[New]
Every license issued, except as otherwise provided in this revision
or any ordinance of the borough, shall state the object for which
it is granted, the name of the licensee, the license number and the
expiration date, which shall be December 31, following the date of
issuance.
[Ord. 11/21/72]
The purpose of this section is to prohibit uninvited peddling
or solicitation of sales at private residences.
[Ord. 11/21/72]
The practice of going in and upon private residences in the
borough by transient merchants, itinerant merchants, itinerant vendors,
peddlers, canvassers, solicitors, salesmen or other of like occupation,
not having been requested or invited to do so by the owner or occupant
of such private residence, for the purpose of soliciting orders for
the sale of goods, wares and merchandise, magazines, services or the
like or for the purpose of disposing of or peddling or hawking the
same, is hereby declared to be a nuisance and is hereby specifically
prohibited.
[Ord. No. 5-48]
As used in this section:
Shall mean any person who is engaged in the business of buying
or selling or collecting old rope, old iron, old brass, old copper,
old lead or other old metal, old or used glass or glassware, used
or secondhand building materials, rags, glass or paper and any other
debris, material or refuse of similar character, and not having a
fixed place of business within the borough for the purposes therefor.
[Ord. No. 5-49]
No person shall have, conduct or engage in the business of junk
dealer without first obtaining a license therefor from the mayor and
council.
[Ord. No. 5-50]
The term of the license issued under this section shall be for
one year commencing January 1st and ending December 31. The fee for
such license shall be twenty-five ($25.00) dollars per year.
[Ord. No. 5-51]
Applications for licenses shall be made to the mayor and council.
The license shall not be issued unless payment of the license fee
is first made.
[Repealed by Ord. No. 5-87]
[Ord. No. 5-10]
As used in this section:
a.
SIGN — Shall mean any written, painted or printed matter, or
other form or reproduction thereof.
b.
COMMERCIAL HANDBILL – Shall mean any printed or written matter,
any sample or device, dodger, circular, leaflet, pamphlet, paper,
booklet or any other printed or otherwise reproduced original or copies
or any matter or literature:
1.
Which advertised for sale any merchandise, product, commodity or
thing; or
2.
Which directs attention to any business or mercantile or commercial
establishment or other activity, for the purpose of either directly
or indirectly promoting the interests thereof by sales; or
3.
Which directs attention to or advertised any meeting, theatrical
performance, exhibition, or event of any kind, for which an admission
fee is charged for private gain or profit; but this paragraph shall
not apply where an admission fee is charged or a collection taken
up for the purpose of defraying the expense incident to such meeting,
theatrical performance, exhibition or event of any kind held, given
or taken place in connection with the dissemination of information
which is not restricted under the ordinary rules of decency, good
morals, public peace, safety and good order; provided that nothing
contained herein shall be deemed to authorize the holding, giving
or taking place of any meeting, theatrical performance, exhibition
or event of any kind without a license, where such license is required
by any law of the State or under ordinance of the borough; or
4.
Which, while containing reading matter other than advertising matter,
is predominantly and essentially an advertisement, and is distributed
or circulated for advertising purposes, or for the private benefit
and gain of any person so engaged as advertiser or distributor; or
5.
Which is not covered by the definition of sign, in paragraph a.
c.
NON-COMMERCIAL HANDBILL – Shall mean any printed or written
matter, any sample or device, dodger, circular, leaflet, pamphlet,
newspaper, magazine, paper booklet or any other printed or otherwise
reproduced original copies or any matter or literature not included
in the definitions of a sign in paragraph a, or a commercial handbill
in paragraph b, or a newspaper in paragraph d.
d.
NEWSPAPER – Shall mean any newspaper of general circulation
as defined by general law, any newspaper duly entered with the United
States Postal Service in accordance with federal statute or regulation
and any newspaper filed and recorded with any recording officer as
provided by general law; and in addition thereto, shall mean and include
any periodical or current magazine sold to the public and regularly
published at least four times per year.
e.
BILLPOSTER – Shall mean and include any person engaging in
the business for hire of posting, fastening, nailing or otherwise
affixing any sign containing a message or information of any kind
whatsoever, to any outdoor billboard or to or upon any bridge, fence,
pole, post, sidewalk, tree or to or upon the exterior of any other
structure, except that the terms of this definition shall not apply
to nor include any such sign mounted on, fastened to or suspended
from the outside of any building or other structure, in accordance
with and authorized by any provisions of any ordinance or statute,
for any public convenience or use, or regulating the construction
or use of so-called outdoor display signs, whether such display signs
are illuminated or not.
f.
HANDBILL DISTRIBUTOR – Shall mean and include any person engaging
in the business for hire or gain or distributing commercial or non-commercial
handbills, other than newspapers distributed to subscribers thereof,
and any person receiving compensation, directly or indirectly, for
the distribution of such handbills.
[Ord. No. 5-11]
The general purpose of this section is to protect persons against
the nuisance of an incident to the promiscuous distribution of handbills
and circulars, particularly commercial handbills, as herein defined,
with the resulting detriment and danger to public health and safety.
Public interest, convenience and necessity require the regulation
thereof. To that end the purposes of this section are more specifically
declared to be as follows:
a.
To protect persons against the unlawful activities or operations
of dissolute persons of criminal habits or tendencies, representing
themselves as solicitors, canvassers or handbill distributors, by
requiring the registration of all such solicitors, canvassers or handbill
distributors, together with the names of their employers, and by regulating
the business of handbill and advertising distribution through the
imposition of reasonable license fees.
b.
To protect local residents against trespassing by solicitors, canvassers
or handbill distributors upon the private property of such residents
if they have been given reasonable notice that they do not wish to
be solicited by such persons or do not desire to receive handbills
or advertising matter.
c.
To protect persons against the health and safety menace and the expense
incident to the littering of the streets and public places by the
promiscuous and uncontrolled distribution of advertising matter and
commercial handbills.
d.
To preserve to the people their constitutional right to receive and
disseminate information not restricted under the ordinary rules of
decency and good morals and public order, by distinguishing between
the nuisance created by the promiscuous distribution of advertising
and commercial circulars and the right to deliver non-commercial handbills
to all who are willing to receive them.
[Ord. No. 5-12]
The provisions of this section shall not be deemed to apply:
a.
To the distribution of mail by the United States, nor to newspapers as defined in paragraph d of subsection 4-6.1.
b.
To any person advertising his business or activity upon his own premises,
when such business or activity is regularly established at a definite
location in the borough, and when a license has been obtained therefor,
if such license is required under the terms of any applicable law
or ordinance.
[Ord. No. 5-13]
It shall be unlawful for any person to engage in a business
of a billposter or as a handbill distributor, or for any person to
distribute commercial or non-commercial handbills, without first obtaining
a license therefor issued by the mayor and council after approval
by the chief of police.
[Ord. No. 5-14]
a.
Applications for a license to engage as a principal, in the business of a billposter or handbill distributor, shall be made in writing to the mayor and council and shall be accompanied by the license fee, if any, provided in subsection 4-6.6. The application shall, be made on a form provided for such purpose, or upon any form containing, but not by way of limitation, the name, the business address and a brief description of the nature of the business to be conducted by the applicant, the probable number of agents and employees so to be engaged, together with a request for a license for the period for which the applicant seeks to engage in such business.
b.
Every person who desires to hand out or distribute, without charge
to the receiver thereof, any noncommercial handbill, where permitted,
shall make written application to the mayor and council for a license
therefor, to which a copy of the handbill sought to be so distributed
shall be attached. The application shall state when and where it will
be distributed, the names and addresses of the person to be engaged
in the distribution thereof, the person who is sponsoring or who shall
be responsible for the distribution thereof, and an enumeration of
the day during any part of which the same will be distributed at the
places mentioned in the application.
c.
The mayor and council shall forward such applications to the chief
of police who, after investigation, shall indicate thereon his approval
or disapproval, and return same to the mayor and council together
with the results of the chief's investigation and the means for his
disapproval, if any.
[Ord. No. 2-1972]
a.
The license fee for commercial handbill distribution shall be one
hundred ($100.00) dollars for the period of one year.
b.
There shall be no fee for any license issued for non-commercial handbill
distribution.
c.
If any license issued hereunder is surrendered by the licensee therein
named or shall be revoked for cause, the licensee shall not be entitled
to any refund of any part of such.
[Ord. No. 5-16]
No license issued hereunder shall be transferable.
[Ord. No. 5-17]
Any person acting for a licensee, as agent or employee in the
posting or distribution of any such sign or handbill shall not be
required to obtain a license or pay a fee, but shall comply with and
be subject to all other applicable provisions of this section.
[Ord. No. 5-18]
It shall be unlawful for any person to distribute, deposit,
scatter, hand out or circulate any commercial or non-commercial handbill
in any place, under any circumstances, which does not have printed
on the cover, front or back thereof, the name and address of:
a.
The person who wrote, compiled or caused to be printed or manufactured
the same; or,
b.
The person who caused the same to be distributed; provided that in
the case of a fictitious person or club, in addition to such fictitious
name, the true names and addresses of the owner, managers or agents
of the person sponsoring the handbill shall also appear thereon.
[Ord. No. 5-19]
No person shall post, hand out, distribute or transmit any sign,
or any commercial or non-commercial handbill:
a.
Which may reasonably tend to incite riot or other public disorder
or which advocates disloyalty to or overthrow the government of the
United States or of this State by means of any article, scheme or
violence, or which urges any unlawful conduct or encourages or tends
to encourage a breach of the public peace or good order of the community;
or
b.
Which is offensive to public morals or decency or which contains
blasphemous, obscene, libelous or scurrilous language.
[Ord. No. 5-20]
No person shall post, stick, stamp, paint or otherwise fix,
or cause the same to be done by any person, any notice, placard, bill,
card, poster, advertisement, sign or other paper or device, calculated
to attract the attention of the public, to or upon any sidewalk, crosswalk,
curb or curbstone, flagstone or any other portion or part of any public
way or public place or any lamp post, electric light, telegraph, telephone
or trolley line pole, or railway structure, hydrant, shade tree or
tree-box, or upon the piers, columns, trusses, girders, railings,
gates or other parts of any public structure or building, or upon
any pole, box or fixture of the fire alarm or police telegraph system,
except such as may be required or authorized by the laws of the United
States, the State or the ordinances of the borough.
[Ord. No. 5-21]
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any commercial or non-commercial handbill
in or upon any automobile or other vehicle. The provisions of this
subsection shall not be deemed to prohibit the handling, transmitting
or distributing of any non-commercial handbill to the owner or other
occupant of any automobile or other vehicle, who is willing to accept
it.
