[1]
Editor's Note: Prior ordinance history includes portions of
1972 Code §§ 6-2.1 — 6-2.8.
[Ord. No. 2152-07 § 2]
As used in this section:
Shall include the terms door-to-door salesperson, hawker,
solicitor, canvasser, distributor and vendor, and shall mean any person
traveling in the Township by any means from house to house or street
to street, who, without invitation, visits, calls or applies at residential
dwellings, whether at the doorway or from the street, with the intent
or for the purpose of selling a product or service to earn income,
make a profit, or both, as a commercial business, whether or not such
person carries or exposes for sale the product, or a sample of the
product or service being sold, whether or not such person is collecting
payment for such sales or obtaining a promise to pay in the future,
and whether not such person is working for himself, herself, as an
employee, or as an independent contractor working for someone else.
[Ord. No. 2152-07 § 2]
This section shall not be construed to include:
a.
The delivery of goods or services already ordered by a resident.
b.
Any veteran or volunteer firefighter who holds a special license
issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application
for a license, but shall be required to comply with all other applicable
sections of this section.
c.
Any canvassing or solicitation, including fundraising, conducted
by any bona fide nonprofit, religious, charitable, civic, political,
veteran or fraternal organization or association, service club, volunteer
fire or first aid company.
[Ord. No. 2152-07 § 2]
It shall be unlawful for any person to engage in the business
of a peddler as defined in this section within the Township without
first obtaining a commercial permit as provided by this section. No
permit issued shall be valid for a period of more than 45 days.
[Ord. No. 2152-07 § 2]
Every applicant for a commercial permit under this section shall
file with the Township Clerk a sworn application in writing, on a
form to be furnished by the Township. The form shall be completed
and signed by the applicant with the following information:
a.
Name, age and physical description of the applicant if an individual;
if applicant is an organization, name of the organization as well
as the name, age and physical description of all persons who will
be working as peddlers in the Township on behalf of the organization
(each of whom must complete their own individual application);
b.
Residence or principal business address of the applicant, but not
a post office box, to which all notices and communications are to
be addressed;
c.
Permanent home address of the applicant (if different than residence
or principal business address);
d.
Brief description of the nature of the applicant's business, and
the goods to be sold or the services to be furnished or performed;
e.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship, and a letter or other
written statement signed by the employer, certifying that the applicant
is authorized to act as such employer's representative;
f.
Length of time for which the right to do business is desired, but
not to exceed a period of 45 days;
g.
Extent and portion of Township to be covered by or on behalf of the
applicant; days, dates and hours on and between which sales will be
conducted;
h.
Statement of and signed by the applicant as to whether or not the
applicant or any person working as a peddler on behalf of the applicant
has been convicted of any crime or disorderly persons offense or violation
of any ordinance; and if so, the nature of the crime, offense or violation,
the punishment or penalty assessed therefor, and the date and place
of such conviction;
i.
License number and complete description of any vehicle which is to
be used in connection with such peddling activity;
j.
Two passport size photographs of the applicant and all persons working
as peddlers on behalf of the applicant, taken within 60 days immediately
prior to the filing of the application;
k.
Each applicant, including all persons working as peddlers on behalf
of an entity applicant, or for another individual applicant, shall
submit himself or herself for fingerprinting at Police headquarters
before a permit may be issued;
l.
Payment of an application fee of $100 per application, except in
the case of multiple peddlers working for an entity, or for another
peddler, the entity or principal peddler application shall pay the
$100 application fee and each individual peddler shall pay an additional
$50 for their individual permit, for the use of the Township to defray
the cost of investigating, processing and issuing the permit, and
for the purpose of raising revenue as permitted by N.J.S.A. 40:52-2;
m.
Two business references located in the County of Essex, State of
New Jersey, or in lieu thereof such other available evidence of the
character and business responsibility of the applicant as will enable
an investigator to properly evaluate such character and responsibility,
including, but not limited to, banking references, customer references,
and lender references;
n.
The applicant shall provide a copy of his or her New Jersey Business
Registration Certificate;
o.
