Editor's Note: See § 2-68, Payment of Delinquent Taxes and Assessments Prior to Issuance of Licenses and Permits.
[1974 Code § 4-1.1]
No person or other legal entity shall hereafter within the territorial
limits and jurisdiction of the Borough, deal in, conduct, or engage
in, the business of the sale, purchase or exchange of secondhand or
used motor vehicles except in the industrial district of the Borough,
which industrial district is more particularly set forth and described
in the zoning ordinance of the Borough, excepting however, that any
person or other legal entity presently engaged in and operating the
business of the sale, purchase or exchange of secondhand or used motor
vehicles in a "business" use district of the Borough, as more particularly
set forth and described in the aforementioned zoning ordinance, may
be licensed therefore in accordance with and subject to the terms
and requirements of this section, so long as they remain in the use
district and transfers may be made thereto and thereby, in accordance
with and subject to the terms and requirements of this section.
[1974 Code § 4-1.2]
No person or other legal entity shall hereafter within the territorial
limits and jurisdiction of the Borough, deal in, conduct, or engage
in, the business of the sale, purchase or exchange of secondhand or
used motor vehicles, without first having obtained a license from
the Borough Clerk for such purpose, after due application.
[1974 Code § 4-1.3]
Written application for such license shall be made to the Borough
Clerk, stating:
[1974 Code § 4-1.4; Ord. No. 83-16; Ord. No. 84-6]
Each licensee shall pay therefor an annual license fee of $550,
for the general use of the Borough, before the issuance of any such
license. The fee, and all other fees hereafter set forth are imposed
for revenue purposes.
[1974 Code § 4-1.5]
The licenses issued hereunder shall be effective from the date
of issue to December 31, thereafter following.
[1974 Code § 4-1.6]
No license shall be granted to cover more than one location,
except as hereafter provided for the transfer of location. No license
issued hereunder may be transferred by the original holder thereof
to any other person, or other legal entity. A holder of a license
legally issued may, however, transfer such license to another location
within the Borough, upon submitting written application as required
for an original issue, and the payment of $50. The license so transferred
to another location by the original holder thereof, shall expire upon
the date set forth in the prior original license, and shall be effective
only at the new location, and for the benefit of the original holder
only.
[1974 Code § 4-1.7]
Any license issued hereunder may be revoked by the Mayor and
Council at any time, for any violation of this section, or New Jersey
Statute or for any other legal cause.
[1974 Code § 4-1.8]
Each licensee shall submit written application to the Construction
Code Official, showing the proposed size, design, location, type and
methods of construction, of all buildings, outdoor signs, billboards,
displays or platforms, and shall obtain permit therefore, in accordance
with any ordinance or law pertaining thereto.
[1974 Code § 4-1.9; Ord. No. 87-26 § 1]
No licensee hereunder shall park, store or display motor vehicles
or other articles, or permit motor vehicles or other articles, to
be parked, stored or displayed upon sidewalks or walks adjoining,
abutting or surrounding the licensed premises, or from 5:00 p.m. to
9:00 a.m. on any street in the Borough.
[1974 Code § 4-1.10]
No licensee shall keep, store or maintain any junk or unusable
vehicle which has parts removed on the open part of the licensed premises;
and shall not park or store any immobilized motor vehicle or any motor
vehicle which cannot be operated on the streets or highways of the
State of New Jersey, on the licensed premises for a period of more
than five days after the licensee has obtained possession thereof
by sale, purchase or exchange.
[1974 Code § 4-1.11]
All licensees shall at all times conform fully and completely
with all the New Jersey Statutes, the rules and regulations of the
Director of Motor Vehicles, and all other governmental laws, rules
and regulations, including the obtaining of proper licenses and permits.
[Ord. No. 02-5]
The total number of used car dealership licenses that may be
issued and outstanding at any time shall be fixed and shall not exceed
a total of three.
[1974 Code § 4-2.1]
No gasoline or diesel fuel tank or pump or tanks or pumps, including
any which may be used exclusively for private purposes, shall be installed,
maintained or operated within the limits of the Borough without a
permit first issued therefore by the Borough Clerk.
[1974 Code § 4-2.2]
No such permit shall be issued by the Borough Clerk until he
shall be directed by a resolution duly passed and adopted by the Borough
Council. All persons desiring such a permit shall make written application
therefore to the Borough Council, specifying the proposed location
of such gasoline or diesel fuel tank or pump, if the application shall
be for more than one, the size and capacity of each such tank or pump,
the name of the owner of the property upon which the tank or pump
shall be located on, and such other information as may be required
by the Borough Council. The Borough Council may refuse to grant such
application if it deems it for the best interest, general welfare,
public safety or convenience.
[1974 Code § 4-2.3; Ord. No. 84-6]
a.
No permit shall be granted until there shall be paid a fee of $2,500
for each pump connected to any gasoline or diesel fuel tank or tanks
which may be installed, excepting however, a gasoline or diesel fuel
pump or pumps to be used exclusively for private purposes, and also
excepting any person having obtained a permit prior to December 13,
1960.
b.
No permit shall be granted until there shall be paid a fee of $30
for each pump connected to any gasoline or diesel fuel tank or tanks
which may be installed to be used exclusively for private purposes.
[1974 Code § 4-2.4; Ord. No. 83-16]
After such permit is granted, any person operating the gasoline
or diesel fuel pump or pumps, including a gasoline or diesel fuel
pump or pumps to be used for public or private purposes shall pay
an annual fee of $25 for public use and $12 for private use, for a
permit to own, maintain, or operate each such gasoline or diesel fuel
pump, which fee shall be paid to the Borough Clerk on January 1 in
each year.
[1974 Code § 4-2.5]
All such pumps and tanks must be installed in a manner so as
to comply with any ordinance, resolution, rule, order or regulation
governing the same and shall be subject to inspection by the person
designated by the Borough Council to inspect the installation and
maintenance of the same.
[1974 Code § 4-2.6]
In the event a written application is made for a permit to install
and maintain a tank or pump in conjunction with a structure to be
used as a motor vehicle service station, no permit shall be granted
by the Borough Council unless the motor vehicle service station shall
be constructed in compliance with any ordinance governing the same
and shall be located within a reasonable distance of the location
of such tank or pump; and no permit shall be granted by the Borough
Council unless the motor vehicle service station shall be equipped
with separate comfort stations for each sex.
[1974 Code § 4-2.7]
All fees for permits herein provided for are imposed for revenue
purposes.
[1974 Code § 4-2.8]
In the event any person shall install, maintain or operate any
gasoline or diesel fuel pump or pumps in violation of any of the provisions
or requirements of this section, then each day that the gasoline or
diesel fuel pump or pumps are continued to be installed, maintained
or operated in violation of the provisions or requirements of this
section, shall be considered to be distinct and separate offenses.
[1974 Code § 4-3.1]
It shall be unlawful for any person to install, operate, maintain,
or exhibit, in any public or quasi-public place, or in any building,
store or other place wherein the public are invited, or wherein the
public may enter, or in any clubroom, any automatic amusement game,
device, or machine of the type commonly known as bagatelle, baseball,
ballyhoo, or pin amusement games, or similar machines or devices,
and particularly, but not by way of limitation, any coin-operated
automatic game, machine or device of the type heretofore mentioned
within the limits of the Borough, unless the owner of the game, device,
or machine shall have first obtained a license for that purpose from
the Borough Council, as herein provided.
[1974 Code § 4-3.2; Ord. No. 13-13]
All licenses for the installation, operation, maintenance and
exhibition of the games, devices, or machines mentioned aforesaid,
shall be issued at the discretion of the Borough Council, to and in
the name of the owner of the machine, for the calendar year, commencing
January 1 and expiring December 31. The fee for the issuance of the
license shall be $50 per machine, for the calendar year, or part thereof.
The license shall be affixed in a conspicuous place to the machine
for which it was issued and shall state the name and post office address
of the licensee, the manufacturer's serial number, the amount of money
required to operate the game, device or machine and shall state that
the device to which the same is affixed is licensed by the Borough.
[1974 Code § 4-3.3]
Any person desiring to install, operate, maintain or exhibit
any of the amusement games shall first make application to the Borough
Council for a license, which application shall set forth the name
and address of the applicant, the location of the premises where the
game shall be installed, the kind of contraption to be installed,
and whether or not the applicant has been convicted of a crime or
of any Borough ordinance, and such other information as the Council
shall deem necessary or proper. A separate application shall be required
for each machine. The license fee shall accompany each application
filed and if the application is denied, the fee shall be returned.
[1974 Code § 4-3.4]
Every license shall apply only to the person to whom granted
and for the premises and machine stated in such application, and shall
not be transferable.
[1974 Code § 4-3.5]
At any time after granting of the license, the Borough Council
may, in the exercise of its discretion, revoke the same for any false
statement in the application. The license shall be revocable in the
event that the licensee shall be convicted of any crime or shall be
convicted of any violation of this section.
[1974 Code § 4-3.7]
No more than five machines or devices of the type or types herein
mentioned shall be permitted to be used or operated in any one place,
location or premises.
[1974 Code § 4-3.8; New]
[1974 Code § 4-3.9]
This section is enacted for the purpose of raising revenue,
and for the regulation and control of automatic amusement games of
the type commonly known and designated as bagatelle, baseball, ballyhoo
or pin amusement games or similar machines or devices.
[1974 Code § 4-3.10]
"Person" shall be construed to import both the plural and the
singular, as the case may demand, and shall mean and include corporations,
companies, societies and associations, as well as individuals. When
construing and enforcing any provision of this section, the act, omission
or failure of any officer, agent or other person acting for or employed
by any individual, corporation, company, society or association within
the scope of his agency, employment or office shall in every case
be deemed to be the act, omission or failure of such individual, corporation,
society or association, as well as that of the person.
[1974 Code § 4-3.11; Ord. No. 83-7]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any establishment operated for profit which houses
more than five mechanical automatic amusement devices shall be deemed
to be an amusement center for purposes of this section.
Shall mean any machine which, upon the insertion of a coin,
non-coin, slug, token, plate or disc, may be operated by the public
generally for use as a game, entertainment or amusement, whether or
not registering a score, including but not limited to such devices
as marble machines, pinball machines, skill ball, mechanical grab
machines and all games, operations or transactions similar thereto
under whatever name they may be indicated. It shall include video
type games or machines or similar devices that use a display screen
for points, lines and dots of light that can be manipulated to simulate
games or other types of entertainment. This definition does not include
coin-operated pool tables, nor does it include coin-operated phonographs
or merchandise vending machines.
Shall mean any house of worship.
Shall mean any person who supplies any automatic amusement
device to another for use in his place of business, whether under
lease or any similar arrangement.
Shall mean any person in whose place of business any automatic
amusement device is placed or kept for operation by the public.
Shall mean any individual, firm, member of firm, partnership,
member of partnership, corporation or any officer, or directors of
corporation.
Shall mean any educational institution, public, private,
secular, or parochial which offers instructions of high school grade
or below.
Shall mean any street, alley-way, boulevard, or road, either
public or private, that is used or to be used for ingress or egress.
[1974 Code § 4-3.12; Ord. No. 83-7; Ord. No. 84-32 § 1]
a.
No person, firm or corporation shall operate an automatic amusement
device as heretofore defined, without first having obtained from the
Borough a license to do so, and upon payment to the Borough of an
annual license fee of $50 per automatic amusement device. Each license
shall expire on December 31 of the year in which the license is issued,
regardless of what month it was obtained during that year.
b.
No person, firm or corporation shall operate an arcade as heretofore
defined, without first having obtained from the Borough license in
the amount of $500. Each license shall expire on December 31 of the
year in which the license is issued regardless of the month it was
obtained in that year.
[1974 Code § 4-3.13; Ord. No. 83-7; Ord. No. 83-14; Ord. No. 83-24]
a.
Adequate space shall be provided for each machine so as to allow
its use without overcrowding. A minimum width of two feet shall be
provided per machine where the machine is designed for use by one
player, and four feet where the machine is designed for use by two
players. The depth of the space in front of the machine shall be at
least five feet, and there shall be a minimum aisle width beyond this
five feet of an additional three feet. Fire Underwriter's Code requirements
shall also be complied with.
b.
Each automatic amusement device shall be located at least 10 feet
from entranceway or exits, including fire, to the premises in which
located and placed so that it does not obstruct or interfere with
the free and unfettered passage of patrons or uses of the premises.
c.
Any owner who desires a license for an arcade in any one specific
location shall be required to provide sufficient off-street, on-site
parking to accommodate the vehicles of the patrons but not less than
two spaces for three automatic amusement devices.
d.
A bicycle rack to accommodate 10 bicycles shall be provided by any
licensed amusement center. This rack shall be located on operator's
premises. The bicycle rack shall be located as not to interfere with
vehicle parking or impede the safe passage of pedestrians. The style
and design of the bicycle rack is subject to approval by the Building
Inspector.
e.
No arcade license shall be granted if the location is within 500
feet of a public school giving instructions at least five days per
week, holidays excepted, for eight or more months per year or a church
or any house of worship of any religious faith.
f.
A sketch detailing the precise location and type of each machine
or device to be operated under the license applied for must be submitted
in triplicate at the time of application for the license. One of the
three copies shall be submitted to the Construction Code Official,
one to the Police Department, and one for the Borough Clerk. If the
sketch detailing the precise location and type of machines is approved
the application may not subsequently change or rearrange any of the
machines location without first submitting a new sketch.
g.
No arcade license shall be granted if the location is within 250
feet from a residential zone.
[1974 Code § 4-3.14; Ord. No. 83-7]
a.
All applications for a license under this section shall be made and
delivered to the Borough Clerk in duplicate on forms to be supplied
for the purpose and shall be subscribed and sworn to by the applicant.
b.
The application for the license shall contain the following:
1.
Name and address of applicant.
2.
Name under which the place of business is being operated and the
location of the same.
3.
Number and type of machines sought to be licensed.
4.
Location where each automatic amusement game is to be located.
5.
Name and address of the person from whom each device is to be purchased,
rented or otherwise obtained.
6.
Description of each automatic amusement game sought to be licensed,
including for each device the name of the manufacturer, model number
and serial number.
7.
Terms of agreement governing the acquisition and installation of
the automatic amusement game.
8.
Information indicating whether the distributor, the applicant or
any person connected with the operation of the place of business wherein
the game or device is to be installed has ever been convicted of any
crime.
9.
Any other information which the Mayor and Council may deem reasonably
necessary and proper for the full protection of the interest of the
public in the application.
c.
The Mayor and Council may request of an applicant additional information
supplementing the information given in the application.
d.
The license application fee shall be deposited with the Borough Clerk
when the application is filed and if the application is denied the
fee shall be returned.
[1974 Code § 4-3.15; Ord. No. 83-7]
Operator's license shall be posted permanently and conspicuously
in public view on the premises where the machines or devices are to
be operated or maintained
[1974 Code § 4-3.16; Ord. No. 83-7]
a.
An automatic amusement device may not be transferred from one place
to another without first giving notice to the Borough Clerk to that
effect and giving a description of the new machine, including manufacturer,
model number and serial number. There shall be a fee for all transfers
from one machine to another in the amount of $25 per machine to transfer.
b.
An arcade license may not be transferred from one place to another
without first giving notice to the Borough Clerk to that effect, and
submitting the required necessary information together with a plan
and parking facilities as to the new premises. A transfer of an arcade
license from one place to another shall be subject to the approval
of the Mayor and Council. There shall be a fee for all transfers from
one place to another in the amount of $250 per machine to transfer.
[1974 Code § 4-3.17; Ord. No. 83-17]
a.
Each machine or amusement device which is licensed, must be renewed
annually, at which time, the Mayor and Council may request reports
from the Chief of Police, Building Code Official, Fire Code Official
and any other Borough official or employee for the purpose of determining
whether the applicant has conformed to the rules and regulations as
set down in the Revised General Ordinances of the Borough of Fairview
in determining whether the licenses shall be renewed.
[1974 Code § 4-3.18; Ord. No. 83-7]
The Borough shall refuse to approve issuance or renewal of a
permit for one or more of the following reasons:
a.
A false statement as to a material matter made in an application
for a permit;
b.
Revocation of a permit, pursuant to this section of the applicant
or corporate officer of the applicant within two years preceding the
filing of the application; and
c.
The applicant for such license has, within the past 10 years, been
convicted of a crime involving moral turpitude.
[1974 Code § 4-3.19; Ord. 83-7]
a.
Conduct on Premises. No amusement center operator or licensee, by
himself, directly or indirectly or by any servant, agent or employee
shall:
1.
Permit any indecent, immoral or profane language, or indecent, immoral
or disorderly conduct;
2.
Permit the licensed premises to become a resort for disorderly persons
of any type;
3.
Permit gambling or the use, possession, or presence of gambling paraphernalia
in the premises. The winning of anything of value as a result of the
operation of a pinball machine shall constitute gambling. However,
the winning of a prize that does not exceed $100 in value in a scheduled
tournament shall not constitute gambling;
4.
Permit intoxicated persons to loiter on the premises;
5.
Arcades are permitted to open at 9:00 a.m. on each and every day
of each and every week. On Monday, Tuesday, Wednesday, Thursday and
Sunday, all arcades are to be closed at 11:00 p.m. On the nights of
Friday and Saturday, all arcades are to be closed at 12:00 a.m. (midnight).
All children under the age of 14 shall not be allowed to operate the
amusement devices unless accompanied by a parent or guardian. Arcades
shall not permit persons under 16 years of age to play or loiter within
licensed premises during normal school hours and where the premises
are used primarily for the serving or consumption of liquor the use
of amusement devices by persons under the age of 19 is prohibited.
Any person under the age of 16 shall not play or loiter within the
licensed premises after 10:00 p.m. unless accompanied by a parent
or guardian;
6.
Permit the possession or use of any unlawful drug or narcotic, including
marijuana on the premises; and
7.
The applicant shall submit plans to the Construction Official or
other designated Borough official demonstrating that the building
or place where the machine is to be located is properly insulated
to prevent noise of both the patrons and the machines from disturbing
or entering adjacent buildings at the location. Furthermore, he shall
offer proof that the location will conform with all State noise level
regulations.
b.
At all times during the operating hours on the licensed premises, there shall be present one of the managers who has filed the required application information with the Borough Clerk pursuant to Subsection 4-3.14. Each such manager shall not be less than 21 years of age in order to provide adequate control and supervision of the licensed premises and the use of coin-operated amusement devices present therein.
[1974 Code § 4-3.20; Ord. No. 83-7; New]
a.
Any person (not including a corporation) violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5 or in default thereof, may be imprisoned in the County Jail for a period not exceeding 90 days; any corporation violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5 which may be recovered in the manner provided by law. Each day's violation shall constitute a separate offense and conviction shall not excuse the violation nor permit it to continue.
[1974 Code § 4-4.1]
It shall be unlawful for any person to conduct a motion picture
house, or theater without having first obtained permission from the
Borough Council.
When such permission is granted by the Borough Council, the
Borough Clerk is hereby authorized to issue any such license upon
payment by the applicant of the proper fee therefor, as hereinafter
provided.
[1974 Code § 4-4.2]
Each such license shall remain in force and be valid for the
period of one year unless revoked before the expiration of one year,
and shall apply only to the person or persons or corporation to whom
granted and shall not be transferable.
[1974 Code § 4-4.3]
Any person to whom such license is granted as herein provided,
is hereby required to exhibit such license whenever called upon so
to do. License fees under this section shall be as follows:
Motion picture house: $15 for one year.
Theater: $25 for one year.