[Ord. No. 5-22]
It shall be unlawful for any person to deposit, place, throw,
scatter or cause any commercial or non-commercial handbill in or upon
any public place in the borough. It shall be unlawful for any person
to hand out or distribute or sell any commercial handbill in any public
place. It shall not be unlawful for any person to hand out or distribute,
without charge to receive thereof, any noncommercial handbill in any
public place to any person willing to accept same.
[Ord. No. 5-23]
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any commercial or non-commercial handbill
upon any premises, if requested by the owner, or by anyone thereon
not to do so, or if there is placed on the premises in a conspicuous
position near the entrance thereof, a sign bearing the words "No Trespassing,"
"No Peddlers or Agents," "No Advertisement," or any similar notice,
indicating in any manner that the occupants of the premises do not
desire to be molested or to have their right of privacy interfered
with, or to have any such handbills left upon such premises.
[Ord. No. 5-24]
No person shall distribute, deposit, place, throw, scatter or
cast any commercial or non-commercial handbill in or upon any private
premises which are temporarily or continuously uninhabited or vacant.
[Ord. No. 5-25]
No person licensed hereunder or any other person, shall distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or any other person then present in or upon such private premises. A person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises which are not posted in accordance with subsection 4-5.14 provided that the handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere. Mailboxes may not be so used when prohibited by Federal postal laws or regulations.
[Ord. No. 5-26]
Without excluding other just grounds for revocation, the mayor
and council, or official so empowered by law, may revoke any license
obtained under an application containing a false or fraudulent statement
knowingly made by the applicant with the intent to obtain a license
by means of false or fraudulent representations, or for violation
of this section or any other grounds specified by law.
[Ord. No. 5-58; Ord. No. 6-87]
As used in this section:
[Ord. No. 5-59]
Nothing in this section is intended to regulate off-street parking
facilities provided for by the parking authority of the borough.
[Ord. No. 5-60]
No person shall conduct a parking lot within the borough without
first obtaining a license therefor from the mayor and council in the
manner hereinafter set forth.
[Ord. 5/2/72, S2; Ord. No. 4-82]
The annual license fee shall be one hundred twenty-five ($125.00)
dollars. This fee shall be paid to the borough clerk at the time the
application is filed. It shall be returned to the applicant in the
event the application is not granted.
[Ord. No. 5-62]
Every person desiring a license to operate a parking lot within
the borough shall file a written application with the borough clerk,
signed and verified under oath by the applicant or his authorized
agent, which shall, but not by way of limitation, set forth the following:
a.
If an individual, the name and address of the applicant.
b.
If a partnership, the name, residence and business address of each
partner.
c.
If a corporation, the name, date and state under whose laws such
corporation was organized; the names of the principal officers, directors
and local representatives, their residence and business addresses.
d.
A plot plan prepared by a licensed engineer showing: the property
lines, existing curblines and pavement; existing and proposed storm
drains and catch basins; proposed and existing sign locations; proposed
dropped curb locations for entrances and exits; proposed retaining
walls, fences or hedges; proposed pavement details and proposed parking
arrangements.
e.
The hours for storage or parking of the vehicles.
f.
A complete schedule of the rates to be charged for the storing or
parking of vehicles.
[Ord. No. 5-63]
Upon the receipt of an application for a license, the borough
clerk shall forthwith deliver such application to the chief of police
and to the borough engineer for their respective reports and certification.
If the chief of police reports that the answers made by the applicants
are true, and if the borough engineer certifies that the plot plan
meets with the requirements of this section, the council by resolution
shall authorize the borough clerk to issue the license to the applicant.
[Ord. No. 5-64]
Licenses under this section shall be issued for a term of one
year commencing June 1 and ending on May 31 of the proceeding year,
unless sooner revoked by the borough council.
[Ord. No. 5-65]
No license hereunder shall be transferred or assigned. Such
license shall not be used by any person other than the one to whom
it is issued or at any other location than the one for which it was
issued.
[Ord. No. 5-66]
The council may revoke any parking lot license if upon a hearing
and investigation, after at least ten days written notice of the time
and place of such hearing, the council finds:
a.
The licensee has knowingly made any false or materially incorrect
statement in the application.
b.
The licensee knowingly violates or knowingly permits or suffers the
violation of any provision of this section.
c.
The licensee knowingly violates or knowingly permits the violation
of any provision of any penal law or ordinance regarding theft, larceny
or conversion of a motor vehicle or the operation of a motor vehicle
without the owner's consent, whether such licensee or other person
has been convicted of such offense or not.
[Ord. No. 5-67]
All such parking lots licensed under this section shall be constructed
and maintained as set forth herein:
a.
The surface of each lot or plot of land to be occupied shall be surfaced
with concrete, macadam or other hard surface which the engineer shall
certify to be sufficient to carry out the purpose and intent of this
section.
b.
The parking lot shall be so constructed to provide sufficient drainage.
In no case shall open drainage of water be permitted over any sidewalk.
c.
No licensee shall permit any vehicles to be driven in such a manner
that its movement into or out of the lot shall endanger pedestrians.
d.
No licensee shall permit the blowing of automobile horns or any unnecessary
noise on the premises.
e.
Entrances or exits to any lot shall be made only within the limits
as shown on the plot plan.
f.
No vehicles parked on any such lot shall be permitted to extend nearer
the street line than the building setback line established for adjacent
buildings in accordance with the zoning chapter of this revision.
g.
Where the parking lot adjoins a residence or a residential zone,
the licensee shall erect an opaque fence or thick hedge barrier at
least four feet, but not more than six feet in height along the boundary
line separating the parking lot from such residence or residential
zone.
h.
The lights used at parking lots shall be covered with globes and
shaded in such a manner that no disturbing glare is visible to adjacent
property owners or to motorists using the public streets.
i.
Licensees shall keep the licensed premises free from filth, paper
and rubbish.
j.
At no time other than in an emergency shall the repair of vehicles
be permitted within the licensed area.
[Ord. No. 5-68]
Each licensee shall make certain that all vehicles shall enter
or leave the parking lot at the places designated therefor by the
licensee and as approved by the borough council.
[Ord. No. 5-69]
Each licensee shall maintain at one or more entrances to the
parking lot a permanently affixed sign. Such sign shall apprise persons
using the lot of the name of the licensee and the hours of the day
or night when such lot is open for parking. The sign shall be located
within the boundaries of the property, so that it will not obstruct
the vision of persons using the parking lot or of the traveling public.
[Ord. No. 5-70]
No license shall be issued for any parking lot in any of the
residential zones of the borough as such zones are classified in the
zoning chapter of this revision. Where any parking lot or part of
a parking lot is in a residential zone and was in use as a parking
lot on May 14, 1956, such parking lot shall be considered as a nonconforming
use. Parking lots which exist as a nonconforming use may not be expanded
without the consent of the board of adjustment.
[Ord. No. 5-71]
No licensee shall permit the sale of any goods, wares or merchandise
in any such parking lot.
[Ord. No. 5-72]
Every licensee shall immediately file a report in writing, with
the borough chief of police, furnishing the names and addresses and
all data pertaining to every claim made by users of the lot by reason
of loss, theft or conversion of any damage or injury to person or
property which occurs on the licensed parking lot during the hours
that the parking lot is regularly open for business.
[Ord. No. 2-1972]
All outdoor ice machines located in the borough shall be issued
licenses by the borough clerk and the owner thereof shall pay a license
fee in the amount of two hundred fifty ($250.00) dollars per year.
[Ord. No. 2-1972; Ord. No. 4-82]
It shall be unlawful for any person to engage in the operation
and maintaining of a used car lot in the borough without first obtaining
a license to operate and maintain same. The license shall be obtained
from the borough clerk and a license fee to be paid in the sum of
two hundred fifty ($250.00) dollars per year.
[Ord. No. 2-1972]
It shall be unlawful for any person to erect and maintain any
billboard or sign in the borough without first obtaining a license
to erect and maintain same. The license shall be obtained from the
borough clerk and the fee shall be paid in the sum of twenty five
($.25) cents per square foot of the billboard or sign, per year.
[Ord. No. 4-1]
As used in this section:
Shall mean any park or outdoor place of amusement to which
an entrance fee is charged or wherein subsidiary shows, entertainments,
rides or other means of amusement are conducted or operated to which
admission fees are charged.
[Ord. No. 4-2]
No person shall open, conduct or operate any amusement park
without first obtaining a license therefor from the mayor and council.
At the direction of the mayor and council the borough clerk shall
issue the license.
[Ord. No. 4-1970]
The fee for a license which is imposed primarily for revenue
purposes shall be:
[Ord. No. 4-4]
The licensee shall not be entitled to receive a rebate or refund
of any part of the license fees prescribed above even though the amusement
park described does not operate for the entire term of the license.
[Ord. No. 4-5]
All licenses shall be valid only for the term therein expressed
and shall apply only to the person to whom granted. Licenses shall
not be transferable.
[Ord. No. 4-6]
The licensee shall exhibit such license whenever called upon
to do so by the proper official of the borough.
[Ord. No. 4-7]
a.
No person shall conduct, operate or cause to be conducted or operated
any roller coaster, shooting gallery, radio and phonographic loud
speaker, or any other noise producing ride or contrivance, in any
amusement park within the borough from and after the following hours
and until the commencement of the next business day, which shall be
no sooner than 9: 00 a.m., to wit: on weekdays and Sundays, from and
after 11:00 p.m.; and on Saturdays, Memorial or Decoration Day, Independence
or 4th of July, and Labor Day, from and after 11: 59 p.m.
b.
During the period when daylight saving time is effective, the hours
of ceasing operation as prescribed in paragraph a of this subsection
shall be one hour later.
[Ord. No. 4-9]
Nothing in this section shall be construed to apply to any indoor
concert, musicale, theatrical performance, minstrel, bazaar, show
or other entertainment.
[Ord. No. 4-10]
a.
No person shall conduct or cause to be conducted, exhibit or cause
to be exhibited, manage or cause to be managed, any carnival, traveling
circus, concert or other show, which is to be held outdoors, without
first obtaining a permit for doing so from the mayor and council.
At the direction of the mayor and council, the borough clerk shall
issue the permit.
[Ord. No. 4-16]
Organizations and associations, duly licensed to hold and operate
legalized games of chance, pursuant to R.S. 5:8-1, et seq., (Bingo
Licensing Law) are hereby authorized to hold, conduct and operate
such legalized games of chance on Sunday, between the hours of 12:00
noon and 12:00 midnight.