The applicant shall insert one advertisement two inches by two inches
in size in a newspaper circulated in the Township, informing the public
of the name, purpose, location and dates of any peddling activity
for which a permit may be issued under this section at least two weeks
prior to the commencement of such activity. The costs of such advertisement
shall be paid by the applicant, which shall file an affidavit of publication
with the Township Clerk. In the case of an applicant who will have
other peddlers working on his behalf only one advertisement shall
be necessary, but same shall set forth the number of peddlers who
will be working on that applicant's behalf.
[Ord. No. 2152-07 § 2]
The Chief of Police shall cause an investigation to be made
of the applicant's character and business responsibility, which investigation
shall include the fingerprinting of the applicant as referred to herein
to confirm the applicant's identity and the existence of any criminal
record, contacting the references provided to determine the applicant's
reputation for honesty and fair dealing in the business community,
whether complaints have been made against the applicant by customers,
by other merchants, or by municipal officials in those municipalities
in which the applicant has done business, the nature of such complaints
and their disposition. In determining the applicant's character and
business responsibility, and whether or not the commercial should
be issued, the Chief of Police shall be guided by the following:
a.
Violation of any term or provision of any State commercial permitting
regulation, or municipal commercial permitting ordinance, substantially
the same as or similar to this section, within a period of three years
preceding the date of the application, shall disqualify the applicant
from obtaining a commercial permit under this section;
b.
For applicants who have been licensed to operate as peddlers in the
Township of West Orange within the three years preceding the date
of the application, three or more written complaints from customers,
or Township officials, against the applicant in any twelve-month period
shall create a presumption against issuance of a permit;
c.
An applicant's criminal conviction for committing a violent crime,
sex offense, fraud, theft, terrorism, or a weapons offense, shall
disqualify the applicant from receiving a commercial permit under
this section;
d.
Clear and convincing evidence that within the three years preceding
the date of application, the applicant has conducted the business
of peddling in an unlawful manner or in such manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public, shall disqualify the applicant from
obtaining a commercial permit under this section;
e.
The Chief of Police, or a Superior Officer designated by him, shall
prepare a written report with its conclusions and recommendations
regarding the applicant's character and business responsibility, and
fitness for issuance of a commercial permit, and shall submit such
report to the Municipal Clerk;
f.
If the written report so recommends, the Municipal Clerk shall issue
the commercial permit to the applicant.
[Ord. No. 2152-07 § 2]
a.
No commercial peddling shall be done except between the hours of
9:00 a.m. and sunset on each weekday, the time of sunset to be determined
by reference to the same in the Star Ledger newspaper published on
that day, and on Saturdays between the hours of 10:00 a.m. and 4:00
p.m.
b.
The permittee shall carry and exhibit his/her permit at all times
while working in the Township as a peddler and shall do so in the
form and manner required by the Office of the Municipal Clerk, which
may require that the permit be carried and exhibited in a notorious
fashion, in a brightly colored, conspicuous manner such that the peddler
can be readily identified as such by the public.
c.
The permit shall be signed and sealed by the Township Clerk and shall
show:
1.
Name and address, with photograph attached, of the permittee;
2.
Date of issuance of the permit and date the permit shall expire;
3.
Kind of goods to be sold or services to be furnished or performed;
4.
Amount of fee paid;
5.
License number and other identifying description of any vehicle to
be used in the operation of the peddler's business.
d.
On expiration of the permit the holder thereof shall immediately
surrender the permit to the Office of the Municipal Clerk. Failure
to surrender the permit to the Office of the Municipal Clerk within
seven days of the expiration of the permit period shall be deemed
a violation of this section.
[Ord. No. 2152-07 § 2]
Permits issued under this section may be revoked by the Police
Director, after notice and hearing, for any of the following causes:
a.
Fraud, misrepresentation or false statement contained in the application
for the permit.
b.
Fraud, misrepresentation or false statement made in the course of
carrying on business as a peddler.
c.
Any violation of this section.
d.
Conviction of the permit holder of any crime involving violence,
sexual misconduct, fraud, theft, terrorism or weapons offenses, or
disorderly persons offenses of a similar nature.
e.