[1974 Code § 4-5.1]
It shall be unlawful for any person to conduct a baseball park,
football park, fight or boxing arenas or outdoor carnivals without
having first obtained permission from the Borough Council. When such
permission is granted by the Borough Council, the Borough Clerk is
hereby authorized to issue any such license upon the payment by the
applicant of the proper fee therefor, as hereinafter provided.
[1974 Code § 4-5.2]
Every such license shall remain in force and be valid to December
31 of the year when issued, after which time it may be renewed from
year to year, and such license shall apply only to the person to whom
granted, and shall not be transferable.
[1974 Code § 4-5.3]
Any person to whom such license is granted as herein provided
is hereby required to exhibit such license whenever called upon to
do so.
[1974 Code § 4-5.4]
License fees under this section shall be as follows:
|
Ballparks or football parks
|
$25 per year
|
|
Outdoor boxing arenas
|
$50 per year
|
|
Indoor boxing arenas
|
$25 per year
|
|
Outdoor carnivals
|
$5
|
|
Traveling carnivals or circuses
|
$500 per year
|
[1974 Code § 4-6.1; Ord. No. 78-2A1]
As used in this section:
Shall mean any container used in the normal course of demolition/construction
for the purpose of storing, containing and/or carting debris.
Shall mean an individual or individuals, or corporation,
partnership or voluntary association.
[1974 Code § 4-6.2; Ord. No. 78-2 A2]
a.
No person shall use any dumpster/construction container without obtaining
a written permit.
b.
Upon the issuance of a permit and if the permit is used for a period
of time greater than 12 hours, the person to whom the permit is issued
shall see that, during the evening hours:
c.
The dumpster/construction container shall not be loaded in such a
manner as to cause its contents to spill onto the street or sidewalk
areas.
[1974 Code § 4-6.3; Ord. No. 78-2 A3; New]
a.
All permits required by this section shall be in writing and shall
be issued by the Building Department. The Building Department shall
issue the permit if it appears that the applicant has the right and
the need to use a dumpster/construction container. Prior to the issuance
of such a permit the Department of Public Works shall consult with
the Police Department to determine that the proposed use of the dumpster/construction
container shall not constitute a traffic and/or safety hazard. The
Department of Public Works shall also consult with the Construction
Official and determine whether the proposed location for the dumpster/construction
container is proper.
b.
No permit authorized by this section shall be granted except pursuant
to an application in writing therefor signed by the person desiring
such a permit or his agent. The application which may be submitted
on forms provided by the Borough, shall set forth the location of
the proposed dumpster/construction container, the nature, extent and
probable duration of the use of the container and the reason for its
use.
c.
No permits shall be issued until the fee, hereinafter described,
shall be paid to the Borough.
d.
The permits shall be displayed in a conspicuous position on the dumpster/construction
container during the period of its use.
[1974 Code § 4-6.4; Ord. No. 78-2 A4; Ord. No. 09-12]
The fee payable for permits issued under this section shall
be $50 per day for the first three working days for each dumpster/construction
container and $25 per day thereafter.
[1974 Code § 4-6.5; Ord. No. 78-2 A5; New]
[Ord. No. 80-2 § 1]
The purpose of this section is to provide standards and regulations
for various types of intrusion, burglar, fire and other emergency
alarm devices whether by direct line, radio, telephone or other means
requiring response thereto by the Police Department, Fire Department
or other municipal agencies.
[Ord. No. 80-2 § 2]
The provisions of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the Police, Fire Department or other municipal agencies to any location in response to any type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing service by private source to other offices within or without the Borough. Any person having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with Subsection 4-7.4b without fee.
[Ord. No. 80-2 § 3]
As used in this section:
Shall mean any device or mechanism used or designed for detection
and warning of unauthorized entry, fire, smoke, flood or other perils
but specifically excluding local alarm mechanism located entirely
within enclosed residential buildings.
Shall mean any alarm device or aggregate of alarm devices
installed on or within a single building or on or within more than
one building or other structure on a common site, at a specific location.
Shall mean any police alarm device actuated by a burglary,
robbery or theft at a specific location.
Shall mean facility operated by a private firm that owns
or leases a system of emergency alarm devices, which facility is manned
at all times by trained operators employed to receive, record and
validate alarm signals and to relay information concerning such validated
signals to the Police or Fire dispatch room.
Shall mean any alarm device which automatically or electronically
selects a telephone trunkline of the Police or Fire Department of
the Borough and then delivers a signal or reproduces a prerecorded
message to report a criminal act or other emergency.
Shall mean any signal or message received by the Police or
Fire Department and to which either or both respond, which signal
or message was directly or indirectly brought about or produced by
an alarm device of any type, but not the result of criminal activity
or other emergency and not created by malfunction of the alarm console
within the municipal building.
Shall mean any alarm device which, when actuated, produces
an audible or visible signal designed to notify persons within audible
or visible range of the signal that a criminal act or other emergency
is occurring or has occurred.
Shall mean the Borough of Fairview or any department, agency
or officer duly authorized to act on behalf of the municipality.
[Ord. No. 80-2 § 4]
a.
Except as hereinafter provided, it shall be unlawful for any individual,
partnership, corporation or firm to operate or maintain an alarm device
as defined by this section, without registering same.
b.
Any individual, partnership, corporation or firm which owns and operates
or maintains an alarm device or devices shall make application to
the Chief of Police for a registration therefor on forms supplied
by the Police Department. The application shall specify the name,
address and telephone number of the owner and user of the alarm installation;
the exact location of the alarm device or devices; the name and address
of the installer of such device; the type of device; the name and
address of the individual or firm regularly servicing such alarm device,
if any; provisions relating to false alarms and testing procedures;
a list of names and addresses of persons to be contacted in the event
of an alarm and other information relating to the alarm device reasonably
required by the Chief of Police.
c.
Applications for registration must be filed on or before January
15 next succeeding the adoption of this section, for all existing
or new alarm installations and shall be accompanied by an annual fee
payable to the municipality in accordance with the schedule of fees
hereinafter set forth.
d.
All alarm registrations shall expire on December 31 in the year issued
and shall not be valid after such date. A renewal registration application
must be filed with the Chief of Police on or before January 15 in
each year and shall be accompanied by an annual fee payable to the
municipality in accordance with the schedule of fees hereinafter set
forth. The renewal application on forms supplied by the Police Department
shall provide for any changes in information from that contained in
the original application or in the most recent renewal application.
e.
The Chief of Police is the designated official of the municipality
to issue and renew registrations and to otherwise enforce and apply
the provisions of this section.
f.
An application for a registration or registration renewal may be
denied if the Chief of Police disapproves of the equipment intended
to be used or continued by the applicant or the manner of use thereof
or if the applicant has violated any other provisions of this section
or is in default in the payment of the annual fee.
g.
All alarm registrations shall be accepted upon the express conditions
that: (1) the applicant shall defend, indemnify and save harmless
the municipality and its authorized officials, agents, and employees
from and against any and all damages, costs, expense and liability
arising out of the acts or failure to act of the municipality, alarm
contractor or any one or more of them, or arising out of any defects,
deficiencies or inadequacies in any alarm device or devices for any
installation, monitoring or maintenance thereof or by reason of any
malfunction or defect in the operation; and (2) the applicant shall
comply with all other provisions of this section.
[Ord. No. 80-2 § 6]
The Borough of Fairview, in its various departments, agencies
and officials shall be under no duty or obligation to any other person
or persons with respect to the adequacy, operation, installation,
repair or maintenance of the alarm equipment and any allied or related
equipment or services, and assumes no liability in connection therewith.
The registrant agrees hereby to hold and save harmless the Borough
of Fairview, its departments, agencies and officials from any liability
or damages suffered as a result of or arising out of improper or faulty
installation, operation or maintenance of any Police or Fire alarm
system or the improper or faulty installation, operation or maintenance
of the alarm.
[Ord. No. 80-2 §§ 8,
9; New]
a.
In the case of a false alarm any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with Subsection 4-7.8. In addition, in the case of false alarms, the Chief of Police shall cause an investigation to be made and keep a record of such alarms on file. For such false alarms the Mayor and Council prescribes the following penalties as set forth in § 3-2 Excess False Alarms of Burglar and Fire Alarm Systems.
b.
All alarm devices shall be installed in accordance with all applicable
municipal and governmental laws, ordinances and requirements.
c.
An alarm registrant or his representative shall respond to the source
of a signal or transmission from any alarm device as promptly as possible
after the actuation of such device and shall contact the Police or
Fire Departments, dispatched to the scene. He shall relieve the Police
or Fireman in charge whenever there is no apparent fire or criminal
activity at the scene of the alarm.
d.
Any alarm registrant shall be deemed to have consented to inspection
of the premises on which such alarm devices are installed at reasonable
hours, by the Police or Fire Chief or their designated representatives.
This provision shall not be construed to impose a duty on the municipality
to make inspection or to relieve the alarm owner from inspecting,
testing and maintaining his own alarm.
e.
Any alarm device shall notify a relative, neighbor or other third
party who will be disclosed in the registration of such equipment
as required by this section.
f.
For any alarm devices the owner shall pay to the Borough of Fairview
an annual fee of $30 to cover the cost of registration.
g.
The contents of any recorded message from an alarm device must be
intelligible and in a format approved by the Chief of Police. No such
message shall be transmitted more than three times as a result of
a single stimulus of the mechanism. Messages shall not exceed 15 seconds
and the time gap between delivery shall be approximately 10 seconds.
h.
The sensory mechanism of such devices shall be adjusted so as to
suppress false indications and not to be actuated by impulses due
to pressure changes in water pipes, short flashes of light, wind,
noises, rattling or vibration of doors or windows or other forces
unrelated to general alarms.
i.
All components of such equipment must be maintained by the owner
in good repair and when evidence exists that there has been failure
to comply with the operational requirements of this section, the Chief
of Police is then authorized to demand that such device be disconnected
until such time as compliance with current requirements is reestablished.
[Ord. No. 80-2 § 10]
Local alarms shall be registered in accordance with Subsection 4-7.4. In addition thereto those persons having local alarms shall be required to leave with the Police Department the name of a person who can be reached in case of malfunction of the equipment in order that the device can be temporarily disconnected. In the event of a malfunction of the equipment and no person can be located to secure the device, then the owner shall be liable to pay a penalty of $25. Notwithstanding the aforesaid, in the event that Police have to respond to a false alarm, the false alarm penalty prescribed in Subsection 4-7.6a shall also apply.
[Ord. No. 80-2 § 11]
The Mayor and Council may, from time to time, promulgate rules
and regulations supplementing this section in order to provide for
record keeping and efficient management of such system.
[Ord. No. 80-2 § 12]
If any article, section or subsection of this section is for
any reason held to be unconstitutional or invalid such provision shall
be deemed severable.
[Ord. No. 80-2 § 13]
[1974 Code § 4-8.1; Ord. No. 82-6 § 1-1]
As used in this section:
Shall mean enclosed buildings and vacant land used for the
storage of motor vehicles.
Shall mean individuals, partnerships, corporations, companies,
and any other similar association of person or persons engaged in
business.
Shall mean a motor vehicle employed for the purpose of towing,
transporting, conveying or removing any other motor vehicle, for which
service a charge or fee is to be exacted.
[Ord. No. 82-6 § 1-2]
No person shall operate a tow truck or conduct any towing service
within the Borough without first having obtained a license therefor.
[1974 Code § 4-8.3; Ord. No. 82-6 § 1-2.1]
The application for a license as required by Subsection 4-8.2 shall be made to the Borough Clerk and shall accurately specify the following information, the truth of which shall be sworn to by the applicant:
a.
The year, make, type, weight and registration number of the tow truck;
b.
The name and address of the applicant or applicants and if a corporation,
the name and address of each officer and director thereof;
c.
The name and address of the owner of the tow truck, if other than
the applicant;
d.
The location or locations of the premises at which the tow truck
is domiciled or garaged;
e.
The location or locations of the premises to which vehicles are to
be towed for storage and the maximum number of vehicles to be stored
at such premises.
[1974 Code § 4-8.4; Ord. No. 82-6 § 1-2.2]
No person shall respond to or stop at any scene for the purpose of towing a motor vehicle except as provided in Subsection 4-8.5 of this section, unless an application for towing has been filed with the Borough Clerk and approved by the Mayor and Council or their duly authorized representatives. Applications for towing shall be submitted on forms provided by the Borough Clerk.
[1974 Code § 4-8.5; Ord. No. 82-6 § 1-3]
Nothing contained herein shall be construed to prevent an owner
to call a garage or tow truck operator of his or her choice, unless
the vehicle is to be or has been impounded by the Borough Police Department
or any other duly authorized law enforcement agency.
[1974 Code § 4-8.6; Ord. No. 82-6 § 1-4]
All tow trucks shall be properly marked on both sides with the
name, address and telephone number of the owner. The use of the words
"Fairview" or "Fairview Police" or any other words or phrases that
may imply the vehicles are official motor vehicles shall be prohibited.
[1974 Code § 4-8.7; Ord. No. 82-6 § 1-5]
No vehicle shall be towed from any street under the jurisdiction of the Borough without prior authorization of the Borough Police Department except as described in Subsection 4-8.5.
[1974 Code § 4-8.8; Ord. No. 82-6 § 1-6]
All tow trucks shall be equipped with brooms and shovels, and
drivers shall be required to remove debris from the roadway. Police
Officers at the scene of an accident shall be in charge of all traffic
operations, including the removal of vehicles, and tow truck operators
shall comply with all instructions and direction issued by the Officers.
[1974 Code § 4-8.9; Ord. No. 82-6 § 1-7; Ord. No. 96-6 § 1]
No application for towing shall be approved unless the owner
of the tow truck and the garage where the vehicles are to be stored,
that is, if the garage is in the Borough of Fairview, shall carry
public liability insurance in minimum amounts of $100,000 per person
for bodily injury and $300,000 per accident for bodily injury and
$50,000 property damage per accident, which policy shall be endorsed
to provide collision coverage for vehicles in tow. All public liability
insurance for the garage where the vehicles are to be stored and the
vehicles to be utilized in towing shall be in the name of the licensee
or the company licensed to operate within the Borough of Fairview.
[1974 Code § 4-8.10; Ord. No. 82-6 § 1-8]
Vehicles which have been impounded or confiscated by the Borough
Police Department or any other duly authorized law enforcement agency
shall not be released without proper authorization from the officials.
[1974 Code § 4-8.11; Ord. No. 82-6 § 1-8]
Towing and storage charges shall not be greater than those towing
and storage charges which are allowed by this section. All motorists
and owners of vehicles shall be given itemized receipts for towing
and storage charges and any other services rendered.
[1974 Code § 4-8.12; Ord. No. 82-6 § 1-9]
No Police Officer, agent or employee of the Borough shall be
paid, receive or accept any commission, fee, money or anything of
value in connection with the removal of any vehicle from a street
or road or highway under the jurisdiction of the Borough; however,
nothing in this subsection is intended to prohibit any Police Officer,
agent or employee of the Borough from obtaining a license to operate
a tow truck or conduct any towing services within the Borough and
to collect such fees which are permitted by this section.
[1974 Code § 4-8.13; Ord. No. 82-6 § 1-11]
Upon receipt of a completed application as required by this
section and the certificates of insurance as required, the Borough
Clerk shall forthwith submit copies of the application to the Building
Department, the Fire Prevention Bureau and the Police Department for
investigation and reports. The Building Department and the Fire Prevention
Bureau shall report to the Borough Clerk as to whether the proposed
domicile of the tow truck or storage place complies with local zoning,
building and fire prevention ordinances. The Police Department shall
report as to whether the applicant and his equipment are qualified
to conduct a safe, honest and efficient towing service. All such reports
shall be made in writing to the Borough Clerk within 20 days after
requested by him.
[1974 Code § 4-8.14; Ord. No. 82-6 § 1-12; Ord. No. 93-5 § 1]
Upon receipt of all reports as set forth in this section, the
Borough Clerk shall forthwith transmit the reports to the Mayor and
Council, which shall grant or deny the issuance of a license within
30 days after receipt of all reports. Failure to act within the thirty-day
period shall be the equivalent of a denial. In the event of any denial,
the applicant shall forthwith be notified in writing, after which
notification the applicant shall have 10 days in which to make written
request to the Borough Clerk for a further hearing before the Mayor
and Council.
The Borough Clerk shall issue no more than two towing licenses
in the Borough of Fairview for the purpose of operating a tow truck
in the Borough of Fairview.
[1974 Code § 4-8.15; Ord. No. 82-6 § 1-13; Ord. No. 84-6]
Each tow truck shall be licensed separately. The fee for the
first truck shall be $125, and $75 for each additional truck, for
the year, or part thereof. Each license shall be issued in duplicate.
One copy of the license shall be kept at all times in the tow truck.
The other copy shall be kept at all times at the location at which
the tow truck is garaged or kept. Each license shall be valid from
the date of issuance through December 31 of the year of its issuance.
[1974 Code § 4-8.16; Ord. No. 82-6 § 1-14; Ord. No. 83-8; Ord. No. 84-10]
Any license issued hereunder may be renewed for additional periods
of one year upon:
a.
Submission to the Borough Clerk of a renewal application containing the same information previously required in Subsection 4-8.3;
c.
A written endorsement of good standing to be prepared by the Chief
of Police, which is to be attached to the application prior to its
presentation to the Mayor and Council for final approval;
d.
Payment to the Borough Clerk of a renewal fee in the amount of $125.
[1974 Code § 4-8.17; Ord. No. 82-6 § 1-14.1]
Any license required by this section shall not be transferred
or assigned without the prior approval of the Mayor and Council; nor
shall the place of operations or garaging of any tow truck licensed
hereunder be changed without the prior approval of the Mayor and Council.
[1974 Code § 4-8.18; Ord. No. 82-6 § 1-14.2]
Any license granted hereunder may be suspended or revoked by
the Mayor and Council after written and public hearing hereon, for:
a.
Misstatement in the application.
b.
Failure to maintain insurance in the amounts set forth in this section.
c.
Violation of any other provisions of this section.
d.
Violation of any law or regulation of the State of New Jersey which
might be deemed grounds for cancellation or revocation by the Mayor
and Council.
[1974 Code § 4-8.19; Ord. No. 82-6 § 1-15]
No person shall operate an unengaged tow truck along a public
street in the Borough at a slow rate of speed or in any other fashion
calculated for the obvious purpose of soliciting business.
[1974 Code § 4-8.20; Ord. No. 82-6 § 1-16]
No person shall tow or remove, or cause to be towed or removed,
any vehicle from a location within the Borough without the expressed
consent of the owner of the vehicle or the authorization of the Police
Department. A record shall be maintained at the garage or place of
the tow truck operator stating the address where the unclaimed vehicle
is being kept, and such information should be furnished to the Police
Department.
[1974 Code § 4-8.21; Ord. No. 82-6 § 1-17; Ord. No. 87-16 § 1; Ord. No. 98-29; Ord. No. 05-7; Ord. No. 09-23; amended 12-20-2022 by Ord. No. 22-12]
No owner or driver of a tow truck covered by this section may charge in excess of the following rates for towing, conveying, repair, service or storage of a commercial or truck vehicle. Service charges shall be the same as those charges which are set forth in Subsection 4-8.32, Fee Schedule, for passenger vehicles.
[1974 Code § 4-8.22; Ord. No. 82-6 § 1-18]
No license shall be issued for a tow truck unless the tow truck
business is operated from premises located within the Borough of Fairview,
which are zoned for the operation of this type of business. No truck
operator shall garage or maintain a tow truck business in a residential
zone or in any zone which is not zoned for such appropriate businesses.