[Enacted by Ord. No. 7-82, adopted 4/19/82.]
Editors Note: A moratorium on the issuance of any further licenses
for video machines is hereby enacted for the period of 12 months so
that a plan of legislation can be determined to safeguard and protect
the health, safety and welfare of the citizens of Cliffside Park in
connection with the commercial use of such video machines.
[Ord. No. 4-18; Ord. No. 6-82]
As used in this section:
a.
AMUSEMENT GAME – Shall mean a 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, the object of which
is to achieve either a high or low score, which by comparison to the
score of other players whether playing concurrently or not, demonstrates
relative skill or competence, or indicates in any other way competitive
advantage of one player or team over another, regardless of skill
or competence. It shall include devices such as pinball machines or
any device which utilizes a video tube to reproduce symbolic figures
and lines intended to be representative of real games or activities.
b.
AMUSEMENT GAMES, OTHER – Shall mean coin operated machine or
device, not including amusement games, which provides a ride, sensation,
electronic reading or weight, photograph, lamination, or item of merchandise
provided at random among other items of merchandise, for use by and
to the amusement of the public.
c.
OWNER'S LICENSE – Shall mean the license to be obtained by
and issued, under this section to the owner, dealer, lessee or other
person having control over the possession or ownership of the amusement
game intended to be used and installed for operation and maintenance
in any premises within the borough.
d.
PREMISES – Shall mean any store, building, public place or
any quasi-public place in the borough, wherein the public is invited
or may enter.
e.
PREMISES LICENSE – Shall mean the license to be obtained by
and issued, under this section to the proprietor or operator of the
premises where the amusement game is to be installed for the operation,
maintenance and use of such amusement game.
[Ord. No. 4-19]
This section shall be deemed enacted for the purpose of raising
revenue and of regulating and controlling amusement games.
[Ord. No. 4-20; Ord. No. 7-81; Ord. No.
6-82]
a.
No person shall operate, maintain or install on any premises any
amusement device without first obtaining a premises license and an
owner's license from the mayor and council, providing that no more
than three amusement devices shall be permitted to be used or operated
in any one premises.
1.
Amusement Device shall mean and include jukeboxes, pinball machines,
shuffleboard and any game of skill or chance or any other type of
device for which a fee is paid or inserted into a machine for its
operation.
2.
This subsection shall not apply to any existing licenses for amusement
devices but shall apply upon change of ownership of the license.
b.
No licenses for such amusement or video games shall be issued by
the borough clerk without the authority of a duly enacted resolution
of the borough council permitting such issuance.
c.
Should any establishment ever be legally permitted to have more than
three machines on the premises, then and in that event it is required
that at least two attendants over the age of 18 years shall be employed
and on duty during the hours in which the establishment is open.
[Ord. 5/2/72, S1; Ord. No. 4-21; Ord. No. 22-79; Ord. No. 4-82; Ord. No. 7-85]
a.
The fee for a license shall be two hundred fifty ($250.00) dollars
for the year, or any part thereof, for possession of automatic amusement
games or devices known as pinball, bagatelle, baseball, bowling, video
games, sharpshooting games, or similar type machines or devices of
skill or amusement used or operated on any premises.
b.
The fee for owners of jukeboxes shall be ninety ($90.00) dollars
a year, or any part thereof, for the operation and/or use of said
machine.
c.
No person having a premises license shall operate or maintain or
permit the use, operation or maintenance of any amusement game unless
an owner's license has also been obtained for the amusement game.
[Ord. No. 4-22; Ord. No. 6-82]
a.
Each applicant for a license shall answer fully the questions and
demands for information on application forms.
b.
All licensees and employees of the licensees shall complete an application
with the police department, upon a form to be supplied by the borough
clerk. The application shall contain the following information:
1.
Name and address of the owner of the machine and owner of the premises,
age, date and place of birth. If a corporation, this information for
the corporate office signing the application, plus name and address
of registered agent, date of incorporation and State, and names of
officers and directors.
2.
Prior convictions of individuals signing, if any.
3.
Fingerprints of individuals signing, to be taken by the police department.
4.
Place where the machine or device is to be displayed or operated
and the business conducted at that place.
5.
Description of the machine to be covered by the license, its mechanical
features, name of manufacturer, serial number.
[Ord. No. 4-23]
The owner's license shall bear the manufacturer's serial number
of the amusement game, or other proper identification. It shall be
affixed, in a conspicuous place, to the amusement game for which the
license was issued.
[Ord. No. 4-24]
An owner's license shall not be used or transferred to any other
amusement game, except by transfer made by the mayor and council after
application by the licensee for that purpose.
[Ord. No. 4-25]
No license shall be issued under this section to any person
who has been convicted of any offense involving moral turpitude, or
who has been convicted of any offense involving gambling.
[Ord. No. 4-25; Ord. No. 6-82]
a.
No premises license shall be issued under this section where the
premises wherein the amusement game is to be installed is within 200
feet of premises frequented by children under the age of 16 years.
b.
Any establishment offering the use of amusement machines including
electronic video games shall be located no less than 1,500 feet from
any other existing or future establishment offering the same or similar
type of amusement devices, and from school buildings, school playgrounds,
church buildings and public playgrounds or parks.
[Ord. No. 6-82]
a.
In any such establishment, each amusement machine shall be located
at least ten feet from any entranceway or exit to the premises, and
placed so that it does not obstruct or interfere with the free and
unfettered passage to and from the premises of patrons or users of
the premises.
b.
Each such amusement machine shall have an unobstructed perimeter
zone or distance of four feet around the sides and front thereof,
wherein the users of such amusement machine may use, watch or wait
to use such machine, it being the intent to prevent overcrowding and
assure safe passage of the general public that each machine shall
have its own unobstructed perimeter zone.
c.
In any such establishment there shall be an unencumbered aisle at
least five feet in width at all points from the front door to the
rear exit.
[Ord. No. 4-27; Ord. No. 6-82]
a.
No person shall knowingly permit a minor under the age of 16 years
to play or operate any amusement game licensed herein.
b.
Persons under the age of 16 years are permitted to operate such electronic
video games if accompanied by one of their parents.
c.
In premises which are used primarily for the service and consummation
of liquors, the use of machines by persons under the age of 19 years
shall be prohibited at all times, and there shall be signs posted
to that effect which are visible from the street.
[Ord. No. 4-28]
No person shall use or permit to be used any amusement game
licensed hereunder for the purpose of gambling.
[Ord. No. 4-29]
If the licensee is convicted of any crime involving moral turpitude
or any offense involving gambling, then the license shall be revoked
and cancelled and all amusement games operated or controlled by such
person shall thereafter be deemed to be operated in violation of this
section. In addition to any other remedy, and not in limitation thereof,
the mayor and council, in its discretion, may revoke and cancel any
license issued hereunder for the violation of any of the provisions
of this section or for any other just cause.
[Ord. No. 6-82]
Any violation of this section or any part thereof shall subject
the violator whether licensee, tenant, or the owner of the establishment
and their agents, servants and employees to suspension and revocation
of their licenses, certificate of occupancy and/or a minimum fine
of one hundred ($100.00) dollars per day for each day that the violation
exists.
[Ord. No. 6-82]
Any establishment in which any such video games or amusements
are available for public use shall take the appropriate measures as
may be necessary in order that the sound of the operation of such
machines shall not be audible outside the establishment.
[Ord. No. 6-82]
The operation of such machines in any such establishment shall
be permitted only during the hours of 10 a.m. to 8 p.m. Monday through
Saturday and from 1 p.m. to 5 p.m. on Sundays, with the exception
of plenary consumption licenses which are already subject to regulation
of hours by the State.
[Ord. No. 6-82]
Any establishment which is utilized for the playing of video
games or amusement games of a similar nature shall have separate electrical
receptacle for each machine at such distances which may be determined
to be safe by the building and electrical inspectors, and be in conformance
with all building codes.
[Ord. No. 6-82]
The premises when open for operation shall be illuminated by
40 candlefoot power.
[Ord. No. 6-82]
A coin counting device shall be installed on each machine so
that the total revenue for each machine may be readily available for
tax investigator.
[Ord. No. 6-82]
A record shall be maintained by the licensee of the income from
each machine on a weekly basis to enable the Governing Body of the
Borough of Cliffside Park to assess the amount of usage of said machine
for such legislation which might be considered in the future.
[Ord. No. 6-82]
The licensees, tenants, and/or owners are required to immediately
report to the police department any disturbance, or breach of the
peace that may occur on their premises.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance 12/16/69.
[Ord. No. 2011-10, S1]
a.
Itinerant eating and drinking establishments shall include itinerant
catering establishments unless expressly provided otherwise.
b.
Itinerant catering establishments shall mean any establishment which
prepares or purchases pre-prepared food and drink at one location
to be transported by motorized vehicles to other locations where the
food and drink is sold from such motorized vehicles. Excepting that
all ice cream vendors are not subject to this section.
[Ord. No. 2011-10, S2]
a.
No person shall conduct, operate or maintain an itinerant eating
and/or drinking establishment, without first obtaining a license issued
by the Borough Clerk's office.
b.
Licenses shall expire on December 31 next after issuance, unless
sooner suspended or revoked.
c.
Any licensee who fails to renew a license by March 1 shall not be
permitted to operate until said license is renewed.
d.
The Borough Clerk is authorized to renew the license of a deceased
licensee in the name of the deceased licensee's surviving spouse,
provided that the application for renewal is made within the time
periods noted, (i.e. March 1). Any party who fails to renew its license
by March 1 may lose said license to the highest ranked party on the
waiting list.
e.
In the event that a license is revoked or if it is not renewed by
March 1 of the renewal year then any such license may be issued to
an applicant for such license on a first-come-first-served basis.
The Borough Clerk shall maintain a waiting list for such revoked or
unrenewed licenses and shall notify the person at the top of the list
that the itinerant catering license is available.
f.
Each licensee for an itinerant eating and drinking establishment
shall display a decal of the license and affix the same to the outside
of the pushcart or vehicle. In addition, each licensee shall, as a
condition to the license, display the name and address of the owner,
lessee or lessor of the vehicle in the manner provided by N.J.S.A.
39:4-46.
g.
No person shall hold more than one license nor have any interest
directly or indirectly in any other license.
[Ord. No. 2011-10, S3]
a.
No licenses may be transferred from person to person unless said
license is in good standing. The transfer procedure shall be as follows:
1.