Conducting the business of peddling in an unlawful manner or in such
manner as to constitute a breach of the peace or to constitute a menace
to the health, safety or general welfare of the public.
f.
Pending such hearing, the Police Director shall have the power to
suspend the permit for a period of not more than seven days.
[Ord. No. 2152-07 § 2]
a.
Notice of the hearing for revocation of the permit shall be given
to the permittee in writing, setting forth specifically the grounds
of the complaint and the time and place fixed for the hearing.
b.
Such notice shall be mailed by registered or certified mail, postage
prepaid, to the permittee at his or her permanent address set forth
in his/her application, at least five days prior to the date fixed
for the hearing.
[Ord. No. 2152-07 § 2]
a.
Any person aggrieved by the action of the Police Director in the
revocation of a license as provided within this section shall have
the right of appeal to the Township Council upon such action.
b.
Such appeal shall be taken by filing with the Township Council within
14 days after notice of the action complained of has been given and
shall consist of a written statement setting forth fully the grounds
for the appeal.
c.
The Township Council shall set a time and place for a hearing on
such appeal, the date of which shall be the next regular Council meeting
at least seven days after the notice of appeal has been filed, and
notice of such hearing shall be given to the appellant.
d.
After such hearing, the Township Council may affirm or reverse the
action from which the appeal is taken.
[Ord. No. 2152-07 § 2]
It shall be the duty of any Police Officer of the Township to
require any person seen peddling and who is not known by such officer
to be duly licensed, to produce his or her peddler's license and to
enforce the provisions of this section against any person found to
be violating the same.
[Ord. No. 2152-07 § 2]
The equipment used or employed by peddlers of foods and/or beverages,
shall be maintained in a clean and sanitary manner and be subject
to the inspection by the Health Officer or his/her authorized agents.
Any violation found and not immediately corrected shall be grounds
for revocation of the license.
[Ord. No. 2152-07 § 2]
a.
The Township of West Orange shall establish a "Do Not Solicit/Privacy
List," permitting Township residents to notify the Office of the Municipal
Clerk that they do not wish peddlers to enter upon their property.
The Office of the Municipal Clerk shall provide the most recent list
of addresses on its "Do Not Solicit/Privacy List" to each commercial
permittee along with its permit and no peddler shall enter the property
or call upon any resident of the properties on that list.
b.
Any resident of the Township of West Orange may post a sign on or
near their doorway, not greater in size than eight inches in length
and width, stating "No Solicitation Permitted," or similar words to
advise peddlers and others that they do not wish to be solicited.
Whether or not on the "Do Not Solicit/Privacy List" established and
provided to peddlers by the Township, peddlers shall honor such signs
expressing the wishes of the residents and shall not call upon such
residences.
c.
Any peddler who enters a property on the "Do Not Solicit/Privacy
List," or who calls upon, knocks on the door of, or rings the doorbell
of, a property bearing a "No Solicitation Permitted," or similarly
worded sign, shall be in violation of this section.
[Ord. No. 2152-07 § 2]
No peddler shall:
a.
Perform any activity other than that described in the application
submitted pursuant to this section.
b.
Delay his/her departure for any unreasonable length of time after
any owner, tenant, resident or other person has signified his/her
lack of intention to continue any conversation;
c.
Annoy or harass any owner, tenant, resident or other person by the
use of indecent, offensive or insulting remarks, actions or gestures;
d.
Approach any building or property except on the walks or paths leading
to the front door of such building or property without crossing any
lawns, shrubbery, flowers or private grounds.
[Ord. No. 2152-07 § 2]
Any person who violates any provision of this section shall
upon conviction thereof, be punished by a fine not exceeding $1,250
or by imprisonment for a term not exceeding 90 days, or both. For
continuing violations a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
[1972 Code § 6-3.1]
As used in this section:
Shall mean any person, whether principal or agent, who engages
in a merchandising business in the Township of West Orange with intent
to close out or discontinue such business within one year from the
date of commencement, including one who for the purpose of carrying
on such business, hires, leases or occupies any building, structure
or railroad car for the exhibition and sale of such goods, wares and
merchandise, but nothing in this section shall be construed to affect
the sale of fruits, vegetables and farm products such as meat, poultry,
butter and eggs.
