insurance in an amount not less than one million ($1,000,000.00) dollars combined single limits.
2. 
Workers' compensation as required by law.
3. 
Garage keepers liability in an amount not less than one hundred thousand ($100,000.00) dollars on a direct primary basis.
4. 
Garage liability in an amount not less than one million ($1,000,000.00) dollars combined single limit.
5. 
Sufficient comprehensive general public liability insurance to protect the borough from any liability, loss or damage arising out of the activities to be conducted. Such insurance shall be in the minimum amount of one million ($1,000,000.00) dollars for each person, and three million ($3,000,000.00) dollars for each accident.
b. 
Policies of insurance shall contain endorsements to provide collision coverage for vehicles in tow.
c. 
Policies of insurance shall be written by insurance companies authorized to do business in the State of New Jersey. Insurance companies shall be acceptable to the borough and shall have at least a B+ rating by a recognized rating service.
d. 
The Borough of Bogota shall be named as an additional insured on all policies of insurance provided pursuant to this section. All certificates of insurance shall provide that the policies may not be cancelled, terminated or coverage decreased without thirty (30) days written notice to the borough.
e. 
Policies of insurance required by this section shall be maintained in full force and effect at all times. In the event any coverage is cancelled, terminated, interrupted or decreased in amount, the tower shall be removed from the official towers list until such time as the required coverage is reinstated or replaced.
[Ord. #1095, S10; Ord. #1193, S3; Ord. #1384; amended 9-5-2019 by Ord. No. 1530]
a. 
The fees charged for the towing and storage of passenger vehicles (including sport utility vehicles) damaged in a crash, disabled on the roadway or recovered after being stolen shall not exceed the following:
1. 
Fee schedule for towing services, including flatbed and dolly services, from the Borough to the tower's yard. No mileage fees will be charged except as noted.
Passenger Vehicles
Fees for Towing
Basic tow
Cars
$125 per hour, plus parts
Trucks
$175 per hour, plus parts
Towing for Friday parking violations
All vehicles
$125 for towing and storage (up to 6 hours)
Each additional mile outside Borough (if towed to location other than storage yard)
$6
Administrative fee per tow
$50 (only after 3rd visit)
2. 
The following is the fee schedule for storage services. Vehicles will be stored outside unless inside storage is requested by police or the owner.
Type
Fee
Cars
Inside building
$45 per day
Outside secured
$45 per day
After-hours release
$75
3. 
The fees set forth above are the maximum charges that shall apply to a private passenger automobile for basic towing services. There shall be no additional charges other than those provided herein, including, but not limited to, flatbedding, waiting time, winching, cleanup cost, and additional labor, when only basic towing services as defined are provided. The official towers, however, shall be allowed to charge for services other than basic towing services as defined in Subsection d below.
4. 
In the event that the maximum fees allowable are limited by any law passed by the State of New Jersey, this chapter shall be amended accordingly.
b. 
The fees set forth in this chapter shall apply equally to both private property towing services and nonconsensual towing services, as defined by state law. No fees shall be charged for either private property towing services or nonconsensual towing services that are not set forth in this chapter, nor shall any charges exceed the amounts set forth herein.
c. 
Fees for all other types of vehicles, other than private passenger vehicles pursuant to Subsections a and b of this section, shall be determined in accordance with this subsection.
1. 
The following is the fee schedule for towing services for other than private passenger vehicles. No mileage fees will be charged except as noted:
Type
Fee
Light Duty
Medium Duty
Heavy Duty
Up to 10,000 lbs.
10,001 to 18,000 lbs.
18,001 lbs. or more
Standard tow
$150
$225 per hour
$400 per hour
Each additional mile outside Borough (if towed to location other than storage yard)
$6
N/A
N/A
Administrative fee per tow
$75 (only after 3rd visit to vehicle)
Decoupling fee (if tow is not performed)
$45
$45
$45
2. 
The following is the fee schedule for storage services:
Type
Fee
Single Axle
Tractor-Trailer
Storage facility
Inside building
$90 per day
$125 per day
Outside building
$90 per day
$125 per day
Type
Fee
Trailer combos
$125 per unit per day
Buses
$150 per day
Roll-off
$125 per day each
Cargo/accident debris/load storage/vehicle components 10 x 20 space
$45 per space used per day
Rental of any tow company supplied trailer post incident
$500 per day
After-hours release
$75
3. 