An application by the licensee to transfer the license to another
person shall be submitted to the Borough Clerk. Said application shall
set forth the name of the licensee, the number of the license, the
name of the transferee and a consent signed by the licensee to the
transfer.
2.
The transferee shall submit an application to the Borough Clerk requesting
a transfer of said license. Said application shall comply with all
the requirements for the issuance of an original license and shall
contain a consent in writing of the transferrer of the license.
b.
Application for a person-to-person transfer of a license issued and
in effect pursuant to this section may be made and granted without
regard for the waiting list. No person on the license waiting list
shall have any enforceable claim to a license transferred to another
person by the holder of that license.
[Ord. No. 2011-10, S4]
a.
No person conducting, operating or maintaining an itinerant eating
or drinking establishment shall be permitted to sell food or drink
within the area designated as Anderson Avenue Redevelopment Zone,
which area is more particularly described by block and lot numbers
and street addresses as set forth in Schedule A herein.
b.
No person conducting, operating or maintaining an itinerant eating
or drinking establishment, except a licensed itinerant catering establishment
as provided herein, shall be permitted to conduct business anywhere
in the Borough.
c.
No person conducting, operating or maintaining an itinerant catering
establishment shall be permitted to sell food or drink within three
hundred (300) feet of any licensed eating and drinking establishment,
excepting for the itinerant license issued for the corner of Knox
and Anderson Avenues.
d.
The provisions of this section shall be enforced by the Police and/or
the Health Departments.
e.
No itinerant catering establishment shall operate upon private property.
f.
Any owner or person in control or possession of such property who
permits an itinerant catering establishment to operate on such property
in violation of the provisions herein shall be in violation of this
subsection of this section.
g.
License Issuance Requirements.
1.
Model and year of vehicle(s);
2.
Insurance certificates coverage minimum ($50,000.00/ $300,000.00);
3.
Proof of compliance with Board of Health "Food Handlers" requirements;
4.
Payment of annual fees ($150.00: the annual fee may be amended annually
by resolution);
5.
Photo identification of licensee, fingerprints and satisfactory police
background check of applicant.
[Ord. No. 2011-10, S 5]
a.
Required.
1.
No person shall conduct, operate or maintain an itinerant catering
establishment without first obtaining a license to do so issued by
the Borough Clerk upon payment of the license fee as provided herein,
per year or fraction of a year.
2.
Such license shall expire on December 31 next after issuance unless
sooner suspended or revoked.
3.
In the event that the licensee shall fail to renew the license by
March 1 of the renewal year, then such license may be issued to any
other person applying for the same.
4.
No licensee shall operate the catering establishment after December
31 of any year unless such license has been renewed.
b.
The number of licenses permitted in the Borough of Cliffside Park
shall be limited to three (3).
c.
All licenses shall be displayed and permanently affixed as a decal
to the curb side of the vehicle.
[Ord. No. 2011-10, S 6]
a.
Anyone violating any of the provisions of this section shall be punishable
as provided herein. In the event that an offense is a continuing one,
then each day such offense continues shall be deemed a separate and
distinct offense and shall be punishable as such as provided herein.
Where the offense is a continual one, only one (1) summons and complaint
need be issued, provided that there is stated on such documents the
charge that each day the violation continues shall be a separate and
distinct offense.
b.
Upon issuance of a summons and complaint to any person operating
an itinerant eating and drinking establishment or an itinerant catering
establishment in violation of any provision of this section, the vehicle,
cart or establishment so operated shall be impounded by either the
Police or the Health Department as the case may be.
c.
In the event that any such establishment is impounded, the vehicle,
cart or establishment may be redeemed upon payment of the cost of
impounding and the storage charges established by the Police Department.
Said storage charge and cost of impounding shall be the same as are
established for the impounding of motor vehicles.
[Ord. No. 2011-10, S7]
a.
The license of a person who violates any provision of this section
may be revoked or suspended after hearing upon ten (10) days' notice
served upon the licensee. Said notice shall identify the specific
provision of this section alleged to have been violated and the specifications
of facts alleged. The Municipal Magistrate shall conduct the hearings
upon any offenses. Licenses may be revoked or suspended for any violation
of the section or for any repeated violations thereof. Any licensee
of an itinerant catering establishment whose license has been revoked
shall not be qualified to receive a new license or have said license
restored to said person for a period of not less than five (5) years.
b.
Any licensee who is charged with any violation under this section
shall have the right to be represented by an attorney.
c.
Any licensee whose license has been revoked or suspended shall have
a right to appeal such revocation or suspension to a court of competent
jurisdiction in accordance pursuant to rules of the Courts of the
State of New Jersey.
[Ord. 4/5/66, S1]
No person 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 first obtaining
a license therefor from the borough as hereinafter provided.
[Ord. 4/5/66, S2]
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 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 named in the application has 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 licensed.
[Ord. 4/5/66, S3]
All licenses herein provided for shall be issued by the Borough
Clerk only after a resolution of the Mayor and Council is adopted
approving the application and only after the payment of the license
fee herein provided for. All such licenses shall be valid from February
1 of the year in which the license is issued, until January 31 next
after the same is issued, unless sooner revoked.
[Ord. 4/5/66, S4]
The license shall bear the date of issuance, the name of the
licensee, the purpose for which issued, and the location of the room
or building wherein the license is authorized to carry on and conduct
any such business.
[Ord. 4/5/66, S5]
The annual fees to be paid for such license are hereby fixed
as follows:
[Ord. 4/5/66, S6]
The Mayor and Council may suspend or revoke the license of any
licensee on any one or more of the following grounds:
a.
Violation of any of the laws of the State of New Jersey upon the
licensed premises by the licensee or its representatives.
b.
Violation of any borough ordinance upon the licensed premises by
the licensee or its representatives.
c.
If the license was procured by fraudulent conduct or false statement
of a material fact, or if a fact concerning application was not disclosed
at the time of filing the application where such fact would have constituted
just cause for refusing to issue the license.
d.
Permitting any activity upon the licensed premises which is or may
be detrimental to the public health, safety, welfare or morals.
|
In all such cases, written notice of the charge 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
is afforded an opportunity to be heard in his defense.
|
[Ord. 4/5/66, S7]
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. 4/5/66, S8]
Any premises which shall be declared to be unsafe by the written
report of the fire chief, shall be deemed to be ineligible for a license.
[Ord. 4/5/66, S9]
No license shall be issued for the operation of any pool or
billiard room which is located within 200 feet of any school, church
or publicly owned building.
[Ord. 4/5/66]
The hours of operation of such pool or billiard room shall be
between 12:00 noon every day and 1:00 a.m. closing on Monday through
Thursday, and 2:00 a.m. closings on Friday, Saturday and Sunday.
[Ord. 4/5/66, S12]
In no event shall card playing be permitted on premises licensed
hereunder even if such card playing is for social purposes.
[Ord. 4/5/66, S13]
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 or from adjacent rooms, to which the
public is admitted, at all hours.
[Ord. 4/5/66, S14]
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 this section,
nor shall this section apply to the keeping of an pool or billiard
table in private residences.
[Ord. 4/5/66, S15]
There shall be conspicuously posted and displayed in any premises
licensed under this section:
[Ord. 3/23/59, S1]
No person residing within the borough shall use a bicycle having
a wheel diameter of over 20 inches, with tires inflated, without first
registering same in the manner hereinafter provided and without attaching
to the bicycle a registration decal as hereinafter provided.
[Ord. 3/23/59, S2]
Application for the registration and the licensing of bicycles
for use within the borough limits shall be made to the police department
upon forms provided for the department.
A license fee for each bicycle is hereby fixed at twenty five
($.25) cents per year and shall be paid at the time a registration
decal is applied for. The applicant shall be the owner of the bicycle
and shall furnish proof at the time of the application of such ownership.
[Ord. 3/23/59, S3]
The applicant shall demonstrate to the licensing authority that
the bicycle is in a safe mechanical condition, that the applicant
is capable of operating the bicycle and is familiar with the traffic
laws of the State of New Jersey relative to the operation of and equipment
of the bicycle as well as such rules and regulations as the police
department may promulgate with the approval of the borough council
concerning operation, equipment and maintenance of bicycles.
[Ord. 3/23/59, S4]
Upon compliance by the applicant of the requirements herein
set forth, the police department shall issue to the applicant a registration
decal which shall be fastened to the frame of the bicycle in a conspicuous
place. Removal of the tag shall be grounds for a revocation of the
license.
[Ord. 3/23/59, S5]
A bicycle being used without a registration card and decal,
or in such condition as to be unfit for safe operation, or operated
recklessly, may be impounded by the police department until such time
as the owner meets with the requirements of this section and it shall
not be returned except upon the payment of one ($1.00) dollar.
[Ord. 3/23/59, S6]
The police department shall issue and deliver to each licensee,
a printed copy of the safety rules and regulations for the use of
a bicycle, and particularly the provisions of Article 3 of Title 39
of the Revised Statutes of New Jersey, as amended.
[Ord. 3/23/59, S7]
It shall be the duty of every person who sells or transfers
ownership of any bicycle to report such sale or transfer by returning
to the police department the registration card issued to such person
as licensee thereof, together with the name and address of the person
to whom transferred, and such report shall be made within seven days
of the date of such sale or transfer. It shall be the duty of the
purchaser or transferee of such bicycle to apply for a transfer of
the registration thereof within seven days of the sale or transfer.
[Ord. 3/23/59, S8]
All bicycles regulated by this section shall be licensed before
May 1 and shall expire April 30 of the following year.
[Ord. No. 3-1970, S1]
It is hereby determined, decided and found that there exists
within the borough a recognized amusement park known as Palisades
Amusement Park.
[Ord. No. 3-1970, S2]
It shall be unlawful for any person to own or operate within
the borough any amusement game as such games are defined by the Amusement
Games Licensing Law (Chapter 109, P.L. 1959), whether the games are
of skill or chance, or both, and whether the same are played and operated
with or without numbers or figures without obtaining a license from
the mayor and council to do so. The license shall be issued pursuant
to and subject to the provisions of the amusement games licensing
law.
[Ord. No. 3-1970, S3]
Each applicant for such a license shall file a written application
with the borough clerk. The application shall comply with all the
requirements as specifically set forth in Section 2 of Chapter 109
Public Laws 1959 and any amendments and supplements thereto and any
additional requirements as may be promulgated by the amusement games
control commissioner of the State of New Jersey.
