[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 449, 825, 37-89 and prior 1973 Code §§
53-1–53-8.
[Ord. #4-92, § 1]
For the purpose of this section, the following words as used
herein shall be considered to have the meaning herein ascribed thereto:
Shall mean the activities of a charity seeking to obtain
gifts or contributions of money, clothing or any other valuable thing
for the support or benefit of any charity.
Shall mean persons or organizations recognized or eligible
for recognition as a religious, charitable, educational or scientific
organization under 501(c)(3) or 501(c)(4) of the Internal Revenue
Code and which operates primarily in the Borough of Midland Park and
for the benefit of the Borough and/or its residents.
Shall mean and include any person who has obtained a valid
certificate of registration as hereinafter provided, which certificate
is in the possession of the solicitor on his or her person while engaged
in soliciting.
Shall mean and include every separate living unit occupied
for residential purposes by one or more persons, contained within
any type of building or structure.
Shall mean and include any one (1) or more of the following
activities undertaken by traveling from location to location in the
Borough of Midland Park:
a.
Seeking to obtain orders for the purchase of goods, wares, merchandise,
foodstuffs, services, of any kind, character or description whatever,
for any kind of consideration whatever; or
b.
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or publication; or
c.
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publication; or
d.
Seeking to obtain gifts or contributions of money, clothing or any
other valuable thing for the support or benefit of any charitable
or nonprofit association, organization, corporation, or project.
e.
Requesting information on the background, occupation, economic status,
social status, religious status, political status, attitudes, viewpoints,
occupants of a residence, telephone number, address, furnishings,
or the like of another person for the purpose of compiling such information
as raw data or refined data into a document, record, book, or directory
to be sold, or to be used wholly or in part for a commercial purpose,
provided that the term soliciting shall not apply to the following:
[Ord. #4-92, § 2]
Unless otherwise exempted pursuant to Subsection 4-1.8, every person desiring to engage in soliciting as herein defined from persons in residences within this municipality is hereby required to make written application for a certificate of registration as herein-after provided. Such certificate shall be carried by the solicitor.
[Ord. #4-92, § 3]
a.
Application for a certificate of registration shall be made upon
a form provided by the Borough. The applicant shall truthfully state
in full the following information, under oath:
1.
Name and address of present place of residence and length of residence
at such address; also business address if other than present address;
2.
Address of place of residence during the past three (3) years if
other than present address;
3.
Age of applicant;
4.
Physical description of the applicant, including height, weight,
eye color, hair color, and other distinguishing characteristics;
5.
Name and address of the person, firm or corporation or association
whom the applicant is employed by or represents; and the length of
time of such employment or representation;
6.
Name and address of employer during the past three (3) years if other
than the present employer;
7.
Description sufficient for identification of the subject matter of
the soliciting in which the applicant will engage;
8.
Period of time for which the certificate is applied;
9.
The date, or approximate date, of the latest previous application
for certificate under this section, if any;
10.
Whether a certificate of registration issued to the applicant under
this section has ever been revoked;
11.
Whether the applicant has ever been convicted of a violation of a
felony under the laws of the State or any other State or Federal law
of the United States;
12.
Names of the three (3) most recent communities where the applicant
has solicited;
13.
A description of the solicitor's proposed method of operation;
14.
Signature of applicant;
15.
Social security number of applicant;
16.
A statement to the effect that if a permit is granted, it will not
be used or represented in any way as an endorsement by the Borough
or by any department or officer thereof.
17.
Proof that a charitable applicant has a currently effective registration
with the State of New Jersey as required by law.
b.
Each applicant for a certificate of registration or, in the case
of soliciting on behalf of a group or association, each and every
five (5) persons shall pay to the Borough Clerk a fee in the amount
of seventy-five ($75.00) dollars or fees otherwise provided in the
fee ordinance.
c.
No certificate of registration shall be issued to any person who
has been convicted of the commission of a crime under the laws of
New Jersey or any other State or Federal law of the United States,
within five (5) years of the date of the application; nor to any person
who has been convicted of a violation of any of the provisions of
this section; nor to any person whose certificate of registration
issued hereunder has previously been revoked as herein provided.
d.
The application for registration shall be presented to the Mayor
and Council at its next regularly scheduled meeting. If all provisions
of this section have been satisfied, the Mayor and Council shall issue
the requested certificate of registration. The Borough Clerk shall
keep an accurate record of every application received and acted upon
together with all other information and data pertaining thereto and
all certificates of registration issued under the provisions of this
section, and of the denial of applications. Applications for certificates
shall be numbered in consecutive order as filed, and every certificate
issued, and any renewal thereof, shall be identified with the duplicate
number of the application upon which it was issued.
[Ord. #4-92, § 4]
a.
A certificate of registration shall expire on December 31st of the
year of issuance. The certificate of registration shall state the
expiration date thereof.
b.
Any certificate of registrations issued hereunder shall be revoked
by the Chief of Police if the holder of the certificate is convicted
of a violation of any of the provisions of this section, or has made
a false material statement in the application, or otherwise becomes
disqualified for the issuance of a certificate of registration under
the terms of this section. Immediately upon such revocation, written
notice thereof shall be given by the Chief of Police to the holder
of the certificate in person or by certified United States mail addressed
to his or her residence address set forth in the application.
Immediately upon the giving of such notice the certificate of
registration shall become null and void.
[Ord. #4-92, § 5]
Notice of the determination by the occupant of giving invitation
to solicitors, or the refusal of invitation to solicitors, to any
residence, shall be given in the manner following:
a.
A weatherproof sign not less than three (3") inches by four (4")
inches in size, shall be exhibited upon or near the main entrance
door to the residence, indicating the determination by the occupant,
containing the applicable words, as follows:
"Only Solicitors Registered in Midland Park Invited." or "No
Solicitors Invited."
b.
The letters shall be at least one-third (1/3") inch in height.
c.
Such card so exhibited shall constitute sufficient notice to any
solicitor of the determination by the occupant of the residence of
the information contained thereon.
[Ord. #4-92, § 6]
It shall be the duty of every solicitor upon going onto any
premises in the municipality upon which a residence as herein defined
is located, to:
a.
Examine the notice provided for in this section, if any is attached,
and be governed by the statement contained on any notice.
b.
If the notice states "Only Solicitors Registered in Midland Park
Invited," then the solicitor not possessing a valid certificate of
registration as herein provided shall immediately and peacefully depart
from the premises, and if the notice states "No Solicitors Invited,"
then the solicitor, whether registered or not, shall immediately and
peacefully depart from the premises.
c.
Any solicitor who has gone onto the premises of any residence or
gained entrance to any residence, whether invited or not, shall immediately
and peacefully depart from the premises when requested to do so by
the occupant.
d.
Exhibit his certificate of registration to the occupant.
e.
Request the occupant to read the certificate of registration.
f.
Inform the occupant in clear language of the nature and purpose of
the solicitation and whether the solicitor is representing a governmental
entity or whether he is representing a private person or organization.
[Ord. #4-92, § 7]
The following acts are hereby declared to be unlawful and each
shall constitute a nuisance:
a.
To enter upon any premises and ring the door bell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of Subsection 4-1.6 of this section.
b.
Whether registered under this section or not, to enter upon any premises and ring the door bell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, prior to 9:00 a.m. or after 9:00 p.m. (or political candidates or organizations described in sub-section 4-1.8) and after sundown for all other solicitors of any weekday or Saturday, or at any time on a Sunday or on a State or national holiday.
c.
Falsely represent, directly or by implication, that the information
is being solicited on behalf of a governmental organization.
[Added 6-14-2018 by Ord.
No. 19-18; 10-11-2018 by Ord. No. 24-18]
a.
Any owner or occupant of real property within the Borough of Midland
Park who refuses to be canvassed or solicited pursuant to this chapter
may enroll in the Borough's "No Knock" registry by completing the
application for "No Knock" registry at the Borough Hall Administrative
Offices, such application being incorporated herein by reference.
b.
No person, peddler and/or solicitor, as defined in this chapter,
shall sell, buy or dispose of, or offer to sell, buy or dispose of
any goods, wares, merchandise, other personal property or services
to be rendered in the future, or to take orders for any goods, wares,
merchandise, other personal property or services to be rendered in
the future, or to solicit business from any owner or occupant whose
name and property address is included on the "No Knock" registry list
maintained by the Borough Hall Administrative Offices.
[Ord. #4-92, § 8]
[Ord. #4-92, § 9]
Any person violating any of the provisions of this section shall,
upon conviction thereof, be subject to a fine of not more than one
thousand ($1,000.00) dollars for each offense and shall forfeit the
right to solicit in Midland Park for the longer of one (1) year or
the length of any sentences imposed by a court of competent jurisdiction
for any violation hereof or for a conviction of any offense based
on fact which would constitute a violation hereof.
[Ord. #16-98, § 1]
As used in this section, the following words and terms shall
have the meaning as set further herein, unless the context clearly
indicates otherwise:
Shall mean (a) any person determined by the Federal Internal
Revenue Service to be a tax exempt organization pursuant to Section
501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. Section
501(c)(3); or (2) any person who is, or holds himself out to be, established
for any benevolent, philanthropic, humane, social welfare, public
health, or other eleemosynary purpose, or for the benefit of law enforcement
personnel, firefighters or other persons who protect the public safety,
or any person who in any manner employs a charitable appeal which
has a tendency to suggest there is a charitable purpose to any such
solicitation.
Shall mean the New Jersey Department of Transportation.
Shall mean a public right-of-way, whether open or improved
or not, including all existing factors of improvements.
Shall mean State highway property and property rights, including
easements, owned and controlled by the Department.
Shall mean a road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the Department.
Shall mean the portion of the roadway provided for the movement
of vehicles, exclusive of shoulders and auxiliary lanes.
[Ord. #16-98, § 2]
a.
A charitable organization, as defined in N.J.S.A. 45:17A-20, shall
be authorized to solicit contributions in the roadway of a highway
as set forth in N.J.S.A. 39:4-60, provided however that a charitable
organization shall not solicit on any County highway or intersection
of a County highway within the Borough of Midland Park without the
approval of the Bergen County Board of Chosen Freeholders.
b.
A charitable organization shall not solicit contributions on any
State highway or intersection thereof without the approval of the
Department.
c.
A permit shall be required to be obtained by a charitable organization
from the Mayor and Council in order to solicit contributions in the
roadway or highway.
[Ord. #16-98, § 3]
a.
Solicitation by a charitable organization shall be for a charitable
purpose only.
b.
Each person soliciting charitable contributions on behalf of a charitable
organization shall be at least eighteen (18) years old.
c.
Solicitation shall be subject to specific terms and conditions of
each permit granted.
d.
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of flagmen shall be prohibited.
e.
The charitable organization shall be responsible for cleaning up
any debris from the right-of-way.
f.
Solicitation shall only be permitted during daylight hours.
g.
State, County or local police or the Department may suspend solicitation
operations in the event a condition of the permit is violated or,
if in the police officer's or Department's sole discretion, traffic
is being impeded or delayed or the public safety is at risk.
h.
Persons soliciting contributions for a charitable purpose shall not
drink alcoholic beverages, use drugs or be under the influence thereof
when soliciting.
i.
The Borough shall not be liable in any civil action for damages to
property or personal injury resulting from a motor vehicle accident
arising out of or in the course of solicitations for the purpose of
soliciting contributions conducted by the charitable organization,
as defined in N.J.S.A. 45:17A-20, pursuant to N.J.S.A. 39:4-60.
[Ord. #16-98, § 4]
a.
An applicant shall complete the appropriate application form and
file same with the Borough Clerk. An application shall be accompanied
by the requisite fee as established by Borough ordinance.
b.
An application shall be reviewed and considered by the Mayor and
Council within thirty (30) days of its submission, provided that the
time for such review may be extended by consent of the applicant.
c.
The Mayor and Council shall consult with the Chief of Police regarding
any public safety matters that may be implicated by the application.
d.
A charitable organization shall be permitted only to file one (1)
application to solicit for a charitable purpose in a calendar year.
e.
The application shall be accompanied by any signage proposed to be
utilized by the charitable organization and such signage shall be
a maximum of sixteen (16) square feet and shall be removed upon conclusion
of the solicitation event.
f.
Appropriate warning signs shall be provided consistent with requirements
of N.J.A.C. 16:40-6.1.
[Ord. #682; 1973 Code § 91-1]
As used in this section:
Shall mean any person, partnership or corporation who, through
any means, engages in the business of buying secondhand gold, silver,
precious metals or jewelry, and includes anyone advertising the purchase
or sale of any of the aforementioned items.
Shall mean any person under the age of eighteen (18) years.
[Ord. #682; 1973 Code § 91-2]
Each dealer conducting business within the jurisdiction of the
Borough shall first register with the Chief of Police, who shall investigate
the applicant, and shall obtain a license from the Borough Clerk by
paying a fee.[1]
[Ord. #682; 1973 Code § 91-3; New]
Each dealer shall maintain a complete record of each purchase
and sale, including the amount paid, indicating the name, residence,
occupation, age and description of the person from whom the items
were purchased, received or sold. These records shall be subject to
the inspection of any authorized police officer of the Borough. These
records shall be maintained for seven (7) years.
[Ord. #682; 1973 Code § 91-4]
Each dealer doing business in the Borough shall deliver to the
Chief of Police the description of all items purchased, received or
sold within seventy-two (72) hours of the completion of the transaction,
on forms prescribed by the Chief of Police.
[Ord. #682; 1973 Code § 91-5]
No dealer shall sell, melt, change the form of or dispose of
any articles purchased or received within seven (7) days from the
date the aforesaid report is made to the Chief of Police, and all
such items shall remain on the premises where the articles were purchased
or received for at least seven (7) days.