The fees set forth for nonpassenger vehicles in this section are the maximum charges that shall apply for basic towing services. The official towers, however, shall be allowed to charge for winching and wrecking services over and above the basic towing services as set forth in Subsection d below.
d. 
Official towers shall be allowed to charge for services other than basic towing services as follows:
Type
Fee
Emergency road service (if a tow results, there will be no charge for road service except for the fuel supplied)
Cars
$100 per hour plus parts
Trucks
$125 per hour plus parts
Winching (beyond right-of-way)
$75 (vehicle did not roll over)
Off-road recovery/up-righting overturned vehicle
$150 per hour
Off-road recovery, medium duty/6,000 to 16,000 lbs.
$350 per hour
Off-road recovery, heavy duty/over 16,000 lbs.
$550 per hour
Crane service
$1,200 per hour
Crash wrap
Cars
$50
Trucks
$150
Clean-up fees - clean excessive debris, Speedy dry
$75 per hour, plus materials (1 hour minimum)
Extra personnel
$100 per hour per man
Additional tow vehicles required
$350 per hour
Notification documentation fee
$50
Fuel/haz-mat/cargo spills clean-up and disposal
Time and materials
Hazmat and trash recovery
Surcharged 10%
Subcontractor mark-up
10%
Recovery supervisor and/or Level III recovery specialist
$225 per hour
Tractor with landoll trailer or detach trailer
$450 per hour
Tractor/transport hauler only
$250 per hour
Refrigerated trailer w/tractor
$450 per hour
Box trailer w/tractor
$400 per hour
Air cushion unit
$1,000 per hour
Light tower
$250 per hour
Pallet jacks
$200 Flat Rate
Rollers
$200 Flat Rate
Any other specialized equipment
$250 per hour
Loader/backhoe/telescopic handler/bulldozer/bobcat
$300 per hour each
e. 
Tow vehicles transporting multiple passenger cars at one time shall receive the applicable fees for each vehicle transported.
f. 
The fees set forth on the schedule for storage fees are the maximum storage charges per twenty-four-hour period that shall apply to a private passenger automobile that is stored by a person.
g. 
Additional storage shall not accrue if the vehicle has been released by the Bogota Police Department but the official tower is not available to release it. In that case, the impound charge will not accrue if the vehicle owner is on site at the storage facility and can perform all acts necessary to retrieve the vehicle by 10:00 a.m. of the next business day.
h. 
All official towers shall be obligated to tow and to make minor roadside service repairs to vehicles owned by the Borough of Bogota in the event that they become disabled, without charge to the Borough if towed within the County of Bergen.
[Ord. #1095, S11; Ord. #1384]
a. 
Copies of this section and the schedule of fees that may be charged by official towers shall be made available to the public during normal business hours at the borough municipal building. Copies shall also be made available to the public at each official tower's place of business.
b. 
All official towers shall post, in a prominent place at each storage area clearly visible to the public, a schedule of the fees that may be charged for all services provided pursuant to this section.
c. 
The borough reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all official towers.
d. 
The relationship between an official tower and the borough is one of an independent contractor. Neither party shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the official towers list shall not be construed or considered as a joint venture, partnership, association, contract of employment or profit sharing agreement.
e. 
The municipality shall not be liable or responsible for compensating the official towers for any of the services performed under this section unless those services are performed for the borough vehicles. Compensation shall be the responsibility of the owner of the towed motor vehicle and the official tower shall proceed directly against the owner.
f. 
The official tower shall, at all times, be solely responsible for the conduct of its employees.
g. 
Each official tower shall keep and maintain adequate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected. All records shall be available for inspection by the borough at any time during normal business hours. Records shall be kept and maintained by the official tower at one (1) central location and shall be retained for a period of seven (7) years. Records may be written, printed or computerized as long as the requirements of this paragraph are met.
h. 
Each official tower shall provide the Bogota Police Department, free of charge, the year, make, color, registration and vehicle identification number of vehicles unclaimed over thirty (30) days.