[Ord. No. 3-1970, S4]
The mayor and council shall make an investigation of the qualifications
of each applicant and the merits of each application as authorized
and directed by the amusement games licensing law and upon proof of
compliance with the law shall issue a license to be effective for
a term of one year.
[Ord. No. 3-1970, S5]
No application for the issuance of a license shall be refused
by the mayor and council until after a hearing is held on five days
notice to the applicant, at which the applicant shall be entitled
to be heard upon the qualifications of the applicant and the merits
of the application.
Any license issued hereunder may be amended, upon application
made to the mayor and council if the subject matter of the proposed
amendment could lawfully and properly be included in the original
license and upon payment of such additional license fee, if any, as
would be payable, if it were included.
[Ord. No. 3-1970, S6]
Each license shall be in such forms as prescribed by the rules
and regulations of the state amusement games control commissioner
and the amusement games licensing law and each license issued for
the conduct of any game of amusement shall be conspicuously displayed
at the place where the same is to be conducted at all times during
the conduct thereof.
[Ord. No. 3-1970, S7]
The mayor and council shall have and exercise control and supervision
over all amusement games held, operated or conducted under such license
with all the powers authorized or granted to it under the amusement
games licensing law and all amendments and supplements thereto and
the rules and regulations of the state amusement games control commissioner.
[Ord. No. 3-1970, S8]
Any licensee who shall make any false statements in any application
for such license or shall fail to keep such books and records as shall
fully and truly record all transactions connected with the holding,
operating or conducting of amusement games under any such license
or shall falsify or make any false entry in any books or records,
so far as they relate to any transaction connected with the holding,
operating and conducting of any amusement games under any such license
or shall violate any of the provisions of this section of the amusement
games licensing law or the rules and regulations of the state amusement
games control commissioner or any of the terms of such license shall
be a disorderly person and if convicted as such shall, in addition
to suffering any other penalties which may be imposed forfeit any
license issued to it under this section.
[Ord. No. 3-1970, S9]
Temporary licenses may be issued by the mayor and council pending
the adoption and promulgation of rules and regulations by the amusement
games control commissioner and subject to the provisions of the amusement
games licensing law and the obtainment of a state license. Such temporary
licenses may be so issued upon the payment of license fees to be fixed
herein and to be more specifically stated herein.
[Ord. No. 3-1970, S10]
There shall be issued to each applicant who shall qualify for
such license, a common amusement license for games conducted within
one stand, room or enclosure and the annual license fee shall be fifty
($50.00) dollars payable when the application is filed. Such fee shall
be returned to the applicant if the application is rejected. Games
as used in this subsection shall mean any game or amusement which
is authorized under the provisions of the amusement games licensing
law.
[Ord. No. 3-1970, S11]
All licenses shall be issued on a calendar year basis, with
a maximum term from January 1 to December 31, within which the license
is to be operative, or for such shorter term within the year, as may
be fixed by ordinance. In any event, the full annual fee as fixed
by ordinance, shall be payable without proration and shall accompany
the license application. In the event of denial or withdrawal of the
application, or in the event of denial or withdrawal of application
for state license filed with the commissioner pursuant to regulation
No. 2 ten ($10.00) dollars or 25 percent of the fee, whichever shall
be the greater, shall be retained by the borough as and for an investigation
fee, and the remainder of the fee, if any, shall be refunded to the
applicant.
[Ord. 11/6/61, Preamble]
Whereas, the unregulated and uncontrolled operation of establishments
maintaining and operating for hire coin operated dry cleaning machines,
constitutes a threat to the health, safety and welfare of the borough
residents, in that:
a.
The operation of such establishment for 24 hours a day presents problems
of fire hazards and police supervision and constitutes an invasion
of the peace and quiet of the community.
b.
The operation of such establishments without supervision may result
in injury to children when present during the operation of such machines.
c.
The presence of coin receptacles and boxes constitutes an invitation
to breaking and stealing.
d.
Disorderly persons may congregate in such establishments.
[Ord. 11/6/61, S2]
No establishment maintaining and operating coin operated dry
cleaning machines shall be open for the conduct of business on any
day of the week other than between the hours of 8:00 a.m. and 11:00
p.m.
[Ord. 11/6/61, S3]
Each person who is the owner, operator or manager of an establishment
maintaining and operating for hire coin operated dry cleaning machines,
shall provide an attendant who is familiar with the operation of such
machines and who shall be in attendance at all times when such machines
are made available for hire.
[Ord. 11/6/61, S4]
Each person who is the owner, operator or manager of an establishment
maintaining and operating for hire coin operated dry cleaning machines
shall prevent the operation of such machines by persons under 17 years
of age.
[Ord. 11/6/61, S5]
Each person who is the owner, operator or manager of an establishment
maintaining and operating for hire coin operated dry cleaning machines
shall comply with the following requirements:
[Ord. No. 3-1972]
Every machine, device or apparatus used for dry cleaning shall
be designed for the use of synthetic, nonflammable, noncombustible
chemicals or liquids which shall be determined by the borough fire
department, and no such machines shall be operated or used unless
the same are licensed by the mayor and council, which licenses shall
not be issued unless application for same is accompanied by a certification
of approval by the borough fire department. License fees shall be
fifteen ($15.00) dollars annually for each machine installed, operated
or used.
[Ord. 2/20/72]
Establishments maintaining and operating for hire coin operated
dry cleaning machines are specifically exempt from the provisions
of the zoning chapter of this revision and any amendments or supplements
thereto.
[Ord. No. 8-77]
A number of residents of the borough as well as a number of
commercial establishments have found it desirable to make provision
at their own cost and expense for the utilization of alarm systems
installed, maintained and operated by private alarm firms. A number
of these alarm systems function in whole or in part, by way of a signal
connection to facilities installed, maintained and operated by such
private alarm firms in the borough facilities.
The borough has in the past engaged informally in the practice
of permitting such private alarm connections to be installed, operated
and maintained in the borough police facilities.
It is in the best interest of the public and in particular of
the residents and commercial establishments of the borough to provide
for the promulgation of rules, regulations, standards and procedures
to govern the activities of such private a firms requesting permission
to utilize borough facilities.
[Ord. No. 8-77, S1]
Until such time as this section is repealed or amended, no person,
firm or corporation shall be permitted to utilize any borough facilities
or to connect to any facilities of any kind whatsoever or any equipment
of any kind whatsoever maintained on facilities owned or operated
by the borough unless such person, firm or corporation applies for
and receives a license issued by the borough through its designated
representatives to make such connection and/or to utilize such facilities.
[Ord. No. 8-77, S2]
This section and all activities hereunder shall be administered
and regulated by a committee to be composed of the mayor and council
and the police chief of the borough or his duly designated representative.
[Ord. No. 8-77, S3]
Application for a license shall contain the following information:
a.
The names, addresses and telephone number of all of the applicants
and their customers within the community for whom connection is requested,
such information to be updated periodically as additional requests
for connection are made by the applicant.
b.
A specification of all charges including but not limited to installation
charges as well as monthly rates to be charged to all customers of
the applicant within the borough for whom such connection is requested.
c.
Evidence of the existence of comprehensive general liability insurance
in force on behalf of the applicant in a minimum amount of one hundred
thousand ($100,000.00) dollars, such insurance to remain in effect
during the existence of the license in question. A renewal certificate
shall be furnished to the borough annually on the first of the year
evidencing such insurance coverage.
d.
A list of other municipalities in the State of New Jersey in which
the applicant or any of its subsidiaries, affiliates, associates,
etc. have installed, operate or maintain alarm facilities together
with a specification of rates charged to customers in such communities.
e.
A list of other municipalities in the State of New Jersey in which
the applicant or any of its subsidiaries, affiliates, associates,
etc. have installed, operate or maintain alarm facilities together
with a specification of rates charged to customers in such communities.
f.
A statement by the applicant to the effect that if the license for
which application is made is granted that the applicant agrees to
bear any and all expense of the installation, operation and maintenance
of the equipment necessary to make the connection and further agrees
to indemnify and hold harmless the borough, its officers, agents and
employees for or on account of any acts or omissions directly or indirectly
related to the installation, operation or maintenance of such facilities
as are necessary to effectuate the purposes of this section.
[Ord. No. 8-77, S4]
The successful bidders shall be required to pay an annual license
fee of one hundred and fifty ($150.00) dollars on the first day of
each year. The first payment of the fee shall be prorated and become
due and payable on the day that the bid is awarded.
[Ord. No. 8-77, S5]
Upon publication of this section, a Notice to Bidders will be
prepared, specifying rules, regulations and the type and location
of equipment which shall be maintained within the borough to effectuate
the purposes of this section; the design, capacity, size, power and
quality of the equipment which may be installed by any applicant hereunder
in any borough facilities; such information as may be required from
applicants for licenses hereunder subsequent to the issuance of such
licenses; charges to be made to licensees for false alarms and any
other equipment failure, personnel failure, or human error as a result
of which the borough suffers either direct pecuniary harm or the utilization
of borough personnel or facilities; procedures whereby any licensee
failing to abide by the requirements of this section or of the rules,
regulations and specifications promulgated hereunder shall after a
hearing upon due notice by the committee, suffer the revocation of
any license granted hereunder; and such other matters as the committee
shall deem appropriate in order to effectuate the purposes of this
section.
[Ord. No. 8-77, S6]
Any license issued hereunder shall be for a term of five years
from the date of approval by the mayor and council, and the licensee
shall post annually with the borough clerk, prior to the anniversary
date of the granting of a license a performance bond in the amount
of five thousand ($5,000.00) dollars noncancellable without notification
to and approval by the mayor and council guaranteeing performance
for each year of the obligation of the licensee and insuring maintenance
of the console and alarm system during the period when the license
is in force. Failure of the licensee to provide the annual bond shall
mean automatic revocation of the license.
[Ord. No. 8-77, S7]
The licensee, for the privilege of obtaining this license, shall
pay to the borough a minimum annual sum of no less than five percent
of the gross rental earned annually by the licensee from subscribers
connected to the alarm console, which payment shall be made within
30 days of the close of each fiscal year in which the license is in
force; and the licensee, by acceptance of the license, shall be deemed
to have agreed to having the books and accounts of the licensee open
to inspection by the borough auditor or other designated representative
of the mayor and council to verify the annual account which shall
be submitted by the licensee coincidental with the fee described.
The aforesaid payment shall be made to the borough clerk and shall
be accompanied by a sworn or certified statement. The sum and a copy
of the certified statement shall be delivered by the borough clerk
within 48 hours to the treasurer of the borough.