[1972 Code § 6-3.2]
All transient merchants or itinerant vendors shall, before offering
for sale any personal property, make a declaration under oath to the
Township Clerk of the number of days they propose to engage in such
business, together with a specific statement as to the location of
such personal property by street and number and whether on the premises
from which they are to be sold or in warehouses or storage.
[1972 Code § 6-3.3]
All transient merchants or itinerant vendors shall, before offering
for sale any personal property, pay to the Township Clerk a sum of
$500, and upon payment of such sum, he/she shall be entitled to apply
for and receive a license which shall continue in favor of the person
to whom it is issued for the period of 180 days from the day of issuance.
[1972 Code § 6-3.4]
All applications for such license shall be sworn to and shall
disclose the name and residence of the owner or person in whose interest
such business is conducted, and shall further state the average quantity
and kind, as nearly as can be, and the value of the personal property
intended to be sold or exposed for sale in the Township. It shall
also give the names and post office addresses of the persons from
which goods making up the stock were or are to be purchased and the
Township Clerk, in arriving at the valuation, may require the submission
of bills or invoices of such personal property. A separate license
shall be obtained for each branch, establishment or separate place
of business in which the occupation of a transient merchant or itinerant
vendor is carried on, and each license shall authorize the licensee
to carry on, pursue or conduct the business of a transient merchant
or itinerant vendor only at the location indicated thereby.
[1972 Code § 6-3.5]
Before a license shall be issued, the applicant shall execute
and deliver to the Township Clerk, a good and sufficient bond with
good and sufficient surety, to be approved by the Township Attorney,
equal in amount to 25% of the value of the personal property shown
in the declarations and disclosures required under the provisions
of this section, but in no event shall the bond be less than $1,000.
It shall remain in force for one year, and be conditioned to indemnify
and pay the Township any penalties or costs incurred in the enforcement
of any of the provisions of this section, and to indemnify or reimburse
any purchaser of such personal property in a sum equal to at least
the amount of any payment such purchaser may have been induced to
make through the misrepresentation as to the kind, quality or value
of the personal property, whether the misrepresentations were made
by the owners or their servants, agents or employees, either at the
time of making the sale or through any advertisement printed or circulated
with reference to such personal property or any part thereof.
[1972 Code § 6-3.6]
Before a license shall be issued, the applicant shall file with the Township Clerk, an instrument in writing nominating and appointing the Township Clerk his or her true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license and the bond given as required by the provisions of Subsection 5-3.5 or for the performance of the conditions of the bond or for any breach thereof. It shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon such agent and when so made shall be as valid as if personally served upon the applicant according to the laws of this or any other State, and waiving all claim or right of error by reason of such acknowledgement of service or manner of service.
[1972 Code § 6-3.7]
Nothing in this section shall apply to or require the obtaining
of a license by any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists; and nothing in this section shall
apply to or require the obtaining of a license by any art, antique
or historical society that shall conduct an exhibition and sale of
art objects, pictures, paintings, prints, historical articles and
furniture generally known and designated as antiques and kindred objects;
and nothing in this section shall apply to or require the obtaining
of a license by any agricultural show, fair or garden society selling
or closing out certain of their exhibits, if such society was an incorporated
association not for pecuniary profit of this State prior to March
26, 1935, or if incorporated subsequent thereto, such society shall
have a bona fide membership of at least 100 persons.
[1972 Code § 6-3.8]
Any transient merchant or itinerant vendor who fails to comply with the requirements of this section or any part thereof, or makes a false or fraudulent representation in any statement required by this section to be filed by him/her, or falsely represents by advertising or otherwise that such personal property is in whole or in part damaged goods saved from fire, or makes any false statement as to the previous history or character of such personal property, shall be subject to a fine of not less than $25 nor more than the penalty stated in Chapter 1, § 1-5.
[1]
Editor's Note: Former § 5-4, Canvassers, Solicitors and Distributors, previously codified herein and containing portions of Ordinance No. 1211-93 was repealed in its entirety by Ordinance No. 2152-07. See § 5-2, Peddlers, Door-to-Door Salespersons, Hawkers, Solicitors, Canvassers, Distributors and Vendors.