[Ord. #1095, S12; Ord. #1384]
a. 
In the event a complaint is received by the borough involving the improper or unsatisfactory performance of services by an official tower, excessive charges or damage to a motor vehicle while in custody of the tower, written notice of same shall be provided by the borough administrator to the official tower involved. The tower shall have the opportunity to respond, in writing, within five (5) days.
b. 
Within fourteen (14) days of receipt of the tower's response, or within twenty-one (21) days of receipt of the complaint, if no response is received, the matter shall be presented by the borough administrator to the borough council.
c. 
The borough council shall consider the matter at a regular public meeting and may request that the complainant and the tower involved appear and give testimony regarding the complaint.
d. 
If, after considering the matter, the borough council shall determine that one of the causes for revocation of the official towers license, as set forth in subsection 4-12.5c exists, the license shall be revoked and the tower shall surrender same to the borough administrator within one (1) day.
e. 
Failure to surrender the license upon revocation shall constitute a violation of this section.
f. 
Nothing contained herein shall prevent or limit the right of any person to commence or maintain an action for damages or any other relief directly against an official tower in a court of competent jurisdiction.
[Ord. #1095, S13; Ord. #1384]
a. 
Any person who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine not to exceed one thousand ($1,000.00) dollars and each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
b. 
In addition to the fine provided above, a violation of any of the provisions of this section shall be cause for revocation of the official towers license.
[Ord. #1120, S1]
No license required by Chapter IV of the Revised General Ordinances or any other ordinance of the Borough of Bogota, whether enacted before or after the effective date hereof, shall be issued to any person, persons, corporation, or any other business entity, unless the applicant has submitted with the application sufficient proof that there are no delinquent local real property taxes outstanding upon the land and/or premises upon which the licensed business, business property, or business activity is to be conducted or located.
[Ord. #1120, S1]
If the local real property taxes remain unpaid for nine (9) months on a premises as to which a license has been issued for a licensed business, business property, or business activity pursuant to Chapter IV of the Revised General Ordinances, or any other ordinance of the Borough of Bogota whether enacted before or after the effective date hereof, then the license may be revoked by the mayor and council after due notice and a hearing.
[Ord. #1120, S1]
This section does not apply to the issuance or renewal of alcoholic beverage licenses that are governed by Title 33 of the New Jersey Statutes.
[Ord. #1205, S1]
For the purpose of this section, the following words shall have the meanings respectively ascribed in this section.
EATING ESTABLISHMENT
Shall mean any restaurant, cafe, cafeteria, or place of business where food and/or other refreshments are served for on site consumption.
OUTDOOR CAFE
Shall mean any eating establishment where food and other refreshments are served upon the public right-of-way, namely the sidewalks immediately in front or along the side or rear of the eating establishment, or at any other location on the premises of an eating establishment outside of the interior portion of the building occupied by the eating establishment.
SIDEWALK
Shall mean the area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the building housing a proposed or existing outdoor cafe.
[Ord. #1205, S1]
It shall be unlawful for any person, firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to as "person") to create, establish, operate, maintain, or otherwise be engaged in the business of conducting an outdoor cafe in the Borough of Bogota unless such person shall hold a currently valid license issued pursuant to the terms of this section.
[Ord. #1205, S1]
No license shall be issued hereunder unless the licensee meets the following conditions:
a. 
The licensee must operate an eating establishment in the borough's B-1 or B-2 zones. The licensee must have existing approved indoor seating and the total combined indoor and outdoor seating shall not exceed the maximum number of indoor seating allowed by state and local regulation.
b. 
The licensee shall demonstrate that a minimum of four (4) feet of unobstructed paved surface will be available for pedestrian traffic around or through such outdoor cafe and that such outdoor cafe be contiguous to an eating establishment as hereinabove defined.
c. 
The hours of operation for outdoor cafes shall not extend after 12:00 midnight on Thursdays, Fridays, and Saturdays, and not after 10:00 p.m. on Sundays, Mondays, Tuesdays, and Wednesdays.
d. 
All furniture, umbrellas, barriers, and other property used in the outdoor cafe shall be safe, sturdy, structurally sound, and aesthetically pleasing.
e. 