[1974 Code § 4-8.23; Ord. No. 82-6 § 1-19]
Every owner and operator of a tow truck shall maintain a written
schedule of all rates and charges, in compliance with the limitations
set forth in this section and shall make the schedule of rates available
to any person requesting same at any time. Every tow truck operator
shall have conspicuously displayed thereon the following statement:
"Service, towing and storage charges are regulated by Fairview
Ordinance and will be made available on request."
[1974 Code § 4-8.24; Ord. No. 82-6 § 1-20; Ord. No. 87-28 § 1]
No licensee shall cause or suffer any disabled vehicle to be
parked from 5:00 p.m. to 9:00 a.m. on any Borough street, or to be
stored outdoors upon premises owned or leased by the licensee or any
other person for a period in excess of 30 days.
[1974 Code § 4-8.25; Ord. No.
82-6 § 1-21; Ord. No.
98-29; Ord. No. 05-7; amended 12-20-2022 by Ord. No. 22-12]
No owner or driver of a tow truck covered by this section may charge in excess of the following rates for towing, conveying, repair, service or storage of a commercial or truck vehicle. Service charges shall be the same as those charges which are set forth in Subsection 4-8.32, Fee Schedule.
[1974 Code § 4-8.26; Ord. No. 82-6 § 1-25]
The terms and provisions of this section shall not apply to
any tow truck which:
[1974 Code § 4-8.27; Ord. No. 82-6 § 1-26; New]
[Ord. No. 96-6 § 2]
No person shall be permitted to obtain a license to operate
a tow truck or conduct any towing service within the Borough without
having a flat bed vehicle, a tow truck and a heavy duty tow truck
so that the licensee is able to provide towing services for all types
of vehicles.
[Ord. No. 96-6 § 3]
No person shall be permitted to sublease vehicles or assign
their license to other companies or individuals to perform towing
services within the Borough of Fairview.
[Ord. No. 96-6 § 4;
amended 12-20-2022 by Ord. No. 22-12]
a.
The tow company must have business hours open to the public between
8:00 a.m. and 6:00 p.m. Monday through Friday and between 8:00 a.m.
and 3:00 p.m. on Saturdays.
b.
Vehicles will not be released during overnight hours and holidays.
c.
The tow company that does not release a stored motor vehicle to its
owner, or other person authorized to take the motor vehicle, during
normal business hours when requested, as required by paragraph b,
shall not charge a fee for after-hours release of the stored motor
vehicle.
[Added 12-20-2022 by Ord. No. 22-12]
a.
The tow company shall be obligated to tow and to make minor roadside
service repairs to vehicles owned by the Borough of Fairview in the
event that they become disabled, without charge to the Borough.
b.
In the event that the Fairview Police Department requires a vehicle
to be impounded for possible evidentiary value, the tow company operator
agrees that said tow shall be at no cost to the vehicle owner, provided
that the vehicle is towed to and from a location within a ten-mile
radius of the Borough and within the State of New Jersey. If the vehicle
is located outside before mentioned parameters, the cost of the tow
will be incurred by the Borough of Fairview.
[Added 12-20-2022 by Ord. No. 22-12]
|
Road Service
| |
|---|---|
|
Cars (Light)
|
$100 per hour plus parts
|
|
Trucks (Medium/Heavy)
|
$250 per hour plus parts
|
|
Towing - Basic
| |
|---|---|
|
Light Duty - up to 10,000 lbs.
|
Hook-up $125
|
|
Medium Duty - 10,001-16,000 lbs.
|
$250 per hour
|
|
Heavy Duty - 16,001 and above
|
$500 per hour
|
|
Decoupling Fee (if tow is not performed)
|
1/2 of basic rate
|
|
On-Hook Mileage
| |
|---|---|
|
Light Duty
|
$7 per loaded miles
|
|
Medium Duty
|
N/A
|
|
Heavy Duty
|
N/A
|
|
Recovery/Winching (In addition to towing - per truck including
driver)
| |
|---|---|
|
Light/Medium Duty 10,001-16,000 lbs.
|
$300 per hour charged in 1/2 hour increments of $175 per 1/2
hour
|
|
Heavy Duty 16,001 and above
|
$600 per hour
|
|
Specialized Recovery Equipment
| |
|---|---|
|
Rotator/Crane Recovery Unit
|
$1,200 per hour
|
|
Tractor with Landoll Trailer or Detach Trailer
|
$500 per hour
|
|
Tractor/Transport Hauler Only
|
$350 per hour
|
|
Refrigerated Trailer w/Tractor
|
$550 per hour
|
|
Box Trailer w/Tractor
|
$500 per hour
|
|
Air Cushion Unit
|
$1,000 per hour
|
|
Light Tower
|
$250 per hour
|
|
Pallet Jack
|
$200 flat rate
|
|
Rollers
|
$200 flat rate
|
|
Any Other Specialized Equipment
|
$300 per hour
|
|
Loader/Backhoe/Telescopic Handler/Bulldozer/Bobcat
|
$400 per hour each
|
|
Forklift
|
$400 per hour
|
|
Dump Truck/Dump Trailer w/Tractor
|
$400 per hour
|
|
Roll-off with Container
|
$400 per hour plus disposal
|
|
Recovery Supervisor Vehicle
|
$150 per hour
|
|
Scene Safety Equipment, Communication Equipment, Traffic Management
Equipment, etc.
|
$250 per hour each type used
|
|
Recovery Support Vehicle/Trailer Additional Recovery Equipment
|
$350 per hour
|
|
Labor - All Labor Minimum of 1 hour
| |
|---|---|
|
Accident Minor Clean-up and Disposal of Debris
|
$75 per hour one hour minimum plus cost of absorbant materials
used
|
|
Recovery Supervisor and/or Level III Recovery Specialist
|
$200 per hour
*Charges limited to one per incident
|
|
Certified Towing Operator
|
$150 per hour per man
|
|
Manual Laborers
|
$125 per hour per man
|
|
Storage (indoor or outdoor) - Per Calendar Day
| |
|---|---|
|
Cars/Light Trucks - 10' X 20' Space
|
$35 per day
|
|
Trucks (Dual Wheels)/Single Axle
|
$125 per day
|
|
Tractor/Dump Truck/Tractor and Trailer Combo/Trailers
|
$125 per unit per day
|
|
Buses
|
$150 per day
|
|
Roll-Off
|
$125 per day for each
|
|
Cargo/Accident Debris/Load Storage/Vehicle Components
10' X 20' Space
|
$50 per space used per day
|
|
Rental of Any Tow Company Supplied Trailer Post Incident
|
$500 per day
|
|
Storage Billed per Calendar Day.
| |
|
Additional Services/Notes
| |
|---|---|
|
Fuel/Haz-Mat/Cargo Spills, Clean-up and Disposal
|
Time and material
|
|
Hazmat and Trash Recovery
|
Surcharged 10%
|
|
Subcontractor Mark-Up
|
20%
|
|
Administrative Charge Only After 3rd Visit to Vehicle
|
Cars only - $50
|
|
Administration Charge
|
Medium/heavy truck - $200
|
|
After Hours Release
|
$85
|
|
Notification Documentation Fee
|
$75
|
|
Tarping/Wrapping Vehicle
|
$90 per car, $250 per truck
|
|
Notes:
| |
|
*
|
After the first hour, all hourly billable rates will be charged
in half hour increments.
|
|
**
|
Charges for all tows are inclusive of the operator. You may
not separately charge for an operator that drives/operates the towing
equipment.
|
[1974 Code § 4-10.1; Ord. No. 91-24 § I]
As used in this section:
Shall mean and include any automobile, motorbus, jitney or
motor vehicles engaged in the business of carrying passengers for
hire over any of the streets in the Borough of Fairview and indiscriminately
accepting or discharging any such passengers as may offer themselves
for transportation at successive points along the way or route on
which it is operated.
Shall mean and include any street, road, alley, avenue, lane
or public place in the Borough of Fairview.
[1974 Code § 4-10.2; Ord. No. 91-24 § II]
No person, persons or corporation shall run or operate or cause
to be run or operated any autobus or jitney for the carrying of passengers
for hire within the limits of the Borough of Fairview except under
and in strict compliance and obedience to and with the conditions,
requirements, rules and traffic and Police regulations established
or to be hereafter established by the Borough Council by resolution
duly passed at any regular meeting thereof. All licenses hereinafter
provided for shall be issued subject to revocations by resolution
of the Borough Council at any time for the violation of any of the
terms of this section or of any of the rules or Police rules and regulations
shall provide for and include the manner in which all such jitneys
or autobuses shall be operated within the Borough and the prices and
fares to be charged to passengers for transportation, together with
such other rules, conditions and regulations as the Borough Council
shall, from time to time, establish and provide.
[1974 Code § 4-10.4; Ord. No. 91-24 § IV]
No person or persons shall propel, drive or cause to be propelled
or driven within the limits of the Borough of Fairview any autobus
or jitney used for the conveyance or transportation of persons for
hire, without first having obtained a license with a photo I.D. as
provided in this section for that purpose from the Borough Clerk for
each and every vehicle so engaged or used. All licenses issued hereunder
shall be subject to revocation as hereinabove provided and shall be
prepared and numbered annually by the Borough Clerk from number one
up consecutively and shall be designated by the numbers and the driver
of such vehicle shall at all times display in the vehicle the license
and photo I.D. and is hereby required to provide the license for inspection
whenever required by a constable or other official of the Borough
together with his driver's license issued by the New Jersey Motor
Vehicle Department. Any such license may be transferred by applying
to the Borough Clerk and paying the sum of $50 as the transfer fee,
subject however to the conditions of this section.
[1974 Code § 4-10.5; Ord. No. 91-24 § V]
Every owner of any such autobus or jitney, whether resident
in the Borough of Fairview or not, who shall propel such vehicle within
the Borough for the purpose of conveying passengers for hire, shall
annually file with the Borough Clerk a statement in writing containing
the name and address of the owner thereof together with a brief description
of such vehicle, including the State license number and seating capacity
thereof, and shall also pay annually to the Borough Clerk the license
fee set forth above in this section before proceeding to drive or
propel or cause to be driven or propelled any such vehicle within
the limits of the Borough. Upon the payment of such license fee, the
Borough Clerk shall, subject to the terms and conditions of this section,
issue for any such vehicle so registered, a license properly numbered
stating the name of the owner and the year for which it is issued,
the State license number and its seating capacity and setting forth
that the vehicle is registered and is subject to revocation for the
violation of any of the terms or provisions of this section or of
the rules of Police or traffic regulations established by the Borough
Council of the Borough, and shall cause the name of each owner so
applying with his or her address and description of the vehicle to
be used to be entered in a book to be kept for that purpose.
[1974 Code § 4-10.6; Ord. No. 91-24 § VI]
The owners of all autobuses and jitneys, before being permitted
to operate within the Borough, shall carry with any reputable insurance
company liability insurance in the amount of $50,000/$100,000 and
shall, in addition thereto, carry insurance covering damage to property
in the amount of $25,000, which insurance must be maintained continuously
during the period of the license. Failure to maintain such insurance
shall be deemed sufficient cause for the revocation of the license.
[1974 Code § 4-10.7; Ord. No. 91-24 § VII]
It is further provided that the owners or operators of any and
all autobuses or jitneys operating within the Borough shall submit
the vehicle to inspection at least twice during each and every year,
by an inspector designated and appointed by the Police Department,
and shall cause to have repaired and corrected any and all defects,
mechanical or otherwise, as specified and indicated by the inspector,
and the autobus or jitney shall not be further operated until such
repairs are completed to the satisfaction of the inspector.
[1974 Code § 4-10.8; Ord. No. 91-24 § VIII]
Any person or persons violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5 and shall also be liable to the revocation of his or her license issued under the terms of this section. For each and every violation it shall be the duty of the Prosecutor of the Borough of Fairview to prosecute all violators of this section.
[1974 Code § 4-10.9; Ord. No. 91-24 § IX]
Nothing herein contained shall in any way exempt any persons
owning or operating any autobus or jitney from complying with all
existing statutes relating to the ownership, registration and operation
of automobiles in this State.
[1974 Code § 4-10.14; Ord. No.
98-3; Ord. No. 99-7; Ord. No. 01-25]
Autobuses shall only be permitted to pick up and discharge passengers
at designated New Jersey Transit stops located on the following major
thoroughfares: Anderson Avenue, Bergen Boulevard, Fairview Avenue
and Routes 1 & 9. All stops for taking on or letting off passengers
at corners shall be on the side of the intersecting streets.
Autobuses shall only be permitted to park on public streets
permitting the parking of commercial vehicles. Specifically, autobuses
shall not be permitted to park in shopping centers or any other commercial
parking lots unless authorized by the property owner and permitted
by the municipal zoning ordinance.
[1974 Code § 4-11.1; Ord. No. 93-11 § 1]
Whenever a term is used in this section which is defined by
the statutes of the State of New Jersey (the New Jersey Explosive
Act N.J.S.A. 21:1A-128 et seq.), or the rules and regulations of the
Bureau of Engineering and Safety, New Jersey Department of Labor and
Industry, or Chapter 190, Explosives of Title 12 N.J.A.C., such term
is intended to have the meaning set forth in the definition of such
term found in the statutes, act, or rules and regulations, unless
a contrary intention is clearly expressed from the context of this
section.
[1974 Code § 4-11.2; Ord. No. 93-11 § 2]
The provisions of this section shall not relieve any person
of the duty to observe other or more restrictive provisions as set
forth in the statutes of the State of New Jersey, the New Jersey Explosive
Act, or the rules and regulations of the Bureau of Engineering and
Safety, New Jersey Department of Labor and Industry.
[1974 Code § 4-11.3; Ord. No. 93-11 § 3]
Any person desiring to perform any blasting activities or operations
in the Borough of Fairview shall file an application with the Bureau
of Fire Protection and the Construction Code Office. Such application
shall contain the following information:
a.
Name, address and telephone number of applicant;
b.
Street address of the property upon which blasting activity will
be conducted (including tax block and lot);
c.
Sketch map showing location and extent of proposed blasting;
d.
Times and dates of proposed blasting activity;
e.
Original copy of certificate of insurance;
f.
Issuance date, expiration date and number of State Blasting Permit
and name, address and telephone number of holder if different than
applicant;
g.
Names and addresses of all property owners located within 400 feet
of the exterior of lot or boundary line of the property, upon which
blasting activity shall be conducted.
[1974 Code § 4-11.4; Ord. No. 93-11 § 4]
a.
Blasting and explosion shall be covered during the period of blasting
activity by insurance covering the risk of explosion in an amount
and form satisfactory to the Borough Attorney based upon current risk
analysis. Prior to the issuance of any blasting permit, the applicant
shall file an original copy of a certificate of its blasters' insurance
with the Bureau of Fire Protection and with the Construction Code
Official. The Borough of Fairview shall be named as an additional
insured.
b.
Prior to issuance of a blasting permit, the applicant shall indemnify
and hold harmless the Borough of Fairview and all its officials, agents
and employees from all suits, actions, or claims of any character,
name and description of trespasses or tortuous or negligent acts or
faults of the applicant, its agents or employees resulting in any
injuries or damages received or sustained by any person or persons
or any property in connection with the proposed blasting operations
or on account of the applicant's failure to observe the requirements
of the statutes of the State of New Jersey, the New Jersey Explosive
Act, the rules and regulations of the Bureau of Engineering and Safety,
New Jersey Department of Labor and Industry, or this chapter.
[1974 Code § 4-11.5; Ord. No. 93-11 § 5]
a.
The permit free for blasting or use of blasting materials shall be
$100 per day of proposed blasting activity and shall accompany the
application. Such fee shall cover the cost of administrative review
and engineering or other inspection as may be required. Payment shall
be made by check or money order payable to the Borough of Fairview.
b.
Permits shall be valid for one year, or unless sooner revoked and
shall be valid only for the number of days proposed for blasting activity
noted in the application. A new application and permit fee must be
submitted should the total number of blasting activity exceed the
number of days proposed in the initial application.
[1974 Code § 4-11.6; Ord. No. 93-11 § 6]
a.
Prior to commencement of any blasting activity on the site, the permittee
shall conduct a pre-blast survey of all properties, dwellings, buildings
or accessory structures within 400 feet of the proposed blasting site
or the exterior lot or boundary line of the property upon which blasting
activity shall be conducted and such survey shall be filed with the
Bureau of Fire Protection. Such survey shall be made with the consent
of each affected property owner and/or occupant of properties. The
permittee shall be excused from conducting such survey on any property
in the event any owner or occupant shall refuse to grant his consent,
notwithstanding the receipt by certified mail on two occasions of
a pre-blast survey request from the permittee, together with a copy
of this section. Such survey shall include photographs of the interior
and exterior of affected properties. The pre-blast survey shall be
filed with the Bureau of Fire Protection prior to any blasting activity.
b.
Twenty-four hours prior to initial blasting, the permittee shall
provide written notice of such proposed blasting activity by certified
mail, return receipt requested, or personally serve each property
owner or occupant within 400 feet of the proposed blasting activity
or the exterior lot or boundary line upon which blasting activity
shall be conducted. Similar notice shall also be delivered to the
Bureau of Fire Protection and Police Department and the Building Department.
The notice shall also include the name and address of the permittee
insurance carrier, the procedure for making a damage claim, and a
blank damage claim form from the permittee's insurance carrier. The
certified mail receipts and/or affidavits of service shall be filed
with the Bureau of Fire Protection.
c.
Upon the written request of a permittee, the Borough Assessor shall, within seven days, make and certify a list from the current tax roll, duplicates of names and addresses of owners to whom the permittee is required to give notice pursuant to Subsection a of this subsection. The permittee shall be entitled to rely upon the information contained in such list and failure to give notice to any owner or occupant not on the list shall not be deemed a violation of this section. A sum not to exceed $2 per name, or $20, whichever is greater, may be charged by the Borough for such list.
[1974 Code § 4-11.7; Ord. No. 93-11 § 7]
a.
If any damage is incurred due to blasting activity, the Chief of
the Bureau of Fire Protection in his discretion, may halt all blasting
pending an investigation by the State Department of Labor and Industry.
No further blasting activity may be conducted until approval is obtained
from the State Department of Labor and Industry and the Borough of
Fairview.
b.
Upon the expiration of the blasting permit or within 72 hours following
completion of blasting activity, whichever first occurs, the permittee
shall conduct post-blast survey of all properties, dwellings, buildings
or accessory structures within 400 feet of the subject blasting site
or exterior lot or boundary line upon which blasting activity has
been conducted to determine the existence and/or extent of any and
all damage, and same shall be filed with the Bureau of Fire Protection.
The failure to determine or discover the existence of any damage within
such seventy-two-hour period shall not be deemed to constitute a waiver
should any claim be made subsequent to the expiration of such period.
[1974 Code § 4-11.8; Ord. No. 93-11 § 8]
[1974 Code § 4-11.9; Ord. No. 93-11 § 9]
a.
Nothing contained in this section shall be construed as applying
to the military or naval forces of the United States or the duly authorized
militia of this or any State, nor to the Police or Fire Departments
of this State, or municipality, provided that same are acting in their
official capacity and in the performance of their official duties.
b.
Nothing contained in this section shall be construed as applying
to the public display of fireworks, provided that same are displayed
to applicable State statutes and local ordinances.
[1974 Code § 3-24.1; Ord. No. 90-15 § 1]
It shall be unlawful for any public dance hall, public assembly
hall, nightclub, cabaret, theater, movie house, social club, restaurant
and/or any person, partnership or corporation holding a plenary retail
consumption license[1] occupying any buildings or parts of buildings to furnish
in or on those premises occupied by the aforesaid establishments entertainment
of any kind or nature, whether or not an admission charge, cover fee
or minimum is charged, without first obtaining a license therefor
from the Governing Body.