[Ord. No. 8-77, S8]
Any licensee for the alarm console and any permittee utilizing
the services of any other alarm company connected to the console shall
provide for a representative to be on call at all times, and service
shall be provided within eight hours of notification by the police
department of any malfunctions of any equipment.
[Ord. No. 8-77, S9]
a.
Local alarms shall be registered, but no fee shall be charged therefor.
b.
For alarm devices the permittee shall pay whatever charges are required
by any alarm company making the installation, and in addition thereto,
the connection and monthly maintenance charges as hereinabove provided
for, to the licensee for the alarm control panel, the permittee shall
also pay to the borough clerk an annual fee for the privilege of connecting
to the console in the sum of ten ($10.00) dollars. This fee shall
be payable by January 15 of each year annually so long as the permit
is in force. Any permit issued between January 15 and December 31
shall require the same ten ($10.00) dollar fee, no portion of which
shall be prorated or refundable. Should any fee be delinquent for
30 days, the borough clerk or his agent shall notify the permittee
in writing that such system has been disconnected from the alarm console.
The aforesaid annual fee shall be transmitted by the borough clerk
to the treasurer within 48 hours of receipt.
c.
Owners of dial alarm devices shall pay to the borough an annual fee
of ten ($10.00) dollars to cover the cost of registration, testing
and to amortize the cost of the special device, line or lines required
in the borough hall along with ancillary tape devices at the police
desk necessitated by these systems.
[Ord. No. 8-77, S9 &
10]
Any permit granted hereunder shall be accepted upon the express
condition that the permittee shall indemnify and hold the borough
harmless from and on account of any and all damages arising out of
the activities of the permittee, its alarm contractor or the alarm
console licensee.
The borough shall be under no duty or obligation to any permittee
hereunder or to any alarm console licensee hereunder, the alarm console
and allied equipment being maintained at will and subject to termination
at any time by cancellation of the system by resolution duly adopted
by the mayor and council, and any individual permit issued hereunder
may be revoked at any time by the mayor and council upon recommendation
of the police chief provided that 30 days notice is given in writing
to the permittee.
[Ord. No. 7-78]
Any person, desiring to place a dumpster or similar garbage
or trash container in any road in the borough, shall be required to
obtain a permit from the borough which must contain the approval of
the building inspector and the chief of the police department.
[Ord. No. 7-78]
Any dumpster, or trash or material container permitted by virtue
of this section to be placed on any road in the borough shall have
placed thereon at least four lanterns or similar illuminating devices
which shall be operative one-half hour before sunset, until one-half
hour after sunrise. The lanterns or illuminating devices shall be
at least five feet from road level and shall be placed on each side
of the trash container.
[Ord. No. 7-78]
A permit fee shall be charged in the amount of twenty-five ($25.00)
dollars which permit shall be effective for a period of no more than
ten days unless further renewed for additional periods of seven days
and for each renewal there shall be a charge of ten ($10.00) dollars.
[Ord. No. 7-78]
The application for such permit shall contain the name and address
of the person for whom the work is to be performed or materials removed,
and shall state the anticipated time during which the dumpster or
trash material container shall be placed on the public road and the
estimated fee of not less than twenty-five ($25.00) dollars shall
be paid to the borough. A description of the work to be performed
must be given to the building inspector who shall have the sole authority
to estimate the cost of the building permit or its renewals.
Upon review of the application and assessment of fees upon the
applicant, the application shall then be reviewed by the police chief
for his approval.
[Ord. No. 7-78]
A separate fee shall be charged for each dumpster or trash container
utilized by an applicant.
[Ord. No. 7-78]
Any person violating any provisions of this section shall upon
conviction thereof, pay a fine not exceeding one hundred ($100.00)
dollars or imprisonment in the county jail not exceeding ten days,
or both; and for each day that any such violation should be continued
it shall be constituted to be a separate and distinct offense, and
conviction shall not excuse the violation or permit it to continue.
[Ord. No. 15-80, S1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean all sales entitled "garage sale," "lawn sale,"
"attic sale," "rummage sale," "yard 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 said sale.
Shall mean any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Shall mean any individuals, partnerships, voluntary associations
and corporations.
[Ord. No. 15-80, S2]
It shall be unlawful for any person to conduct a garage sale,
or similar type sale in the Borough of Cliffside Park without first
filing with the Borough Clerk of Cliffside Park the information hereinafter
specified and obtaining from such clerk a license so to do to be known
as a "garage sale license." The fee for garage, lawn, attic, rummage
and yard sales shall be five ($5.00) dollars per each day.
It shall be unlawful for any person, corporation or association to conduct a flea market other than those exempt categories which are described in subsection 4-21.7, paragraphs f and g.
[Ord. No. 15-80, S3]
a.
Such license shall be issued to any one person or for any one location
only twice within a 12 month period and no such license shall be issued
for more than three consecutive calendar days. Charitable, religious
and civic organizations may be allowed more than two licenses with
the approval of the borough council.
b.
Each license issued under this section must be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
[Ord. No. 15-80, S4]
The information to be filed with the borough clerk pursuant
to this section shall be as follows:
a.
Name of person, firm, group, corporation, association or organization
conducting the sale.
b.
Name of owner of the property on which the sale is to be conducted
and written consent of owner if applicant is other than owner.
c.
Location at which sale is to be conducted.
d.
Number of days of sale.
e.
Date and nature of any past sale.
f.
Whether applicant is conducting sale together with, for, or on behalf
of any other person, firm, group, organization, association or corporation,
and if so, the name of such person, firm, group, organization, association
or corporation and the date or dates of any past sale held by same.
g.
Whether or not applicant has been issued any other vendor's license
by any local, State or Federal agency.
h.
Sworn statement or affirmation by the person signing that the information
therein given is full, true and known to him to be so.
i.
Name and address of the person, company or corporation from whom
the merchandise has been obtained and whether the merchandise has
been donated or purchased. In either event, the value of merchandise
must be stated.
j.
Place of origin of the property which is to be sold.
[Ord. No. 15-80, S5]
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only and on those days which have been set forth
in the application and approved by the borough clerk.
[Ord. No. 15-80, S6]
All signs advertising a garage sale shall have a space allotted
thereon upon which shall be placed the name and address of the person
to whom the permit has been issued. No signs for advertising are to
be posted on any place other than the premises of the applicant. The
sign is not to exceed four square feet in size and shall not be placed
on the premises earlier than one week prior to the sale and shall
be removed within 24 hours after the sale has terminated.
[Ord. No. 15-80, S7]
All provisions of this section shall not apply to or affect
the following persons or types of 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 person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five in number.
d.
Any publisher of a newspaper, magazine, 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 other business establishment
in a place of business wherein such sale would be permitted by the
zoning regulations of the Borough of Cliffside Park or under the protection
of the nonconforming use section thereof, or any sale conducted from
properly zoned premises and would not otherwise be prohibited in the
borough ordinances.
f.
Any bona fide, charitable, eleemosynary, educational, cultural or other organizations or associations not for profit may be exempted from the three-day limitation fixed by subsection 4-21.3 hereof, upon demonstrating to the borough council its right to such exemption. The production of a certified copy of a certificate of incorporation, pursuant to Title 15 of the Revised Statutes of New Jersey, shall be presumptive evidence of the right of such organization to this exemption.
g.
If any sale is being conducted for a charitable, eleemosynary, educational,
cultural, fraternal or other organization or association not for profit,
the name and address of the person or persons who are in charge of
the sale must be furnished to the borough clerk and also if any fee
or percentage of sales are to be paid to anyone; if so, the name and
address of such person, and a copy of the agreement is to be attached
to the application. Each organization shall inform the borough clerk
upon completion of the sale, of the gross amount of the sales receipts,
obtained from such sales and a statement of any expenses incurred
therewith to establish the net profit to the organization.
[Ord. No. 15-80, S8]
a.
This section shall be enforced by the Chief of Police of the. Borough
of Cliffside Park. It shall be the duty of the chief of police or
his delegated officials to investigate any violation of this section.
b.
The person to whom such license is issued and the owner or tenant
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 or activity.
No such person shall permit any loud or boisterous conduct on the
premises nor permit vehicles to impede the passage of traffic on any
roads or streets or interfere with the orderly passage of pedestrian
traffic on sidewalks in the area of such premises. All such persons
shall obey the reasonable orders of the Chief of Police of the Borough
of Cliffside Park in order to maintain the public health, safety and
welfare.
[Ord. No. 15-80, S9]
No person, association of persons or corporations shall hereafter
conduct or operate any store or establishment in the Borough of Cliffside
Park for sale or exchange of merchandise, food, goods, wares and chattels
of any kind or description in the operation of a business which is
commonly known as a flea market without having obtained a certificate
of registration as provided in this section.
[Ord. No. 15-80, S10]
Every business enterprise or concession occupying the same place
of business and conducting business under a common trade or business
name with other business enterprises or concessions shall be required
to obtain separate certificates of registration.
[Ord. No. 15-80, S11]
Any person, firm, association or corporation convicted of violating
any provision of this section, or any amendment or supplement thereto,
shall be subject to a fine not exceeding two hundred ($200.00) dollars.
Each day that such sale shall continue without a proper permit shall
constitute a separate violation.
[Ord. No. 2-81, Art. I]
a.
DEALER – Shall mean any person, partnership or corporation,
who, through any means, buys or sells secondhand gold, silver, precious
metals or jewelry, and includes anyone advertising the purchase or
sale of any of the aforementioned items.
b.
MINOR – Shall mean any person under the age of 18 years.
[Ord. No. 2-81, Art. II]
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 of twenty-five ($25.00) dollars.
[Ord. No. 2-81, Art. III]
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.
[Ord. No. 2-81, Art. IV]
Each dealer doing business in the borough shall deliver to the
chief of police the description of all items purchased, received or
sold, within 72 hours of the completion of the transaction, on forms
prescribed by the chief of police.
[Ord. No. 2-81, Art. V]
No dealer shall sell, melt, change the form of or dispose of
any articles purchased or received within five days from the date
the notification is made to the chief of police and all such items
shall remain on the premises where the purchase was made for at least
five days.
[Ord. No. 2-81, Art. VI]
Each dealer must require identification of the person with whom
it is transacting business and no transaction may be made with any
minor, as hereinabove defined.