Outdoor seating may not displace parking spaces required by building and zoning regulations.
f. 
No food or drinks served at an outdoor cafe shall be prepared or stored other than in the interior of the eating establishment.
g. 
The licensee shall demonstrate adequate controls to prevent vermin entrance into the interior of the food establishment, such as air curtains and pass through windows.
h. 
Tables and chairs must be removed from the public sidewalks when the establishment is not open for business.
[Ord. #1205, S1; Ord. #1317, S1]
Application for the license required hereunder shall be filed with the borough clerk and shall be signed by the applicant. The application shall contain the following information:
a. 
The name, residence address and telephone number of each individual, owner, partner, or if a domestic corporation, the names, residence addresses, and telephone numbers of the directors and officers owning a ten (10%) percent or greater interest in the corporation and the chief operating executive of the corporation and if a nondomestic corporation, the name, residence address, and telephone number of the managing officer for service of process within the State of New Jersey and a copy of the qualification of said nondomestic corporation to conduct business in the State of New Jersey.
b. 
A copy of the trade, corporate, business or fictitious name upon which the applicant intends to do business pursuant to this section.
c. 
The address and description of each place where the applicant intends to establish or operate an outdoor cafe.
d. 
The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.
e. 
Three (3) sets of a proposed layout plan containing scaled drawings clearly illustrating the number, type of material, color, and location of all tables, chairs, umbrellas, or other furnishings, or fixtures intended to be located in the outdoor cafe. The perimeter of the outdoor cafe may, if appropriate, be defined and set off by a portable type enclosure, which may include live plantings. The enclosure shall define the perimeter of the area to be used as an outdoor cafe and shall separate it from the pedestrians traversing the adjacent sidewalk. The enclosure shall not contain doors or windows nor air conditioning or heating equipment and shall be open at all times to the air from a height of not more than three (3) feet. Awnings or outdoor umbrellas extending over the enclosure are permitted, subject to approval by the mayor and council.
The scaled drawings shall also illustrate the following:
1. 
The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.
2. 
The number of feet and location of unobstructed space permitting free passage of pedestrian traffic around or through each outdoor cafe.
3. 
The location of the place where any food or drink is intended to be prepared.
4. 
An illustration of the enclosure or protective barrier separating the eating and serving area of each outdoor cafe from pedestrian traffic.
5. 
The location of all fire hydrants, parking meters, utility poles, benches, handicap ramps, street furniture, trees, and any other fixtures permanently located on the sidewalk in front of the eating establishment or within ten (10) feet thereof on either or any side.
6. 
The type and location of any proposed outdoor lighting and fixtures.
[Ord. #1205, S1]
a. 
Upon the filing of a complete application, the borough clerk shall submit same for review by the health officer and chief of police, who shall complete their review within fourteen (14) days and submit any objections in writing to the borough clerk.
b. 
The mayor and council may approve any license if the application is complete and conforms to the requirements of this section.
c. 
Licenses shall expire annually on March 1.
[Ord. #1205, S1]
a. 
The license granted pursuant to this section is personal to the applicant and any change or transfer of ownership of the outdoor cafe shall terminate the license and shall require a new application and a new license in conformance with all of the requirements of this section.
b. 
Acceptance of the license by the applicant shall operate as a consent to the health, fire, police, and building officials of the borough to inspect the outdoor cafe for continued compliance with the terms and conditions of this section.
c. 
No license required by this section shall be granted to any person to operate an outdoor cafe until such person shall have filed with the borough clerk a statement agreeing to indemnify and hold harmless the Borough of Bogota, its agents, servants, representatives, or employees from any or all claims, damages, judgment costs, or expenses including attorneys' fees, which they or any of them may incur or be required to pay because of any personal injury, including death or property damage, suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the license is issued.
d. 