[1972 Code § 6-5.1; Ord. No. 75-78 § 1; Ord. No. 1282-94 § 1]
Every auctioneer shall obtain a license by filing an application
as provided by this chapter. The fee for conducting each auction shall
be $50 per day. The Township Council may waive this fee for an auction
sponsored by a nonprofit organization upon proper application to the
Township Council, who may so decide based upon information in the
request submitted by such nonprofit organization.
[1972 Code § 6-4.2]
a.
Pursuant to State law every auctioneer, upon the receipt or acceptance
by him or her of any personal property for the purpose of sale at
auction and before offering the same or any part thereof for sale
at auction, shall write or cause to be written in a book to be kept
by him or her for that purpose, the name and address of the person
who employed him or her to sell such property, the name and address
of the person for whose benefit, behalf or account the property is
to be so sold, the name and address of the person from whom the auctioneer
received or accepted the property, the name and address of the owner
of the property immediately prior to its receipt or acceptance, the
location with street number, if any, of the property immediately prior
to its receipt or acceptance, the place with street number, if any,
in which the property is to be kept until sold or offered for sale
at auction, the place and street number, if any, in which the property
is to be sold or offered for sale at auction, a description of the
property, the quantity thereof and the distinctive markings thereon,
if any, and the terms and conditions upon which the auctioneer receives
or accepts the property for sale at auction.
As used herein, the words "personal property" and "property"
shall mean any goods, wares, works of art, commodity, compound or
thing, chattels, merchandise or personal property which may be lawfully
kept or offered for sale.
Nothing herein contained shall apply to the sale of real property
at auction.
b.
Such books and entries therein shall at all reasonable times be open
to the inspection of the Chief of Police, the County Prosecutor, and
any other person who shall be duly authorized in writing for that
purpose by any or either by them, and who shall exhibit such written
authorization to the auctioneer.
d.
Every general auctioneer shall, before any license is issued to him
or her, enter into a bond with sureties sufficient to be approved
by the Township Attorney in the sum of $1,000 and conditioned for
the due observance of all ordinances of the Township of West Orange
during the continuance of his or her license.
e.
All auctions shall be conducted in accordance with the provisions
of the Uniform Commercial Code, N.J.S.A. 12A:2-328. If the bulk sales
portion of the Code applies, as in N.J.S.A. 12A:6-108, the auctioneer
shall also comply with its provisions.
[1972 Code § 6-5.3; Ord. No. 1283-94 § 1]
a.
Every auctioneer who shall conduct a rug auction shall obtain a license
by filing an application as provided by this section. The fee for
conducting each rug auction shall be $75 per day. A rug auction is
deemed to be any auction where the principal quality or value of the
items being offered for sale consists of rugs, carpets, runners or
other floor covering, except that this subsection shall not apply
where the rugs, carpets, runners or floor covering is part of an estate
in the process of liquidation through such auction.
b.
The application for a license to conduct a rug auction shall, in addition to the information required by Subsection 5-1.2 of this chapter, show that the applicant has not been convicted of violating the laws of the State of New Jersey or the provisions of this section or any other ordinance of the Township relating to auctions and auctioneers or for fraud and deceit in the conduct of auctions.
c.
Every rug auctioneer shall, before any license is issued to him or
her, enter into a bond with sureties sufficient to be approved by
the Township Attorney in the sum of $2,500 and conditioned for the
due observance of all ordinances of the Township during the continuance
of his or her license.
d.
During the pendency of a sale the licensee shall file a daily report
with the Township Clerk containing an itemized list of the articles
sold on the previous day. Failure to comply with this provision may
result in suspension of the sale pending compliance.
e.
Every article offered for sale at a rug auction shall have securely
attached a tag or label upon which shall be plainly written or printed
in English a true and correct statement of the kind and quality of
the article. Tags or labels shall remain securely attached to the
article and shall be delivered to the purchaser as a true and correct
description and representation of the article sold.
f.