[Ord. No. 2-81, Art. VIII]
Any person as defined above who violates any provision of this
section shall, upon conviction thereof, be punished by a fine not
exceeding five hundred ($500.00) dollars or by imprisonment for a
term not exceeding 90 days, or both, within the discretion of the
municipal judge. A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
[Ord. No. 4-82]
The installation and/or maintenance of gasoline pumps for which
a fee of twenty ($20.00) dollars per annum for the first pump and
ten ($10.00) dollars per annum for each additional pump shall be charged.
Each license shall be valid from the date of issuance through December
31 of the year of issuance.
[Ord. No. 4-82]
No individual or commercial entity shall place or cause to be
placed on the sidewalks, walkways or roads of this municipality any
merchandise, articles or wares for sale, nor shall any parked vehicle
be utilized for such purpose or for the purpose of attracting attention
to the sale of same, within the confines of the Borough of Cliffside
Park, with the exception of duly authorized sidewalk sales upon passage
of a resolution by the mayor and council.
[Ord. No. 4-82]
Any violation of this ordinance shall subject any person or
corporation to a fine not to exceed five hundred ($500.00) dollars,
ten days in jail for the violator and a penalty of one hundred ($100.00)
dollars per day for any continued violation.
[Ord. No. 15-85, S1]
Any dry cleaning establishment where on-site dry cleaning is
performed shall be inspected on an annual basis by the fire and health
officials of the Borough of Cliffside Park.
[Ord. No. 15-85, S2]
A license fee of two hundred ($200.00) dollars shall be required
from each applicant for a permit to operate an on-premises dry cleaning
business. Each license shall expire on December 31 of each year. This
license fee shall not be assessed against stores or businesses which
merely accept articles of clothing for dry cleaning which are sent
elsewhere for processing and this type of retail business is exempt
from the provisions of this section.
[Ord. No. 15-85, S3]
Any residues of cleaner shall be disposed of in such a manner
as not to create a health hazard or nuisance.
[Ord. No. 15-85, SS4, 5]
a.
Any on-site dry cleaning business must use equipment which completes
the entire cleaning and drying process in a dry-to-dry closed one
unit system which reduces the potential for solvent vapors to be released
in the air.
b.
A respirator approved by the United States Bureau of Mines, which
is designed for protection against organic solvent vapors, shall be
provided for and used by personnel during the correction of leakages,
cleaning of the system, removal of lint, muck bags and at all times
when the odor of the solvent is noticeable.
[Ord. No. 15-85, S6]
No dry cleaning establishment with on-site cleaning operations
shall be open for business before 7:00 a.m. or after 9:00 p.m. No
such business shall be open on Sunday.
[Ord. No. 15-85, S7]
The entire premises of such on-site cleaning operations shall
be kept in a clean and sanitary condition. The floors shall be kept
clean and dry. The premises shall be adequately ventilated and provided
with sufficient natural or artificial light.
[Ord. No. 15-85, S8]
Any license granted hereunder may be suspended or revoked for
any violation of this section or applicable statutes of the State
of New Jersey.
[Ord. No. 15-85, S8]
Any on-site dry cleaning establishment presently operating shall be exempt from the requirements of subsection 4-25.4, paragraph a, "dry to dry closed system."
[Ord. No. 15-85, S8]
Any violation of this section shall subject the offender to
a fine of one hundred ($100.00) dollars for each day that the violation
continues.
[Ord. No. 15-85, S8]
This section shall not apply to any coin-operated dry cleaning
machines.
[Ord. No. 15-85, S8]
Industrial plants used for dry cleaning continue to be a prohibited
use in the Borough of Cliffside Park and may be distinguished from
retail or commercial dry cleaning businesses which primarily handle
clothing and household products for cleaning.
[Ord. No. 16-88, S1]
a.
Any applicant who requests the issuance, reissuance or renewal of
any license or permit issued by, or requiring the approval of, the
mayor and council, or of any agency or department of the borough which
issues permits, shall be required to pay any delinquent property taxes
or assessment, if he is the owner of said property where the business
or activity is to be conducted.
b.
Any license or permit issued by the mayor and council, or any permit
issued by an agency or department of the borough, may be revoked or
suspended by the mayor and council when any licensee, who is an owner
of the property upon which the licensed business or activity is conducted,
has failed to pay the taxes due on the property for at least three
consecutive quarters.
c.
Upon payment of the delinquent taxes or assessment, the license or
permit shall be restored.
d.
The provisions of this section shall not apply to or include any
alcoholic beverage license or permit issued pursuant to the alcoholic
beverage control act.
[Ord. No. 12-93]
As used in this section.
a.
CART – Shall mean a hand drawn or propelled vehicle or wheeled
container made of metal, wood or other material such as is generally
provided by merchants for carting or carrying merchandise or food
stuffs to automobiles or other places.
b.
PERSON – Shall mean and include a person of either sex, corporation,
partnership, association, joint stock company societies and other
entities capable of being sued.
c.
STREET – Shall mean and include street, avenue, road, alley,
lane, highway, boulevard, concourse, driveway, culvert, crosswalk,
sidewalk, parks, parking lots, parking areas and places used by the
general public.
[Ord. No. 12-93]
It shall be unlawful for any person to remove a cart as defined
herein from the property of any food dispensing establishment. Further,
it shall be unlawful for any food dispensing establishment to permit
or allow any person to remove a cart as defined herein from the property
of the food dispensing establishment.
[Ord. No. 12-93]
It shall be unlawful for any person, his agent or employee,
to leave or suffer or permit to be left, any cart, either owned by
him or in his possession, custody or control, upon any sidewalk or
street.
[Ord. No. 12-93]
The borough shall remove or cause to be removed any cart found
upon any sidewalk or street, and shall take same to borough property
where it shall be held until redeemed, sold or otherwise disposed
of as hereinafter provided.
[Ord. No. 12-93]
Whenever the borough shall take any cart containing identification
of ownership or right to possession, a notice shall be sent by ordinary
mail to such person advising that such cart is held by the borough
and that the cart may be redeemed from the department of public works
facility upon payment of ten ($10.00) dollars to the Borough of Cliffside
Park. The owner of each cart shall print upon each cart the name of
the owner.
[Ord. No. 12-93]
Such cart may be redeemed by the owner thereof at any time prior
to the same, dismantling, destruction or disposal thereof and he shall
be entitled to receive such cart upon payment of the sum of ten ($10.00)
dollars to the Borough of Cliffside Park. No cart shall be delivered
to a person seeking to redeem, unless proof is submitted establishing
to the satisfaction of the borough such person's ownership or right
to possession. Any delivery to a person deemed entitled thereto by
the borough from the proof submitted, shall be an absolute defense
of the borough against any other person claiming to be entitled thereto.
[Ord. No. 12-93]
When any cart remains in the custody of the borough for a period
of 15 days after removal and with respect to which no person has presented
to the borough proof establishing to its satisfaction such person's
ownership or right to possession, the borough shall give public notice
in its official newspaper that, at a specified place and time, not
less than five days after such notice is published, such cart will
be sold at public auction for not less than ten ($10.00) dollars plus
the costs of advertising the sale. If, after such notice of sale is
given, any person desires to redeem any cart prior to sale such person
shall pay to the borough for redemption the sum of ten ($10.00) dollars
plus the cost of advertising the sale. A general description of the
cart to be sold shall be sufficient. The sale shall be conducted by
the business administrator or by such person as the common council
shall designate.
[Ord. No. 12-93]
If the cart is not sold at public auction, the borough may offer
it again for sale or may dismantle, destroy or otherwise dispose of
such cart.
[Ord. No. 12-93]
Any disposition of such cart made pursuant to this section shall
be made without any liability of the borough to the owner of such
cart or other person lawfully entitled thereto or having an interest
therein.
[Ord. No. 12-93]
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the borough.
[Ord. No. 12-93]
This section shall not apply to any cart or personal property
which may come into the possession or custody of any department of
the borough pursuant to any other ordinance, law or regulation.
[Ord. No. 2009-14, S1]
As used herein, the following terms shall have the meanings
indicated:
Shall mean the Borough of Cliffside Park Building Department.
Shall mean the person, corporation, employee, servant or
agent who erects, places, maintains or operates a newsrack in the
public right-of-way.
Shall mean any self-service or coin-operated box, container,
storage unit or other dispenser erected, placed, maintained or operated
for the display, distribution and/or sale of newspapers, circulars,
pamphlets, news periodicals, magazines, announcements advertisements,
leaflets or other similar publications.
Shall mean a street, sidewalk or roadway.
Shall mean that portion of a street improved, designated
or ordinarily used for vehicle travel.
Shall mean any public surface or area provided for the use
of pedestrians.
Shall mean all that area dedicated to public use for public
street purposes and shall include, but not be limited to, roadways,
parkways, alleys and sidewalks.
[Ord. No. 2009-14, S2]
a.
It shall be unlawful for a distributor to erect, place, maintain
or operate a newsrack on any public right-of-way in the Borough of
Cliffside Park without first having obtained a permit from the building
department, signed by the construction official. The permit shall
specify the exact location of each newsrack. One permit may be issued
for multiple newsracks.
b.
Application for Permit.
1.
An application for a permit shall be made, in writing, to the building
department, attention construction official. The application shall
be on forms promulgated by the building department. The application
shall contain the name and address of the applicant, the proposed
specific location of the newsrack(s), a drawing and specification
of the proposed newsrack(s) depicting compliance with requirements
for dimensions, color and lettering, insurance certificate, the application
shall be signed by the applicant and notarized.
2.
The Borough shall limit the number of newsrack permits to 20 per
calendar year. Permits shall be issued on a rack listing schedule
with no distributor permitted to have more than two newsracks in the
municipality.
c.
Conditions for Permit.
1.
Permits shall be issued by the building department to a distributor
to erect, place, maintain or operate a newsrack on the public right-of-way,
provided said placement, maintenance and operation complies with the
provisions of this section.
2.
An annual permit fee of two hundred ($200.00) dollars per newsrack
is required.
3.
Applications shall be either granted or denied within 20 business
days after the filing of a completed application, as required by this
chapter. For each requested location in excess of one location, the
building department shall have an additional ten business days to
act on the application. Separate applications by the same distributor
will be deemed to be one application for purposes of this ordinance.
4.
The permit shall be valid for a period of one year on a calendar-year
basis, commencing January 1, and shall be renewable on January 1 of
any subsequent year. The annual fee shall not be prorated if the permit
is issued subsequent to January 1.
5.