No license required by this section shall be granted to any person to operate an outdoor cafe until such person shall have first filed with the borough clerk a comprehensive general liability policy issued to such person by a public liability insurance company authorized to do business in the State of New Jersey affording the coverages set forth below in the amounts specified. Such insurance policy shall name the Borough of Bogota, 375 Larch Avenue, Bogota, New Jersey 07603, its agents, officers, servants, representatives, and employees as additional insured with respect to the operation and maintenance of the outdoor cafe in the following amounts:
Bodily injury:
Each person
$300,000.00
Each accident:
$1,000,000.00
Property damage:
Each person
$300,000.00
Each accident
$1,000,000.00
The insurance coverage required by this section shall at all times be maintained for the full amount. The policy of insurance required by this section to be filed with the borough clerk shall contain a clause obligating the company issuing the same to give not less than thirty (30) days written notice to the borough clerk before cancellation or amendments of any of the terms thereof. Notice of cancellation shall not relieve the company issuing such policy of liability for any injury or claim arising before the cancellation becomes effective. The cancellation of any such policy shall have the immediate effect of suspending the license of such person to operate the outdoor cafe covered thereby until a new policy complying with the provisions of this section is filed with the borough clerk and a letter confirming the new effective date of the license is issued by the borough clerk.
e. 
Every insurance policy required hereunder shall contain a provision for continuing liability thereunder to the full amount thereof notwithstanding any recovery thereon, that the liability of the insured shall not be affected by the insolvency or the bankruptcy of the insured, and that until the policy is canceled the insurance company will not be relieved from liability on account of nonpayment of premium or of any act or omission by the named insured. Such policy of insurance shall be further conditioned for the payment of any and all judgments up to the limits of such policy.
f. 
Each licensee is responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter generated by the cafe. Areas must be cleaned at the time that business is closed and at the beginning of each business day, but not later than 9:00 a.m.
g. 
No vending machines of any kind are permitted on the exterior of any building operating an outdoor cafe.
h. 
No signs shall be permitted in the area of the outdoor cafe except signs on the awnings or umbrellas complying with the sign ordinance of the Borough of Bogota.
i. 
If the applicant is the holder of an Alcoholic Beverage Control license pursuant to laws of the State of New Jersey, it shall be the applicant's responsibility to cause the Alcohol Beverage Control license to be amended to include the premises utilized for outdoor cafe purposes in order to serve alcoholic beverages therein.
j. 
Outdoor cafes shall be permitted to operate from April 1st to October 31st in any calendar year. The license, when issued, shall be valid for one (1) season.
k. 
No tables, chairs or other equipment used in the outdoor cafe shall be attached, chained or in any manner affixed to any tree, post, sign, or other fixtures, curb, or sidewalk, within or near the licensed area.
[Ord. #1205, S1]
a. 
Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the borough council, after a hearing held on notice to the licensee, for failure of any licensee to comply with this section or for violation of any other applicable Federal, State, County or municipal law, regulation, or ordinance. Any license issued hereunder is issued upon the express understanding that the licensee obtains no property right thereunder, nor any interest in the continuation of said license.
b. 
It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable license.
c. 
In addition to the powers of suspension or revocation as set forth above, the borough reserves the right to modify, suspend or revoke any license on ten (10) days written notice if the borough determines that pedestrian traffic is, in fact, impeded or made unsafe because of the operation of the outdoor cafe or because of any other safety issue which the borough determines adversely affects the borough because of such operation. The license may also be suspended or revoked, on ten (10) days written notice, if the borough determines that it is necessary to utilize the area or any part thereof for the maintenance or installation of underground utilities. In the event of an emergency, which emergency is certified by the borough, the license may be suspended or revoked without notice.
[Ord. #1205, S1]
a. 
Any person who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine not to exceed one thousand ($1,000.00) dollars and each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
b. 
In addition to the fine provided above, a violation of any of the provisions of this section shall be cause for revocation of the license.
[Ord. #1413]
As used in this section:
COMMERCIAL COMPLEX
Shall mean any configuration of two (2) or more retail and/or service establishments.
RECEPTACLE
Shall mean any container regardless of size or construction that is used for the collection of used clothing.
[Ord. #1413]
a. 
No person, firm, partnership, corporation or charitable organization, institution or association whether for profit or not for profit shall place or cause to be placed and/or maintain any dumpster or other depository to collect clothing for the needy or for any other group of people on any public or private property, including any public sidewalk, street or alley or any private parking lot or walkway or at any other location in the Borough of Bogota without first submitting an application and obtaining a permit. In no event shall a receptacle be placed on residential property or in a residential district.
b. 