At each rug auction there shall be kept and maintained a sales book which must be signed by the purchaser of each article at the time of the purchase and, before any other article shall be exposed for sale, opposite a description of the article sold which shall conform to the description on the tag or label required by Subsection e of this subsection. Failure, to keep and maintain such sales book shall be sufficient cause for immediate revocation of the license. Sales books shall be open and available for inspection during business hours.
g.
No person shall act or employ another to act as a by-bidder or what
is commonly known as a "capper" or "booster" at any auction sale or
to make or accept any false or misleading bid or pretend to buy or
sell any article sold or offered for sale at any auction.
h.
The rug auctioneer shall retain in his or her possession proceeds
of any sale for at least 48 hours. If any purchaser shall within 48
hours make a claim against the licensee upon the ground that the article
or thing sold to him or her at auction was not as represented and
shall offer to return the article or thing purchased, then the licensee
shall either return the proceeds of the sale or deposit them with
the Chief of Police, provided that if the purchaser does not commence
an action within 15 days the proceeds so deposited shall be returned
to the licensee. This subsection shall not be construed to prevent
an action on the bond by the purchaser.
[1972 Code § 6-6.1]
No person shall produce or exhibit any play, concert, vaudeville
or variety show, or similar type of public entertainment, or operate
any theater in which performances of this type are exhibited, or operate
any motion picture theater without having first obtained a license
and paid the required license fee.
[1972 Code § 6-6.2]
In addition to the information required by Subsection 5-1.2, every applicant for a license under this section shall file with the application a plan or sketch of the premises at which the licensed activity will take place clearly showing the following:
a.
The number, location and dimensions of all entrances and exits.
b.
The nature and location of all fire alarms, fire detection and fire
fighting equipment.
c.
The nature and location of all sanitary facilities provided for the
use of patrons.
d.
The seating plan of the premises which shall indicate the number
of seats in each section of the premises, and the total number of
seats which will be available for patrons.
e.
Such other information as may be appropriately required.
[1972 Code § 6-6.3]
In addition to the investigation provided for in Subsection 5-1.3, applications for a license under this section shall be investigated by the Code Enforcement Officer to determine if the facts stated in the sketch accompanying the application are correct.
[1972 Code § 6-6.4; Ord. No. 338-74 § 1; Ord. No. 1284-94 § 1]
If the reports of the Chief of Police and the Code Enforcement
Officer are favorable, the Township Clerk shall issue the license
immediately upon payment of the required license fee. The fee for
a license to operate a motion picture theater shall be $150 per screen
per theater per year. The fee for a play, concert, vaudeville or variety
show shall be $3 for the first day on which the show is conducted
and $1 per day for each additional day. In lieu of the foregoing fee,
the producer of a play or show, or the operator of a theater in which
such plays or shows are performed, may pay an annual license fee of
$150 per year for theaters with a seating capacity of 500 and under,
$250 per year for theaters with a seating capacity of 500 to 1,000
or $400 per year for theaters with a seating capacity of 1,000 or
more.
[1972 Code § 6-6.5]
a.
Every person to whom a license is granted under this section shall
strictly comply with all applicable State laws and regulations.
b.
All theaters shall maintain adequate fire detection, fire alarms
and fire fighting equipment, and shall be constructed with sufficient
exits to permit orderly evacuation in the event of fire and other
emergencies. During all times that the theater is open to the public
the fire exit doors shall be maintained in such a condition that they
can be easily opened from inside the theater.
c.
All stairways, passageways and other facilities used by patrons in
entering or leaving the theater or in going to and from rest rooms,
refreshment stands, lobbies and similar places shall be adequately
lighted and shall have such other facilities as are reasonably necessary
to prevent patrons from being injured through falls or otherwise.
d.
All parts of the theater used by patrons shall be kept in clean and
sanitary condition at all times.
e.
The licensee shall have the duty of taking reasonable precaution
to insure that the theater premises are not used for the commission
of illegal or immoral acts.
[1972 Code § 6-7.1]
As used in this section:
Shall mean any place at which public dances are conducted
by the same person at regular intervals.
Shall mean any dance to which members of the general public
are invited to attend and participate.
