[Ord. No. 1248-07-08 § 1; Ord. No. 1446-54-15]
The following findings are made:
a.
The Borough of Little Ferry is a small community, approximately one
and one-half (1 1/2) square miles, predominantly residential.
Transversing the Borough in an east to west direction through the
entire length of the community is State Highway Route 46, which is
a major thoroughfare carrying large amounts of traffic twenty-four
(24) hours a day linking directly to the George Washington Bridge,
Interstate Highways 17, Garden State Parkway and points westward.
b.
The major business areas in the community are located on Route 46;
Main Street, an east to west roadway running parallel to Route 46;
Liberty Street, a north to south roadway intersecting Route 46 and
Main Street; and River Street, a north to south roadway running on
the north side of Route 46 toward Hackensack (hereinafter: business
areas). In addition to businesses located on Route 46, Main Street,
Liberty Street and River Street, many residences, including multifamily
houses and residences located in buildings containing businesses,
are found. Additionally most streets intersecting Route 46, Main Street,
Liberty Street and River Street are predominantly one and two-family
residential homes and/or multi-unit residential dwellings including
but not limited to, garden apartments and condominiums. On all streets
running north and south of Route 46 and Main Street are residential
houses. On all streets running east and west and intersecting Liberty
Street and River Street are residential houses and/or multi-family
dwellings. Thus the "business areas" and "residential areas" of the
community are so close together geographically that there is a substantial
effect on the residential community flowing from the operation of
the businesses in the community.
c.
The overwhelming majority of residents, especially those within the
business areas and their adjacent and contiguous streets, have had
their quality of life significantly diminished as a result of the
unbridled opening of businesses located in the community.
d.
Noise, car alarms, disorderly conduct, drunken behavior, intoxicated
minors, and other complaints and violations have been rampant in the
community directly resulting from the operation of businesses during
the early morning hours.
e.
It is necessary to regulate business hours in order to benefit the
public health, morals, and general welfare and in order to ensure
the residents of the Borough health, peace, and comfort which they
are entitled to in this community. Moreover the regulation of business
hours has become necessary in order to provide protection to the community.
f.
The Governing Body has sought to find other less intrusive methods
of ensuring the public its need for peace and tranquility and balancing
the right of the businesses to operate, but because of the geography
of the Borough, dominantly residential and residences interspersed
within the business area and immediately adjacent thereto, it finds
this section represents the least intrusive method of ensuring the
public health and safety.
g.
It further finds that the operation of gas stations located on State
highways, although near to residential areas, is necessary to serve
the public interest by maintaining the unbridled flow of traffic and
traffic needs on the interstate highway system and to motorists, both
local and traveling.
h.
It further finds that the operation of a "Convenience-Type Store"
(Examples would include but not necessarily be limited to stores such
as 7-11; Wa-Wa, Cumberland Farms, Walsh Farms) is necessary to serve
the public interest by making available to the public the ability
to make certain purchases at all hours of the night.
i.
It further finds that the operation of a "Convenience-Type Store"
open twenty-four (24) hours a day requires additional patrols.
j.
It further finds that the 7-11 at the intersection of Liberty Street
and Main Street is centrally located in town.
k.
It further finds that the intersection of Main Street and Liberty
Street, based upon its location is one block north of the Police station,
one of the most heavily patrolled areas in the Borough and does not,
therefore, require additional patrols to monitor the store during
nighttime hours.
l.
It further finds that the appropriate balance between the public
interest in having access to certain purchases at all hours and the
need to benefit the public health, morals, and general welfare to
the public in order to ensure the residents of the Borough health,
peace, and comfort to which they are entitled in this community is
met by allowing the convenience store currently located at the intersection
of Main Street and Liberty Street to remain open twenty-four (24)
hours even after passage of this section.
m.
It further finds that the public traveling east and west on Route
46 is not necessarily aware there is a 7-11 convenience store open
(24) hours at the intersection of Main Street and Liberty Street and
would not, therefore, receive the benefits of the convenience store
being open (24) hours as intended by this section.
n.
It further finds that the intersection of Woodland Avenue and Route
46 is centrally located on Route 46.
o.
It further finds the traffic on Route 46 should not be adversely
affected by the operation of a (24) hour convenience store on Route
46.
p.
It further finds the appropriate balance between the public interest
both residing in and travelling through the Borough in having access
to certain purchases at all hours and the need to protect the public
health, morals, and general welfare to the public in order to ensure
the residents of the Borough health, peace, and comfort to which they
are entitled in this community is met by allowing one (1) convenience
store currently located at the intersection of Main Street and Liberty
Street to remain open twenty-four (24) hours and (1) convenience store
at the intersection of Woodland Avenue and Route 46 with the storefront
facing Route 46 to remain open twenty-four (24) hours.
q.
It further finds that the operation of businesses, unfettered, has
caused an extreme hardship to residents in regard to the existence
of parking on residential streets. The lack of space located in the
Borough exasperates the ability of residents to find parking within
a reasonable distance of their own home.
[Ord. No. 1248-07-08 § 2]
The enactment of this section is necessary to protect the public
health, safety, and welfare of the community.
[Ord. No. 1248-07-08 § 3]
As used in this section:
Shall mean any business holding a retail plenary consumption
liquor license under the laws of the State of New Jersey whose primary
purpose is the sale of liquor for on-premises consumption and not
as an accessory use. In the event another primary use also holds a
retail plenary consumption license, the primary use shall determine
the time of closing.
Shall mean a building or structure whose primary use is the
sale, preparation and consumption of food within the confines of the
building on the premises. Under the terms of this section, do not
include establishments that primarily serve food prepared off premises
as an accommodation as an accessory use.
[Ord. No. 1248-07-08 §§ Preamble,
4]
Except as set forth below under paragraph a, Business Hours,
and as hereinafter provided, it shall be unlawful to conduct any retail,
wholesale, or any other business with the public upon any premises
used the same between the hours of 12:00 a.m. and 6:00 a.m.
a.
Business Hours. The business hours for the businesses set forth below
shall remain as set forth below and shall not be changed by this section.
The businesses whose hours shall not be affected by this section are
the following:
[Ord. No. 1248-07-08 § 5]
Gas stations on State highways shall be permitted to remain
open twenty-four (24) hours a day. Gas stations not located on State
highways shall be permitted to remain open from 6:00 a.m. to 12:00
a.m., but auto repairs shall cease at 9:00 p.m. Businesses who operate
auto or truck towing services shall be permitted to perform their
emergency towing services for twenty-four (24) hours a day, but all
other ancillary services shall end at 9:00 p.m.
[Ord. No. 1248-07-08 § 6]
Pharmacies and retail food stores shall not conduct business
with the public between the hours of 12:00 a.m. and 6:00 a.m.
[Ord. No. 1248-07-08 § 7]
[Ord. No. 1248-07-08 § 8]
All eating establishments of any type that do not hold a plenary
retail consumption liquor shall not conduct interior, sit-down, or
dining room business between the hours of 12:00 a.m. and 6:00 a.m.
Eating establishments with drive-thru windows shall be able to conduct
drive-thru business only between the hours of 12:00 a.m. and 6:00
a.m.
[Ord. No. 1248-07-08 § 9]
It shall be unlawful to keep open for the public or to admit
the public or to permit the public to remain within any premises in
violation of the above sections.
[Ord. No. 1248-07-08 § 10;
New]