Before the building department may issue a newsrack permit to any
person; the person must execute an indemnification agreement which
shall read as follows:
"The applicant and any other person, organizations, firms or
corporations on whose behalf the application is made represent, stipulate,
contract and agree that they will jointly and severally defend, indemnify
and hold the Borough of Cliffside Park harmless against liability
for any and all claims for damage to property, or injury to or death
of persons, arising out of or resulting from the newsrack, the issuance
of the permit for the newsrack, or the control, maintenance or ownership
of the newsrack."
d.
Insurance.
1.
Before the building department may issue a newsrack permit to any
person, that person shall file with the building department an insurance
policy or policies of a company duly licensed to transact business
under the insurance laws of this State, with coverage limits of at
least one hundred thousand ($100,000.00) dollars for one person, and
for more than one person, one million ($1,000,000.00) dollars insuring
against loss from liability imposed by law upon the distributor for
damages on account of bodily injury or death suffered, and in the
sum of fifty thousand ($50,000.00) dollars against loss on account
of property damage suffered by any person or persons as a result of
an accident occurring by reason of the ownership, control or maintenance
of a newsrack, and no permit shall continue effective unless such
insurance shall remain in full force and effect during the entire
term of the permit. Such insurance policy shall provide for the payment
of any final judgment recovered by any person on account of the ownership,
maintenance and control of such person suffering loss, damage or injury
as aforesaid.
2.
Each insurance policy shall provide that neither the distributor,
nor its insurer, shall have any right to subrogation against the Borough
of Cliffside Park. Each insurance policy shall provide primary coverage
for any and all losses and shall be drafted so as to protect all parties.
3.
Within ten days of the issuance of the permit, the distributor shall
have the Borough of Cliffside Park added as an additional insured
on the insurance policies required by this section.
[Ord. No. 2009-14, S2.05]
a.
Any newsrack which, in whole or part, rests upon, in or over any
public right-of-way shall comply with the following standards:
1.
No newsrack shall exceed 49 inches in height, 20 inches in width
or 18 inches in depth. Newsracks shall be manufactured of sturdy metal
housing, using twelve-gauge sheet metal or better, finished with a
prime coat and baked powder coat finish.
2.
Newsracks shall be green, with white lettering, but lettering shall
not exceed three inches in height and shall not cover more than ten
percent of the surface area of the newsrack.
3.
Notwithstanding any provision in this section to the contrary, any
newsrack located in a streetscape designated area shall conform to
the aesthetic characteristics of the streetscape plan.
4.
No newsrack shall be used for advertising signs or for publicity
purposes other than that dealing with the display, sale or purchase
of the newspapers or news periodicals sold therein.
5.
Unless publications are made at no cost, each newsrack shall be equipped
with a coin-return mechanism to permit a person using the machine
to secure an immediate refund in the event he is unable to receive
the publication paid for. The coin-return mechanisms shall be maintained
in good working order.
6.
Each newsrack shall have affixed to, in a readily visible place so
as to be seen by anyone using the newsrack, a notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to report a malfunction of the coin-return
mechanism or to give the notices provided for in this section.
7.
Each newsrack shall be maintained by the distributor in a neat and
clean condition and in good repair at all times. Specifically, but
without limiting the generality of the foregoing, each newsrack shall
be serviced and maintained so that:
(a)
It is free of chipped, faded, peeling and cracked paint in the
visible painted area thereof;
(b)
It is free of rust and corrosion;
(c)
The clear plastic or glass parts thereof, if any through which
the publications therein are viewed, are unbroken and free of cracks,
dents, blemishes and discolorations;
(d)
The paper or cardboard parts or inserts thereof, if any, are
free of tears, peeling or fading;
(e)
It shall not have any structural parts which are broken, duly
misshapen or otherwise dangerous; and
(f)
It is free of garbage and litter.
8.
It shall be unlawful for any distributor to place or maintain any
publication or material in a newsrack which is obscene as defined
by the United States Supreme Court and/or as set forth in N.J.S.A.
2C:34-2 or 2C:34-3.
9.
Each newsrack shall be maintained to prevent their contents from
being scattered about the area.
[Ord. No. 2009-14, S2.06]
a.
Any newsrack which, in whole or in part, rests upon, on or over any
portion of the public right-of-way shall be located in accordance
with the provisions of this section.
b.
No newsrack shall be used or maintained which projects onto, into
or over any part of the roadway.
c.
Newsracks shall be placed and secured using a cement tray or equivalent
means so as to prevent their being blown down or around the public
right-of-way. Newsracks shall not be chained or otherwise affixed
or secured to any traffic or street signs or signals, hydrants, mailboxes,
sidewalks or other public property.
d.
No more than two newsracks may be placed adjacent to each other at
any location that complies with this section. After a newsrack (or
pair of newsracks) is permitted for a specific location, no additional
newsrack(s) shall be placed less than seven city blocks from the permitted
newsrack (or pair of newsracks).
e.
No newsrack shall be permitted which:
1.
Endangers the safety of the person or property;
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicle;
3.
Unreasonably interferes with the ingress to or egress from any residence
or place of business;
4.
Unreasonably interferes with passengers boarding or exiting from
buses at designated bus stops;
5.
Unreasonably interferes with the use of traffic signs or signals,
fire hydrants or mailboxes located or permitted at or near said location.
f.
No newsrack shall be placed, installed, used or maintained:
1.
Within three feet of any marked crosswalk;
2.
Within 18 inches of a curb;
3.
Within 15 feet of any fire hydrant, fire call box, police call box
or other emergency facility;
4.
Within five feet of any driveway;
5.
At any location whereby the clear space for the passageway for pedestrians
is reduced by the newsrack to less than six feet;
6.
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping;
7.
Within 300 feet of any other newsrack containing the same issue or
edition of the same publication;
8.
Within ten feet of any standby or sprinkler connection or related
safety or fire equipment;
9.
Within five feet of any building, unless written permission is secured
from the property owner, and same is filed with the application;
10.
In front of a single-family or two-family residence.
g.
Notwithstanding anything to the contrary contained in this chapter,
if the Borough of Cliffside Park designates certain areas (known as
"convenience nodes") for the placement of newsracks as part of a streetscape
or redevelopment project, newsracks shall only be placed within the
convenience nodes. Except as provided in this subsection, no newsracks
shall be placed within 30 feet from the curb of a streetscape or redevelopment
project.
h.
No newsrack shall be permitted in any location zoned as residential.
i.
Upon removal of any newsrack, the distributor shall promptly eliminate
any potential hazards to the public, such as bolts, brackets or holes,
and otherwise repair and restore the public right-of-way and public
property.
[Ord. No. 2009-14, S2.07]
Notwithstanding anything contained in this section to the contrary,
the following shall constitute the only locations at which newsracks
may be installed/placed:
700 block of Anderson Avenue.
Winston Drive and Palisade Avenue.
Lafayette Avenue and Palisade Avenue.
Washington Avenue and Anderson Avenue.
Prospect Avenue and Palisade Avenue.
[Ord. No. 2009-14, S2.08]
Any potential distributor denied a permit to erect, place, maintain
or operate any newsrack may file with the Mayor and Council of Cliffside
Park or their designee, a written appeal, which shall be acted upon
within 45 days.
[Ord. No. 2009-14, S2.09]
Any violation of this chapter shall subject the violator to
a fine of not less than one hundred ($100.00) dollars no more than
five hundred ($500.00) dollars, to confinement of not more than ninety
(90) days in jail, or both. Each newsrack violation constitutes a
separate violation, and each day of said violation constitutes a separate
violation, and each day of said violation constitutes a separate offense.
[Ord. No. 2009-14, S2.10]
In addition to the penalties provided, it shall be within the
power and discretion of the building department to suspend or revoke
a permit for continued or repeated violations or infractions of any
provision of this chapter, or of any rule, direction or regulation
of the building department. Suspension or revocation of a permit shall
be mandatory for the third violation of this section.
[Ord. No. 2009-14, S2.11]
A notice of violation shall be issued to the distributor at
least 48 hours in advance of the issuance of any summonses.
[Ord. No. 2009-14, S2.12]
a.
In the event that a newsrack remains empty for a period of seven
continuous days, the same shall be deemed abandoned and may be removed
at the distributor's cost, by Borough of Cliffside Park, or any of
its designated departments.
b.
If a distributor is convicted of a violation of this chapter and
fails to correct or remedy the violation within ten days following
said conviction, or disposition of any appeal, then the building department
or any designated department of the borough may remove the newsrack(s)
which was the basis of the conviction, at the distributor's cost.
c.
Upon removal of a newsrack, the distributor shall be notified at
the address listed on the newsrack. If the newsrack is not claimed
within 20 days of the mailing of said notice, the Borough of Cliffside
Park or any designated department of the borough may dispose of the
newsrack.
d.
For any newsrack that is abandoned or removed in accordance with
this chapter, then stored by the borough, the Borough of Cliffside
Park shall charge a twenty-five ($25.00) dollar per day storage fee.
After 30 consecutive days, the newsracks will be sold for scrap metal.
Any funds obtained for scrap metal shall be used to offset the daily
storage charge.
[Ord. No. 2009-14, S2.13]
The permits issued pursuant to this section shall not be assigned
or transferred.
[Ord. No. 2009-14, S2.14]
[Added 2-7-2023 by Ord.
No. 2023-01]
a.
The owners of a business or the owner of either a residential or
commercial rental unit or units shall maintain liability insurance
for negligent acts and omissions in an amount of not less than $500,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence;
b.
The owner of a multi-family home which contains four or fewer units,
one of which is owner occupied, shall maintain liability insurance
for negligent acts or omissions in an amount of not less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
[Added 2-7-2023 by Ord.
No. 2023-01]
a.
The owner of a business, owner of a rental unit or units, and the owner of a multifamily home, of four or fewer units, one of which is owner occupied, shall annually register a Certificate of Insurance with the Borough, demonstrating compliance with Subsection 4-29.1.
b.
The Borough Council hereby enacts an annual administrative fee of
$20. This fee may be changed annually by resolution.
c.
All entities doing business in the Borough shall submit their respective
Insurance Certificate simultaneously with their annual Business Registration
filing.
[Added 2-7-2023 by Ord.
No. 2023-01]
[Added 2-7-2023 by Ord.
No. 2023-01]
a.
The Borough does hereby enact penalties for non-compliance of this
section pursuant to a summary proceeding, as follows:
b.
An offense shall be conclusively deemed to occur if the property
or business owner does not respond to the Borough's Notice of
Compliance and it shall be deemed a second and subsequent offense
for every 30 day period of non-compliance post Notice of Compliance.
c.
The Municipal Magistrate shall be permitted to dismiss or reduce
the fine noted herein in the interest of Justice and Equity.