[1974 Code § 3-24.2; Ord. No. 90-15 § 2]
No licensee shall engage in or shall allow, permit or suffer
any person employed to perform dancing or other entertainment in or
upon the licensed premises or to carry on any part of such dancing
or other entertainment in a lewd, licentious or lascivious manner.
[1974 Code § 3-24.3; Ord. No. 90-15 § 3]
No licensee shall engage in or shall allow, permit or suffer
any person to appear on the premises of any establishment licensed
for entertainment in any act, scene, sketch or other form of entertainment,
including dancing for the benefit of patrons, with either or both
breasts or the lower part of the torso uncovered or so thinly covered
or draped so as to appear uncovered, such as in the manner of topless
or bottomless dancing.
[1974 Code § 3-24.4; Ord. No. 90-15 § 4]
No licensee shall employ, allow, permit or suffer any waitress,
waiter, bartender, barmaid or any other person employed by the licensee
for a purpose other than providing entertainment, which other person
comes in contact with or is likely to come in contact with the patrons
of the licensed establishment, to appear in the presence of such patrons
with either or both breasts or the lower part of the torso uncovered
or so thinly covered or draped so as to appear uncovered.
[1974 Code § 3-24.5; Ord. No. 90-15 § 5]
No licensee shall engage, employ, allow, permit or use entertainers
under the age of 21 years.
[1974 Code § 3-24.6; Ord. No. 90-15 § 6]
No licensee shall employ, allow, permit or suffer in and upon
the licensed premises any person to perform for hire or for the entertainment
of patrons any dances, ballet, acrobatics or public performances of
any kind, in which body movement constitutes the principal or integral
part of such performance, which body movement shall be representative
of indecent acts or activity that would arouse the sexual desire of
others. No licensee shall provide any entertainment which entertainment
shall cause the aforesaid premises to be conducted in such a manner
as to become a nuisance.
[1974 Code § 3-24.7; Ord. No. 90-15 § 7]
a.
Any person desiring a license under this section shall file with
the Borough Clerk an original and four copies of an application, under
oath, in writing on a form furnished by the Borough Clerk.
b.
The application shall set forth the following information:
1.
The applicant's name, business name and business address.
2.
Whether the applicant is an individual, a partnership, a corporation
or other entity, and, if another entity, a full explanation and description
thereof.
3.
If the applicant is an individual, the applicant's residence address
and date and place of birth.
4.
If the applicant is a partnership, the full names, residence addresses,
dates and places of birth of each partner.
5.
If the applicant is a corporation or other entity, in the case of
a corporation, the full names, residence addresses, dates and places
of birth of each major officer and each stockholder, the name and
address of the registered agent and the address of the principal officer.
The term "stockholder," as used herein, means and includes any person
owning or having an interest, either legal or equitable, in 10% or
more of the stock issued and outstanding of the applicant corporation;
in the case of another entity, the full names, residence addresses,
dates and places of birth of each person owning or having any interest,
either legal or equitable, aggregating in value 10% or more of the
total capital of the entity, the name and address of the registered
agent, if any, and the address of the principal office.
6.
Whether the applicant or any partners, officers or stockholders thereof
have ever been arrested or convicted of a crime, and, if so, the name
of the person arrested or convicted, the date of arrest, the crime
or charge involved and the disposition thereof. The term "officers,"
as used herein, means and includes the president, vice presidents,
secretary and treasurer of a corporate applicant.
7.
The number of plenary retail consumption licenses held by the applicant.
8.
A specific description of the nature and type of entertainment to
be provided on the licensed premises.
c.
Upon receipt of such application, the Borough Clerk shall submit
the same to the Police Department, Fire Public Safety Department,
Building Department and Health Department for reports with reference
to the compliance or noncompliance of the licensed premises with municipal
and State rules, regulations, statutes and ordinances and the truth
of the matters contained in the application.
d.
Upon receipt of such application and reports, the Borough Clerk shall
submit same to the Mayor and Council for its consent and approval.
e.
The Mayor and Council shall consent to and approve the issuance of
such permit unless it reasonably finds that the applicant's character
and business responsibility are not satisfactory; that a violation
of municipal or State rules, regulations, statutes and ordinances
exist; that untrue matters are contained in the application for such
permit; that the issuance of such permit will tend to create a nuisance;
or that the issuance of such permit will adversely affect the good
government, order and protection of persons and property and the preservation
of the public health, safety and welfare of the Borough of Fairview
and its inhabitants. The Borough shall determine that the applicant's
character and business responsibility are satisfactory unless the
application, the reports of the various departments or other evidence
presented shall tangibly disclose any of the following:
1.
Conviction for a crime involving moral turpitude.
2.
Prior violations of statutes, ordinances or regulations relevant
to the furnishing of entertainment.
3.
Conviction for a crime or disorderly persons offense involving gambling.
4.
Concrete evidence of bad character.
5.
Grounds similar to those listed above which would reasonably cause
the Borough to determine that the character and business responsibility
of the applicant or any partner, officer or stockholder thereof are
not satisfactory.
f.
Upon the consent and approval of the Mayor and Council to the issuance
of such permit, the Borough Clerk shall issue the same.
[1974 Code § 3-24.8; Ord. No. 90-15 § 8]
Any permit issued under this section may be revoked by the Mayor and Council. If the Mayor and Council shall determine that there are reasonable grounds upon which to revoke any such permit, such grounds being the same grounds upon which the Mayor and Council may refuse to consent to and approve the issuance of such permit as set forth in Subsection 4-12.7 above, it shall cause a notice to be served, in writing, upon the permittee or other person in charge of the premises for which such permit has been issued, citing the permittee to appear before the Mayor and Council at the time and place designated in the notice to show cause why such license should not be revoked. Notice may be served upon the permittee by personal service or by registered or certified mail addressed to the permittee's last known address. The permittee shall be afforded a hearing before the Mayor and Council prior to the final revocation of such permit.
[1974 Code § 3-24.9; Ord. No. 90-15 § 9]
a.
An entertainment license may be revoked or suspended in the event
that any businesses are operated in a manner which substantially impairs
public safety to their customers or to the general public. As a specific
standard, the following activities shall be deemed to be injurious
to the public health and therefore prohibited: loud and abusive noises
coming from customers or business invitees; loud gatherings within
and upon the business premises; loud, unruly and profane language;
public drunkenness; minors consuming alcoholic beverages; overcrowding
upon the business premises or near the business premises due to activity
upon the business premises; use of fireworks; public urination; excessive
noise as defined in the following subsections; and any other disorderly
acts which disturb the peace and good order of the neighborhood and
community. As a further specific standard, any creating of loud or
unnecessary noise shall be prohibited upon the business premises or
near the business premises due to activity on the business premises.
The making, creating or permitting of any unreasonably loud, disturbing
or unnecessary noise in the Borough is hereby prohibited.
b.
The making, creating or permitting of any noise of such character,
intensity or duration as to be detrimental to the life, health or
welfare of any individual or which either steadily or intermittently
annoys, disturbs, injures or endangers the comfort, repose, peace
or safety of any individual is hereby prohibited.
c.
In the event that the Borough of Fairview, through its Police Department or its residents, receives three separate written complaints during one calendar year concerning the improper operation of a business establishment allegedly violating one of the standards set forth in Subsections a and b of this subsection, then the complaints are to be reviewed by the Mayor and Council or its duly authorized representatives. By "separate" complaints it is meant that separate and different individuals make each complaint. Upon the Borough receiving the three separate complaints during the one calendar year, the following actions shall be taken:
1.
The Police Department or its duly authorized representative shall
investigate the circumstances alleged in the complaints by contacting
the complainants, checking other Police records and taking whatever
steps are necessary to determine whether or not a valid complaint
exists.
2.
If it is determined that a valid basis for a complaint exists, then
the Mayor and Council or its duly authorized representative shall
cause a formal legal complaint to be served upon the licensee in question,
and the formal legal complaint shall clearly state the charges brought
against the licensee. This formal legal complaint may be served by
personal service, certified mail or regular mail in the event that
service is refused. If the whereabouts of the licensee is unknown
and the same cannot be ascertained by the exercise of reasonable diligence,
the Mayor and Council, or its duly authorized representative shall
make an affidavit to that effect and then serve such complaint or
order by publishing same once each week for two consecutive weeks
in the newspaper printed and published in the Borough of Fairview
or, in the absence of such newspaper, in one printed and published
in Bergen County and circulating in the Borough of Fairview. The formal
legal complaint shall further state the charges and it shall contain
a notice that a hearing shall be held before the Mayor and Council
or its duly authorized representative at a place herein fixed not
less than 10 days nor more than 30 days after the serving of the formal
legal complaint and to appear in person or by their attorney and give
testimony at the place and time fixed in the formal legal complaint;
and that the rules of evidence prevailing in the courts of law of
equity shall be controlling at the administrative hearing if objections
are properly made as usual.
3.
If, after the notice and hearing, the Mayor and Council, or its duly authorized representative, determines that the licensee has operated its business in a manner injurious to the public health, safety or welfare, by violating one of the standards set forth in Subsections a and b of this subsection, then a written order shall issue to the licensee. The order shall state the findings of the Governing Body or its duly authorized representatives and shall prescribe the remedial action to be taken by the licensee. In the event that the licensee fails to cease the improper operation or in the event that the actions are considered to be of such a serious nature and/or a continuing threat to the health, safety and welfare of the residents of the Borough of Fairview by being in violation of one of the standards set forth in Subsections a and b of this subsection, then the licensee's entertainment license may be suspended or revoked.
[1974 Code § 3-24.10; Ord. No.
90-15 § 10]
The permit fee for the entertainment permit shall be $100 per
year or for any part thereof. The fee shall accompany the application
for the permit. All permits shall run from July 1 and expire on June
30 of the next succeeding year of its issuance.
[1974 Code § 3-24.11; Ord. No.
90-15 § 11]
No entertainment permit shall be granted unless the licensed
premises shall have provisions for seating 25 or more persons.
[1974 Code § 3-24.12; Ord. No.
90-15 § 12; New]
[1974 Code § 4-12.13; Ord. No.
90-15 § 13]
Except as otherwise provided, each and every day in which a
violation of any provision of this section exists shall constitute
a separate violation.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 73-3.
[Ord. No. 95-4 § 1]
As used in this section.
Shall mean an organization that is qualified under State
or Federal law as tax exempt, nonprofit organization or any organization
group that espouses or advocates a position or belief on any subject
of public interest or on behalf of any candidate for public office.
Shall mean to call upon persons to elicit or determine opinions,
feelings, sentiments or information of any nature.
Whenever used in the written ordinance, shall mean and include all activities outlined in Subsection 4-13.2 of this section.
[Ord. No. 95-4 § 2]
No person, firm or corporation shall canvass, solicit, distribute
circulars or other matter or call from house to house in the Borough
of Fairview to sell, promote the sale of or attempt to sell goods
by sample or to take or attempt to take orders for the future delivery
of goods, merchandise, wares or any property personal or real, of
any nature whatsoever, or take or attempt to take orders for services
to be furnished or performed presently or in the future without first
having obtained a written permit therefore from the Borough Police
Department.
[Ord. No. 95-4 § 3]
a.
Any person, firm or corporation soliciting or canvassing on behalf
of a bona fide religious, charitable or political organization shall
be exempt from the requirements of this section, except for the hours
of solicitation and for the registration requirements hereinafter
provided.
b.
Any person, firm or corporation delivering goods or performing services
which have previously been ordered by the person owning, leasing or
occupying the property where such delivery is made or service performed
shall be exempt from the requirements of this section.
c.
Any person, firm or corporation calling upon or soliciting from commercial
establishments located in the Borough of Fairview shall be exempt
from the requirements of this section.
d.
Any minor employed by a newspaper as a carrier, who has been issued
a minor's carrier permit pursuant to N.J.S.A. 34:2-21.15 and who has
been previously registered with the Police Department by the employing
newspaper, shall be exempt from the requirements of this section.
e.
Any candidate for public office or person campaigning on behalf of
such a candidate, where such candidate is seeking election to an office
to be voted upon by the residents of the Borough of Fairview who are
duly registered to vote in elections in accordance with the laws of
the State of New Jersey, shall be exempt from the requirements of
this section.
[Ord. No. 95-4 § 4]
All person seeking a permit to canvass or solicit shall file
an application with the Borough Clerk on a form supplied by the Borough.
The application form shall require the following information:
a.
Name of the applicant.
b.
Permanent home address.
c.
Temporary address.
d.
Name and address and telephone number of the employer or firm represented.
e.
Place or places of residence of the applicant for the preceding three
years.
f.
Date on which soliciting or canvassing is to commence and end.
g.
Nature of goods or merchandise to be sold or offered for sale or
the nature of the services to be furnished.
h.
Whether the applicant has been convicted of a crime, disorderly persons
offense or violation of any ordinance relating to canvassing or soliciting
and, if so, where and the nature of the offense.
i.
The names of other municipalities in New Jersey where the applicant
has been issued a permit to solicit in the past two years.
j.
Whether any motor vehicle will be used in connection with the canvassing
or soliciting and, if so, the make, year, color, type and license
plate number.
k.
Physical description of the applicant.
l.
Marital status and social security number.
The application shall be accompanied by a letter or other written
statement from the individual, firm or corporation employing the applicant
certifying that the applicant is authorized to act as the representative
of the individual, firm or corporation.
[Ord. No. 95-4 § 5]
a.
Upon receipt by the Borough Clerk of an application, it shall be
his duty to refer same to the Police Department who shall:
1.
Cause the applicant and each salesman or solicitor who will operate
under the permit to be fingerprinted. No permit shall be issued until
the fingerprints are cleared through the New Jersey State Police.
2.
Cause an investigation to be made of each applicant and salesman
or solicitor, having particular reference to the individual's character,
reputation and criminal record, if any.
b.
Upon receipt of the report aforesaid but in no case prior thereto,
the Borough Clerk shall proceed to process the application. Permits
issued shall be evidenced by a card or cards to be supplied to each
canvasser or solicitor and which shall contain the original permit
number and a passport-size picture and bear the signature of the canvasser
or solicitor.
[Ord. No. 95-4 § 6]
a.
Any applicant who fails to fully comply with the requisites established
for issuance of a permit shall be denied a permit.
b.
Any falsification of information required to be provided in the application
process shall result in denial or immediate revocation of the applicant's
permit.
c.
Any failure to comply with the other provisions of this section shall
result in immediate revocation of the permittee's permit.
d.
Any failure of a permittee to prominently display his permit upon
his person when soliciting shall result in immediate revocation of
the permit.
[Ord. No. 95-4 § 7]
Permittees shall be allowed to solicit only on Monday to Saturday
between the hours of 9:00 a.m. and 8:00 p.m. daylight saving time,
or 7:00 p.m. standard time. No canvassing or soliciting shall be permitted
on Sunday.
[Ord. No. 95-4 § 8]
The Fairview Police Department shall issue all permits within 48 hours of the time when an applicant has completed the requisites set forth in Subsections 4-13.4 and 4-13.5 of this section. In computing the forty-eight-hour period, Saturdays, Sundays and holidays shall be excluded from such computation.
[Ord. No. 95-4 § 9]
Each permittee shall be issued a permit which shall be prominently
displayed upon the person of the permittee whenever such permittee
is engaged in canvassing or soliciting.
[Ord. No. 95-4 § 10]
Each applicant for a permit shall pay a fee of $50 for an annual
permit. The permit shall expire on December 31 of each year, and no
permit fee shall be prorated for part of the year. Religious, charitable,
education and political organizations shall be exempt from paying
a fee for a permit.
[Ord. No. 95-4 § 11]
No permit shall be transferable. In the case of a firm or corporation,
each person representing such firm or corporation shall be issued
a separate permit.
[Ord. No. 95-4 § 12]
The Police Department shall have the power and authority to
grant, deny or revoke permits, as provided for and in accordance with
the terms of this section.
[Ord. No. 95-4 § 13]
Any person, firm or corporation charged with violating any of
the provisions of this section shall, upon conviction thereof, be
liable for a fine not exceeding $500 or imprisonment in the County
Jail not exceeding 90 days, or both.
[Ord. No. 95-4 § 14]
a.
Any person, firm or corporation soliciting or canvassing on behalf
of a bona fide religious, charitable or political organization, as
defined in this section shall, prior to such solicitation or canvassing,
file with the Fairview Police Department, a completed application
in the form provided.
b.
The application shall contain the following information:
1.
The name and address of the firm, corporation or organization represented
by the individual solicitor, when applicable.
2.
The name, address and telephone number of the person in charge of
such organization to be contacted in case of emergency.
3.
The name, address (both temporary and permanent), telephone number,
social security number and date of birth of all individual solicitors
who will be soliciting or canvassing within the Borough of Fairview.
4.
Whether the applicant has been convicted of a crime, disorderly person's
offense or violation of any ordinance relating to canvassing or soliciting
and, if so, when, where and the nature of the offense; the names of
other municipalities in New Jersey where the applicant has been issued
a permit to solicit in the past two years.
5.
Whether any motor vehicle will be used in connection with the canvassing
or soliciting and, if so, the make, year, color, type and license
plate number.
6.
Nature of any goods or services to be sold or the purpose of the
solicitations or canvassing.
c.
Such application shall be filed with the Fairview Police Department,
at least 48 hours prior to the time when such soliciting or canvassing
shall take place. In computing the forty-eight-hour period, Saturdays,
Sundays and holidays shall be excluded from such computation.
e.
Each solicitor or canvasser shall be issued a permit by the Borough
of Fairview. The permit shall be available to be picked up from the
Borough Police Department. Each permittee shall prominently display
the permit upon his person whenever such permittee is engaged in canvassing
or soliciting. No permit shall be transferable.
f.
Failure to fully comply with the requisites established for issuance
of a permit, falsification of any information required to be provided,
failure to properly display the permit issued or soliciting or canvassing
during prohibited hours shall result in denial or immediate revocation
of the applicant's permit.
[Ord. No. 95-4 § 15]
a.
In any case where, in the opinion of the Police Department, a permit
should be revoked or should not be issued to a person applying under
any provision of this section, the Police Department shall immediately
forward such matter to the Governing Body for their consideration.
The Police Department shall forward any application file, together
with supporting data and information and the reasons which form the
basis of his opinion, to the Governing Body for their review and decision.
The Governing Body may deny or revoke a permit where they find the
applicant or permittee has failed to comply with any of the provisions
of this section or has been convicted of a crime, disorderly person's
offense or ordinance violation which relates adversely to the activity
for which the permit has or would be issued.
b.
In cases where a permit is subject to revocation for any reason provided
for in this section, the Police Department may temporarily suspend
such permit, pending consideration of the matter by the Governing
Body of the Borough of Fairview.
[1974 Code § 3-22; Ord. No. 84-17; New]
The following regulations governing the issuance of a permit
for feasts and carnivals in the Borough are hereby established:
a.
The permit is limited to three days.
b.
Hours permitted are 12:00 noon through 12:00 a.m.
c.
Main thoroughfare may not be closed; including Anderson Avenue, Bergen
Boulevard, Broad Avenue or Fairview Avenue.
d.
The Police Department, the Fire Department or the Health Department
shall have the authority to request permits from all departments.
e.
Clean up is required within 24 hours or the bond shall be forfeited.
A bond of $5,000 shall be posted by submitting a certified bank check
before a permit is granted. Failure to comply will forfeit the bond.
f.
Petition for a permit shall be made 45 days before date of the proposed
event. Permission may be given only by Mayor and Council. A license
application fee of $500 and the bond shall be submitted at this time.
[Ord. No. 01-12 § 1]
As used in this section:
Shall mean the taking of still or motion pictures either
on film or videotape or similar recording medium, for commercial or
educational purposes intended for viewing on television, in theaters
or for institutional uses. The provisions of this section shall not
be deemed to include the filming of news stories within the Borough.
