[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville, 10-20-30 as Ord. No. 277. Section 86-1, Section 86-2D, Section 86-3, Section 86-4, Section
86-6, Section 86-8 and Section 86-9A amended at time of adoption of
Code; see Ch. 1, General Provisions, Art. I. Other amendments noted
where applicable.]
No person, firm, corporation or club shall construct, maintain
or operate a miniature golf course or regular golf course, putting
course or driving tee unless the person, firm, corporation or club
shall first obtain from the Borough of Somerville a license for that
purpose as hereinafter provided; provided, however, that this chapter
shall not apply to a miniature golf course or regular golf course,
putting course or driving tee which may be constructed by private
persons upon their own property for their own individual use and for
the use of their families.
Application for such licenses shall be in writing and shall
be signed by the applicant, if an individual, or, if a corporation
or club, by an officer thereof in its behalf, and shall be filed with
the Borough Clerk, accompanied by the license fee hereinafter prescribed.
Such application shall set forth the following:
A.Â
Full name and address of applicant, if an individual; or if a corporation,
the name, state of incorporation, location of principal office and
the name and address of the registered agent in this state; or if
a club, the name of its President or chief officer.
B.Â
Description and diagram of location of lands involved.
C.Â
Relation of application to premises involved (as owner, tenant, etc.)
No miniature golf course or regular golf course, putting course
or driving tee shall be permitted to be located except in accordance
with zoning policies.
The business of operating a miniature golf course or regular
golf course, putting course or driving tee shall not be conducted
during the hours prohibited herein:
A.Â
All out-of-door miniature golf courses or regular golf courses, putting
courses and driving tees shall be closed at 12:00 midnight and shall
remain closed until 8:00 a.m. the following day.
B.Â
All miniature golf courses, putting courses and driving tees which
have been or shall be constructed and conducted within a building
shall be closed at 1:00 a.m. and shall remain closed until 8:00 a.m.
next following.
No person, firm, corporation or club operating or maintaining
the business referred to herein shall make, countenance or permit
any improper noise or disturbance on the premises occupied, and it
shall not impede or obstruct any public sidewalk adjacent thereto
or permit the same to be done and shall so arrange the lighting system
on said premises that reflections from said lights shall not interfere
in any way with the comfort of adjoining residents.
Transfer of the license authorized by this chapter may be granted
in the discretion of the Borough Council upon application; and a transfer
fee of one hundred dollars ($100) shall be paid for such transfer.
No license shall be issued for a period longer than one (1)
year; and each license so issued shall expire at 12:00 midnight on
June 30 following the date of issue.
The license fee for said license shall be one hundred dollars
($100) per year or the proper proportion thereof and shall be paid
by such person, firm, corporation or club for each such miniature
golf course or regular golf course, putting course or driving tee
to the Borough Clerk at the time of making said application.
A.Â
Any person, firm, corporation or club who shall be convicted of the
violation of this chapter or any section thereof by the Judge of the
Municipal Court having jurisdiction thereof shall forfeit and pay
such fine as said Judge may impose, not exceeding five hundred dollars
($500) for each and every offense, and shall be liable in default
of such payment to imprisonment in the county jail for a term not
exceeding ninety (90) days, or both.[1]
B.Â
Upon conviction the said license may be declared forfeited and revoked
by said Judge.
C.Â
In addition thereto the Borough Council may revoke any such license
at any time, without a hearing, upon refunding to the licensee the
unearned portion of the license fee paid for said license.