Editor's Note: See also Chapter 7 for General Licensing provisions. See also the separate Board of Health Code.
[1993 Code § 86-1]
No person shall engage in the operation of an establishment
where one or more machines or devices are offered for public use which,
upon insertion of a coin, coins or token or by other means, provide
self-service dry-cleaning facilities without first having applied
to and procured a permit from the Board of Health of the Township
of West Caldwell or without complying with any and all of the provisions
of the Coin-Operated Dry-Cleaning Establishment Code of New Jersey
(1962) as adopted or amended by the Board.
[1993 Code § 86-2]
Application for a permit shall be made in conformity with the
provisions of the Coin-Operated Dry-Cleaning Establishment Code of
New Jersey (1962) as adopted or amended by the Board of Health, and
such permit shall not be transferable.
[1993 Code § 86-3]
The annual permit fee shall be $25 per year.
[1993 Code § 86-4]
No provision of this section shall be construed to impose any
unlawful burden on either interstate commerce or any activity of the
state or federal government.
[1993 Code § 102-1; New]
No person shall operate a retail food establishment or engage in the operation of, or permit to be maintained a food or beverage vending machine, as defined in Chapter 12 of the New Jersey State Sanitary Code entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," without having first obtained a license.
[1993 Code § 102-2; New]
In addition to the requirements contained in Chapter 7, Section 7-1, Licensing Procedures, each application for a license under this section shall be investigated by the Township Health Officer, who shall report his findings in writing to the Mayor and Council within a reasonable time. No license shall be issued unless the Health Officer reports that the applicant conforms to all provisions of the aforementioned Chapter 12 of the New Jersey State Sanitary Code.
[1993 Code § 199-4]
No provision of this section shall be construed to impose any
unlawful burden on either interstate commerce or any activity of the
state or federal government.
[Ord. No. 1226]
Spills and the discharge and release of hazardous substances
constitute a danger to the health, safety and welfare of the municipality
and its citizens. The response by the municipality to such incidents
necessitates expenditures for personnel and equipment and for the
storage, treatment, transportation and/or disposal of hazardous substances,
and imposes a significant financial burden upon the township.
[Ord. No. 1226]
Shall have the meaning set forth in the Discharge of Petroleum
and Other Hazardous Substances Regulations, N.J.A.C. 7:1E, and/or
those which have been determined as hazardous by the Secretary of
Transportation under Title 49 and the NFPA Hazardous Materials Guide
Book.
Shall mean any unit providing assistance to the township, either by contract, mutual aid, or other means, in response to a release as described in subsection 14-4.3.
Shall be (1) any person whose act or omission results or
has resulted in a discharge; (2) each owner or operator of any facility,
vehicle or vessel from which a discharge has occurred; (3) any person
who owns or controls any hazardous substance which is discharged;
(4) any person who has directly or indirectly caused the discharge;
(5) any person who has allowed a discharge to occur; or (6) any person
who brokers, generates or transports the hazardous substance discharge.
[Ord. No. 1226]
In the event there occurs a spill, discharge, leakage or any
other type of release of hazardous substances onto any private or
public property, including waterways, roadways, or any other place
in the municipality, the responsible party(ies) shall be responsible
for all reasonable costs associated with and necessitated by the township's
response thereto, including, but not limited to, costs of labor, equipment,
materials, supplies, containment, storage, transport, disposal, permits
and any other expense reasonably related to the response by the township
or by the township's appointed response agency.
[Ord. No. 1226]
Upon the conclusion of response, containment and/or clean-up
efforts, the municipal departments involved in the response shall
prepare an accounting of all costs and expenses associated with the
response, including but not limited to, a pro rata cost for personnel
time, equipment, materials supplies and any other expense reasonably
related thereto. The accounting shall be presented in writing as soon
as practicable to the municipal Finance Officer and Township Clerk/Administrator
for verification and approval, and shall then be transmitted to the
responsible party for reimbursement to the township. The responsible
party(ies) shall be strictly, jointly and severally responsible for
reimbursing the township for the costs within 60 days of notification
by the township.
[Ord. No. 1226]
Any responsible party(ies) found liable under the terms of subsection 14-4.3, who fail to reimburse the township for all costs within the time set forth will each be subject to a fine of not less than $50 nor more than $500 per day or by imprisonment for a period of not more than six months or both. This penalty is in addition to the requirement of full restitution, as described herein, which shall be applied with interest at the rate of 18% per annum beginning the 61st day after notification of the township.
[Ord. No. 1241]
In view of the indiscriminate sales of cigarettes to minors
by automatic vending machines all cigarette vending machines are hereby
prohibited in all retail establishments in the Township of West Caldwell.
[Ord. No. 1241]
Any person owning, operating, renting or permitting the use
of a cigarette vending machine on retail premises under his control
shall be subject to a fine of $250. Each day on which such a machine
is owned, operated, rented or permitted on the premises shall result
in an additional fine.