Shall mean:
Shall mean any and every public street, highway, sidewalk,
square, public park or playground or any other public place within
the Borough which is within the jurisdiction and control of the Borough
of Fairview.
[Ord. No. 01-12 § 2]
a.
No person or organization shall film or permit filming on public property within the Borough without first having obtained a permit from the Office of the Borough Clerk. This permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. No permit shall authorize filming for more than three consecutive days in any one location and in no event shall filming at one location within the Borough exceed a total of six days in any one calendar year regardless of the number of permits utilized in reaching this six day maximum. This six day limitation may be extended only if the filming requested constitutes a "major motion picture" as defined by Subsection 4-15.3k. The permit shall be readily available for inspection by Borough officials at all times at the site of the filming.
b.
All permits shall be applied for and obtained from the Office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Clerk and shall be accompanied by a permit fee in the amount established by Subsection 4-15.4.
c.
If a permit is issued and, due to inclement whether or other good
cause, filming does not in fact take place on the dates specified,
the Borough Clerk may, at the request of the applicant, issue a new
permit for filming on other dates subject to full compliance with
all other provisions of this section. No additional fee shall be paid
for this permit.
[Ord. No. 01-12 § 3]
a.
No permits will be issued by the Borough Clerk unless applied for
prior to five days before the requested shooting date, provided, however,
that the Mayor may waive the five-day period if, in his judgment,
the applicant has obtained all related approvals and adjacent property
owners or tenants do not need to be notified.
b.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Borough will satisfactory proof of the
following:
2.
An agreement, in writing, whereby the applicant agrees to indemnify
and save harmless the Borough of Fairview from any and all liability,
expense, claim or damages resulting from the use of public lands.
3.
The posting of a cash bond of $500 or a maintenance bond of $500
running in favor of the Borough and protecting and insuring that the
location utilized will be left after filming, in a satisfactory condition,
free of debris, rubbish and equipment, and that due observance of
all Borough ordinances, laws and regulations will be followed. Within
seven days of the completion of the filming, the Borough will return
the bond if there has been no damage to public property or public
expense caused by the filming.
4.
The hiring of an off-duty Fairview Police Officer for the times indicated
on the permit.
c.
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Fairview Police Department with respect thereto.
d.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjacent property owners
attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The holder shall avoid any interference with previously
scheduled activities upon public lands and limit, to the extent possible,
any interference with normal public activity on such public lands.
Where the applicant's production activity, by reason of location or
otherwise, will directly involve and/or affect any businesses, merchants
or residents, these parties shall be given written notice of the filming
at least three days prior to the requested shooting date and be informed
that objections may be filed with the Borough Clerk, the objections
to form a part of applicant's application and be considered in the
review of the same. Proof of service of notification to adjacent owners
shall be submitted to the Borough Clerk within two days of the requested
shooting date.
e.
Filming in residential areas shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m. provided that all requests for night scenes be approved in the permit in accordance with Subsection h below. The set-up, production and breakdown required by all filming shall be included in the hours as set forth herein.
f.
The Mayor may refuse to issue a permit whenever he/she determines,
on the basis of objective facts and after a review of the application
and a report thereon by the Police Department and by other Borough
agencies involved with the proposed filming site, that filming at
the location and/or the time set forth in the application would violate
any law or ordinance or would unreasonably interfere with the use
and enjoyment of adjoining properties, unreasonably impede the free
flow of vehicular or pedestrian traffic or otherwise endanger the
public's health, safety or welfare. Further, the Borough reserves
the right to require one or more on-site Police Officers in situations
where the proposed production may impede the proper flow of traffic,
the cost of the Police Officers to be borne by the applicant as a
cost of production. Where existing electrical power lines are to be
utilized by the production, an on-site licensed electrician may be
similarly required if the production company does not have a licensed
electrician on staff.
g.
Any person aggrieved by a decision of the Mayor denying or revoking a permit or a person requesting relief pursuant to Subsection f may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Mayor. An appeal from the decision of the Mayor shall be filed within 10 days of the Mayor's decision. The Borough Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Borough Council shall be in the form of a resolution supporting the decision of the Mayor at the first regularly scheduled public meeting of the Borough Council after the hearing on the appeal, unless the appellant agrees, in writing, to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Mayor shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to Subsection f shall be deemed denied.
h.
The Mayor may authorize filming other than during the hours herein
described. In determining whether to allow an extension of hours under
this section, the Mayor shall consider the following factors:
1.
Traffic congestion at the location caused by vehicles to be parked
on the public street;
2.
Applicant's ability to remove film related vehicles off the public
streets;
3.
When the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming;
4.
Nature of the film shoot itself; e.g. indoor or outdoors; day or
night;
5.
Prior experience of the film company/applicant with the Borough,
if any; and
6.
Consultation with the Council-Ward representative where the filming
is to take place.
i.
Copies of the approved permit shall be sent to the Police and Fire
Department before filming takes place and to the New Jersey Film Commission.
The applicant shall permit the Fire Prevention Bureau or other Borough
inspectors to inspect the site and the equipment to be used. The applicant
shall comply with all safety instructions issued by the Fire Prevention
Bureau or other Borough inspectors.
j.
In addition to any other fees or costs mentioned in this section,
the applicant shall reimburse the Borough for any lost revenue, such
as parking meter revenue, repairs to public property or other revenues
that the Borough was prevented from earning because of filming.
k.
Special Regulations for Major Motion Pictures.
1.
When filming is requested with respect to a major motion picture,
the approved location of such filming and approved duration of such
filming by specific reference to day or dates shall not exceed six
days in duration.
2.
Any days necessary to be used for set up and preparation for a major
motion picture filming may, in the discretion of the Mayor, be counted
as a filming day where such set up is anticipated to involve one or
more of the facts set forth in Subsection 4-15.2h hereof.
[Ord. No. 01-12 § 4]
The schedule of fees for the issuance of permits authorized
by this section are as follows:
a.
Basic filming permit: $75. Where an applicant requests a waiver of the provision of Subsection 4-15.3a, requiring expedited processing of the permit application, the basic filming permit fee shall be $125.
b.
Daily filming fee payable in addition to the basic filming permit:
$500 per day.
c.
Daily filming fee payable for major motion picture: $1,500 per day.
d.
Filming permit for nonprofit applicants filming for educational purposes
(no daily rate required): $25.
[Ord. No. 01-12 § 5]
Where the owner of the premises is not the applicant for a permit required by this section, both the owner and the applicant shall each be liable for violations hereof. Any person violating this section shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: Ordinance No. 01-21, codified herein was adopted
September 4, 2001.
[Ord. No. 01-21 § 1]
As used in this section:
Shall mean any person, firm or entity who purchases, sells
or trades in secondhand jewelry or precious metals or metals, refines
or processes precious metals or makes or provides appraisals of precious
metals or secondhand jewelry, without compensation, fee or remuneration.
Shall mean gold, silver, platinum and their alloys, as defined
in N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq., including coins or
bullion.
Shall mean used articles consisting all or partially of gold,
silver, platinum or jewels.
[Ord. No. 01-21 § 2]
a.
After the effective date of this section, any dealer in precious
metals, secondhand jewelry, coins or bullion shall submit an application
for a license to the office of the Police Chief, which shall contain
a current photograph, address of his/her residence and principal place
of business, his/her past business and employment history for the
last 10 years, a brief description of security measures and devices
installed to protect at the address where applicant intends to engage
in precious metals transactions and the full name, address and employment
history of each person charged with management, supervision and security
at the address given for precious metals transactions.
b.
The application shall be accompanied by a license application fee
of $25. The license to engage in precious metals or secondhand jewelry
transactions shall be approved by the Police Chief. If denied, the
applicant may, within 10 days of receipt of written notice of denial,
file a written appeal of the decision of the Police Chief to the Mayor
and Council.
[Ord. No. 01-21 § 3]
The license of a precious metals dealer shall be renewed annually
by December 31 of each calendar year, upon filing of a renewal application,
and a payment of an annual renewal fee of $25 a new license shall
be issued, after approval by the Police Chief.
[Ord. No. 01-21 § 4]
No person, firm or entity shall engage as a precious metals
dealer or engage in any precious metals or secondhand jewelry transaction
within the Borough of Fairview until and unless licensed pursuant
to the above stated requirements of this section.
[Ord. No. 01-21 § 5]
a.
Every person, firm or entity who shall engage in any precious metals
or secondhand jewelry transactions in the Borough of Fairview shall:
1.
Post a conspicuous sign in the place where the transaction is made,
stating the prices offered various metal units; i.e. grams, specific
rare coins, pennyweights, etc., and fineness of precious metals; or
in lieu of posting specific prices, they may post a reference to a
standard price guide in the trade which is recognized as authoritative
in the trade, and they must have the current edition of the reference
available for use, free of charge, on the premises and readily accessible
to potential customers.
2.
Post his/her license in a conspicuous place on the premises, which
location and posting shall be readily accessible for view by all potential
customers.
3.
Advertise his legal name, address and license number in all advertisements
and window signs.
4.
Maintain a log book which shall be subject to daily review by any
Police Officer on the completion of the transaction and shall contain
a legible and correct transcript of each daily sale, purchase, trade,
exchange, or appraisal of precious metals, and the form shall contain
the following:
(a)
Legal name and residence address of the person, firm or entity
with whom the precious metals dealer engages in any transaction, plus
the following specific information regarding each such person: occupation,
age, height, weight, sex, color of eyes, complexion and hair.
(b)
Date and time of the transaction.
(c)
An exact description of the article displayed to or viewed by
the precious metals dealer.
(d)
Net weight in terms of pounds, ounces, pennyweight, grams or
kilograms.
(e)
Fineness in terms karat for gold and sterling or coin in accordance
with N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.
(f)
The price or other consideration paid or received by the precious
metals dealer for the described item.
b.
No precious metals dealer shall sell, melt, change the form of, release from his/her possession or dispose of any precious metals or secondhand jewelry article bought or received by him until seven calendar days have elapsed from the date indicated on his official record prepared pursuant to Subsection a4(a) through (f) of this subsection.
[Ord. No. 01-21 § 6]
No person, firm or entity shall buy, sell, exchange, appraise
or otherwise engage in or enter into any precious metals transaction
or secondhand jewelry transaction within the Borough of Fairview with
any person under the age of 18 and each person entering into a transaction
shall have the responsibility to verify the age of the older person
with whom he/she is dealing and shall note on his permanent records
the verification of age.
[Ord. No. 01-21 § 7]
It shall be the duty of every licensed precious metals dealer
to have on his/her main business premises a certified accurate metals
weighing scale in working order and in visible sight of all customers,
and the scale shall be used by the licensee for all precious metals
transactions. The certified weighing scale shall contain all essential
measurements, including but not limited to, pennyweight (Troy), hundred
weights, pounds (Troy), grams or kilograms.
[Ord. No. 01-21 § 8]
Any person, firm or entity who shall violate this section shall
be subject to a mandatory fine of $250 for a first offense and, in
addition thereto, in the discretion of the Court, up to 30 days incarceration,
and for a second or any subsequent offense, a mandatory fine of $500
for each offense and, in addition thereto up to 90 days incarceration
and permanent revocation of license.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 03-29.
[Ord. No. 07-20 § 4-17.1]
The purpose of this section is to protect and preserve the health,
safety and welfare of the citizens of the Borough of Fairview and
the patrons of massage, bodywork and somatic therapy businesses. The
Borough Committee desires to minimize and control any adverse utilization
of the businesses aforestated and to protect the citizens to preserve
the quality of life, protect and preserve property values, and the
character of surrounding neighborhoods.
[Ord. No. 07-20 § 4-17.2]
The following words, terms and phrases, when used in this section,
shall have the meaning ascribed to them in this chapter, except where
the context clearly indicated a different meaning:
Shall mean any systems of activity of structured touch which
includes, but are not limited to holding, applying pressure, position
and mobilizing soft tissue of the body by manual technique and use
of visual, kinesthetic, auditory and palpating skills to assess the
body for purposes of applying therapeutic massage, bodywork or somatic
principles. Such applications may include, but are not limited to,
the use of therapies such as heliotherapy or hydrotherapy, the use
of moist, hot and cold external applications, external applications
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education and education in self-care and
stress management. Massage, bodywork and somatic therapies do not
include the diagnosis or treatment of illness, disease, impairment
or disability.
Shall mean any person, male or female, who administers massage,
bodywork or somatic therapies for any form of consideration.
Shall mean any establishment wherein massage, bodywork and/or
somatic therapies are administered or are permitted to be administered,
when such therapies are administered for any form of consideration.
[Ord. No. 07-20 § 4-17.3]
a.
Massage, Bodywork and Somatic Therapy Establishment Permit. No person,
firm or corporation shall operate any establishment or utilize any
premises in the Borough of Fairview as or for a massage, bodywork
and somatic therapy establishment unless or until there has been obtained
a permit for such establishment or premises from the Borough of Fairview
in accordance with the terms and provision of this chapter.
b.
Massage, Bodywork and Somatic Therapist's Permit. No person shall
practice massage or related therapies as a massage, bodywork or somatic
therapist, employee or otherwise, unless he or she has a valid and
subsisting massage, bodywork and somatic therapist's permit issued
to him or her by the Borough of Fairview pursuant to the terms and
provisions of this section and is licensed by the State of New Jersey.
[Ord. No. 07-20 § 7-17.4]
Any person requesting a massage, bodywork and somatic therapy
establishment permit shall file a written application with the Borough
Clerk/Administrator upon a form to be furnished by the Borough Clerk/Administrator.
The application form shall contain the following information:
a.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
b.
The name, style and designation under which the business is to be
conducted.
c.
The business address and all telephone numbers, including facsimile,
where business is to be conducted.
d.
A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists and employees of the business and
the name and residence address of the manager or other person principally
in charge of the operation of the business.
e.
The following personal information concerning the applicant, if an
individual; concerning each stockholder holding more than 10% of the
stock of the corporation, each officer and director, if the applicant
is a corporation; concerning the partners, including limited partners,
if the applicant is a partnership; and concerning the manager or other
person principally in charge of the operation of the business; shall
be provided:
1.
The name, complete residence address and residence telephone number.
2.
The two previous addresses immediately prior to the present address
of the applicant.
3.
Written proof of age.
4.
Height, weight, sex, color of hair and eyes.
5.
Two front face portrait photographs taken within 30 days of the date
of the application and at least two by two inches in size.
6.
The massage therapy or similar business history and experience, including,
but not limited to, whether or not such person has previously operated
in this or another municipality or state under a license or permit
or has had such license or permit denied, revoked or suspended and
the reasons therefor and the business activities or occupations subsequent
to such action of denial, suspension or revocation.
7.
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which conviction and circumstances thereof. The applicant shall
execute a waiver and consent to allow a fingerprinting and criminal
background check by the Borough Police Department. In addition, the
applicant shall pay a fee of $25 to the Police Department for the
cost of fingerprinting. Failure to execute such a waiver and consent
shall result in the denial of a permit. An establishment permit shall
be denied to any person who has been convicted of any crime or disorderly
person offense, other than traffic violations.
8.
The names and addresses of three adult residents who will serve as
character references. These references must be persons other than
relatives and business associates.
[Ord. No. 07-20 § 7-17.5]
Every applicant for a permit to maintain, operate or conduct
a massage, bodywork and somatic therapy establishment shall file an
application with the Borough Clerk/Administrator upon a form to be
furnished by the Borough, and pay an annual fee of $500, which permit
fee shall become due on the first day of January each year.
[Ord. No. 07-20 § 4-17.6]
The Borough Clerk/Administrator, upon receiving a complete application
for a massage, bodywork and somatic therapy establishment permit,
shall refer the application to the Building Department, Fire Department,
Health Department and Planning Department. Each department shall inspect
the premises proposed to be operate as such an establishment and shall
make written recommendations to the Division of Licensing and Permits
concerning compliance with the codes under their jurisdiction. No
massage, bodywork, and somatic therapy establishment shall be issued
a permit or be operated, established or maintained in the Borough
of Fairview unless an inspection by the Health Officer, Building Inspector
and Fire Inspector reveals that the establishment complies with the
minimum requirements of the Building, Fire and Health Codes for businesses
operating in the Borough of Fairview.
[Ord. No. 07-20 § 4-17.7]
a.
To be eligible for a permit as a massage, bodywork and somatic therapist,
an applicant shall submit satisfactory evidence of:
1.
A valid licensee from the State of New Jersey.
2.
Applicant shall be at least 18 years of age.
3.
Certification from a duly licensed physician of the State of New
Jersey stating that the applicant is free from contagious and communicable
disease, dated within 30 days of the date of the application.
b.
The following information concerning the application will also be
required:
1.
The name, complete address and residence telephone number.
2.
All previous addresses within the last five years prior to the present
address of the applicant.
3.
Written proof of age.
4.
Height, weight, sex and color of hair and eyes.
5.
Each massage practitioner shall have malpractice insurance in an
amount not less than $250,000. A copy of such certificate of insurance
shall be presented to the Borough Clerk/Administrator with the filed
application.
6.
Two front-face portrait photographs taken within 30 days of the date
of the application and at least two by two inches in size.
7.
The massage therapy or similar business history and experience, including,
but not limited to whether or not such a person has previously operated
in this or another city or state under a license or permit denied,
revoked or suspended and the reason thereof and the business activities
or occupations subsequent to such action or denial, suspension or
revocation.
8.
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. The applicant shall
provide a waiver and consent to allow a fingerprint and criminal background
check by the Fairview Police Department. The applicant shall pay a
fee of $25 to the Police Department for the cost of fingerprinting.
Failure to execute such a waiver and consent shall result in the denial
of a permit. A massage, bodywork and somatic therapist's permit shall
be denied to any person who has been convicted of any crime or disorderly
person offense, other than traffic violations.
9.
The name and address of three adult residents who will serve as character
references. These references must be persons other than relatives
and business associates.
[Ord. No. 07-20 § 4-17.8]
The following nonrefundable fees shall be paid to the Borough
of Fairview:
a.
$500 upon the filing of an annual application for the operation of a business engaged in providing the services as set forth in Subsection 4-17.1 hereof.
b.
$100 upon the filing of an annual application for persons engaged in providing services as set forth in Subsection 4-17.1 hereof.
c.
A fee for providing State of New Jersey fingerprint checks at the
rate permitted by State of New Jersey Law at the time said request
is made. A fingerprint check shall not be required when obtaining
a renewal of an existing permit.
[Ord. No. 07-20 § 4-17.9]
The massage, bodywork and somatic therapy establishment shall
display its permit as well as the certification of each and every
massage, bodywork and somatic therapist employed in the establishment
in an open and conspicuous place on the premises of the establishment.
[Ord. No. 07-20 § 4-17.10]
Every massage, bodywork, and somatic therapy establishment shall
comply with the following operating requirements:
a.
Every portion of the massage, bodywork and somatic therapy establishment
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
b.
Price rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers.
c.
All employees, including massage, bodywork and somatic therapists,
shall be clean and wear clean, nontransparent outer garments. Dressing
rooms must be available on the premises. Doors to such dressing rooms
shall open inward and shall be self closing.
d.
All massage, bodywork and somatic therapy establishments shall be
provided with clean laundered sheets and towels in sufficient quantity
which shall be laundered after each use thereof and stored in a sanitary
manner.
e.
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage,
bodywork or somatic therapist.
f.