The application for a permit to place a receptacle within the Borough of Bogota shall be made in writing to the borough clerk and signed by the applicant. The application shall set forth:
1. 
Name and address of the person, firm, corporation, club or charitable organization, institution or association placing and/or maintaining such clothing depository or dumpster.
2. 
Name and address of the owner of the premises on which the clothing depository or dumpster is to be located and the written consent of the owner if applicant is other than the owner.
3. 
A sketch plat showing the exact location at which the clothing depository or dumpster will be located.
4. 
A description, including dimensions of the proposed clothing depository or dumpster.
5. 
All other requirements set forth in N.J.S.A. 40:48-2.61.
c. 
An annual fee in the amount of twenty-five ($25.00) dollars shall be due on or before January 15 of each year.
[Ord. #1413]
a. 
No more than three (3) receptacles shall be located within any commercial complex.
b. 
Each receptacle shall not exceed five (5) feet in depth, eight (8) feet in width and six (6) feet in height.
c. 
Each receptacle shall have an identifying logo, name or wording for the use or nature of the same and otherwise comply N.J.S.A. 40:48-2.61.
[Ord. #1413]
No receptacle shall be placed so as to create a danger or hazard to any pedestrian or vehicular traffic or in violation of N.J.S.A. 40:48-2.61 or where it will unreasonably restrict parking spaces. The location of the depository or dumpster shall be subject to the approval of the Mayor and Borough Council and the following regulations:
a. 
The receptacle shall be located in such a manner that it will not be necessary to park in a driveway or on an access drive for parking stalls while depositing used clothing.
b. 
The receptacles shall not be placed in any parking spaces, roadways, sidewalks and/or walkways or in any buffer areas and shall be no closer than three (3) feet to any property line.
c. 
The areas adjacent to the containers shall be kept clear of all boxes and debris.
d. 
The receptacles shall be permitted in side and rear yards but not within front yard setbacks.
e. 
The receptacles shall not be located in a parking stall designated to meet the parking requirements of the on-site uses.
[Ord. #1413]
The receptacles shall be maintained in a clean, sanitary condition, painted and in good working order. Each receptacle shall be emptied regularly not less than once each month but as often as possible in order to ensure the receptacle and the area shall be clean.
[Ord. #1413]
Each clothing depository and dumpster and the surrounding area shall be maintained in a neat, clean, and orderly condition and shall be regularly emptied by the licensee. Failure to maintain the clothing depository or dumpster and the surrounding area in a neat, clean and orderly condition shall be cause for revocation of the license granted hereunder.
[Ord. #1413]
This section shall be enforced by the Code Enforcement Officer. All licensed clothing depositories and dumpsters shall be subject to inspection by the Code Enforcement Officer or any other duly authorized representative of the borough.
[Ord. #1413]
Any person, firm, corporation, charitable organization, institution or association violating or failing to comply with any of the provisions of this section shall, upon conviction, be liable to the penalties stated in Chapter I, General Provisions, Section 3-1.1. Each day that a clothing depository or dumpster remains at a location in the borough without a permit shall be considered a separate offense.
In addition to any other penalties or remedies authorized by the laws of this State, any person who violates any provision of N.J.S.A. 40:48-2.60 et seq. which results in seizure of the donation clothing bin shall be:
a. 
Subject to a penalty of up to twenty thousand ($20,000.00) dollars for each violation. The borough may bring this action in the municipal court or Superior Court as a summary proceeding under the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (C. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the chief financial officer of the borough; and
b. 
Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to section 2 of P.L. 2007, c. 209 (C. 40:48-2.61), a person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of P.L. 2007, c. 209 (C. 40:48-2.60 et seq.) may apply to the borough to have that person's eligibility restored. The borough may restore the eligibility of a person who:
1. 
Acts within the public interest; and
2. 
Demonstrates that he made a good faith effort to comply with the provisions of P.L. 2007, c. 209 (C. 40:48-2.60 et seq.) and all other applicable laws and regulations; or had no fraudulent intentions.
[Ord. # 1416]
As used in this section, the following terms shall have the meanings indicated:
DEALER
Shall mean any person, partnership, corporation or other entity, whether permanent or itinerant, who on one or more occasions, through any means, buys or sells secondhand gold, silver, precious metals, gems or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.
ITINERANT BUSINESS
Shall mean any business conducted intermittently within the Borough of Bogota or at varying locations.
MINOR
Shall mean any person under the age of eighteen (18) years.
PERMANENT-BASED BUSINESS
Shall mean any business conducted on a year-round basis and housed in a single structure, such as a store or residence.
[Ord. # 1416]
a. 
Each dealer conducting business within the jurisdiction of the Borough of Bogota shall first register with the chief of police, who shall fingerprint the applicant and institute such an investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public welfare. In the event that the dealer is a business entity other than a sole proprietorship, the officers in a corporation or the partners in a partnership (or limited partnership) shall be deemed to be the applicant(s) who shall be fingerprinted and investigated in accordance with this section. Upon completion of the investigation, the chief of police shall either issue or deny the license based upon the results of his investigation. Upon the issuance of the license, the applicant shall be given a copy of this section 4-16. Upon the issuance of the license, the applicant shall pay to the Borough Clerk the annual fee of two hundred ($200.00) dollars for such license.
b. 
A license issued under the provisions of this section shall not be transferable and shall terminate on December 31 of the year in which said license is issued.
[Ord. # 1416]
In addition to the requirements of N.J.S.A. 2C:21-36 et seq., each dealer shall maintain a complete record of each purchase and sale, including the amount paid, a description of the item and any identifying numbers or engraving. The dealer shall also obtain the name, address, and date of birth, driver's license number and state of issuance for the person from whom the items were purchased, received or sold. This information is to be documented on the secondhand jewelry transaction receipt form by the Borough of Bogota Police Department. These records shall be subject to the inspection of any authorized police officer of the Borough of Bogota. The records required to be maintained shall be kept confidential by the dealer and shall be released only to appropriate law enforcement personnel. The records shall be maintained by the licensee for a period not less than five (5) years.
[Ord. # 1416]
Each dealer doing business in the Borough of Bogota shall deliver on a weekly basis to the chief of police the description of all items purchased, received or sold, from the preceding week, on forms prescribed by the chief of police.
[Ord. # 1416]
No dealer shall sell, melt, change the form of or dispose of any articles purchased or received no less than three (3) days from the date the notification is made to the chief of police, and all such items shall remain on the premises where the purchase was made and made available for at least three (3) days to any authorized police officer requesting such items.
[Ord. # 1416]
Each dealer must require identification of the person with whom it is transacting business and no transaction may be made with any minor, as hereinabove defined, nor with any individual who is in an intoxicated state and/or is under the influence of intoxicating liquor, narcotics or hallucinogenic or habit-producing drugs.
[Ord. # 1416]
Licenses issued under the provisions of this section may be revoked by the chief of police, after a hearing, upon notice to the applicant, for any of the following causes:
a. 
Fraud, misrepresentation or false statement contained in the application for a license.
b. 
Fraud, misrepresentation or false statement made in the course of carrying on the business of purchasing secondhand precious metals, gems and jewelry.
c. 
Any violation of this section.
d. 
Conviction of any crime or disorderly persons' offense involving moral turpitude.
e. 
Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
[Ord. # 1416]
This section shall not be applicable to the following:
a. 
Any person, partnership, corporation or entity which receives secondhand gold, silver, precious metals, gems or jewelry as a gift.
b. 
Any private sale that is conducted by two (2) parties that are not regularly employed as "dealers" as defined herein which shall include but not be limited to: items sold at a garage or tag sale or an individual making a one time sale of their own personal property to another private individual.
c. 
Any person, partnership, corporation or entity engaged in retail, provided the sale of jewelry is not his primary business and further provided that the person, partnership, corporation or entity does not engage in the purchase of used or secondhand jewelry on more than three (3) days in a calendar year.
[Ord. # 1416]
Any person as defined above who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding two thousand ($2,000.00) dollars or by imprisonment for a term not exceeding ninety (90) days, or both, within the discretion of the municipal judge. A separate offense shall be deemed committed in each day during or on which a violation occurs or continues.