[1972 Code § 6-7.2]
No person shall conduct a public dance or dance hall within
the Township without having first obtained either a public dance license
or a dance hall license, whichever is appropriate, in the manner provided
in this section. The fee for a license shall be $50.
[1972 Code § 6-7.3]
a.
This section shall not apply to premises where dancing takes place
as an activity incidental to the service of food and drink to the
patrons of the premises and at which no particular fee is charged
for admission or the privilege of dancing.
b.
Churches, civic groups, charitable, fraternal and similar nonprofit
public service organizations shall not be required to obtain a license
or to pay any license fee, provided they file with the Township Clerk
a statement in writing setting forth:
[1972 Code § 6-7.4]
In addition to the information required by Subsection 5-1.2, every applicant for a license under this section shall supply the following information:
a.
A complete physical description of the premises or dance hall at
which the public dance will be conducted, which may be in the form
of a plan or sketch. The description shall include, but shall not
be limited to, the following information:
1.
The dimensions of the room in which the dancing will take place,
its location in respect to the rest of the premises, and the number
and location of all entrances and exits to the outside of the premises.
2.
A general description of the nature and location of all other rooms
which will be used in connection with the proposed public dance or
dance hall.
3.
A description of the sanitary facilities that will be provided.
4.
A description of the emergency equipment and other precautions which
exist on the premises for dealing with fire or other hazards.
5.
A statement as to whether off-street parking facilities will be provided
for persons attending the public dance or dance hall, and if so, the
nature and extent of those facilities.
b.
The date or, in the case of a dance hall, the days of the week and
the hours during which dancing will be conducted and the number of
persons expected to attend.
c.
The class of license desired. The fee for the desired license shall
be paid upon the filing of the application.
[1972 Code § 6-7.5]
Where a license is sought for a dance hall, the applicant shall
give notice to all persons owning property within 200 feet of the
premises on which the proposed dance hall is to be located. The notice
shall state the location of the proposed dance hall, the days of the
week and the hours during which dances will be conducted, and the
number of persons expected to attend. The notice shall also advise
the persons receiving it that if they desire to object to the granting
of a license to the proposed dance hall, they must so notify the Township
Clerk in writing within 10 days after service of the notice upon them.
Notice may be served either personally or by mailing a copy to the
property owner's last known address. Where service is made by mail,
the notice shall be considered as having been served three days after
it is deposited in the mail.
[1972 Code § 6-7.6]
The Code Enforcement Official, the Health Officer and the Chief
of the Bureau of Fire Prevention shall constitute a committee to inspect
the premises at which the public dance or dance hall will be conducted.
The committee shall determine whether or not the premises complies
with all Township ordinances within their respective areas of responsibility.
In addition, they shall determine if the facilities on the premises
are adequate for the health and safety of the persons expected to
attend the dance or dance hall and the maximum number of persons who
may safely be permitted on the premises during a dance. The committee
shall make its investigation and report the results in writing to
the Township Clerk within a reasonable time after the filing of the
application. The report shall contain a recommendation that the application
be either granted or denied and may recommend that the application
be granted subject to specified conditions required to assure public
health and safety. The report shall also state the maximum number
of persons who may safety attend the dance.
[1972 Code § 6-7.7]
a.
A license for a public dance shall be issued by the Township Council
upon the receipt of a favorable report from the investigating committee.
If the committee recommends that the granting of the application be
subject to conditions, the license shall not be issued until the applicant
agrees in writing to abide by the conditions set by the committee.
If the committee recommends against the granting of the license, the
application shall be denied.
b.
A dance hall license shall be issued by the Township Council if the report of the investigating committee is favorable and if no objections have been filed within the time provided in Subsection 5-7.5. If the committee recommends that the granting of the application be subject to conditions, the license shall not be issued until the applicant has agreed in writing to abide by the conditions. If objections to the granting of the license have been filed, the Township Clerk shall proceed in the manner directed in Subsection 5-7.8. If the report of the investigating committee is unfavorable, the application shall be denied.