It shall be unlawful for any person knowingly, in a massage, bodywork
or somatic therapy establishment, to place his or her hand upon or
touch with any part of his or her body, to fondle in any manner or
to massage a sexual or genital area of any other person. No massage,
bodywork or somatic therapist, employee or operator shall perform
or offer to perform any act which would require the touching of the
patron's sexual or genital area.
g.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities and surfaces shall be in good repair
and maintained in a clean and sanitary condition. Wet and dry heat
rooms, steam or vapor rooms or steam or vapor cabinets and shower
compartments and toilet rooms shall be thoroughly cleaned each day
the business is in operation. Bathtubs and showers shall be kept dry,
clean and sanitary.
h.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
i.
Animals, except for Seeing Eye dogs, shall not be permitted in the
massage work areas.
j.
Each massage, bodywork and somatic therapist shall wash his or her
hands in hot running water, using a proper soap or disinfectant before
administering a massage, bodywork or somatic therapy to a patron.
[Ord. No. 07-20 § 4-17.11]
a.
The Department of Health, Fire Department and/or the Building Department
shall, from time to time, at least twice a year, make an inspection
of each massage, bodywork and somatic therapy establishment granted
a permit under the provisions of this section for the purpose of determining
whether the provisions of this section are being complied with. Such
inspections shall be made at reasonable times and in a reasonable
manner. It shall be unlawful for any permittee to fail to allow such
inspection officer access to the premises or to hinder such officer
in any manner.
b.
It shall be the obligation of the Fairview Police Department, through
the Chief of Police, to make necessary assignments to investigate
any violations of a criminal or quasi-criminal nature, including,
but not limited to public indecency as outlined in N.J.S.A. 2C:34-1
and N.J.S.A. 2C:34-2.
[Ord. No. 07-20 § 4-17.12]
a.
Permits issued under this section may be revoked by the Borough Clerk/Administrator,
after notice and a hearing, for any of the following causes:
1.
Fraud, misrepresentation or false statement in the application for
the permit.
2.
Fraud, misrepresentation or false statement made in the course of
carrying on the permitted business in the Borough.
3.
Any violation of this section.
4.
Conviction of a crime involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution
or any crime involving dishonesty.
5.
Conducting the permitted business in the Borough in an unlawful manner
or in such manner as to endanger the health, safety or general welfare
of the public.
b.
Notice of the hearing of the revocation of a permit shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be given
personally or mailed to the permittee at his/her last known address
at least five days prior to the date set for the hearing.
c.
Such permit may, pending revocation proceedings, be suspended for
not more than 10 days by the Borough Clerk/Administrator if, in his/her
opinion, the conduct of the permittee is detrimental to the health,
safety and general welfare of the Borough of Fairview.
d.
The Borough Clerk/Administrator shall serve as hearing officer for
any hearing pursuant to this subsection.
[Ord. No. 07-20 § 4-17.13]
The applicant or permit holder may appeal any denial or revocation
of a permit within 30 days of receiving written notice of such denial
or revocation by submitting to the Borough Clerk/Administrator a written
request for a hearing by the Mayor and Council, which request shall
be made on a form provided by the Borough Clerk/Administrator. The
Mayor and Council shall hold a hearing within 45 days within the date
of request for a hearing. The Mayor and Council shall direct the Borough
Clerk/Administrator to issue a decision to the applicant or permit
holder within 10 days of its decision or within 45 days of the hearing
whichever is sooner. The time provided may be extended and/or waived
on a mutually agreeable basis by the Mayor and Council and the applicant
and/or license holder.
[Ord. No. 07-20 § 4-17.14]
a.
Any person violating any of the provisions of this section shall,
upon conviction, be punished by imprisonment in the County Jail for
a term not exceeding 90 days, by a fine not exceeding $2,500 and/or
by a period of community service not exceeding 90 days, in the discretion
of the Judge of the Municipal Court. Each day the violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as set forth above.
b.
A violation of any section of this section shall also be grounds
for revocation of any license, certificate of occupancy or permit
issued by the Borough for the premises.
c.
Every day the provisions of this section are violated by any person
as defined herein shall be a separate and distinct violation of this
section.
[Ord. No. 07-20 § 4-17.15]
The provisions of this section shall not apply to massage, bodywork
or somatic therapies given:
a.
In the office of a licensed physician, chiropractor or physical therapist;
or
b.
By a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists; or
c.
By a licensed physician, chiropractor or physical therapist in the
residence of his or her patient; or
d.
By a licensed barber or cosmetologist/hairstylist limited to the
area of the face, neck, scalp or upper part of the body as set forth
in Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1, et seq.
[Ord. No. 07-20 § 4-17.16]
No part of any quarters of any massage and/or somatic therapies
business shall be used for or connected with any bedroom or sleeping
quarters, nor shall any person sleep in such massage and/or somatic
therapies business except or limited to periods incidental to and
directly related to a massage or bath. This provision shall not preclude
the location of a massage and/or somatic therapies business in a separate
quarters of a building housing a hotel or other separate business
or clubs.
[Ord. No. 07-20 § 4-17.17]
No one shall be authorized to hold oneself out to offer a massage
as a massage practitioner within the meaning of this section, or employ
or engage as an independent contractor any massage practitioner rendering
massage, bodywork and somatic therapy services with the Borough of
Fairview unless certified by the National Certification Board for
Therapeutic Massages and Bodyworks, or the American Massage and Therapy
Association. A person shall not be identified by titles "massage,
bodywork and somatic therapist," "registered massage, bodywork and
somatic therapist", "licensed massage, bodywork and somatic therapist,"
or the abbreviations "MBT," "RMBT," "LMBT," "LOBT," unless licensed
to practice massage, bodywork and somatic therapies under the provisions
of this section and provides satisfactory proof or evidence of the
following:
a.
Successful completion of a minimum of 500 hours in class study in
the field of massage, bodywork and somatic therapies; and
b.
Successful completion of the within examination offered by the National
Certification Board for Therapeutic Massage and Bodyworks or a substantially
equivalent examination approved by the Board to determine the applicant's
competence to practice massage, bodywork and somatic therapies.
[Ord. No. 07-20 § 4-17.18]
All licenses issued pursuant to this section shall expire in
the calendar year in which the said license was issued. Generally
speaking, a license shall be issued for one calendar year, but in
the event that the issuance of same is made for part of a calendar
year, the full license fees required herein above will apply without
any proration.
[Ord. No. 06-10 § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean churches, schools and volunteer services are exempt
from the regulations governing goods.
Shall mean and include all sales entitled "garage sale,"
"neighborhood garage sales," "lawn sale," "attic sale," "rummage sale,"
"flea market sale," "neighborhood sale," or any similar casual sale
of tangible property which is advertised by any means whereby the
public at large is or can be made aware of said sale. Excluded from
the meaning of this term shall be auctions or similar events at which
tangible personal property is sold to the highest bidder.
Shall mean and include any household goods, merchandise or
other property capable of being the object of a sale regulated hereunder;
provided, however, that such goods, merchandise or other property
is not purchased and/or brought onto the premises specifically for
the purpose of resale.
Shall mean and include individuals, partnerships, voluntary
associations and corporations.
[Ord. No. 06-10 § 2]
a.
It shall be unlawful for any person to conduct a garage sale in the
Borough of Fairview without first filing with the Borough Clerk the
information hereinafter specified and obtaining from such Clerk a
license to do so, to be known as a "garage sale license." The fee
for such license shall be $5; and
b.
Only four such licenses shall be issued for a garage sale at any
one particular dwelling or parcel of land within any one calendar
year, one for each quarter of the year, and no such license shall
be issued for more than three consecutive calendar days; and
c.
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. 06-10 § 3]
Applications for a license shall be made in writing, to the
Borough Clerk at least five days prior to the date of commencement
of such sale and shall set forth the following:
a.
Name of person, firm, group, corporation, association or organization
conducting said sale.
b.
Name of owners of the property on which said sale is to be conducted
and consent of owner if applicant is other than owner.
c.
Location at which sale is to be conducted.
d.
Date or dates of sale.
e.
Date and nature of any prior sale.
f.
Relationship or connection applicant may have had with any other
person, firm, group, organization, association or corporation conducting
said sale and the date or dates of such sale.
g.
General description of the type of goods to be sold, including statement
as to whether or not any of said merchandise was purchased by the
applicant for the purpose of resale.
h.
Whether or not sale will be held indoors or outdoors.
[Ord. No. 06-10 § 4]
Any garage sale authorized under the provisions of this section
shall be conducted between the hours of 9:00 a.m. and 7:00 p.m. only.
[Ord. No. 06-10 § 5]
a.
The following shall be the sole signs permitted in connection with
garage sales:
1.
One on-premises sign not exceeding three square feet in area posted
only on the scheduled sale days, which sign shall be removed immediately
after the sale has been concluded.
2.
Two off-premises signs may be posted on a municipal right-of-way
and not on private property, provided that such sign shall be freestanding
and shall not exceed three square feet in area, which signs shall
be removed within 24 hours after the sale has been concluded.
b.
The name and address of the licensee shall be posted on the sign.
c.
No signs shall be permitted to be posted on such structures as telephone
poles, street signs, trees or fences.
[Ord. No. 06-10 § 6]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any 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 sale conducted by any merchant or mercantile or other business
establishment form or at a place of business wherein such sale would
be permitted by the Zoning Ordinance of the Borough or under the protection
of the nonconforming use provisions thereof, or any other sale conducted
by a manufacturer, dealer or vendor and which sale would be conducted
from properly zoned premises and not otherwise prohibited in the Code.
[Ord. No. 06-10 § 7]
It shall be the duty of the Police Department to enforce the
provisions of this section.
[Ord. No. 06-10 § 8]
Except as otherwise provided in this section, any person who
violates or refuses to comply with this section shall be liable to
a penalty of $100 for each offense.
[Ord. No. 07-21 § 1]
This section shall constitute the Parade and Public Assembly
Ordinance of the Borough of Fairview to be codified in the Code of
the Borough of Fairview.
[Ord. No. 07-21 § 2]
Shall mean Borough of Fairview.
Shall mean the Chief of Police of the Borough of Fairview.
Shall mean any march, demonstration, procession or motorcade
consisting of persons, animals or vehicles or a combination thereof
upon the streets, parks or other public grounds within the Borough
with an intent of attracting public attention that interferes with
or has a tendency to interfere with the normal flow or regulation
of traffic upon the streets, parks or other public grounds. Parade
shall include walk-a-thons, bike-a-thons, fun-runs and similar events
or activities.
Shall mean a permit as required by this section.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any meeting, demonstration, picket line, rally
or gathering of more than 25 persons for a common purpose as a result
of prior planning that interferes with or has a tendency to interfere
with the normal flow or regulation of pedestrian or vehicular traffic
or occupies any public area in a place open to the general public.
Shall mean any area or way set aside or open to the general
public for purposes of pedestrian traffic, whether or not it is paved.
Shall mean any place or way set aside or open to the general
public for purposes of vehicular traffic, including any berm or shoulder,
parkway, right-of-way, or median strip thereof, public park, playground
or any publicly owned property.
[Ord. No. 07-21 § 3]
No person shall engage in or conduct any parade or public assembly
unless a permit is issued by the Borough Administrator. Applications
shall be filed on forms prepared by the Chief of Police and approved
by the Mayor and Council. Applications shall be filed with the Borough
Administrator's office at least 20 business days prior to the date
of the parade or public assembly. The Borough Administrator shall
have the authority to waive the twenty-day filing requirement if circumstances
of the event so require and upon a finding by the Borough Administrator
that the date of filing of the application was reasonable under the
circumstances.
[Ord. No. 07-21 § 4]
The Chief of Police is hereby authorized to prepare and recommend
to the Borough Administrator rules and regulations governing the conduct
of any parade or public assembly regulated hereby. The rules and regulations
shall become effective upon the written approval of the Mayor and
Council. Copies of the rules and regulations shall be distributed
to any person who applies for a permit. The Police Chief shall have
the discretion to determine if police personnel are needed for traffic,
security or any public safety reason. The applicant shall pay any
costs associated with such police personnel.
[Ord. No. 07-21 § 5]
a.
Any applicant shall have the right to appeal the denial of a parade
or public assembly permit to the Mayor and Council. The denied applicant
shall make the appeal within five days after the receipt of the denial
by filing a written notice with the Chief of Police and a copy of
the notice with the Borough Administrator. The Mayor and Council shall
act upon the appeal at its next regularly scheduled Council meeting
following receipt of the notice of appeal.
b.
In the event that the Mayor and Council shall reject an applicant's
appeal, the applicant may file an immediate request for review with
a court of competent jurisdiction.
[Ord. No. 07-21 § 6]
The Chief of Police shall have the authority to revoke a parade or public assembly permit instantly upon a finding by the Chief that any statement in the application filed under Subsection 4-19.3 hereof is false, a violation of the rules and regulations promulgated hereunder or when a public emergency arises whether the police resources required for that emergency are so great that deployment of police services for the parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property.
[Ord. No. 07-23 § 1;
amended 12-15-2015 by Ord. No. 15-19; 10-2-2017 by Ord. No. 17-12]
As used in this section, the following terms shall have the
meanings indicated:
The person responsible for placing and maintaining a newsrack
in a public street as herein defined.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law.
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers only.
That portion of a street improved, designated or ordinarily
used for vehicle travel.
Any surface provided for the use of pedestrians.
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. 07-23 § 2;
amended 12-15-2015 by Ord. No. 15-19; 10-2-2017 by Ord. No. 17-12]
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate on any public street in the Borough
of Fairview, any newsrack without first having obtained a permit from
the Borough Clerk's Office. The permit shall specify the exact location
of such newsrack or newsracks. One permit may be issued for multiple
newsracks.
[Ord. No. 07-23 § 3;
amended 12-15-2015 by Ord. No. 15-19; 10-2-2017 by Ord. No. 17-12]
Application for such permit shall be made in writing to the
Borough Clerk's Office, and approved by the Department of Public Works,
upon such form as shall be provided by them, and shall contain the
name and address of the applicant, the proposed specific location
of said newsrack or newsracks, a drawing and specification of the
proposed newsrack and insurance certificate, the application shall
be signed by the applicant and notarized.
[Ord. No. 07-23 § 4;
amended 12-15-2015 by Ord. No. 15-19; 10-2-2017 by Ord. No. 17-12]
a.
Permits may be issued for the installation of a newsrack or newsracks
without prior inspection of the location, but such newsrack or newsracks
and the installation, use, or maintenance thereof shall be conditioned
upon compliance with the provisions of this section. An annual permit
fee of $25 per newsrack is required. The amount of the fee may be
amended by resolution of the Borough Council at any time subsequent
to the adoption of this section.
b.
The permit shall be valid for a period of one year, on a calendar-year
basis, commencing on 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.
c.
No permit shall be issued or continued in operation unless the applicant
and any other persons, organization, firms, or corporation on whose
behalf the application is made by filing such application, do represent,
stipulate, contract and agree that they will jointly and severally
defend, indemnify and hold the Borough of Fairview 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 issuance
of the permit, or the control, maintenance, or ownership of the newsracks
permitted.
d.
Before the Borough Clerk's office may issue a newsrack permit to
any person, that person must execute an indemnification agreement
substantially as follows:
"The applicant and any other persons, organization, firms, or
corporations on whose behalf the application is made represent, stipulate,
contract and agree that they do jointly and severally defend, indemnify
and hold harmless the Borough of Fairview 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 issuance of the permit or the
control maintenance or ownership of the newsracks permits".
e.
Before the Borough Clerk's office may issue a newsrack permit to
any person, that person shall file with the Borough Clerk's office
an insurance policy of a company duly licensed to transact business
under the insurance laws of this state in the sum of $100,000 for
one person, and for more than one person, $1,000,000 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 $50,000
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 the newsracks permitted, and no license
shall continue effective unless such insurance, in the full and collectible
amount of $100,000 for one person, and $1,000,000 for more than one
person for bodily injuries or death, and $50,000 for property damages,
shall remain in force during the entire term of the license. 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 newsracks, or any fault in respect thereto, and shall
be for the benefit of any person suffering loss, damage, or injury
as aforesaid.
f.
Each insurance policy shall provide that neither the distributor,
nor its insurer, shall have any right to subrogation against the Borough
of Fairview. Each insurance policy shall provide primary coverage
for any and all losses and shall be drafted so as to protect all parties.
g.
Within 10 days of the issuance of the permit, the distributor shall
have the Borough of Fairview added as an additional insured on the
insurance policies required by this section.
[Ord. No. 07-23 § 5;
amended 12-15-2015 by Ord. No. 15-19; 10-2-2017 by Ord. No. 17-12]
Any newsrack which, in whole or in part, rests upon, in, or
over any public sidewalk, roadway, or street shall comply with the
following standards:
a.
No newsrack shall exceed 49 inches in height, 20 inches in width,
or 18 inches in depth.
b.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale, or purchase of the
newspapers sold therein.
c.
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.
d.
Each newsrack shall have affixed to it, 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 or to secure
a refund, in the event of a malfunction of the coin return mechanism,
or to give the notices provided for in this section.
e.
Each newsrack shall be maintained 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:
1.
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof;
2.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
3.
The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discolorations;
4.
The paper or cardboard parts or inserts thereof, if any, are reasonably
free of tears, peeling or fading;
5.
The structural parts thereof are not broken or unduly misshapen.
f.
It shall be unlawful for any person or place to maintain any publication
or material in newsracks which exposes to public view any pictorial
material which depicts, or appears to depict, nudity or offensive
sexually explicit material.
g.
Each newsrack shall be maintained to prevent the newspapers from
being scattered about the area.
[Ord. No. 07-23 § 6;
amended 12-15-2015 by Ord. No. 15-19; 10-2-2017 by Ord. No. 17-12]
Any newsrack which rests in whole or in part upon or on any
portion of a public street or sidewalk, or projects onto, into, or
over any part of a public street or sidewalk, shall be located in
accordance with the provisions of this section.
a.
No newsrack shall be used or maintained which projects onto, into,
or over any part of the roadway of any public street, or which rests
wholly, or in part, upon, along, or over any portion of the roadway
of any public street.
b.
No newsrack shall be permitted to rest upon, in, or over any public
street or sidewalk when such installation, use, or maintenance:
1.
Endangers the safety of persons or property; or
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic including any legally parked or stopped vehicles;
or
3.
Unreasonably interferes with the ingress or egress from any residence
or place of business; or
4.
Unreasonably interferes with the use of traffic signs or signals,
hydrants, or mailboxes permitted at or near said location.
c.
A newsrack or newsracks shall be placed, or otherwise secured, so
as to prevent their being blown down or around the public street or
sidewalk, but shall not be chained or otherwise secured, to any traffic
or street signs, signals, hydrants or mailboxes.
d.
No newsracks shall be placed, installed, used, or maintained:
1.
Within three feet of any marked crosswalk;
2.
Within three feet 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 of pedestrians
is reduced 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 on the same side of the street,
in the same block, containing the same issue or edition of the same
publication;
8.
Within 10 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 filed with the application.
10.
In front of a single-family or two-family residence.
11.
Notwithstanding anything to the contrary contained in this chapter,
if the Borough of Fairview 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.
12.
No newsrack shall be permitted in any location zoned as residential.
13.
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. 07-23 § 7;
amended 12-15-2015 by Ord. No. 15-19; 10-2-2017 by Ord. No. 17-12]
The total of number of permits issued and outstanding at any
time shall be fixed and shall not exceed a total of two companies.
The total number of newsracks each company may maintain shall not
exceed 12 per calendar year.
[Added 12-15-2015 by Ord.
No. 15-19; amended 10-2-2017 by Ord. No. 17-12]
Any violation of this section shall subject the violator to
a fine of not less than $100 nor more than $500, to confinement of
not more than 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.
[Added 12-15-2015 by Ord.
No. 15-19; amended 10-2-2017 by Ord. No. 17-12]
In addition to the penalties provided, it shall be within the
power and discretion of the Borough Clerk's office to suspend or revoke
a permit for continued or repeated violations or infractions of any
provision of this section, or of any rule, direction or regulation
of the Borough Clerk's office. Suspension or revocation of a permit
shall be mandatory for the third violation of this section. A notice
of violation shall be issued to the distributor at least 48 hours
in advance of the issuance of any summonses.
[Added 12-15-2015 by Ord.
No. 15-19; amended 10-2-2017 by Ord. No. 17-12]
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 the Borough of Fairview or any of its
designated departments.
b.
If a distributor is convicted of a violation of this section and
fails to correct or remedy the violation within 10 days following
said conviction, or disposition of any appeal, the Borough Clerk's
Office 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 Fairview
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 section, then stored by the Borough, the Borough of Fairview
shall charge a $25 per-day storage fee. After 30 consecutive days,
the newracks will sold for scrap metal. Any funds obtained for scrap
metal shall be used to offset the daily storage charge.
e.
Permits not to be assigned. The permits issued pursuant to this section
shall not be assigned or transferred.
[Ord. No. 09-4 § 1]
a.
Notwithstanding any other provision of law to the contrary, no person
shall place, use, or employ a donation clothing bin within the Borough
for solicitation purposes unless all of the following requirements
are met:
1.
The donation clothing bin is owned or sponsored by a charitable organization
registered pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:12A-18 et seq.)
or is sponsored by any department of the Borough;
2.
The registered charitable organization has obtained a license, valid
for a twelve-month period, from the Borough's Zoning Officer in accordance
with the following:
(a)
In its application for such a license, the registered charitable
organization shall indicate:
(1)
The location where the bin is currently situated or proposed
to be situated;
(2)
The manner in which the charitable organization anticipates
any clothing or other donations collected via the bin would be used,
sold, or dispersed and the method by which the proceeds of collected
donations would be allocated or spent; and
(3)
The name and telephone number of the bona fide office of any
entity which may share or profit from any clothing or other donations
collected via the bin.
3.
The Zoning Officer shall not grant a license to place, use, or employ
a donation clothing bin if it determines that the placement of the
bin could constitute a safety hazard. Such hazard shall include, but
not be limited to, the placement of public building, or place which
stores large amounts of or sells fuel or other flammable liquids or
gases.
4.
The Zoning Officer shall impose a fee for such application, not to
exceed $25 annually, for each bin to offset the cost involved in enforcing
this section.
5.
An expiring license for a donation clothing bin may be renewed upon
application for renewal and payment of the applicable annual fee.
Such application for renewal shall include information detailing:
(a)
The manner in which the charitable organization has used, sold,
or dispersed any clothing or other donations collected via the bin;
the method by which the proceeds of collected donations have been
allocated or spend; and any changes the charitable organization anticipates
it may make in the processes during the period covered by the renewal;
and
6.
The license number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donations clothing bin in addition to the information required pursuant to Subsection a8 of this subsection.
7.
The registered charity, and any other entity which may share or profit
from any clothing or other donations collected via the bin, maintains
a bona fide office where a representative of the charitable organization
or other entity, respectively, can be reached at a telephone information
line during normal business hours for the purpose of offering information
concerning the charitable organization or other entity. For the purposes
of this subsection, an answering service unrelated to the charitable
organization does not constitute a bona fide office.
8.
The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(a)
The name and address of the registered charitable organization
that owns or is the sponsor of the bin, and of any other donations
collected via the bin;
(b)
The registered charitable organization's charitable registration
number;
(c)
The telephone number of the registered charitable organization's
bona fide office and, if applicable, the telephone number of the bona
fide office of any other entity which may share or profit from any
clothing or other donations collected via the bin.
(d)
The name, address and office telephone number of any other entity
which may share or profit from the clothing collection.
b.
Duty of Registered Charitable Organization to Maintain and Service
Donation Clothing Bin. It shall be the duty of each registered charitable
organization issued a license hereunder to properly maintain and service
any donation clothing bin placed within the Borough so as to prevent
such clothing bin from creating any nuisance, hazardous or unsafe
condition.
c.
Enforcement and Limitation on Total Number of Licenses. The Zoning
Officer or other person designated by the Borough Council as a person
authorized to enforce the provisions of this section shall, upon receipt
of a complaint by a local resident or any other person that a donation
clothing bin is causing a nuisance, hazardous or unsafe condition,
investigate such complaint and take such enforcement action as is
permitted under this section. The Zoning Officer shall not be authorized
to issue more than 10 total donation clothing bin licenses within
the Borough.
d.
Exemption of Donation Clothing Bins Sponsored by Departments of the Borough. The owner of any donation clothing bin which is sponsored by any department of the Borough shall be required to comply with the licensure requirements of Subsections a and b hereof, but shall specifically be exempt from the fee requirement of Subsection a4 hereof.
[Ord. No. 09-4 § 2]
a.
No more than three receptacles and/or clothing/material donation
bins shall be located within any commercial complex and no more than
one receptacle and/or clothing/material donation bin shall be located
on any commercial property which contains only one establishment.
When multiple receptacles and/or clothing/material donation bins are
permitted in any commercial complex they shall be situated together
with a separation distance not to exceed that necessary to move, place,
empty or load the receptacles and/or clothing/material donation bins.
b.
Each receptacle shall not exceed five feet in depth, eight feet in
width and six feet in height.
c.
Each receptacle shall have an identifying logo, name or wording for
the use or nature of the receptacle and contact information for the
owners thereof.
[Ord. No. 09-4 § 3]
a.
The receptacle and/or clothing/material donation bin shall be located
in such a manner that it will not be necessary to be parked in a driveway
or on an access drive for parking stalls while depositing items into
the said bin.
b.
The receptacle shall not be placed in any parking spaces, roadways,
sidewalks and/or walkways or in any buffer area and shall be no closer
than three feet to any property line.
c.
The areas adjacent to the containers shall be kept clear of all boxes
and debris.
d.
The receptacle shall be permitted in side and rear yards but not
within front yard setbacks.
e.
The receptacle shall not be located in any parking stall designated
to meet the parking requirements of the on-site uses.
f.
No receptacle shall be permitted in any residential or residential
business zone.
g.
No receptacle and/or clothing/material donation bin shall be placed
on a corner lot so that it obstructs the line-of-sight triangle requirements
of 25 feet.
h.
No receptacle and/or clothing/material donation bin shall be placed
within 1,000 feet of another receptacle and/or clothing/material donation
bin location.
[Ord. No. 09-4 § 4]
The receptacles and/or clothing/material donation bin shall
be maintained in a clean, sanitary condition, painted and in good
working order. Each receptacle shall be emptied regularly at least
once each month or sooner, as dictated by the amount of items placed
inside of the bin. No items shall be permitted to remain in the area
surrounding the bin.
[Ord. No. 09-4 § 5]
The appropriate municipal agency within the municipality in
which a donation clothing bin has been placed shall receive and investigate,
within 30 days, any complaints from the public about the bin. Whenever
it appears to the appropriate municipal agency that a person has engaged
in, or is engaging in any act or practice in violation of section
2 of P.L. 2007, c. 209 (C. 40:48-2.61), the person who placed the
bin shall be issued a warning stating that if the violation is not
rectified or a hearing with the appropriate municipal agency is not
requested within 45 days, the bin will be seized or removed at the
expense of the person who placed the bin, and any clothing bin or
other donations collected via the bin will be sold at public auction
or otherwise disposed of. In addition to any other means used to notify
the person who placed the bin, such warning shall be affixed to the
exterior of the bin itself.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the appropriate municipal agency may seize the bin, remove
it, or have it removed, at the expense of the person who placed the
bin, and sell at public auction or otherwise dispose of any clothing
or other donations collected via the bin. Any proceeds from the sale
of the donations collected via the bin shall be paid to the Chief
Financial Officer of the municipality.
[Ord. No. 09-4 § 6]
Any licensee who violates any provision of this section and
fails to cure such violation within 48 hours of notice of such violation
shall be subject to the following penalties:
[Ord. No. 09-4 § 7]
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of P.L.
207, c. 209 (C. 40:48-2.60 et seq.) which results in a seizure of
the donation clothing bin shall be:
a.
Subject to a penalty of up to $20,000 for each violation. The appropriate
municipal agency may bring this action in the municipal court or Superior
Court as a summary proceeding under the "Penalty Enforcement Law of
1999." P.L. 1999, c. 274 (C. 2A:58-10 et seq.), and any penalty monies
collected shall be paid to the Chief Financial Officer of the municipality.
b.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to section 2 of P.L. 2007, c. 209
(C. 40:48-2.61). A person disqualified from placing, using, or employing
a donation clothing bin by violation the provisions of P.L. 2007,
c. 209 (C. 40:48-2.60 et seq.) may apply to the appropriate municipal
agency to have that person's eligibility restored. The appropriate
municipal agency may restore the eligibility of a person who:
[Ord. No. 11-3 § 1]
As used in this section, the following terms shall have meanings
indicated:
Shall mean any person or group of persons, association, corporation
or other business entity which owns, leases, operates, utilizes or
controls premises which are used for the purpose of gathering for
or promoting athletic sports, contests, exhibitions, classes or gymnasium
and not for profit.
Shall mean any person or group of persons, association, corporation
or other business entity, which owns leases, operates, utilizes or
controls premises for purposes described in this section.
Shall mean any person or group of persons, association, corporation
or other business entity which owns, leases, operates, utilizes or
controls premises which are used for the purpose of gathering for
social interaction and entertainment and not for profit (excluding
however, fraternal organizations of state or national scope and religious
organizations).
[Ord. No. 11-3 § 2]
It shall be unlawful for any person or persons, associations
or corporations to operate, lease, use or control any premises in
the Borough of Fairview for the purpose of an athletic club or a social
club without having first obtained a license from the Borough Clerk
to do so.
[Ord. No. 11-3 § 3]
The Borough Clerk is hereby authorized to issue such a license,
upon approval by the Mayor and Borough Council, upon payment by the
applicant of an annual fee of $250.
[Ord. No. 11-3 § 4]
Every such license shall remain in force and be valid up to
December 31 of each year, unless suspended or revoked by the Mayor
and Borough Council.
The violation of any Borough, County, State or Federal Ordinance,
statute or regulation, or the operation of the premises in a disorderly
manner shall constitute sufficient cause for the suspension or revocation
of said license. As a specific standard, the following activities
also shall be deemed injurious to the public health and welfare and
therefore, prohibited: illegal gambling, lewd acts; loud and excessive
noises within and upon the premises; loud, unruly or profane language;
public drunkenness; overcrowding; public urination; brawls; acts of
violence; possession of weapons; possession, sale or use of any unlawful
drug, narcotic or controlled substances; violation of laws and regulations
of the State Division of Alcoholic Beverage Control; violation of
the permissible hours of operations. The operation of a club in violation
of the terms of this section or the failure of a licensee or its members
to cooperate with the investigation of any complaint or with the inspection
of the licensed premises by Borough authorities shall likewise constitute
sufficient cause to revoke or suspend a license.
The Borough Council may suspend or revoke a license for sufficient
cause after written notice to the licensee and an opportunity to be
heard. The written notice shall notify the licensee of the basis for
the proposed action and shall include copies of any and all written
complaints, violations and reports relating to the proposed suspension
or revocation. If the licensee requests a hearing, it shall be scheduled
not less than 10 days after the issuance of the notice of proposed
action and shall be conducted by designee(s) of the Mayor and Council,
at their discretion, who shall issue findings and recommendations
to the Borough Council.
[Ord. No. 11-3 § 5]
A license shall apply only to designated and licensed premises
and the person or persons, association or corporation to whom it is
granted and shall not be transferable.
[Ord. No. 11-3 § 6]
The location of the social and athletic club shall comply with
the zoning requirements as set forth in the Borough of Fairview Zoning
Ordinance. Further, the location must not be within 1,000 feet of
a church and/or house of worship and/or school, and/or day care center.
[Ord. No. 11-3 § 7]
The Police Department, Department of Code Enforcement and Zoning
Office are authorized to enforce the provision of this section and
shall maintain records of all complaints against and violations by
license holders. Quarterly records of any such complaints or violations
shall be submitted to the Office of the Business Administrator and
shall be reviewed by the Borough Clerk, Mayor and Council prior to
action on any application for license renewal.
[Ord. No. 11-3 § 8]
Any social and athletic club licensed under this section shall
not operate said facility between the hours of 12:00 a.m. and 10:00
a.m., without specific written approval from the Mayor and Borough
Council of the Borough of Fairview.
[Ord. No. 11-3 § 9]
Any person, persons, association, corporation or other business
entity violating this section or conducting any premises as a social
or athletic club, as therein defined, without a license, or after
the license shall have been suspended or revoked, shall be subject
to one or more of the following: forfeit and pay a fine of not more
than $1,000 for each and every offense.
Nothing in this section shall apply to or require the obtaining
of a license under this section by an entity or organization that
holds a valid alcoholic beverage license issued by the State of New
Jersey, or to:
[Ord. No. 11-3 § 10]
a.
Any person desiring a license under this section shall file with
the Borough Clerk an original application under oath, in writing,
on a form furnished by the Borough Clerk.
b.
The application shall set forth the following information:
1.
The club or organization name, street address, lot and block of the
premises proposed to be licensed;
2.
A copy of a valid certificate of occupancy for the premises;
3.
The applicant's name, business name and business address;
4.
Whether the applicant is an individual, partnership, corporation
or another entity and, if another entity, a full explanation and description
thereof;
5.
If the applicant is an individual, the applicant's residence address.
6.
If the applicant is a partnership, the full names and residence addresses
of each partner;
7.
If the applicant is a corporation or other entity;
8.
The club's membership fees and dues; and
9.
A copy of the club's bylaws shall also be attached to the application.
In the case of a corporation, the full names and residence addresses,
of each major officer and each stockholder, the name and address of
the registered agent and the address of the principal officer upon
whom and where service of process is authorized to be made (the term
"stockholder" as used herein means and includes any person having
an interest, either legal or equitable, in 10% or more of the stock
issued and outstanding of the applicant corporation);
In the case of another entity, the full names and residence
addresses of each person owning or having any interest, legal or equitable
aggregating in value 10% or more the total capital of said entity,
the name and address of the registered agent, if any, and the address
of the principal office, if any, upon whom and where service of process
is authorized to be made.
c.
By accepting a license, the license must be visibly displayed and
the licensee and its members consent to inspection of the premises
by agents of the Borough of Fairview authorized to enforce the provisions
of this section. Every licensee and member of the club shall facilitate
any investigation or inspection of the licensed premises conducted
by authorized agents of the Borough of Fairview. Failure to cooperate
with Borough officials shall be considered hindering an investigation
and shall constitute a violation of this section.
[Ord. No. 11-3 § 11]
An application for renewal of a license shall be submitted to
the Borough Clerk not later than October 1 prior to the January 1
renewal date.
[Ord. No. 11-3 § 12]
Nothing in this section shall be interpreted or applied to waive,
supersede or rescind any existing law, ordinance or regulation.
[Ord. No. 12-6]
The purpose of this section is to establish a procedure and
authorize rules and regulations thereunder for the licensing of outdoor
cafes in the business, commercial and industrial zones of the Borough
of Fairview.
[Ord. No. 12-6]
For the purpose of this section, the following words shall have
the meanings respectively ascribed in this section:
Shall mean any eating establishment where food and other
refreshments are served or consumed outside the interior of the eating
establishment on private property or upon the public right-of-way,
namely, the sidewalks immediately in front of any restaurant, cafe,
cafeteria or place of business where food and/or other refreshments
are served or consumed or whether permitted on private property pursuant
to the Borough's Land Use and Development Ordinance.
Shall mean that area of the public right-of-way reserved
for pedestrian traffic from the curb to the front line of the building
housing an eating establishment.
[Ord. No. 12-6]
It shall be unlawful for any person, firm, partnership, corporation,
association or organization of any kind (hereinafter collectively
referred to as "person") to create, establish, operate, maintain or
otherwise be engaged in the business of conducting an outdoor cafe
upon the sidewalks of the Borough of Fairview or on private property,
unless such person shall hold a currently valid license issued pursuant
to the terms of this section.
[Ord. No. 12-6]
If a new establishment opens or an existing business with no
existing indoor seating desires outdoor seating, the business owner
must secure site plan approval from the Planning Board provided they
meet setback and all other requirements pertaining to outdoor seating.
[Ord. No. 12-6]
a.
When located within the public right-of-way, outdoor cafes shall
only be located on the public sidewalk directly in front of the eating
establishment to which the outdoor cafe is accessory. For purposes
of administering this provision, the term "directly in front of" shall
be construed to mean the area represented by an extension of each
side of the store occupied by the eating establishment projected directly
to the curbline immediately in front thereof. Such cafes shall be
required to maintain an unobstructed paved surface for pedestrian
traffic at least 72 inches wide, located on the public sidewalk, around
or through such outdoor cafe.
b.
When located on private property, outdoor cafes may be located in front of, on the side of and/or to the rear of the eating establishment to which the outdoor cafe is accessory. Such cafes shall be located on the property containing the eating establishment and/or within the public right-of-way as permitted by Subsection a above. In the case of outdoor cafes that are located on properties containing multiple tenants, such cafes shall not be permitted to be located in front of, on the side of and/or to the rear of any other establishment on the same property unless both the property owner and other tenant(s) give their consent in writing prior to the issuance of the license for the outdoor cafe. Such consent shall be valid only for the term specified in the consent or for the term of the license, whichever is less, and such consent shall be required to be renewed prior to renewal of the license. Such cafes shall be required to maintain an unobstructed paved surface for pedestrian traffic at least 72 inches wide around or through such outdoor cafe.
[Ord. No. 12-6]
Application for the license required hereunder shall be made
to the Construction Code Official and shall be signed by the applicant.
The application shall contain the following information:
a.
The name, residence address and telephone number of each individual,
owner or partner, or if a domestic corporation, the names, residence
addresses and telephone numbers of the directors and officers owning
a 10% or greater interest in the corporation and the chief operating
executive of the corporation, and if a nondomestic corporation, the
name, residence address and telephone number of the managing officer
for service of process within the State of New Jersey and a copy of
the qualification of said nondomestic corporation to conduct business
in the State of New Jersey.
b.
A copy of the trade, corporate, business or fictitious name upon
which the applicant intends to do business pursuant to this section.
c.
The address and description of each place where the applicant intends
to establish or operate an outdoor cafe.
d.
The name and address of the person owning the premises, if other
than the applicant, and the consent of the owner of the premises to
the application.
e.
One set of a proposed layout plan containing scaled drawings clearly
illustrating the number, type of materials, color and location of
all tables, chairs, umbrellas or other furnishings or fixtures intended
to be located in the outdoor cafe. The perimeter of the outdoor cafe
shall be defined and set off by a portable-type enclosure, which may
include live plantings. The enclosure shall define the perimeter of
the area to be used as an outdoor cafe and shall separate it from
the pedestrians traversing the adjacent sidewalk. The enclosure shall
not contain doors or windows nor air-conditioning or heating equipment
and shall be open at all times to the air from a height of not more
than three feet. Awnings or outdoor umbrellas extending over the enclosure
are permitted. The scaled drawings shall also illustrate the following:
1.
The location of any doors leading from the eating establishment to
the outdoor cafe. No such doors may be obstructed in any manner.
2.
The number of feet and location of unobstructed space permitting
free passage of pedestrian traffic around or through each outdoor
cafe.
3.
The location of the place where any food or drink is intended to
be prepared.
4.
An illustration of the enclosure or protective barrier separating
the eating and serving area of each outdoor cafe from pedestrian traffic.
5.
The location of all fire hydrants, parking meters, utility poles,
benches, handicap ramps, street furniture, trees and any other fixtures
permanently located on the sidewalk in front of the eating establishment
or within 10 feet thereof on either or any side.
6.
The type and location of any proposed outdoor lighting and fixtures.
7.
Name, address, block and lot of all uses within 200 feet to either
side of the property, including types of uses, and, in the case of
mixed use, the location of use by level within a building.
8.
Seating capacity of the existing restaurant and the proposed outdoor
dining area and compliance of the restaurant with the parking requirements
of the Borough.
f.
The annual application fee shall be $100.
[Ord. No. 12-6]
The Construction Code Official will review the application for
completeness and compliance with the terms of this section. If the
application is complete, the Construction Code Official will act upon
the same within 10 business days of the submittal of the application
or within 10 business days after the application becomes complete.
If the application is not complete, the Construction Code Official
will so notify the applicant within 10 business days of the submission
and specifically detail the areas in which the application lacks compliance
with the requirements of this section.
[Ord. No. 12-6]
If the application complies with the section, the Construction
Code Official shall issue a license strictly subject to the terms
and conditions of this section.
In computing the number of off-street parking spaces required
for restaurants with outdoor dining area, the outdoor dining area
and its seating capacity shall be included. However, where such outdoor
seating represents a relocation of indoor seating such that there
will be no increase in the overall seating capacity of the restaurant,
such areas shall not be included.
[Ord. No. 12-6]
The license is personal to the applicant, and any change or
transfer of ownership of the outdoor cafe shall terminate the license
and shall require new application and a new license in conformance
with all of the requirements of this section.
[Ord. No. 12-6]
Acceptance of the license by the applicant shall operate as
a consent to the health, fire, police and building officials of the
Borough to inspect the outdoor cafe for continued compliance with
the terms and conditions of this section and any Federal, State, County
or local law, article or regulation affecting the same.
[Ord. No. 12-6]
No license required by this section shall be granted to any
person to operate an outdoor cafe until such person shall have filed
with the Construction Code Official a statement agreeing to indemnify
and hold harmless the Borough of Fairview, its agents, servants, representatives
or employees from any or all claims, damages, judgment costs or expenses,
including attorneys fees, which they or any of them may incur or be
required to pay because of any personal injury, including death, or
property damage suffered by any person or persons as a result of or
related in any way to the operation and maintenance of the outdoor
cafe for which the license is issued.
[Ord. No. 12-6]
a.
No license required by this section shall be granted to any person
to operate an outdoor cafe until such person shall have first filed
with the Construction Code Official a comprehensive general liability
policy issued to such person by a public liability insurance company
authorized to do business in the State of New Jersey affording the
coverage set forth below in the amount so specified. Such insurance
policy shall name the Borough of Fairview, 59 Anderson Avenue, Fairview,
New Jersey 07022, its agents, officers, servants, representatives
and employees as additional insured with respect to the operation
and maintenance of the outdoor cafe in the following amounts:
b.
The insurance coverage required by this section shall at all times
be maintained for the full amount. The policy of insurance required
by this section to be filed with the Construction Code Official shall
contain a clause obligating the company issuing the same to give not
less than 30 days' written notice to the Borough Clerk before cancellation
or amendments of any of the terms thereof. Notice of cancellation
shall not relieve the company issuing such policy of liability for
any injury or claim arising before the cancellation becomes effective.
The cancellation of any such policy shall have the immediate affect
of suspending the license of such person to operate the outdoor cafe
covered thereby until a new policy complying the provisions of this
section is filed with the Construction Code Official and a letter
in writing confirming the new effective date of the license is issued
by the Construction Code Official.
[Ord. No. 12-6]
Every insurance policy required hereunder shall contain a provision
for continuing liability thereunder to the full amount thereof notwithstanding
any recovery thereon, that the liability for the insured shall not
be affected by the insolvency or the bankruptcy of the insured, and
that until the policy is cancelled the insurance company will not
be relieved from liability on account of nonpayment of premium or
of any act or omission by the named insured. Such policy of insurance
shall be further conditioned for the payment of any and all judgments
up to the limits of such policy.
[Ord. No. 12-6]
Any license issued hereunder is issued solely as a revocable
license, which shall be subject to revocation or suspension by the
Construction Code Official for failure of any licensee to comply with
this section or for violation of any other applicable Federal, State,
County or municipal law, regulation or article. Any license issued
hereunder is issued upon the express understanding that the licensee
obtains no property right thereunder, nor any interest in the continuation
of said license.
[Ord. No. 12-6]
It shall be unlawful for any person to operate an outdoor cafe
after the suspension or termination of the applicable license.
[Ord. No. 12-6]
Each licensee is responsible for keeping the area of the outdoor
cafe and the adjacent walks and streets free and clear of any debris
or litter occasioned by the cafe. Areas must be cleaned as needed
and at the time that business is closed and at the beginning of each
business day, not later than 9:00 a.m. Sidewalks shall be washed and
kept free of all debris. All foreign substances shall be removed from
the sidewalk surface.
[Ord. No. 12-6]
No vending machines of any kind are permitted on the exterior
of any building operating an outdoor cafe.
[Ord. No. 12-6]
No signs shall be permitted in the area of the outdoor cafe
except signs on the awnings complying with the Sign Ordinance of the
Borough of Fairview. Outdoor umbrellas located in the outdoor cafe
shall be exempt from the Sign Ordinance of the Borough of Fairview.
[Ord. No. 12-6]
In addition to the powers of suspension or revocation as set
forth above, the Borough reserves the right to modify, suspend or
revoke any license on 10 days' written notice if the Borough determines
that pedestrian traffic is, in fact, impeded, made unsafe because
of the operation of the outdoor cafe or because of any other safety
issue which the Borough determines adversely affects the Borough because
of such operation. The license may also be suspended or revoked on
10 days' written notice in the event that the Borough determines that
it is necessary to utilize the area or any part thereof for the maintenance
or installation of underground utilities. In the event of an emergency,
which emergency is certified by the Borough Administrator, the license
may be suspended or revoked without notice.
[Ord. No. 12-6]
If the applicant is the holder of an alcoholic beverage control
license pursuant to the laws of the State of New Jersey, it shall
be the applicant's responsibility to cause the alcohol beverage control
license to be amended to include the premise utilized for outdoor
cafe purposes in order to serve alcoholic beverages therein.
[Ord. No. 12-6]
Outdoor cafes shall be permitted to operate on any day of the
year. The license, when issued, shall be valid for the calendar year
in which it is issued.
[Ord. No. 12-6]
No tables, chairs, benches or other equipment used in the outdoor
cafe shall be attached, chained or in any manner affixed to any tree,
post, sign, curb or sidewalk or property of the Borough of Fairview
within or near the licensed area.
[Ord. No. 12-6]
The licensee agrees at the end of the license period, or in
the event that the license is temporarily or permanently suspended
or revoked, that the licensee will at his own cost and expense vacate
the sidewalk space and promptly remove any property placed thereon.
Failure to do so on five days' written notice shall grant to the Borough
the right to remove any property on the sidewalk, and the licensee
agrees to reimburse the Borough for the cost of removing and storing
the same.
[Ord. No. 12-6]
The licensee shall not direct or permit to be directed to or
from the area occupied by the outdoor cafe any bell, chime, siren,
whistle, loudspeaker, public address system, radio, sound amplifier
or similar device.
[Ord. No. 12-6]
No outdoor cafe shall be open for business prior to 7:00 a.m.,
nor remain open for business after 10:00 p.m. All persons occupying
the outdoor cafe shall vacate the same no later than 10:30 p.m.
[Ord. No. 12-6]
No food or drinks served or consumed at outdoor cafes located
either on public or private property shall be prepared or stored other
than in the interior of the eating establishment. Table service is
required at restaurants only.
[Ord. No. 12-6]
The Borough of Fairview shall issue a permit certificate upon
payment in full of the appropriate annual fee and compliance by the
applicant of the prerequisites set forth in this section. The licensee
is required to display the permit certificate prominently in the front
window, facing towards the sidewalk of the establishment. Failure
to properly display the requisite permit certificate shall result
in suspension or termination of the license by order of the Borough
Administrator.
[Ord. No. 12-6]
a.
An outdoor dining facility license shall be valid only through October
31 of a given year;
b.
A new outdoor dining facility license must be obtained for each year;
c.
An outdoor dining facility license may not be transferred in any
way;
d.
The license shall be displayed in a conspicuous place on the premises
prior to the use of the outdoor dining facility.
[Ord. No. 12-6]
The conduct of outdoor dining pursuant to a license issued under
this section shall be subject to and inclusive of all of the following
restrictions and requirements. This provision shall not be interpreted
to limit the discretion of the Planning Board to require further conditions
as part of site plan review as reasonable and appropriate.
a.
Outdoor dining may only be in districts zoned for business, designated
on the Borough of Fairview Zoning Map;
b.
The outdoor dining area must be clearly defined and limited by way
of a barrier, such as fencing, landscaping, a wall or as approved
by the Planning Board;
c.
The outdoor dining area must not block, obstruct and/or inhibit pedestrian
traffic on public sidewalks. Pedestrian traffic must have a clear,
open and unobstructed access between the closest edge of the outdoor
dining tables and the curbline of the sidewalk. There shall be a minimum
of 12 feet between the building and the front property line in order
for the dining area to be approved;
d.
Any outdoor dining area shall have adequate buffering from adjacent
buildings or sites consisting of landscaping and/or fencing or as
approved by the Planning Board. If the outdoor dining area abuts residentially
zoned land, the outdoor dining area shall be located a minimum of
five feet from the common property line;
e.
Property owners shall not place anything in an alleyway, path, or
walkway or set up tables in such a manner as to block, obstruct, or
inhibit access to such alleyways, paths, or walkways;
f.
Outdoor dining facility owners, employers, and employees shall not
block, obstruct, or inhibit a building's entrance/egress. It shall
be unlawful to block or obstruct in any manner the clear width of
any exit's discharge passageway, as determined by the clear width
opening of the entrance/egress door(s). The exit's discharge passageway
shall proceed directly to the street;
g.
Only tables, chairs, umbrellas, and receptacles for garbage and recyclables
are permitted within the outdoor dining area;
h.
Outdoor dining facility owners, employers, and employees shall not
place any table, chair, sign, umbrella or other item in such a manner
as to block or obstruct any municipal sign receptacles for garbage
and recyclables, public hydrants, or other public amenity;
i.
Outdoor dining facility owners, employers, and employees must provide
for the disposal of garbage and recyclables. Public receptacles for
garbage shall not be used;
j.
The outdoor dining area and surrounding sidewalk and property areas
shall be kept clean from any and all litter during hours of operation;
k.
All customers must be seated in the outdoor dining area during their
patronage. Outdoor dining facility owners, employers, and employees
are prohibited from serving drivers or passengers of all vehicles;
l.
All food preparation shall be indoors in the regular kitchen area
of the retail food establishment; opening to kitchen/food preparation
areas must prevent for entry of insects, rodents and other vermin;
m.
Any outdoor dining facility serving alcohol products in the outdoor
dining area shall be required to do so only in connection with food
service at tables. Alcohol service and/or consumption at the outdoor
dining facility is subject to further regulations more fully described
herein;
n.
All outdoor food service is subject to the regulations contained in Chapter 12 of the New Jersey Sanitary Code;
o.
There must be absolutely no offensive odor emanating from the outdoor
dining facility and/or outdoor dining area due to food preparation,
handling, spoilage, and/or litter;
p.
Outdoor dining facility owners, employers and employees are prohibited
from using public utility hookups;
q.
All sound and video systems are prohibited within the outdoor dining
area. The licensee shall not direct or permit to be directed to or
from the outdoor dining area any bell, chime, siren, whistle. All
noise emanating from the outdoor dining area shall be kept at such
a level as to comply in all respects with the provisions of applicable
ordinances;
r.
Smoking shall be prohibited within and around the outdoor dining
area. Such areas shall be marked by a sign indicating the prohibition
of smoking;
s.
No signs of any nature shall be permitted in the outdoor dining area,
except as previously expressed;
t.
Outdoor dining may commence April 1 and may continue through October
31;
u.
Permissible hours of operation shall be from 7:00 a.m. to 10:00 p.m.;
v.
The outdoor dining areas must be cleared and washed daily by 10:30
p.m.;
w.
All Sanitary Code, alcoholic beverage requirements, and all other
laws and regulations shall apply to the outdoor seating unless specifically
excluded;
x.
The Borough of Fairview retains the right to temporarily suspend
an outdoor dining facility license to allow for construction activity,
utility repairs, special events, or any other appropriate reason as
determined by the Governing Body. Reasonable advance notice must be
given to the affected outdoor dining facility licensees.
y.
All tables, chairs, and other materials must be removed from the
sidewalk except during hours of operation. All tables, chairs and
other materials must be kept within the areas permitted by the outdoor
dining license, and the sidewalk must be washed and/or swept daily.
z.
Tables shall be provided with umbrellas or an approved form of covering
to prevent contamination of food in eating areas.
aa.
No pets allowed except for service animals.
bb.
All outer opening (doors, windows) of the establishment must be kept
closed or have approved devices to prevent entering of insects, rodents
and other vermin.
[Ord. No. 13-14]
Shall mean every motor vehicle where frozen desserts are
carried for purposes of retail sale on the streets of the Borough.
Shall mean offering frozen desserts for sale from a motor
vehicle on the streets of the Borough.
[Ord. No. 13-14]
a.
No person shall engage in the business of vending frozen desserts
without first obtaining a license therefor from the Board of Health
as hereinafter provided.
b.
No license shall be issued unless the applicant provides evidence
of MVC inspection, registration and insurance, in accordance with
New Jersey State requirements.
c.
A frozen dessert vendor, who is issued a license, pursuant to this
section, shall, as a condition of the license, post a sign on the
vehicle listing the price of each item being sold therefrom. The sign
shall be conspicuously displayed on the vehicle.
[Ord. No. 13-14]
A vendor's vehicle license issued under this section shall entitle
the person named therein to engage in the business of vending frozen
desserts upon, in or from the vehicle named therein, for the term
of one year commencing on January 1 of the year of its issuance and
ending on December 31 of said year. Such license shall not be assignable
or transferable to any other person.
[Ord. No. 13-14]
A salesman's license issued under this section shall entitle
the person named therein to operate as the salesman of a licensed
vending frozen dessert truck upon, in or from a vehicle licensed under
this section, for the term of one year commencing on January 1 of
the year of its issuance and ending on December 31 of said year. Such
salesman's license shall not be assignable or transferable to any
other person.
[Ord. No. 13-14]
An applicant for a frozen dessert vendor's vehicle license shall
present a written verified application to the Health Officer on forms
supplied by the Board of Health. The application shall set forth the
following information:
a.
Name and permanent home address of the applicant.
b.
Whether or not the applicant has been convicted of a crime, a misdemeanor,
a disorderly persons offense or violation of any municipal ordinance,
and the nature of each offense, if any, for which convicted.
c.
If the applicant is an employee or representative of any other person,
the applicant shall attach to his application evidence from the person
for whom the applicant is acting, showing that the applicant is authorized
to act as the representative.
d.
Full description of the vehicle to be licensed, and if the applicant
is not the owner thereof, the name and address of the owner thereof
and the interest of the applicant in said vehicle.
[Ord. No. 13-14]
An applicant for a license as a salesman of a frozen dessert
vendor, to sell upon or from any vehicle licensed under this section,
shall present a written verified application to the Health Officer
on forms supplied by the Board of Health.
[Ord. No. 13-14]
[Ord. No. 13-14]
a.
Upon receipt by the Health Department of an application, it shall
be his/her duty to refer same to the Police Department who shall:
1.
Cause the applicant and the salesman who will operate under the permit
to be fingerprinted. No permit shall be issued until the fingerprints
are cleared through the New Jersey State Police.
2.
Cause an investigation to be made of each applicant and salesman
having particular reference to the individual's character, reputation
and criminal record, if any.
b.
The Health Officer shall also conduct an investigation of the facts
set forth in the application. Upon the approval of the application
by the Health Officer and a satisfactory report from the Police Department
and upon the payment of the prescribed license fee to the Health Department,
the appropriate license shall be issued.
[Ord. No. 13-14]
Upon the issuance of a frozen dessert vendor's vehicle license
and a salesman's license under this section, the Health Department
shall furnish the licensee with a card or other evidence bearing a
number corresponding to the number of the license and the year in
which used. The card or such other evidence must be displayed at all
times on a conspicuous part of the licensed vehicle in clear view
of all patrons.
[Ord. No. 13-14]
a.
No license shall be issued to a frozen dessert vendor selling from
a truck unless a certificate is furnished to the Borough showing that
the vendor is carrying the following minimum amounts of insurance.
1.
Public liability insurance in an amount not less than $500,000 for
injuries, including those resulting in death, resulting from any one
occurrence on account of any one accident.
2.
Property damage insurance in an amount not less than $50,000 for
damages on account of any one accident or occurrence.
b.
The certificate shall contain an agreement signed by the insurance
company that prior to modification, cancellation or termination of
the subject policy, written notice shall be sent to the Borough Clerk
by said insurance company.
[Ord. No. 13-14]
Equipment required for frozen dessert trucks shall be those
as established pursuant to N.J.S.A. 39:4-128.5, as amended.
[Ord. No. 13-14]
Every frozen dessert vehicle shall be inspected by the Police
Department each year prior to its use in this Borough for the purposes
of retail sales of frozen desserts. The Police Department shall inspect
each frozen dessert truck to determine whether it complies with this
section and other State and local laws.
[Ord. No. 13-14]
a.
A person vending frozen desserts on the streets of the Borough must
conform to the conditions for vending as set forth under N.J.S.A.
39:4-128.7, as amended.
b.
The operator of any frozen dessert truck which transverses the streets
of the Borough for the purposes of vending frozen products shall submit
to the Police of the Borough, prior to the first day of January of
each year hereafter, a detailed listing of the routes to be traveled
each day by said motor vehicles. The Police Department shall approve
or disapprove such routes within 30 days thereinafter. Any routes
not approved by the Police Department shall not be utilized by said
operator.
c.
The driver and frozen dessert truck shall not back up the vehicle
to make or attempt a sale.
[Ord. No. 13-14]
Any person, firm or corporation violating a provision of this
section shall be punishable by any combination of the following: a
fine of not less than $100 and not more than $1,000, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, for each offense. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
[Ord. No. 13-14]
In addition to the penalties provided in Subsection 4-24.14, any license issued under this section may be suspended or revoked by the Health Officer for any misstatement in the application or for violation of any of the provisions of this section. The licensee may appeal the license suspension or revocation to the Borough Council.
[Added 6-20-2023 by Ord. No. 23-09]
The total number of frozen dessert truck licenses that may be
issued and outstanding at any time shall be fixed and shall not exceed
a total of two (2).
[Added 12-20-2022 by Ord.
No. 22-13]
The State of New Jersey has enacted a statute which requires
business owners and rental unit owners to maintain certain liability
insurance policies and register certificates of insurance demonstrating
compliance with such statute with the municipality. The requirement
to register a certificate of insurance shall be effective as of November
6, 2022, 90 days following enactment; and said law provides that the
municipality may, by ordinance, establish a reasonable administrative
fee for the certificate of registration;
[Added 12-20-2022 by Ord.
No. 22-13]
Pursuant to New Jersey statute, all business owners and rental
unit owners shall register a certificate of insurance as required
by statute in the office of the Borough Clerk on an annual basis,
which office shall maintain a registry of certificates of insurance
filed with it, and each registration shall be accompanied by payment
of $25 as an administrative fee for such registration payable to the
Borough of Fairview.