[Ord. #682; 1973 Code § 91-6]
Each dealer must require identification of the person with whom
it is transacting business, and no transaction may be made with any
minor.
[Ord. #387; 1973 Code § 43-1]
No person or persons, firm or corporation shall engage in the
business of storage of or buying and selling secondhand automobiles
or parts thereof in the Borough without first obtaining a license
to do so.
[Ord. #387; 1973 Code § 43-2]
As used in this section:
Shall mean any person, firm, partnership, corporation or
other business association seeking a license to engage in the business
of storing, dismantling, displaying, buying, selling or otherwise
dealing in secondhand automobiles or other used motor vehicles and
trailers, or parts thereof.
Shall mean any premises wherein and upon which the business
of storing, dismantling, displaying, buying, selling or otherwise
dealing in secondhand automobiles or other used motor vehicles and
trailers, or parts thereof, is conducted.
Shall mean any person, firm, partnership, corporation or
other business association engaged in the business of storing, dismantling,
displaying, buying, selling or otherwise dealing in secondhand automobiles
or other used motor vehicles and trailers, or parts thereof.
[Ord. #387; 1973 Code § 43-3]
The make, model, engine number and serial number of all motor
vehicles received by any person or persons, firm or corporation engaged
in the business of used car lot dealer shall be reported to the Police
Department within twenty-four (24) hours after the receipt thereof
and before the same are dismantled or otherwise disposed of.
[Ord. #387; 1973 Code § 43-4]
It shall not be lawful to stock-pile or place parts of motor
vehicles on any used car lot.
[Ord. #387; 1973 Code § 43-5; Ord. #825, § 5;
Ord. #37-89, § 5]
Every person, firm, partnership or corporation engaged in the
business of used car dealer shall pay a license fee[1] and such license fee shall be valid for one (1) year from
the date of its issuance, provided, however, that no license shall
be valid after December 31, of that year.
[Ord. #387; 1973 Code § 43-6]
a.
All persons, firms or corporations now engaged in or hereafter to
be engaged in the business of used car lot dealer shall make application
to the Borough Clerk. The application shall be in writing and shall
set forth the name of the person or persons, firm or corporation (including
the names of the principals of the firm or corporation) and their
respective home addresses and principal place of business, and shall
describe the premises upon which the business is to be conducted,
giving the street frontage and depth of the premises. Attached to
the application shall be the following:
1.
Plans and specifications showing in detail the location and size
of the property upon which the proposed new used car lot is to be
established; the material with which such proposed new used car lot
is to be paved and the depth of such pavement; the drainage system
to be installed in connection with the proposed new used car lot and
its relation to any sewer system, storm sewer or storm drain: the
location and a complete description of the fence to be erected on
the proposed new used car lot, including the kind of material to be
used in building the same, and the setback distances of the fence
from the curbline of the street or highway upon which such new used
car lot is to front and from the boundary lines of adjacent properties
and the sidewalk of any other street or highway, if any, on which
the new used car lot is located; the location and size of the gateway
in connection with the fenced-in area; the location and size of the
building to be erected on the proposed new used car lot, the type
of materials to be used in its construction, and its drainage and
ventilating system.
2.
A statement of any criminal convictions of the applicant, including
a statement of any indictments, presentments or complaints against
the applicant which did not lead to conviction.
3.
A statement of any judgments against the applicant, including a statement
of any proceeding as to insolvency, receivership or bankruptcy involving
the applicant.
b.
The application shall be accompanied by the license fee and the Borough
Clerk is hereby directed to present the application to the Mayor and
Council of the Borough at its next regular meeting and is hereby authorized
to issue a license after approval by the governing body. Upon the
expiration of a license, the licensee shall apply for renewal on simplified
application forms provided by the Borough Clerk. The renewal license
shall not be issued or valid until approved by the governing body.
Upon change of ownership of the premises or change of the principals
of any firm or corporation, a full application shall be made containing
all of the information hereinabove set forth except to the extent
that the information is already on file.
[Ord. #387; 1973 Code § 43-7]
The Health Officer designated by the Board of Health of the
Borough and the Chief of Police and police officers of the Borough
are hereby authorized and directed, during reasonable business hours,
to make reasonable periodic inspections of all the premises and buildings
for the purpose of ascertaining that the business is being conducted
upon the licensed premises in accordance with the provisions hereof.
[Ord. #387; Ord. #554; 1973 Code § 43-8]
a.
Every used car lot established shall have a property line frontage
of not less than one hundred (100') feet and a depth of not less than
one hundred (100') feet.
b.
Such used car lot shall be paved with concrete, bituminous penetration
macadam pavement, or other equivalent materials, all of good quality.
The laying of such pavement and all work performed in connection there-with
shall be done in accordance with generally accepted engineering practices.
Such pavement shall thereafter be maintained in a good state of repair.
c.
There shall be installed, in connection with the used car lot, an
adequate drainage system to drain away, quickly and at all times,
all surface waters, so that no pools of water may form, at any time,
on the used car lot, or any water flow from the used car lot onto
the street or sidewalk or on any adjoining land. The installation
of such drainage system and all work performed in connection therewith
shall be done in accordance with generally accepted engineering practices
approved by the Borough Engineer. Such drainage system shall not be
installed in such a way as to interfere, prevent or affect, in any
manner, the proper maintenance or adequate functioning of any sewer
system, storm sewer or storm drain of the Borough or diminish their
effectiveness.
d.
A three (3') foot high fence shall be erected within twenty (20)
days after a license is granted and there-after shall be maintained
in a good state of repair. The fence shall be set back a distance
of at least twenty-five (25') feet from the curbline of the street
or highway upon which the used car lot fronts, and the sides and rear
of the fence shall be set back a distance of at least fifteen (15')
feet from the boundary lines of adjacent properties and from the curbline
of any other street or highway, if any, on which the used car lot
is located. The fence shall be of the style and type approved by the
Mayor and Council and shall be of noncorroding material strong enough
to withstand the impact of any runaway motor vehicle or any motor
vehicle that may get out of control. All ingress and egress to and
from the fenced-in area shall be by way of a gateway, not more than
twenty (20') feet in width located at a point designated and approved
by the Mayor and Council to ensure traffic safety.
e.
All vehicles shall be stored or displayed only within the fenced-in
area.
f.
No vehicles shall be parked or stored on the used car lot except
those displayed for sale; provided, however, that this subsection
shall not be construed to prohibit the incidental parking of cars
owned by employees or customers.
g.
No vehicle shall be dismantled on the used car lot and no parts of
vehicles shall be stored on the lot.
h.
Any building erected on the used car lot shall be of the size, style
and construction approved by the Mayor and Council. No building shall
be erected having an area of less than two hundred fifty (250) square
feet. Any building erected for the storage of motor vehicles shall
be erected watertight, and no secondhand automobile or other used
motor vehicle or trailer, or parts thereof, shall be stacked, stored,
dismantled or displayed on the used car lot except within the aforesaid
fenced-in area. No parts of any automobile or other motor vehicle
or trailer shall be stacked or stored in the open on the used car
lot, but all parts of any automobile or other motor vehicle or trailer
shall be stacked or stored in a building in such fenced-in area. All
automobiles or other motor vehicles and trailers, which, because of
their make or condition, will collect and hold rainwater, shall be
stored, dismantled and displayed in such building and shall not be
allowed to remain in the open.
i.
No lights, signs or displays shall be used on the premises except
those of a type, design and location approved by the Mayor and Council.
j.
No used car lot or used car lot dealer license shall be issued or
be renewed to any person who is not of good moral character, nor shall
such license be issued or renewed to any firm, partnership, corporation
or other business association in which a principal person in interest
therein is not of good moral character. Conviction of a crime involving
moral turpitude, or of an attempt to commit a crime or any act involving
criminal negligence shall be deemed conclusive evidence that the applicant
is not of good moral character, if the criminal act took place within
ten (10) years prior to the date of application for a license.
k.
Any license may be revoked by the Mayor and Council of the Borough
upon reasonable and sufficient cause being shown, but no license may
be revoked until the licensee is given reasonable notice of the action
to be taken against such licensee and a hearing on the action is granted.
[Ord. #387; 1973 Code § 43-9]
No used car lot shall be open for business before 8:00 a.m.
or after 10:00 p.m. Mondays through Saturdays. No used car lot shall
be open for business on Sundays.
[Ord. #387; 1973 Code § 43-10]
Notwithstanding anything to the contrary hereinabove set forth,
this section shall not be applicable to any persons, firms or corporations
who store or who engage in the business of storing or offering for
sale not more than any three (3) registered or unregistered used motor
vehicles at any one (1) time on any premises on which the sale of
used cars are now allowable under the Land Development Regulations
of the Borough.
[Ord. #387; Ord. #554; 1973 Code § 43-8]
Nothing in this section shall be interpreted or construed to
waive or permit a deviation from the higher requirements of any other
law or ordinance, which is or may be applicable with particular reference
to any other law or ordinance governing sanitation and ventilation.
Nothing in this section will permit an activity which is not permitted
under the Land Development Regulations.
[Ord. #285; 1973 Code § 106-1]
As used in this section:
Shall mean any automobile or motor-car commonly called "taxi",
engaged in the business of carrying passengers for hire which is held
out, announced, or advertised to run or operate or which is operated
or run over any of the streets or public highways of the Borough and
particularly accepts and discharges such person or persons as may
offer themselves for transportation from points or places to points
or places within or without the Borough.
[Ord. #285; 1973 Code § 106-2]
Any person, firm or corporation desiring to operate a taxicab
within the Borough shall make application to the Mayor and Council
of the Borough on forms supplied by the Borough.
[Ord. #285; 1973 Code § 106-3]
No person, firm or corporation shall operate a taxicab without
first having obtained the consent of the governing body of the Borough
for his taxicab so to be operated. The governing body shall be the
sole judge as to whether consent shall be granted for the operation
of any taxicab within the Borough, but in no event shall such consent
be granted until all of the provisions of N.J.S.A. 48:16-1 et seq.,
shall have been complied with.
[Ord. #285; 1973 Code § 106-4; Ord. #825, § 23;
Ord. #37-89, § 26]
No taxicabs shall be operated until the consent herein provided
for shall have been obtained and evidenced by a license issued by
the governing body. The fee for each such license[1] shall be per year and shall not be prorated. Each taxicab
shall have a separate license and the license shall be for the period
of January 1 through December 31 of each year. Licenses shall not
be transferable and will cover only the vehicle mentioned in the license
issued and in the insurance policy covering such vehicle.
[Ord. #285; 1973 Code § 106-5; Ord. #844, § 1]
The driver of any taxicab operating under a municipal license
shall obtain a taxicab driver's license permit from the governing
body or such person as the governing body may designate by resolution.
Upon filing an application therefor, giving his name, address, age,
motor vehicle driver's license, or current photograph and being thumbprinted
by the Police Department, a taxicab driver's permit shall be issued
for such annual fee as may be determined in the General Fee Ordinance
of the Borough. In the absence of such a General Fee Ordinance, the
annual fee[1] shall be for each calendar year. The permit shall be displayed
with photograph attached at all times by the driver operating the
taxicab. Any person convicted of a crime involving moral turpitude
shall be refused a taxicab driver's permit.
[Ord. #285; 1973 Code § 106-6]
No taxicab shall carry passengers in excess of a seating capacity
of the cab, and in any event not over six (6) passengers, including
the driver. The Council shall by resolution determine and declare
the rates to be charged for regular and special trip. The rates shall
be printed on a card and publicly displayed in each cab. The rates
so fixed shall be deemed to be a part of this section and an overcharge
shall subject the taxicab driver to the penalties of this section.
[Ord. #285; 1973 Code § 106-7]
It shall be unlawful for taxicabs to solicit passengers within
the limits of the Borough except from either private stands provided
and maintained by the licensee or from such public stands as the Mayor
and Council may approve.
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 785, 825, 855, 37-89.
[Ord. #14-92, § 1]
The purpose of this section is to permit the Borough of Midland
Park to procure towing and storage services in order to keep clear
the public streets and to protect impounded vehicles by establishing
standards for towing operators; by requiring the mercantile licensing
of such towing operators and by authorizing the Borough to obtain
those services without competitive bidding.
[Ord. #14-92, § 2]
Pursuant to N.J.S.A. 40A:11-5(u) the Borough of Midland Park
shall enter into contracts for towing and storage services without
competitive bidding with towing operators who meet the qualifications
set forth in this section ("authorized towing operators"). All such
contracts shall expire on the last day of February of the year following
the creation of the contract.
[Ord. #14-92, § 3; Ord. #19-92, § 1]
a.
Each authorized towing operator shall possess a valid license issued
pursuant to this section.
b.
Every applicant for a license under this section shall complete,
sign and verify a written application, in duplicate, on forms furnished
by the Borough Clerk. The application shall state:
c.
The applicant shall file the completed application forms in duplicate
with the Police Department of the Borough annually between January
1 and no later than January 31 of each year together with the appropriate
license fees as determined by the General Fee Ordinance of the Borough.
The fee shall be an annual fee. No portion of the fee shall be prorated
for any part of the year.
d.
The Chief of Police shall be charged with the investigation of prospective
licensees and shall recommend the issuance of a license when he finds
that:
1.
The applicant and none of its employees have been convicted of a
crime of the fourth degree or higher within the past five (5) years;
2.
The application submitted by the applicant complies with the requirements
of all applicable ordinances of the Borough;
3.
The applicant shall be located in such an area so as to provide prompt
response to service calls with-in the Borough;
4.
The applicant shall have safe and secure storage areas;
e.
An applicant for a towing license shall certify, under oath, that
the licensee, if an individual, and all employees or agents of the
licensee have been trained in the proper and safe operation of all
equipment used in the performance of services for Midland Park.
f.
The Borough Clerk shall promptly notify the applicant of the approval
of his application by the Chief of Police and shall issue the license.
h.
All licenses shall expire on the last day of February of the year
following the year issued unless an earlier expiration date is indicated
on the license.
i.
The Borough Clerk shall send a copy of the license to the Police
Department for filing, and shall keep a permanent record of all licenses
issued.
j.
A license issued under this section shall not be transferable.
k.
Each licensee shall produce his license whenever called upon to do
so.
l.
No license shall be issued to an applicant until he shall have deposited
with the Borough Clerk proof of the following insurance coverage;
subject to the approval of the Borough Attorney:
1.
A garage keeper's liability policy covering fire, theft and explosion
in the minimum amount of one hundred thousand ($100,000.00) dollars
and collision coverage subject to a maximum deductible of two hundred
fifty ($250.00) dollars with each accident deemed a separate claim.
2.
A garage liability policy covering the operation of the applicant's
business, equipment and vehicles for any bodily injury or property
damage, in the minimum amounts of five hundred thousand
($500,000.00) dollars for any one (1) person killed or injured
and five hundred thousand ($500,000.00) dollars for more than one
(1) person killed or injured in any one (1) accident. This policy
shall also provide for coverage in the minimum amount of one hundred
thousand ($100,000.00) dollars for all damage arising out of injury
to or destruction of property.
Each policy required herein must contain an endorsement providing
for thirty (30) days notice to the Borough in the event of any change
or cancellation. Each policy shall name the Borough of Midland Park
as an additional insured.
m.
The Mayor and Council may waive any of the requirements set forth in this Subsection 4-5.3 upon written application if the Mayor and Council determines that the towing operator will provide an acceptable alternative to each requirement for which the waiver is sought and that the waiver shall not result in exclusionary or discriminatory contractual terms and conditions.
n.
Each authorized towing operator shall enter into a written contract
with the Borough in the form of Exhibit A.[1] The contract shall require the authorized towing operator
to defend and hold harmless the Borough of Midland Park for liability
from any and all obligations, liabilities, judgments, claims and demands
for personal injuries and damages to property which may rise out of
the performance of this Agreement. The licensee shall save harmless
the Borough from all actions at law for any infringements of patent
rights of tools, equipment, apparatus or methods used by him.
[1]
Editor's Note: Exhibit A, referred to herein, may be found
on file in the office of the Borough Clerk attached to Ordinance No.
14-92.
[Ord. #14-92, § 3; Ord. #19-92, § 2]
Any applicant for a towing license shall possess at least the
following equipment operating at all times and ready to go to a call
at a location within the boundaries of the Borough of Midland Park
when dispatched by the Midland Park Police Department, pursuant to
the terms of the license and for the full term of the applicable contract:
a.
One (1) wrecker capable of safely removing a full-size automobile
or light truck.
b.
One (1) flatbed type truck, with a bed capable of safely carrying
a full-size automobile or light truck.
c.
At least one (1) wrecker or flat-bed shall be equipped with a wheel
lift.
d.
Equipment for jump starts and the changing of flat tires.
e.
If the licensee utilizes a vehicle for which an articulated or commercial
driver's license is required to perform services for Midland Park,
an employee with such articulated driver's license or commercial driver's
license shall be available to operate the above equipment, twenty-four
(24) hours a day, seven (7) days a week, including holidays.
[Ord. #14-92, § 4; Ord. #19-92, § 3; Ord. No. 5-17 § 1]
An authorized towing operator shall:
a.
Maintain a storage area serving Midland Park located 3.5 roadway
miles from Midland Park Police Headquarters. A tower shall be required
to respond to the location where a tow truck has been requested by
the Police Department within 20 minutes from the time when the request
has been made by the desk officer.
[Ord. No. 5-17 § 1;
amended 5-24-2018 by Ord. No. 18-18; 10-25-2018 by Ord. No. 25-18]
b.
Immediately dispatch tow trucks when requested by the desk officer
to respond to an emergency situation.
c.
Not remove or permit a vehicle to be removed without written authorization
from the Police Department.
d.
Request police assistance during the course of servicing when they
find it necessary to turn around, back up, tow in the opposite direction,
cross the median, etc.
e.
Be available to provide service on a twenty-four (24) hour/seven
(7) day basis.
f.
An authorized towing operator's storage areas shall meet the following
qualifications:
1.
If the licensee is the owner in fee simple of the required number
of square footage, he is to submit with his license a certified copy
of the deed for the land, containing a metes and bounds description
of same.
2.
If the licensee has lease for the required number of square footage,
he is to submit with his license, a copy of the lease or leases containing
a metes and bounds description of same. Licensees must have a lease
which extends to at least six (6) months after the termination date
of the towing portion of this license.
3.
If the licensee has an option or options to lease or purchase the
required number of square footage, he is to submit with his license
a copy of the option agreements, containing a metes and bounds legal
description of same.
4.
The deeds, leases or options to lease, or purchase are to be approved
as to form and legality by the Borough Attorney.
5.
Visual on-site inspection of the land shall be made before award
of a license by the Borough or its designees. All the land proposed
to be utilized by the licensee for storage must be level and clear
of debris, and must be clearly marked as having the area necessary
to maintain the minimum capacity of ten (10) vehicles for the Borough.
6.
The entire land area or area must be enclosed by a fence of sturdy
construction, and at least seven (7') feet in height or the maximum
permitted by the applicable section of the zoning ordinance, whichever
is less, so that the storage will not be visible to the public.
7.
The operation of the site(s) shall conform at all times to the fire
regulations of the municipality in which it is located.
8.
Prior to the awarding of any license hereunder, the licensee shall
prove to the Borough of Midland Park that his said locations are legally
zoned for (1) such storage of vehicles, and (2) as a junk yard for
storage of junked vehicles.
9.
No impounded vehicle shall be parked upon a public street or sidewalk,
quasi-public street or sidewalk, or any public area, but must be stored
by the licensee within the storage area so provided; the licensee,
his agents or representatives shall not use the vehicles for the use
of the licensee or their personal use. License plates shall not be
removed from any vehicle, except when lawfully required by the Midland
Park Police Department, or other government agency, or switched to
any other vehicle.
10.
The impound areas must be properly lighted from dusk to dawn and
must be properly safeguarded from vandalism and/or theft.
11.
The Borough of Midland Park shall have access to any part of the
storage areas at any time of the day or night for the purpose of inspection
and/or investigation. This shall include indoor and outdoor areas.
12.
There shall be no unescorted access to the Borough of Midland Park
area by the public. The Midland Park Police Department, from time
to time, shall establish rules and regulations regarding the public
access to the vehicle so impounded and/or stored; such rules and regulations
may also be amended from time to time. This requirement under this
license must be strictly enforced. Failure to follow these rules and
regulations shall be cause to cancel this license. Licensed tower
shall provide free towing for all Borough vehicles when required.
g.
All licensees must maintain safe and secure storage space for impounded
vehicles.
h.
The wrecker/tow truck shall have a passenger seat to transport the
driver of the vehicle to be towed, under appropriate circumstances,
at no additional cost to the owner of the vehicle.
i.
Wreckers/tow trucks shall have two- (2) way radio capabilities with
their dispatching center on a twenty-four (24) hour basis.
j.
The licensee shall provide each wrecker/tow truck with a shovel,
broom, and other equipment necessary to clean up broken glass and
debris from the scene of an accident to which it is summoned. The
driver of such wrecker/tow truck shall be responsible for such clean-up.
k.
All wreckers/tow trucks used and employed in towing of vehicles shall
be kept in a clean, good working condition and the name, address and
telephone number of the licensee shall be conspicuously displayed
on each vehicle.
l.
All licensees shall be required to comply with all State and local
laws, and be licensed, as required.
m.
The licensee shall provide a clean waiting room for the public with
a restroom and access to a public telephone.
n.
The licensee shall accept at the storage area at least one (1) major
credit card.
p.
Vehicles may be retrieved by the public in the ordinary course from
the licensee's storage area during regular business hours without
prior arrangement. Notwithstanding that, in specific cases when requested
by the Midland Park Police Department, the licensee shall permit the
public to retrieve vehicles at all other times.
q.
The licensee, if an individual, and all employees or agents of the
licensee shall have been trained in the proper and safe operation
of all equipment used in the performance of services for Midland Park.
[Ord. #14-92, § 5; Ord. #19-92, § 4]
a.
The maximum rate for towing and storage of a vehicle within the Borough
shall be set by resolution of the Mayor and Council. In the absence
of such a resolution, the maximum rates shall be no more than the
rates promulgated by the New Jersey Commissioner of Insurance.
b.
Fee cards conspicuously indicating the maximum rates for towing and
storage of a vehicle within the Borough shall be kept in the possession
of the drivers of all wreckers and presented to the driver or owner
of any vehicle to be towed. Such fee cards shall also be conspicuously
posted at the place where an owner of a vehicle would retrieve his
vehicle.
[Ord. #14-92, § 6; Ord. #19-92, § 5]
a.
The Borough Administrator shall compile a list of authorized towing
operators. The list shall be effective until December 31, 1992.
b.
For every three (3) month period thereafter, and no later than two
(2) weeks prior to the end of each such period the Administrator shall
compile a revised list to be used by the Police Department for the
next three (3) month period. During the compilation of the list for
the next period, the Administrator shall add names to the list when
additional towing operators meet the appropriate qualifications. The
Administrator may, at any time, delete names from the list when the
authorized towing operator loses its license or violates the performance
standards of this section.
c.
Each time the list is amended, the Administrator shall promptly provide
to the Chief of Police a current list of authorized towing operators.
d.
To the extent practicable, the officers investigating accidents which
require a wrecker shall get authorization from the drivers or owners
of cars as to the selection of the entity to perform towing services.
e.
Unless the Police Department determines that the public safety and
convenience and the expeditious flow of traffic requires specialized
services which in the opinion of the Police Department are unable
to be performed by an authorized towing operator, or require specialized
equipment not possessed by the authorized towing operator, the entire
list of authorized towing operators shall be utilized by the Police
Department to provide towing services when necessary. The Police Department
shall call the towing operators in a sequential rotation using a method
which is calculated to provide each authorized towing operator with
an equal opportunity to provide towing services. The method used by
the Police Department shall be promulgated in writing and shall be
made available as a public record.
f.
If the Police Department determines in a particular case that the
public safety or convenience requires the use of specialized equipment
not possessed by the authorized towing operator, or specialized services
not able to be performed by the authorized towing operator, the Police
Department may take such reasonable action as it deems necessary to
protect the public safety and convenience and provide for the expeditious
flow of traffic.
[Ord. #14-92, § 7]
This section shall be enforced by the Chief of Police. Except
in an emergency, no individual owner or operator of a wrecker shall
respond to the scene of an auto accident except upon notification
by the Police Department or upon request of the driver or owner of
the vehicle involved.
[Ord. #14-92, § 8]
a.
Licenses issued under the provisions of this section may be revoked
by the Mayor and Council after notice and hearing for any of the following
causes:
1.
Fraud, misrepresentation or false statement contained in the application
for the license;
2.
Any violation of this section;
3.
Conviction of any crime or disorderly persons offense involving moral
turpitude;
4.
The licensee is not of good character, competency or integrity or
is not a fit and proper person to operate or conduct a wrecker operation.
[Ord. #14-92, § 9]
An authorized towing operator who fails to meet the performance
standards set forth in this section may be suspended for such period
of time as the Administrator may determine. Prior to any such suspension,
the Borough Administrator shall give oral notice to the authorized
towing operator, the opportunity to informally object to the suspension
and state the reasons for his objection. Any suspension may be appealed
to the Mayor and Council.
[Ord. #14-92, § 10]
a.
Any person aggrieved by the action of the Chief of Police or the
Borough Clerk in the denial of a license or by the Administrator in
the suspension of an authorized towing operator shall have the right
of appeal to the Mayor and Council. Such appeal shall be taken by
filing with the Council, within fourteen (14) days after notice of
the action complained of is mailed to such person's last known address
a written statement setting forth fully the grounds for appeal.
b.
Notice of the hearing for revocation of a license shall be given
to the licensee in writing, setting forth specifically the grounds
of complaint and the time and place of the hearing. Such notice shall
be mailed by registered or certified mail, return receipt requested,
addressed to the licensee at his last known address, at least five
(5) days prior to the date set for the hearing.
c.
The Mayor and Council shall set a time and place for the hearing
of such appeal, and notice of such hearing shall be given to the appellant
in the same manner as provided for the notice of the hearing on revocation.
d.
The decision and order of the Mayor and Council on such appeal shall
be final and conclusive.
[Ord. #14-92, § 11]
a.
This section shall not affect or prevent the occasional operation
of an unlicensed wrecker or tow truck upon the request of an owner
or driver of a vehicle in distress.
b.
Any person who shall violate the provision of subsections 4-5.6 or 4-5.8 of this section shall, upon conviction thereof, be liable to a fine of not more than one thousand ($1,000.00) dollars and in the case of a second conviction for violation of this section may be prohibited from receiving a license for a period of thirty (30) days from the date of the conviction. Upon the third or subsequent conviction under the provisions of this section, a person shall be subject to the above penalty, and shall be prohibited from receiving a license for a period of one (1) year from the date of the second or subsequent conviction.
[Ord. #14-92, § 12; Ord. #19-92, § 5]
Pursuant to N.J.S.A. 40:48-2.91.d, copies of this section, Ordinance
No. 14-92 as amended by Ordinance No. 19-92, and the fee schedules
of all authorized towing operators and the rotation policy established
by the Police Department shall be made available to the public during
normal business hours of the Borough Clerk's office at the cost of
copying established by the General Fee Ordinance of the Borough.
[Ord. #428; 1973 Code § 46-1]
No person or persons, firm, association, club or corporation
shall maintain, operate, conduct or pursue the business or occupation
of keeping any public room or place wherein the game commonly known
as "bowling" is played without having first obtained a license therefor
from the Borough Council as hereinafter provided.
[Ord. #428; 1973 Code § 46-2]
An application for a license shall be filed with the Borough
Clerk on forms to be furnished by him, which forms shall require to
be included the following information:
a.
The name and address of the applicant.
b.
In the case of a partnership, it shall state the names and addresses
of all partners.
c.
In the case of a corporation, it shall state the names and addresses
of the officers, directors and all stockholders presently holding
stock and all who for six (6) months prior to the making of the application
have been officers, directors or stockholders.
d.
In the case of clubs or associations, it shall state the names and
addresses of all officers.
e.
Whether or not the person or persons named in the application have
ever been convicted of a violation of any Federal, State or municipal
law.
f.
The location of the premises to be licensed.
g.
The number of bowling alleys to be located upon the premises to be
licensed.
[Ord. #428; 1973 Code § 46-3]
All licenses herein provided for shall be issued by the Borough
Clerk only after a resolution of the Borough Council shall have been
adopted approving the application and only after the payment of the
license fee herein provided for. All such licenses shall be valid
from January 1 of the year in which the license is issued until December
31 next after the same is issued, unless sooner revoked.
[Ord. #428; 1973 Code § 46-4]
Such license shall bear the date of issue, the name of the licensee,
the purpose for which issued and the location of the room or building
wherein the licensee is authorized to carry on and conduct any such
business. Such license shall not be transferable by the holder to
any other person or persons, firm, association or corporation, but
such license may be transferred by the holder to another address,
provided that the licensee shall make written application for such
transfer to the Borough Clerk and such transfer is approved by resolution
of the Borough Council. The number of bowling alleys in operation
on the licensed premises shall not be increased by the licensee except
by making written application to the Borough Clerk on forms to be
furnished by him for permission to do so and by having such application
approved by an appropriate resolution of the Borough Council.
[Ord. #428; 1973 Code § 46-5; Ord. #825, § 6;
Ord. #37-89, § 5]
The annual fees to paid for such license are hereby fixed as
follows:
[Ord. #428; 1973 Code § 46-6]
a.
The Borough Council may suspend or revoke the license of any licensee
on any one (1) or more of the following grounds:
1.
Violation of any of the laws of the State of New Jersey upon the
licensed premises by the licensee or its agents, servants, employees
or representatives.
2.
Violation of any ordinance of the Borough upon the licensed premises
by the licensee or its agents, servants, employees or representatives.
3.
If the license was procured by fraudulent conduct or false statement
of a material fact or if a fact concerning the applicant was not disclosed
at the time of filing the application where such fact would have constituted
just cause for refusing to issue the license.
4.
Permitting or suffering any activity upon the licensed premises which
is or may be detrimental to the public health, safety, welfare or
morals.
b.
In all cases, written notice of the charge or charges and the time
and place of hearing thereon shall be served on the licensee, either
in person or by certified or registered mail addressed to the licensed
premises. No revocation or suspension shall occur unless the licensee
shall have been afforded an opportunity to be heard in his defense.
In the event any license is suspended or revoked, the licensee
shall not be permitted the return of any portion of the license fee.
(Ord. #428; 1973 Code § 46-7).
[Ord. #428; 1973 Code § 46-8; New]
Any premises which shall be declared to be unsafe by the written
report of the Construction Official or a fire hazard by the written
report of the Fire Marshal shall be deemed to be ineligible for a
license.
[Ord. #428; 1973 Code § 46-9]
No license shall be issued for the operation of any bowling
alleys located within two hundred (200') feet of any school, church
or publicly owned building or residence. The distance shall be measured
between the structure containing the licensed premises and any structure
used for a school, church or residence or publicly owned building.
This provision shall not apply, however, to any bowling alley in operation
on the date of the adoption of this section.
[Ord. #428; 1973 Code § 46-10]
The hours of operation of such bowling alley shall be between
9:00 a.m. and 12:00 midnight on weekdays and Saturdays. All licensed
bowling alleys shall remain closed on Sundays.
[Ord. #428; 1973 Code § 46-11]
This section shall not apply to any religious, charitable, benevolent or nonprofit association or corporation which operates or maintains any bowling alleys for the recreation and amusement of its members, provided such organization is bona fide in character and is not intended as a means or device for evading the terms and provisions of this section. Such organization shall, however, comply with Subsection 4-6.2 hereof before operating any bowling alley. A certificate evidencing the nonapplicability of this section shall be obtained prior to commencing operations.
[Ord. #428; 1973 Code § 46-12]
There shall be conspicuously posted and displayed in any premises
licensed under this section the license issued pursuant to this section
and a copy of this section which shall be supplied to the licensee
by the Borough Clerk.
[Ord. #428; 1973 Code § 46-13]
The number of licenses issued or to be issued under this section
for the conduct of a bowling alley shall not exceed one (1) for every
three thousand five hundred (3,500) residents of the Borough according
to the last Federal census.
[Ord. #193; 1973 Code § 69-1]
It shall be unlawful for any person or persons, without a license
for that purpose first had and obtained in a manner prescribed by
this section, to post, distribute or deliver any notices, handbills,
circulars or any other printed or written articles or pictures within
the limits of the Borough.
[Ord. #193; 1973 Code § 69-2; Ord. #825, § 14;
Ord. #37-89, § 15]
The fees to be paid for the license to post, distribute or deliver any handbills, circulars or any other printed or written articles or pictures are contained in Chapter 90 and which fees are imposed for revenue purposes.
[Ord. #193; 1973 Code § 69-3]
Any persons desiring a license for the purpose aforesaid shall
present to the Chief of Police of this Borough an application signed
by the applicant stating his name in full, his residence and post
office address and the purpose for which he desires such license,
with a sample copy of the paper intended to be distributed, such application
shall be accompanied by the proper license fee. When the application
is properly made and is approved by the Chief of Police of the Borough,
the Chief of Police shall issue and deliver to such applicant a proper
license. Every license so issued shall be valid only to the person
named therein and for the day on which the distribution is to be made.
[Ord. #411; 1973 Code § 85-1]
No person or persons, firm, association, club or corporation
shall maintain, operate, conduct or pursue the business or occupation
of keeping any public room or place wherein the games commonly known
as "pool" or "billiards" are played without having first obtained
a license therefor from the Borough Council as hereinafter provided.
[Ord. #411; 1973 Code § 85-2]
An application for a license shall be filed with the Borough
Clerk, on forms to be furnished by him, which forms shall require
to be included the following information:
a.
The name and address of the applicant.
b.
In the case of a partnership, it shall state the names and addresses
of all partners.
c.
In the case of a corporation, it shall state the names and addresses
of the officers, directors and all stockholders presently holding
stock and all who for six (6) months prior to the making of the application
have been officers, directors or stockholders.
d.
In the case of clubs or associations, it shall state the names and
addresses of all officers.
e.
Whether or not the person or persons named in the application have
ever been convicted of a violation of any Federal, State or municipal
law.
f.
The location of the premises to be licensed.
g.
The number of pool tables and billiard tables to be located upon
the premises to be licensed.
[Ord. #411; 1973 Code § 85-3]
All licenses herein provided for shall be issued by the Borough
Clerk only after a resolution of the Borough Council shall have been
adopted approving the application and only after the payment of the
license fee herein provided for. All such licenses shall be valid
from January 1 of the year in which the license is issued until December
31 next after the same is issued, unless sooner revoked.
[Ord. #411; 1973 Code § 85-4]
Such license shall bear the date of issue, the name of the licensee,
the purpose for which issued, and the location of the room or building
wherein the licensee is authorized to carry on and conduct any such
business. Such license shall not be transferable by the holder to
any other person or persons, firm, association or corporation, but
such license may be transferred by the holder to another address,
provided that the licensee shall make written application for such
transfer to the Borough Clerk and such transfer is approved by resolution
of the Borough Council. The number of pool or billiard tables in operation
on the licensed premises shall not be increased by the licensee except
by making written application to the Borough Clerk on forms to be
furnished by him for permission to do so and by having such application
approved by an appropriate resolution of the Borough Council.
[Ord. #411; 1973 Code § 85-5; Ord. #825, § 17]
The annual fees to be paid for such license are hereby fixed
as follows:
[Ord. #411; 1973 Code § 85-6]
a.
The Borough Council may suspend or revoke the license of any licensee
on any one (1) or more of the following grounds:
1.
Violation of any of the laws of the State of New Jersey upon the
licensed premises by the licensee or its agents, servants, employees
or representatives.
2.
Violation of any ordinance of the Borough upon the licensed premises
by the licensee or its agents, servants, employees or representatives.
3.
If the license was procured by fraudulent conduct or false statement
of a material fact or if a fact concerning the applicant was not disclosed
at the time of filing the application where such fact would have constituted
just cause for refusing to issue the license.
4.
Permitting or suffering any activity upon the licensed premises which
is or may be detrimental to the public health, safety, welfare or
morals.
b.
In all such cases, written notice of the charge or charges and the
time and place of hearing thereon shall be served on the licensee,
either in person or by certified or registered mail addressed to the
licensed premises. No revocation or suspension shall occur unless
the licensee shall have been afforded an opportunity to be heard in
his defense.
[Ord. #411; 1973 Code § 85-7]
In the event any license is suspended or revoked, the licensee
shall not be permitted to the return of any portion of the license
fee.
[Ord. #411; 1973 Code § 85-8; New]
Any premises which shall be declared to be unsafe by the written
report of the Construction Official or a fire hazard by the written
report of the Fire Official, shall be deemed to be ineligible for
a license.
[Ord. #411; 1973 Code § 85-9]
No license shall be issued for the operation of any pool or
billiard room which is located within two hundred (200') feet of any
school, church or publicly owned building or residence. The distance
shall be measured between the structure containing the licensed premises
and any structure used for a school, church or residence or publicly
owned building.
[Ord. #411; 1973 Code § 85-10]
The hours of operation of such pool or billiard rooms shall
be between 9:00 a.m. and 12:00 midnight on weekdays and Saturdays.
All licensed pool and billiard rooms shall remain closed on Sundays.
[Ord. #411; 1973 Code § 85-11]
No person under the age of sixteen (16) years shall be admitted
to or permitted to play pool or billiards in any licensed premises
or to frequent or lounge or congregate or gather in such room or place
unless accompanied by his or her parent or guardian.
[Ord. #411; 1973 Code § 85-12]
In no event shall card playing be permitted on premises licensed
under this section, even if such card playing is for social purposes.
[Ord. #411; 1973 Code § 85-13]
All premises in which the games of pool and billiards are played
shall be on the street floor of any building and shall be so arranged
and shall be so lighted that a full view of the interior may be had
from the public thoroughfare.
[Ord. #411; 1973 Code § 85-14]
This section shall not apply to any religious, charitable, benevolent
or nonprofit association or corporation which operates or maintains
any pool or billiard table solely for the recreation and amusement
of its members, provided such organization is bona fide in character
and is not intended as a means or device for evading the terms and
provisions of this section, nor shall this section apply to the keeping
of any pool or billiard table in private residences.
[Ord. #411; 1973 Code § 85-15]
There shall be conspicuously posted and displayed in any premises
licensed under this section:
a.
The license issued pursuant to this section.
b.
A copy of this section which shall be supplied to the licensee by
the Borough Clerk.
c.
Not less than one (1) sign giving notice that no person under the
age of sixteen (16) years is permitted upon the licensed premises
unless accompanied by his or her parent or guardian.
[Ord. #411; 1973 Code § 85-16]
The number of licenses issued or to be issued under this section
for the conduct of a billiard room, poolroom or combination thereof
shall not exceed one (1) for every three thousand five hundred (3,500)
residents of the Borough according to the last Federal census.
[Ord. #694; 1973 Code § 41-1]
As used in this section:
Shall mean any coin-operated machine or device which, whether
mechanical, electrical or electronic, shall be ready for play by the
insertion of a coin and may be operated by the public for use as a
game, entertainment or amusement, whether or not registering a score.
It shall include devices, such as marble machines, skill ball, pinball,
mechanical grab machines or the machines or contrivances commonly
known as "bagatelle," "baseball," "hockey," "football," "pool table,"
"target shooting," "shuffleboard" or "shuffle alley," "bowling" or
any similar-named device or any device which utilizes an electron
(TV) tube to reproduce symbolic figures and lines intended to be representative
of real games or activities, but specifically excluded shall be any
device, whether operated by coin or not, which merely provides a ride,
sensation, electronic reading or weight for use by and to the amusement
of the public.
Shall mean any individual, partnership, corporation or unincorporated
association. In the case of persons other than individuals, the individual
member, officer, stockholder or partner who signs the application
shall be deemed individually responsible for compliance with the provisions
of this section in addition to the person in whose name the application
is made.
[Ord. #694; 1973 Code § 41-2]
No person shall display, place, maintain or keep for operation
any amusement machine on or within any public or quasi-public place
or in any building, store or other place wherein the public are invited
or wherein the public may enter, within the Borough, without having
first obtained for each such machine a license issued by the Borough
Clerk as provided in this section.
[Ord. #694; 1973 Code § 41-3]
Any persons who own or lease mechanical amusement games covered
by this section and who are nonprofit, charitable or religious organizations
are exempted from the fee and payment requirements of obtaining a
license or licenses upon the amusement games but such organization
shall remain subject to all other provisions of this section.
[Ord. #694; 1973 Code § 41-4]
The purpose of this section is to license those mechanical amusement
games which are operated in a commercial venture for the purpose of
making a profit and for their regulation and control.
[Ord. #694; 1973 Code § 41-5]
An amusement machine application, sworn to by the applicant,
shall be filed with the Borough Clerk, upon such forms supplied and
approved by the Borough Council, stating the following:
[Ord. #694; 1973 Code § 41-6]
The Chief of Police shall investigate the location wherein it
is proposed to operate such machine and also ascertain if the applicant
is a person of good moral character and submit a report of his findings
to the Borough Clerk.
[Ord. #694; 1973 Code § 41-7; Ord. #698]
a.
After proper investigation and after approval of the application
for a license by the Borough Council, the Borough Clerk shall issue
a license for each amusement machine in the name of the person who
shall be responsible and the premises where the same is to be operated,
used or maintained. The license shall state:
1.
Name and post office address of the licensee.
2.
Street address of the premises where the machine is to be operated,
used or maintained.
3.
Description of the machine to be covered by the license, including
model, serial number and manufacturer of the machine.
4.
Amount of money required, if any, to operate the machine.
b.
The license shall be affixed to a conspicuous spot in the same public
portion of the premises wherein the machine is located so that the
machine described in the license may be easily and quickly identified.
c.
The license issued hereunder shall not be in substitution of or eliminate
the necessity for securing all other required approvals, licenses
or certificates of occupancy or compliance as may be appropriate under
the zoning, planning, building, fire prevention or other ordinances
or codes of the Borough or any applicable Statutes or regulations
of the State of New Jersey which may appertain to the premises, use,
structure, employment or any other aspect of applicant's activities.
[Ord. #694; 1973 Code § 41-8; Ord. #825, § 3;
Ord. #37-89, § 3]
The license fee[1] for each amusement machine shall be per year payable with
the filing of the application and upon applications for renewal each
year thereafter. The license shall be valid during the calendar year,
commencing on January 1 or the date of issuance, if later than January
1, and expiring on December 31 of each year.
[Ord. #694; 1973 Code § 41-9]
a.
The holder of a license shall be permitted to transfer the license
within the calendar year for which it is issued to any other like
machine operated in the same premises in place of the machine from
which the license is transferred, the licensee, however, to immediately
notify the Mayor and Council of such purpose and to communicate to
them the manufacturer's serial number and the type of machine.
b.
Upon application to and approval by the Board of Council a license
may be transferred from one premises to another, provided that a transfer
fee of one hundred ($100.00) dollars shall be payable for each machine
transferred from premises to premises.
[Ord. #694; 1973 Code § 41-10]
Every amusement machine licensed hereunder shall at all times
be in clear view in the public portion of the premises wherein it
is located. No more than one (1) amusement machine shall be licensed
under this section for each seven hundred fifty (750) square feet
of floor space in any location wherein such devices are to be operated,
used or maintained, and no more than two (2) machines shall be licensed
at any one (1) location.
[Ord. #694; 1973 Code § 41-11]
It shall be unlawful for any licensee or his agents, servants
or employees to knowingly permit, suffer or allow any amusement machine
licensed hereunder to be used for gambling purposes, nor shall they
offer, permit, suffer or allow any prize, free play or return of money
on any such machine. No person shall use any such machine for the
purpose of gambling of any kind.
[Ord. #694; 1973 Code § 41-12]
Every license issued under this section is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, permit the operation of any mechanical
amusement device contrary to the provisions of this section, the ordinances
of the Borough or the laws of the State. The license may be revoked
by the Borough Council after written notice to the licensee, which
notice shall specify the ordinance or law violations with which the
licensee is charged, if after a hearing the licensee is found to be
guilty of such violations. Ten (10) days' notice of the hearing shall
be given the licensee. At such hearing the licensee and his attorney
may present and submit evidence of witnesses in his defense.
[Ord. #694; 1973 Code § 41-13]
If the Chief of Police shall have reason to believe any mechanical
amusement device is used as a gambling device, such machine may be
seized by the Police and impounded, and if, upon trial of the exhibitor
for allowing it to be used as a gambling device, said exhibitor is
found guilty, such machine shall be destroyed by the Police.
[Ord. #694; 1973 Code § 41-14; New]
[Ord. #421; 1973 Code § 54-1]
As used in this section:
Shall mean any assembly, exhibition or display of shows,
ferris wheels, merry-go-rounds, whips, shooting galleries or similar
amusements, legal games or contests of chance or skill; any exhibitions
or feats of horsemanship, acrobatic performances or display of animals,
together with such exhibitions, which exhibitions, performances, displays
or devices are grouped together and carried on for a short period
of time in the open air or under temporary structures, or elsewhere.
[Ord. #421; 1973 Code § 54-2]
It shall be unlawful for any person, firm or corporation to
erect or cause to be erected any temporary structure composed wholly
or partly of canvas or similar materials to be used as a place of
amusement or for any recreational purpose or for any other public
assembly whatsoever within the Borough and no carnival, circus or
traveling show shall be opened or operated in the Borough without
first having made an application to the Mayor and Council of the Borough
and received permission to do so, in accordance with the conditions
and limitations as set forth in this section.
[Ord. #421; 1973 Code § 54-3; Ord. #825, § 8;
Ord. #37-89, § 8]
The applicant for such permission shall file an application
in writing with the Borough Clerk at least ten (10) days before the
meeting of the Borough Council at which meeting the application is
to be considered.
a.
The application must set forth the names and addresses of parties
interested in and intended to benefit from the contemplated profits
of the venture, together with the location of the proposed venture,
the dates on which such venture will operate, and the hours during
which such venture will be operating in each day.
b.
Such application shall further specify the type of construction of
the tent or other temporary structure, the seating arrangement, the
location of all exits, the location of all fire equipment within the
structure, provisions made for sanitary facilities for persons using
the premises, and any other details which will show the provisions
made for the safety of the persons within such structure.
c.
The applicant shall furnish written consent of the owner of the site
where the carnival, circus or traveling show is proposed to be conducted
for same to be so conducted on the property.
d.
The applicant shall furnish evidence that a public liability insurance
policy in amounts of not less than five hundred thousand ($500,000.00)
dollars for one (1) person and one million ($1,000,000.00) dollars
for any one (1) accident shall be in force and effect at the time
such structure is to be occupied or during which such carnival, circus
or traveling show will be operating.
e.
The applicant shall deposit with the Borough Clerk at the time of
filing of the application and cash bond in the sum of five hundred
($500.00) dollars conditioned upon saving the Borough harmless from
any and all liability or causes of action which may arise by virtue
of the granting of the license to the applicant and conditioned further
that no damage will be done to the streets, trees or adjoining properties
and that no dirt, paper, litter or other debris will be permitted
to remain upon the streets or upon any private property by such applicant.
Such cash bond shall be returned to the applicant upon certification
by the Chief of Police that all conditions of this section have been
complied with.
[Ord. #421; 1973 Code § 54-4]
The violation of any one (1) or more of the provisions of this
section or the violation of any law of the State of New Jersey or
any ordinance of the Borough by the applicant, or its agents or employees,
shall be sufficient ground for the revocation of any license.
[Ord. #421; 1973 Code § 54-5]
Nothing in this section shall apply to fairs or bazaars that
may be sponsored and conducted by a religious, school, municipal or
qualified charitable organization if such organization has full control
of the engagement and operation of the amusements and provided that
no other parties are to benefit from the contemplated profits other
than such organization, and further provided that such fair or bazaar
is conducted on the property of the religious, school, municipal or
other charitable organization or on private property for which permission
to maintain such operation has been secured.
[Ord. #92; 1973 Code § 57-1]
It shall not be lawful for any person or persons or voluntary
association to hold a public ball, picnic or dancing entertainment
without first having obtained a permit for that purpose.
[Ord. #92; 1973 Code § 57-2]
Any person or persons, corporation or voluntary association
desiring a permit shall apply to the Borough Clerk in writing, who,
upon the payment of a permit fee, shall issue a permit to the person
applying for such permit. An application for a permit from a corporation
or association shall designate some agent who will be responsible
in case of violation of this section.
[Ord. #92; 1973 Code § 57-3]
Any person or persons, corporation or voluntary association
obtaining a permit shall conduct the ball, picnic or dancing entertainment
in a moral and proper manner to prohibit any vulgar or indecent performances
in dancing and to prevent any intoxicated person from attending such
dance. They shall be required to properly police the premises occupied
for dancing at their own expense or, failing so to do, the Chief of
Police of the Borough, at his discretion, shall provide the service
of one (1) or more police officers, the expense thereof to be charged
to the person obtaining the permit.
[Ord. #92; 1973 Code § 57-5]
This section shall not apply to any private dance or to any
church or charitable association.
[Ord. #92; 1973 Code § 57-6]
As used in this section:
Shall mean any dance, ball or dancing entertainment to which
admission can be had by payment of a fee or by the purchase, possession
or presentation of a ticket or token, or in which a charge is made
for caring for clothing or other property.
[Ord. #92; 1973 Code § 57-7; Ord. 3825, § 10;
Ord. #37-89, § 10]
The fee for a permit for each ball, picnic or dancing entertainment is contained in Chapter 90.
[Ord. #538; 1973 Code § 89-1]
The Borough hereby adopts all the benefits and privileges of
the State Raffles Licensing Law as ratified by referendum at the last
general election.
[Ord. #538; 1973 Code § 89-2]
All bona fide organizations, associations, clubs, churches,
etc., specified in N.J.R.S. 5:8-51, together with all future supplements
and amendments shall be eligible to obtain a license to conduct such
games in the Borough.
[Ord. #538; 1973 Code § 89-3; amended 12-13-2018 by Ord. No.
31-18]
Each applicant for such license shall file a written application
therefor with the Borough Clerk on forms provided by him in full compliance
with N.J.S.A. 5:8-52. The Borough Clerk is authorized to issue such
license provided that the applicant has satisfied the conditions and
requirements of this section.
[Ord. #538; 1973 Code § 89-4]
Upon receipt of application for license, the governing body
shall cause to be made an investigation of the qualifications of each
applicant and the merits of each applicant and the merits of each
application and may designate the Police Department or any other municipal
agency or official to conduct such investigation.
[Ord. #538; 1973 Code § 89-5; Ord. #825, § 18;
Ord. #37-89; § 20]
The following general rules shall apply to any license issued
hereunder, but the same shall be in addition to and not in limitation
of all other requirements of the State Statute, via:
a.
No prize shall be offered at any such game in excess of the limits
fixed by N.J.S.A. 5:8-62, its supplements and amendments.
b.
The aggregate of all prizes offered in any such game shall not exceed
the limits fixed by N.J.S.A. 5:8-62, its supplements and amendments.
d.
Any license issued by the municipality shall be effective for a period
of not more than one (1) year.
e.
No person under the age of eighteen (18) shall be permitted to participate
in any such raffle or game.
f.
No raffles or games shall be held, operated or conducted oftener
than six (6) days in any one (1) calendar month.
g.
No person shall hold, operate or conduct or assist in operating or
conducting any such games or raffles unless he or she is an active
member of the organization, etc., to whom the license was issued.
h.
The hours during which such raffle games may be conducted are between
the hours of 1:00 p.m. and 11:00 p.m.
[Ord. #538; 1973 Code § 89-6]
No application for a license shall be refused until after a
hearing is held as required by N.J.S.A. 5:8-55. Any license issued
may be amended on application to the governing body as provided by
this subsection.
[Ord. #538; 1973 Code § 89-7]
Each license issued by the municipality shall conform in form
and content to the provisions of N.J.S.A. 5:8-56 and shall be conspicuously
displayed at the place where the games are conducted at all times
during the conduct thereof.
[Ord. #538; 1973 Code § 89-8]
The governing body shall have and exercise control and supervision
over the conduct of all such games and shall have the power to enter
in and upon all premises where the games are being conducted and to
suspend or revoke any license issued, after proper hearing for any
violation of the State Statute or local ordinance or rules and regulations
promulgated thereunder.
[Ord. #538; 1973 Code § 89-10]
All licensees shall comply fully with all the terms and requirements
of the State Statute, together with all of its supplements and amendments
thereto, and shall enjoy and have all of the privileges and benefits
conferred by State Statute, together with all future supplements and
amendments.
[Ord. #538; 1973 Code § 89-11; New]
Any person, association or corporation who or which shall make any false statements in any application or shall fail to keep the books and records required by law or shall falsely make any false entry therein or shall violate any of the provisions of the State Statute or of this chapter or any of the rules and regulations promulgated hereunder or of any of the terms of the license issued may, upon conviction thereof after hearing by the Municipal Judge, be judged a disorderly person and be liable to the penalty established in Chapter 1, § 1-5 of this Code, and in addition thereto may be liable to the suspension or revocation of the license issued to them or it, and may likewise be declared ineligible to apply for a new or renewal license for one (1) year thereafter.
[Ord. #537; 1973 Code § 89-12]
The Borough hereby adopts all the benefits and privileges of
the State Bingo Licensing Law as ratified by referendum at the last
general election.
[Ord. #537; 1973 Code § 89-13]
All bona fide organizations, associations, clubs, churches,
etc., specified in N.J.S.A. 5:8-25, together with all future supplements
and amendments, shall be eligible to obtain a license to conduct such
games in the Borough.
[Ord. #537; 1973 Code § 89-14; amended 12-13-2018 by Ord. No.
31-18]
Each applicant for such license shall file a written application
therefor with the Borough Clerk on forms provided by him in full compliance
with N.J.S.A. 5:8-26. The Borough Clerk is authorized to issue such
license provided that the applicant has satisfied the conditions and
requirements of this section.
[Ord. #537; 1973 Code § 89-15]
Upon receipt of application for license, the governing body
shall cause to be made an investigation of the qualifications of each
applicant and the merits of each application and may designate the
Police Department or any other municipal agency or official to conduct
such investigation.
[Ord. #537; 1973 Code § 89-16; Ord. #825, § 18;
Ord. #36-89, § 1; Ord. #37-89, § 20]
The following general rules shall apply to any license issued
hereunder, but the same shall be in addition to and not in limitation
of all other requirements of the State Statute, via:
a.
No prize shall be offered at any such game in excess of the value
of two hundred and fifty ($250.00) dollars in any single game.
b.
The aggregate of all prizes offered in any such game shall not exceed
the value of one thousand ($1,000.00) dollars.
c.
A license fee[1] for each occasion upon which any such game or games are
to be conducted shall be paid to the Borough Clerk in advance upon
the filing of the application. Set fees are to be charged and disposed
of in accordance with N.J.S.A. 5:8-27. In the alternative, an applicant
may elect to pay a flat annual fee of three hundred ($300.00) dollars.
d.
Any license issued by the municipality shall be effective for a period
of not more than one (1) year.
e.
No person under the age of eighteen (18) shall be permitted to participate
in any such game or games.
f.
No games shall be held, operated or conducted oftener than six (6)
days in any one (1) calendar month.
g.
No games shall be conducted in any room or area where alcoholic beverages
are sold or served during the progress of the game.
h.
No more than one ($1.00) dollar shall be charged by any licensee
for admission to any such game or games, and participation in all
regular games conducted on such occasion.
i.
No charge in excess of one ($1.00) dollar in addition to the admission
charge, shall be made for a single opportunity to participate in all
special games to be played on the same occasion of the admission.
j.
No person shall hold, operate or conduct or assist in operating or
conducting any game unless he is an active member of the organization,
etc., to whom the license was issued.
k.
The hours during which bingo games may be conducted are between the
hours of 1:00 p.m. and 11:00 p.m. provided, however, that bingo games
may be conducted between the hours of 1:00 p.m. on Friday and 1:00
a.m. on the following Saturday, or 1:00 p.m. on Saturday and 1:00
a.m. on the following Sunday.
[Ord. #537; 1973 Code § 89-17]
No application for a license shall be refused until after a
hearing is held as required by N.J.S.A. 5:8-28. Any license issued
may be amended on application to the governing body as provided by
this subsection.
[Ord. #537; 1973 Code § 89-18]
Each license issued by the municipality shall conform in form
and content to the provisions of N.J.S.A. 5:8-29 and shall be conspicuously
displayed at the place where the games are conducted at all times
during the conduct thereof.
[Ord. #537; 1973 Code § 89-19]
The governing body shall have and exercise control and supervision
over the conduct of all such games and shall have the power to enter
in and upon all premises where games are being conducted and to suspend
or revoke any license issued, after proper hearing, for any violation
of State Statute or local ordinance or rules and regulations promulgated
thereunder.
[Ord. #537; 1973 Code § 89-20; Ord. #36-89, § 2]
Except as permitted by § 4-13.5k, it shall not be legal to conduct such games within the limits of the Borough on Sundays.
[Ord. #537; 1973 Code § 89-21]
All licenses shall comply fully with all the terms and requirements
of State Statute, together with all of its supplements and amendments
thereto and shall enjoy and have all of the privileges and benefits
conferred by State Statute, together with all future supplements and
amendments.
[Ord. #537; 1973 Code § 89-22; New]
Any person, association or corporation who or which shall make any false statements in any application or shall fail to keep the books and records required by law or shall falsely make any false entry therein or shall violate any of the provisions of the State Statute or of this chapter or any of the rules and regulations promulgated thereunder or any of the terms of the license issued may, upon conviction thereof after hearing by the Municipal Judge, be judged a disorderly person and be liable to the penalty established in Chapter 1, § 1-5 of this Code, and in addition thereto may be liable to the suspension or revocation of the license issued to them or it, and may likewise be declared ineligible to apply for a new or renewal license for one (1) year thereafter.
[Ord. #838, § 1]
As used in this section:
Shall mean any automobile or motor car with a carrying capacity
of not more than nine (9) passengers, not including the driver, used
in the business of carrying passengers for hire which is held out,
announced or advertised to run or operate or which is operated or
run over any of the streets of the Borough and which is hired by charter
or for a particular contract, or by the day or hour or other fixed
period or which charges a fare or price agreed upon in advance between
the operator and the passenger.
Shall mean the business of carrying passengers for hire by
limousines.
Shall mean any individual, partnership, association, or joint
stock company, their lessee, trustees or receivers appointed by any
court whatsoever.
[Ord. #838, § 2]
No person shall locate the principal place of business of a
limousine or livery service within the Borough without first securing
a permit from the Borough for each and such limousine or livery service.
[Ord. #838, § 3; Ord. #37-89, § 17]
Any person desiring to obtain a permit to operate a limousine
or livery service shall make application therefore to the Borough
Clerk for such a permit upon forms provided for that purpose. A separate
application shall be made and a separate permit issued for each limousine
or livery service operating within the Borough. The application shall
show or include the following:
a.
The name, address and telephone number of the applicant, and the
name, address and telephone number of an employee or office of the
applicant who shall act as liaison between the Borough and applicant.
b.
The name (including any trade name) address and telephone number
of the limousine or livery service located within the Borough of Midland
Park.
c.
An insurance policy of a company licensed to transact business under
the insurance laws of New Jersey in a sum not less than fifty thousand
($50,000.00) dollars against loss by reason of liability imposed by
law upon every limousine or limousine or livery service owner for
damages on account of bodily injury or death suffered by any person
as the result of an accident occurring by reason of the ownership,
maintenance or use of a limousine upon any public street. The insurance
policy shall provide for the payment of any final judgment recovered
by any person on account of the ownership, maintenance and use of
such limousine or any fault in respect thereto and shall be for the
benefit of every person suffering loss, damage or injury as aforesaid.
d.
A power of attorney in which the applicant shall appoint the Borough Chief Fiscal Officer as its true and lawful attorney for the purpose of acknowledging service of any process out of a Court of competent jurisdiction to be served against the limousine or livery service by virtue of the indemnity granted under the insurance policy referred to in Subsection c above.
e.
The fees and charges required are as follows: A separate application shall be made and a separate permit issued for each limousine or livery service operating within the Borough, such fees are contained in Chapter 90.
f.
A description of every limousine operated by the limousine or livery
service;
g.
The registration number of every limousine operated by the limousine
or livery service.
[Ord. #838, § 4]
a.
The Borough Clerk will have a minimum of three (3) working days to
review the application prior to issuing a limousine or livery service
license.
b.
Upon a determination that the application meets with the requirements
of this section and the requirements of N.J.S.A. 48:16-13 et seq.,
the Borough Clerk shall issue to the limousine or livery service a
permit and a certificate, in duplicate, showing that the owner of
the limousine or livery service has complied with the terms and provisions
of this section and N.J.S.A. 48:16-13 et seq. The certificate shall
recite:
[Ord. #838, § 5]
The permit shall be for the period of January 1 through December
31, of each year. Permits shall not be transferable. The fee for each
such permit shall not be prorated.
[Ord. #838, § 6]
a.
Any permit may be revoked by the Borough Clerk after notice to the
limousine or livery service for:
1.
Violation of any condition of the permit or of any provision of this
section;
2.
Violation of any provision of any other applicable ordinance or law
relating to the limousine or livery service; and
3.
If the insurance policy referred to above shall cease to be in force
to the full and collectable amount of fifty thousand ($50,000.00)
dollars.
b.
In the event that the insurance policy referred to above shall fail
to be in force, the limousine or livery service shall immediately
cease operations within the Borough.
c.
In the event of the happening of the event described in Subsection a1 or 2, the Borough Clerk shall deliver to the limousine or livery service written notice of any such violation. The notice shall contain a statement of the grounds relied upon for revoking the permit. The notice may be given by either personal delivery thereof to the person notified in the application as the liaison or by certified or registered United States mail, postage prepaid, addressed to the person listed in the application as the liaison.
d.
Except in the case of the failure of insurance coverage, prior to
the revocation of any permit the Mayor and Council shall require the
limousine or livery service to appear before it and show cause why
such permit shall not be revoked.
[Ord. #838, § 7; New]
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 841, 848 and 860.
[Ord. #5-92, § 1]
The purpose of this section is to provide standards and regulations
for various types of intrusion, burglar, and other emergency alarm
equipment which produce a visual or audible signal or function by
direct line, radio, telephone, or by any other means, that requires
a response by the Department of Police or other municipal agencies.
[Ord. #5-92, § 2]
The provisions of this section shall apply to any person or
company, other than the Borough who operates, maintains or owns any
alarm device, dial alarm, or local alarm designed to produce a visual
or audible signal of an event that requires a response from the police
or any other municipal department.
[Ord. #5-92, § 3]
As used in this section:
Shall mean an indicating device capable of receiving signals
of an event and displaying the type and location of said event. The
panel is connected directly to the alarm device by a dedicated telephone
line or through wiring maintained by the Borough. The panel is monitored
by Borough employees.
Shall mean any equipment or devices that signals the presence
of an event requiring a response from any municipal agency. In this
section the term "alarm system" shall include the terms: local alarm,
dial alarm, and direct alarm.
Shall mean any type of alarm system using standard telephone
lines directly calling the police switchboard to transmit a voice
message by a tape recording, digital voice storage or similar means.
Shall mean any type of alarm system transmitting a signal
to the "alarm panel" as defined above.
Shall mean any alarm system actuated by inadvertence, negligence,
intentional or unintentional act of a person other than an intruder,
mechanical failure, malfunctioning devices or improper installation
of the alarm system, signaling an event that does not in fact exist.
Shall mean any type of alarm system not described in "dial
alarm" or "direct alarm."
[Ord. #5-92, § 4]
a.
The registrant shall pay to the Borough an annual fee for the privilege
of being connected to the alarm panel in such sum to be determined
by the General Fee Ordinance of the Borough, which fee shall be payable
by January 30 of each year annually. Any registration made between
January 1 and December 31 shall pay the same fee, no fees shall be
prorated or refundable.
b.
The registrant shall pay the Borough a connection fee for the initial
hookup of any alarm to the alarm panel.
c.
If any registrant shall fail, neglect, or refuse to pay any charges
due the Borough the Police Chief is authorized on five (5) days written
notice to the registrant, to be delivered in person or by certified
mail to disconnect such alarm system. In such event the alarm system
shall not be reconnected except upon payment of all arrearages, as
well as a reconnection fee.
d.
Any alarm sounding an audible signal shall have a device to shut
off the audible signal within twelve (12) minutes.
[Ord. #5-92, § 5]
a.
All dial alarms shall be coded to dial a separate special number
provided by the Chief of Police. No dial alarm shall be coded to dial
the general police number.
b.
All dial alarms shall be capable of being disconnected to allow a
call to police headquarters in the event of a false alarm.
c.
The registrant shall pay to the Borough an annual fee in such sum
to be determined by the General Fee Ordinance of the Borough, which
fee shall be payable by January 30 of each year annually. Any registration
made between January 1 and December 31 shall pay the same fee, no
fees shall be prorated or refundable.
d.
If any dial alarm hereafter shall be found to be dialing the general
police number rather than the special number, the Chief of Police
shall send the person in whose name the telephone is listed a written
notice requiring compliance with this section. If the occupant or
telephone subscriber fails to comply within thirty (30) days after
service of said notice, said failure shall constitute a violation
of this section. Each and every day that this section is not complied
with shall constitute a separate offense.
e.
The contents of a dial alarm message shall be clear and intelligible
and in the format approved by the Chief of Police, no such message
shall be transmitted more than three (3) times as a result of a single
event. Messages shall not exceed fifteen (15) seconds and the time
gap between each shall not exceed ten (10) seconds.
f.
Any alarm sounding an audible signal shall have a device to shut
off the audible signal within twelve (12) minutes.
[Ord. #5-92, § 6]
a.
All alarms shall be capable of being disconnected to allow a call
to Police Headquarters in the event of a false alarm.
b.
The registrant shall pay to the Borough an annual fee in such sum
to be determined by the General Fee Ordinance of the Borough, which
fee shall be payable by January 30 of each year annually. Any registration
made between January 1 and December 31 shall pay the same fee, no
fees shall be prorated or refundable.
c.
Any alarm sounding an audible signal shall have a device to shut
off the audible signal within twelve (12) minutes.
[Ord. #5-92, § 7]
a.
No person shall operate or maintain any alarm system unless the system
has been registered with and approved by the Chief of Police.
b.
A separate registration will be required for each address and or
type of alarm. Multiple events reported on the same type of alarm
shall only require one (1) registration.
c.
A change of ownership, lease, or occupancy of property or building,
or type of alarm shall require a new registration.
d.
All registrants are required to register their alarm no matter what
the type, with the Chief of Police on a form which shall include:
the name, type, and location of the device; the name, address, and
twenty-four (24) hour telephone number of the alarm installer or person
responsible for its maintenance; a list of persons, including a person
who resides outside the premises in which the alarm is installed to
be contacted in the event of an alarm; the person responsible to remit
any fees or fines assessed under this section, and all other information
as may be required by the Chief of Police.
e.
No further registration will be required unless a change occurs in
the information previously submitted with respect to any alarm system.
It shall be the duty of the occupant of a building served by an alarm
system within ten (10) days of any change in the registration information
to notify the Chief of Police by completing a new registration form.
Failure to comply with these provisions will be deemed a violation
of this section.
f.
Each registrant agrees to indemnify and hold harmless the Borough
of Midland Park, its agents, servants and employees from and against
all claims, suits, damages, costs, losses, and employees from any
and all liability or damages in any way resulting from or arising
out of or connected with the installation, operation, or maintenance
of the alarm system or any act or omission connected therewith.
g.
The Borough Clerk shall prepare and issue bills on or before December
31st of the preceding year for billing upon information provided by
the Chief of Police.
[Ord. #5-92, § 8]
a.
Any false alarm shall immediately be reported to the Police Department.
b.
In the event of the occurrence of three (3) false alarms in a calendar
year, the alarm user shall within three (3) days after receiving written
notice from the Chief of Police, either in person or by certified
mail, complete a written report to the Chief of Police setting forth
the cause of the false alarms, the corrective action taken, a statement
as to whether the alarm system has been inspected by an alarm service
company, and such other information as the Chief of Police may reasonably
require.
c.
A written notice by the Chief of Police shall be given upon the third
occurrence of a false alarm in the calendar year, thereafter, a service
fee shall be assessed, such sum to be determined by the General Fee
Ordinance of the Borough.
d.
In addition to the service fee if the fourth or subsequent false
alarms have resulted due to failure of the alarm system user to take
corrective measures to have alarm system comply with this section,
the owner of said alarm system shall disconnect the alarm system within
ten (10) days after written notice from the Chief of Police. Notification
to be made either in person or by certified mail. Upon failure to
disconnect after said notice, such failure shall constitute a violation
of this section. Each and every day said owner shall fail to comply
shall constitute a separate offense. If the alarm system is a direct
alarm the Chief of Police may disconnect said alarm from the alarm
panel.
e.
Failure to remit the required service fee, or misuse of the permitted
number of false alarms, shall constitute a violation of this section
and may result in the revocation of the registration.
[Ord. #5-92, § 9]
a.
Any person testing an alarm system covered by the provisions of this
section shall notify police headquarters immediately prior to and
after the testing is completed. Failure to do so constitutes a violation
of this section.
b.
Any person whose alarm system is connected to the Borough Fire Alarm
System where an alarm condition would result in the sounding of sirens,
horns, or whistles shall notify the Chief of Police at least twenty-four
(24) hours before testing to allow such system to be disconnected
from the Borough Alarm Panel. Failing to notify the Police Chief before
testing constitutes a violation of this section.
[Ord. #5-92, § 10]
a.
Every registrant shall, by acceptance of the registration, be deemed
as having consented to inspection of the alarm system at reasonable
hours by the Chief of Police or his designated representative.
b.
Any unauthorized equipment may be disconnected by the Chief of Police
or his designated representative for noncompliance with this ordinance.
Maintaining or installing unauthorized equipment shall be a violation
of this section.
c.
In addition to the penalties herein otherwise set forth the Chief
of Police may revoke any registration upon ten (10) days' written
notice, to be served in person or by certified mail, when the Chief
of Police has determined that the alarm owner or registrant has failed
to make the proper repairs and has failed to comply with this section.
[Ord. #5-92, § 11]
The Chief of Police shall from time to time promulgate written
rules and regulations supplementing this section in order to provide
for the efficient management of the same. Said rules shall be effective
upon approval of the Mayor and Council.
[Ord. #5-92, § 12]
If any article, section, or subsection of this section shall
be found unconstitutional or invalid, such provisions shall be deemed
severable.
[Ord. #5-92, § 13]
Every person, firm or corporation who violates or fails to comply
with any of the provisions of this section of the Code for which no
other specific penalty is provided shall, upon conviction thereof,
be subject to a fine in an amount not exceeding one hundred ($100.00)
dollars for each violation.
[Ord. #866, § 1]
As used in this section:
Shall mean and include all sales called, "garage sale", "lawn
sale", or any similar casual sale of tangible personal property which
is advertised by any means whereby the public at large is or can be
made aware of the sale.
Shall mean and include individuals, partnerships, voluntary
associations and corporations.
[Ord. #14-93, § 1]
A garage sale may be conducted on any one property not more
than three times within a twelve (12) month period and no such sale
shall be conducted for more than two (2) consecutive calendar days.
In no event shall more than one (1) garage sale be conducted on a
property in any calendar month. There shall be no fee charged by the
Borough for any garage sale.
[1]
Editor's Note: Former § 4-16.2, Licenses, containing
portions of Ordinance No. 866, was repealed in its entirety by Ordinance
No. 14-93.
[Ord. #866, § 3; Ord. #14-93, § 2]
a.
All garage sales shall be conducted between the hours of 8:00 a.m.
and 8:00 p.m.
b.
All signs relating to any garage sale shall have a space allotted
thereon upon which shall be placed the name and address of the person
running the sale. The signs shall not be posted prior to the date
of the garage sale and shall be removed within forty-eight (48) hours
after the completion of the sale.
c.
The owner and occupant of the premises on which such sale or activity
is conducted shall be jointly and severally responsible for the maintenance
of good order and decorum on the premises during all hours of such
sale activity. No such person shall permit any loud or boisterous
conduct on said premises nor permit vehicles to impede the passage
of traffic on any roads or streets in the area of such premises. All
such persons shall obey the reasonable orders of any member of the
police or Fire Departments of the Borough of Midland park in order
to maintain the public health, safety and welfare.
[Ord. #866, § 4]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a Court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any persons selling or advertising for sale not more than five (5)
items of personal property which are specifically named or described
in the advertisement and which separate items do not exceed five (5)
in number.
d.
Any publisher of a newspaper, magazine or other publication or other
communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character or without
knowledge that the provisions of this section have not been complied
with.
e.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the Land Development Regulations of the Borough of
Midland Park or under the protection of the nonconforming use section
thereof or any other sale conducted by a manufacturer, dealer or vendor
and which sale would be conducted from properly zoned premises and
not otherwise prohibited by any such other ordinance or Statute.
f.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this paragraph shall
be on the organization or institution claiming such exemption.
[Ord. #866, § 5]
This section shall be enforced by the Chief of Police, the Zoning
Officer, Construction Official and such other employees, officers
or agents which may be designated by resolution of the Mayor and Council.
It shall also be the duty of the Enforcing Officer to investigate
any violation of this section coming to his attention, whether by
complaint or arising from his personal knowledge, and if a violation
is found to exist, he shall file a complaint before the local Municipal
Court pursuant to the provisions of this section. It shall also be
the duty of the Police Department to bring to the attention of the
Chief of Police for further investigation any violations of this section
of which the Police Department becomes aware during the course of
its normal duties.
[Ord. #866, § 6]
Any person, association or corporation conducting any such sale
or similar activity without being properly licensed therefor or who
shall violate any of the other terms and regulations of this section,
shall upon conviction, be liable to the following penalties:
a.
Upon conviction of violation of this section for the first time,
the violator shall be fined not less than twenty-five ($25.00) dollars
nor more than one hundred ($100.00) dollars;
b.
Upon conviction of violation of this section for the second time,
the violator shall be fined not less than one hundred ($100.00) dollars
nor more than four hundred ($400.00) dollars or shall be imprisoned
for a term not to exceed thirty (30) days or shall be ordered to perform
not more than thirty (30) days of community service or any combination
thereof;
c.
Upon conviction of violation of this section for a third time, the
violator shall be fined not less than two hundred fifty ($250.00)
dollars nor more than one thousand ($1,000.00) dollars or shall be
imprisoned for a term not to exceed sixty (60) days or shall be ordered
to perform not more than sixty (60) days of community service or any
combination thereof;
d.
Upon conviction of violation of this section for a fourth time, the
violator shall be fined not less than five hundred ($500.00) dollars
nor more than one thousand ($1,000.00) dollars or shall be imprisoned
for a term not to exceed ninety (90) days or shall be ordered to perform
not more than ninety (90) days of community service or any combination
thereof.
[Ord. #5-98, § 1]
As used in this section:
Shall mean the Borough of Midland Park.
Shall mean any person responsible for placing or maintaining
a pay telephone.
Shall mean any self-service or coin or credit card operated
telephone or telephones located in or over a public sidewalk or public
street.
Shall mean an individual, business, firm, corporation, association,
partnership, or other organization or group of persons.
Shall mean that area of a public street dedicated to public
use for pedestrian traffic. The public sidewalk shall include those
areas between the curb and the sidewalk where such areas exist, and
areas beyond the sidewalk, if dedicated to public use.
Shall mean all that area dedicated to public use for public
street purposes and shall include but not be limited to roadways,
parkways and alleys.
[Ord. #5-98, § 2]
a.
No person may place or maintain any pay telephone on or above any
public street or public sidewalk within the Borough of Midland Park
without having first obtained a permit as provided in this section.
Permits shall be issued by the Borough Administrator, or her/his designee,
subject to approval of the location and means of installation of the
pay telephone as set forth hereinafter. Permits or denial thereof,
with reasons set forth in the event of denial, shall be issued within
ten (10) working days of receipt by the Borough Administrator, or
her/his designee, of a completed application for such permits. A completed
application is an application filed with the Borough Administrator,
or her/his designee, which furnishes all of the information required
by this section.
A permit shall be issued for a term of one (1) year, which shall
be a calendar year commencing January 1 and terminating December 31.
Fees shall be prorated on a monthly basis, but not for any portion
of a month.
b.
Before receiving a permit, the applicant shall submit to the Borough
Administrator, or her designee, a survey or drawing, certified by
the applicant to be correct, showing the public street and sidewalk,
the nearest property line and a plan or sketch of the pay telephone
in sufficient detail to describe the size, location, equipment, and
means of installation.
c.
The fee for a permit shall be two hundred ($200.00) dollars per telephone
for the first year and fifty ($50.00) dollars per telephone for each
year thereafter. In the event that a permit is issued for a partial
year, the two hundred ($200.00) dollar fee shall be prorated over
the first twelve (12) months of the permit upon renewal, namely a
fee of two hundred ($200.00) dollars shall be paid for the first twelve
(12) months that a permit shall be issued and shall thereafter be
adjusted to an annual fee of fifty ($50.00) dollars per calendar year.
1.
Notwithstanding the above, no fee shall be charged for permits pertaining
to pay telephones furnished by the Borough of Midland Park as an accommodation
to the public.
d.
Before receiving a permit, an applicant shall:
1.
Execute an indemnification agreement substantially as follows:
"The applicant and any other persons on whose behalf the application
is made agree to defend, indemnify and hold harmless the Borough of
Midland Park against liability for all claims for damage to property,
or injury to or death of persons, arising out of or the control, maintenance
or ownership or use of each pay telephone."
2.
File with the Borough Administrator, or her designee, evidence of
a general liability insurance policy, in form and content approved
by the Borough Attorney, of one million ($1,000,000.00) dollars for
bodily injury and five hundred thousand ($500,000.00) dollars for
property damage naming the Borough of Midland Park as additional insured
against any injury, loss or damage that may result from placing or
maintaining the pay telephone on or above the sidewalk.
3.
Submit a refundable cash deposit, maintenance bond, or other security
acceptable to the Borough of Midland Park of three hundred fifty ($350.00)
dollars for each pay telephone to cover the cost of removal and repair
to the street or sidewalk. Said deposit shall be returned to the licensee
when the telephone is removed and the location inspected by the Department
of Building and Inspections.
4.
Submit proof of its authority to install a pay telephone. Such authority
shall be a signed statement from the Board of Public Utilities and
the telephone company to which the pay telephone will be tied, e.g.,
Bell Atlantic.
5.
Submit proof of consent to the installation and use from the adjacent
property owner or property owners as required in § 4-17.7c7.
e.
The issuance of a permit under this ordinance shall not be deemed
to supersede any requirements of the State Uniform Construction Code
or other Federal, State, County or municipal laws, ordinances or regulations.
No permit shall be issued to erect or install a public sidewalk or
public street pay telephone in any place in other zones of the Borough
except along public sidewalks and public streets as herein defined.
No advertising, signs for publicity purposes other than those dealing
with the actual use of the pay telephone shall be permitted on the
pay telephone or its surround or structure. The erection of any pay
telephones, not within the public street or public sidewalk, shall
be subject to Chapter 118 of the Code of the Borough of Midland Park,
Zoning, and Chapter 113, the Site Plan Review Ordinance.
f.
Pay telephones shall have only one primary identification sign, which
shall not exceed two and one-half (2.5) square feet and not be free
standing, but attached to the phone structure.
[Ord. #5-98, § 3]
b.
Pay telephones shall permit a caller directly to select the long-distance
company to carry a call without any incremental charges, except as
may be otherwise permitted by applicable tariffs filed with the New
Jersey Board of Public Utilities.
c.
The following current rates, including the rates for the initial
time period and for any additional time periods, as applicable, shall
be posted on each pay telephone in a clear and readable form:
1.
Local call rates.
2.
Long-distance rates or toll free numbers for customers to call to
determine specific rates.
3.
Surcharges for long-distance calls, if applicable, whether those
surcharges apply to calls carried by the pay telephone company on
its own facilities or by any other long-distance company.
4.
Operator assistance rates.
d.
The following information shall be clearly posted on each pay telephone:
1.
The identity of the local interchange company, the long distance
company, and the operator assistance company that normally process
or carry calls from the pay telephone.
2.
A toll-free number that a caller can use to obtain information on
the rates, the surcharges, or the terms and conditions applicable
to calls placed from the pay telephone.
3.
A toll-free number that a caller can use for the resolution by the
pay telephone company of a billing or a service complaint.
[Ord. #5-98, § 4]
a.
Pay telephones shall comply with the following standards:
1.
Provide dial tone at all times when the receiver is taken off hook
(when receiver is removed from its normal holder).
2.
Restrict incoming calls: that is, the telephone shall be used only
for outgoing calls.
3.
No enclosed booth shall surround a pay telephone, although soundproof
panels may separate each telephone in a multi-phone installation.
4.
Each coin-operated pay telephone shall be equipped with a coin-return
mechanism to permit a caller to obtain an immediate refund of all
monies deposited, when applicable. The coin-return mechanism shall
be maintained in good working order.
5.
Each pay telephone shall have affixed to it, in a place visible to
everyone using the pay telephone, the name and address of the Distributor
and the telephone number of a working telephone service to report
a malfunction or secure a refund.
6.
Pay telephones shall be maintained in a neat and clean condition
and in good repair at all times. Without limiting the generality of
the foregoing, a pay telephone shall be serviced and maintained so
that:
(a)
It is reasonably free of chipped, faded, peeling and cracked
paint on the visible painted areas thereof;
(b)
It is reasonably free of rust and corrosion on the visible unpainted
metal areas thereon;
(c)
Any clear plastic or glass parts are unbroken and reasonably
free of cracks, dents, blemishes and discolorations;
(d)
Any paper or cardboard parts or inserts are reasonably free
of tears, peeling or fading;
(e)
The structural parts thereof are not broken or unduly misshapen;
(f)
The telephone receiver is attached to the telephone; and
(g)
It is free of graffiti.
7.
Each pay telephone shall be restricted to outgoing calls only.
8.
Any distributor or pay telephone company that fails to maintain its
pay telephone in good working condition shall be given a ten (10)
day written notice by the Borough Administrator, or her/his designee,
to repair the pay telephone. If the pay telephone is not in good working
condition at the end of the ten (10) day period, the Borough Administrator,
or her designee, may revoke the permit.
9.
If telephone books or other written manuals are provided, they shall
be maintained in good condition to insure readability.
10.
Each pay telephone shall comply with the requirements set forth in
the Americans With Disabilities Act.
[Ord. #5-98, § 5]
a.
No pay telephone shall be permitted to rest upon, in or over any
street or sidewalk when such installation, use or maintenance shall:
1.
By determination of the Borough Administrator, or her/his designee,
unreasonably interferes with or impedes the flow of pedestrian or
vehicular traffic, including any legally parked or stopped vehicles;
or
2.
By determination of the Borough Administrator, or her/his designee,
unreasonably interferes with the ingress or egress from any residence
or place of business; or
3.
By determination of the Borough Administrator, or her/his designee,
interferes with the use of traffic signs or signals, hydrants or mailboxes
permitted at or near said location.
b.
Pay telephones shall be placed, or otherwise secured, so as to prevent
their being blown down or around the street or sidewalk, but shall
not be chained or otherwise secured, to any traffic or street signs,
signals, hydrants or mailboxes.
c.
No pay telephones shall be placed, installed, used or maintained:
1.
Within five (5') feet of any marked crosswalk;
2.
Within four (4') feet of a curb;
3.
Within twenty (20') feet of any fire hydrant, fire call box, police
call box, or other emergency facility;
4.
Within five (5') feet of any driveway;
5.
Within three (3') feet of any public area improved with a lawn, flowers,
shrubs, trees or other landscaping;
6.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than ten (10') feet;
7.
Within three (3') feet of any building unless written permission
is secured from the property owner and filed with the application;
wall mounted telephones shall not extend more than twenty (20") inches
from the wall; ground mounted telephones shall not extend further
than twenty-four (24") inches from the wall.
8.
Within ten (10') feet of a bus shelter;
d.
In the event that a particular pay telephone does not meet the requirements
set forth herein, an applicant may apply to the Borough Administrator,
or her/his designee, may issue a waiver if, in her/his judgment, strict
application of this section results in an undue hardship and that
a waiver can be granted without substantial detriment to the public
health, safety, and welfare.
e.
Pay telephones shall not be placed in sidewalks in front of street
addresses or within one hundred (100') feet, measured along the street
frontage measured on both sides of the street, from the property line
of street addressees in either direction, where there appears to be
continuous criminal activity. "Continuous criminal activity" means
a location or locations, which has or have generated more than four
(4) criminal reports in any one (1) month or more than twelve (12)
criminal reports within a year.
f.
No pay telephone shall be placed within five hundred (500') feet,
measured along the street frontage, of any other pay telephone on
the same side of the street.
[Ord. #5-98, § 6]
a.
The distributor or pay telephone company shall remove any pay telephone
within ten (10) days following notice by the Borough Administrator,
or her/his designee, should the Borough determine that such pay telephone
interferes with the repair or improvement of any street, sidewalk,
or public place. Upon the completion of such repair or improvement,
the applicant may reinstall such pay telephone without additional
fee.
b.
The applicant shall remove any pay telephone within ten (10) days
following revocation or nonrenewal of a permit.
[Ord. #5-98, § 7]
a.
Upon the receipt of a written complaint that the location or use
of a pay telephone constitutes a threat to the health, safety, or
welfare of the community, or violates any terms of this section or
any other ordinances of the Borough of Midland Park or other Federal,
State, or County laws or ordinances, the Borough Administrator, or
her/his designee, shall conduct a hearing after providing written
notice of same at least ten (10) days in advance thereof to all affected
parties to ascertain whether the location and use of the pay telephone
constitutes a threat to the health, safety or welfare of the community.
If the Borough Administrator, or her/his designee, finds grounds for
revocation pursuant to the authority conferred by this section, she/he
will revoke any permit issued by the Agency for the use of the pay
telephone. She/he may also order such other relief as she/he deems
fair and consistent with the health, safety and welfare of the community.
[Ord. #5-98, § 8]
All existing pay telephone owners or operators shall have a
period of sixty (60) days from the effective date of this section
to obtain the permits required by the section. The Borough Administrator,
or her/his designee, reserves the right to reject any and all locations
submitted for approval if a location or installation is not in conformity
with this section.
[Ord. #5-98, § 9]
Any violation of this section shall subject the violator to
the penalty provisions set forth in the Borough Code.
[Ord. #8-99, § 1]
The purpose of this section is to establish a procedure and
adopt rules and regulations for the licensing of outdoor cafes in
the B-1, B-1-A (Special District A), B-2 and B-3 Business Districts.
[Ord. #8-99, § 2]
As used in this section, the following terms shall have the
meanings set forth below:
Shall mean any eating establishment where food and other
refreshments are served upon the public right-of- way, namely the
sidewalks immediately in front of any restaurant, cafe, cafeteria
or place of business where food and/or other refreshments are served,
or where permitted on private property pursuant to the Land Use Ordinance.
To qualify as an outdoor cafe, the eating establishment must have
interior seating.
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 an eating establishment.
[Ord. #8-99, § 3]
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
upon the sidewalks of the Borough of Midland Park, or on private property,
unless such person shall hold a currently valid license issued pursuant
to the terms of this section.
[Ord. #8-99, § 4]
No license shall be issued hereunder unless the licensee shall
demonstrate that a minimum of six (6') feet of continuous unobstructed
paved surface will be available for pedestrian traffic around or through
such outdoor cafe and that such outdoor cafe be directly in front
of an eating establishment as hereinabove defined. The minimum requirement
for continuous unobstructed paved surface on a walkway within a shopping
plaza shall be four (4') feet. No food or drinks served at such outdoor
cafe shall be prepared or stored other than in the interior of the
eating establishment. The term "directly in front of" shall confine
the cafe to the area represented by an extension of each side of the
store occupied by the eating establishment projected directly to the
curbline immediately in front thereof.
[Ord. #8-99, § 5]
Application for the license required hereunder shall be made
to the Construction Code Official 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 materials, 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 shall 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.
f.
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.
7.
An annual application fee of one hundred ($100.00) dollars for the
issuance of a license to operate an outdoor cafe in the business districts
as set forth in this section. Such fee shall be applicable as to any
outdoor cafes permitted under this section or applicable land use
regulations of the Borough of Midland Park.
[Ord. #8-99, § 6]
The Construction Code Official will review the application for
completeness and compliance with the terms of this section. If the
application is complete, the Construction Code Official will act upon
the same within ten (10) business days of the submittal of the application
or within ten (10) business days after the application becomes complete.
If the application is not complete, the Construction Code Official
will so notify the applicant within ten (10) business days of the
submission and specifically detail the areas in which the application
lacks compliance with the requirements of this section.
[Ord. #8-99, § 7]
If the application complies with the section, the Construction
Code Official shall issue a license strictly subject to the terms
and conditions of this section.
[Ord. #8-99, § 8]
The license 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.
[Ord. #8-99, § 9]
Acceptance of the license by the applicant shall operate as
a consent to the Health, Fire, Police and Building Officials of the
Borough of Midland Park to inspect the outdoor cafe for continued
compliance with the terms and conditions of this section and any Federal,
State, County or local law, ordinance or regulation affecting the
same.
[Ord. #8-99, § 10]
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 Construction Code Official a statement agreeing to indemnify
and hold harmless the Borough of Midland Park, 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.
[Ord. #8-99, § 11]
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 Construction Code Official 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 Midland Park, 280 Godwin Avenue,
Midland Park, New Jersey 07432, 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
|
$1,000,000
|
|
Each accident
|
$1,000,000
|
|
Property damage, each person
|
$1,000,000
|
|
Each accident
|
$1,000,000
|
|
Alternative combined single limit
|
$1,000,000
|
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 Construction Code Official 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 Construction Code
Official and a letter in writing confirming the new effective date
of the license is issued by the Construction Code Official.
[Ord. #8-99, § 12]
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.
[Ord. #8-99, § 13]
Any license issued hereunder is issued solely as a revocable
license, which shall be subject to revocation or suspension by the
Borough Administrator, or the Administrator's designee, 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.
[Ord. #8-99, § 14]
It shall be unlawful for any person to operate an outdoor cafe
after the suspension or termination of the applicable license.
[Ord. #8-99, § 15]
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 occasioned by the cafe. Areas must be cleaned as needed
and at the time that business is closed and at the beginning of each
business day, but not later than 9:00 a.m.
[Ord. #8-99, § 16]
No vending machines of any kind are permitted on the exterior
of any building operating an outdoor cafe.
[Ord. #8-99, § 17]
No signs shall be permitted in the area of the outdoor cafe
except signs on the awnings complying with the Sign Ordinance of the
Code of the Borough of Midland Park. Outdoor umbrellas located in
the outdoor cafe shall be exempt from the Sign Ordinance of the Borough
of Midland Park.
[Ord. #8-99, § 18]
In addition to the powers of suspension or revocation as set
forth above, the Borough of Midland Park 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, in the event 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 any emergency, which emergency is certified by the Borough
Administrator, the license may be suspended or revoked without notice.
[1]
Editor's Note: Former § 4-18.19, Consumption of
Alcoholic Beverages Prohibited, adopted or amended by Ord. #8-99,
§ 19, was repealed 6-11-2020 by Ord. No. 09-20.
[Ord. #8-99, § 20; amended 6-11-2020 by Ord. No. 09-20]
Outdoor cafes shall be permitted to operate throughout the calendar
year from January 1 to December 31. The license, when issued, shall
be valid for the entirety of the calendar year for which it was issued.
[Ord. #8-99, § 21]
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, curb or sidewalk or property of the Borough of Midland Park
within or near the licensed area.
[Ord. #8-99, § 22]
The licensee agrees at the end of the license period, or in
the event that the license is temporarily or permanently suspended
or revoked, that the licensee will at his own cost and expense, vacate
the sidewalk space and promptly remove any property placed thereon.
Failure to do so on five (5) days written notice shall grant to the
Borough of Midland Park the right to remove any property on the sidewalk
and the licensee agrees to reimburse the Borough for the cost of removing
and storing the same.
[Ord. #8-99, § 23]
The licensee shall not direct or permit to be directed to or
from the area occupied by the outdoor cafe any bell, chime, siren,
whistle, loudspeaker, public address system, radio, sound amplifier
or similar device.
[Ord. # 8-99, § 24]
No outdoor cafe shall open for business prior to 7:00 a.m. nor
remain open for business after 10:00 p.m. All persons occupying the
outdoor cafe shall vacate the same no later than 10:30 p.m.
[Ord. #8-99, § 25]
No eating establishment shall operate an outdoor cafe unless
table service is provided to the patrons utilizing the seating in
the outdoor cafe area.
[Ord. #02-10 § 1]
There is hereby established a license procedure to permit a
Farmer's Market. Each vendor who operates in the market shall be required
to obtain a license from the Board of Health designated by the Borough
Administrator.[1] The license shall be entitled "Seasonal Agricultural Market
License."
[Ord. #02-10 § 2]
The Borough Administrator is hereby authorized and directed
to establish rules and regulations for the operation and conduct of
the Farmer's Market. Each licensee shall be required to comply with
the rules and regulations established by the Borough Administrator
and Board of Health. Additionally, the Borough Administrator is hereby
authorized and directed to establish rules and regulations for the
operation and conduct of all persons on site, including the sponsors
and participants who are not licensees under this section. The operator
and vendors shall remove, on a daily basis, all garbage and debris
from the premises.
[Ord. #02-10 § 3]
In the event that an operator is determined by the Borough Administrator
to have violated any of the terms and conditions of the license or
the rules and regulations established by the Borough Administrator
and Board of Health, the Administrator shall have the authority to
revoke or suspend the license.
[Ord. #02-10 § 4]
Each applicant for a license shall complete an application form
to be prepared by the Borough Administrator. The license shall be
valid only for the balance of the calendar year in which it is issued.
No license shall be transferable or assignable. The license shall
be on display on public view at all times.
Each operator shall comply with all health and safety regulations
and laws and each operator's area of operation shall be subject, at
all times, to inspection by proper Borough officials, including Health,
Fire and Safety. In addition, each operator shall be required to maintain
liability insurance in the amount of $1,000,000/$3,000,000, and a
copy thereof shall be provided to the Borough Administrator prior
to the commencement of operations.