[1972 Code § 6-7.8]
In any case where objections are filed to the granting of an
application for a dance hall license, the Township Clerk shall so
advise the Mayor and Township Council, who shall hold a hearing on
the application within a reasonable time. The applicant and any person
filing objections shall be notified of the time and place of the hearing.
At the hearing both the applicant and the objectors shall have the
right to be represented by an attorney, to testify themselves or to
present witnesses in support of their positions, to cross-examine
opposing witness and, at their own expense, to have a stenographic
record made of the proceedings. If, after considering all the evidence,
the Council determines that the applicant has met all of the requirements
of this section and that issuance of the license will not be detrimental
to the public health and safety, they shall order the license to be
issued; otherwise, the application shall be denied.
[1972 Code § 6-7.9]
Applications to renew a license to conduct the dance hall shall be granted by the Mayor and Township Council without the necessity of giving notice as required by Subsection 5-7.5, provided the licensee files with the Clerk a sworn statement in writing reciting that there have been no changes in the conditions stated in the original application.
[1972 Code § 6-7.10]
Each license shall state the name and address of the licensee,
the address of the premises for which it is issued, the day or days
of the week and the hours during which dancing may be conducted, and
the maximum number of persons that are permitted to attend the dance.
A license to conduct a dance hall shall also state its expiration
date. All licenses shall be prominently displayed at the premises
at which the dancing is conducted.
[1972 Code § 6-7.11]
Every person licensed under this section shall observe the following
regulations:
a.
The licensee shall have the duty to exercise due diligence to prevent
unlawful or immoral acts as well as noisy or boisterous conduct, or
conduct which threatens to create a breach or annoy the comfort or
repose of any person.
b.
No alcoholic beverages shall be served, sold, possessed or consumed
at any dance except at premises that are licensed to sell and serve
alcoholic beverages, and in such case pursuant to the terms and conditions
of the license.
c.
Where the persons attending the dance are predominantly minors, the
licensee shall have the responsibility of providing adequate adult
supervision.
d.
All dancing shall cease at 11:00 p.m., except that on Friday nights
dancing may continue until 1:00 a.m. Saturday morning and on Saturday
nights dancing may continue until 1:00 a.m. Sunday morning.
e.
Any Police Officer of the Township shall have the right to inspect
any premises on which a public dance is being conducted. In addition,
any premises licensed as a dance hall shall be subject to reinspection
by the Health Officer, the Code Enforcement Officer or the Chief of
the Bureau of Fire Prevention to ascertain whether the premises still
complies with applicable Municipal ordinances.
[1972 Code § 6-7.12]
At any public dance other than one at which the number of persons
expected to attend is less than 100, Special Police Officers shall
be stationed on the premises during the dance. The number of such
officers shall be at least two and at least one additional for every
200 persons expected to attend the dance. The expense of stationing
the officers on the premises shall be borne by the licensee.
[1972 Code § 6-7.13]
The Mayor and Township Council may, by resolution, waive the
application of any provision of this section to a particular licensee,
upon a showing that the literal application of the provision in question
to a particular licensee will cause unnecessary hardship and that
in the particular case, the provision in question is not necessary
to protect the public health and safety.
[1972 Code § 6-12.1; Ord. No. 539-79 § 1; Ord. No. 2482-16 § 2]
It shall be unlawful for any person or any body to conduct a retail food establishment as defined and governed by Chapter 24 of the State Sanitary Code of New Jersey without having first obtained a license from the Department of Health and Welfare or without complying with all of the provisions concerning operation and maintenance of the establishment as contained in the Code.
[1972 Code § 6-12.2; Ord. No. 539-79 § 2]
Application for a retail food establishment license shall be made to the Director of the Department of Health and Welfare upon forms provided by the Director. The application shall include, in addition to the information required in Subsection 5-1.2, the following:
[1972 Code § 6-12.3; Ord. No. 730-84 § 3; Ord. No. 1295-94 § 1; Ord. No. 2482-16 § 3]
The yearly license fees for retail food establishments shall
be as follows:
a.
Bakery, Specialty: $75. Bakery, Full Service: $100.
b.
Candy Counters: $25 each counter.
c.
Catering, Off Premises Only: $125.
d.
Delicatessen, Grocery, No Seating: $50. