[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, § 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. #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.
[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.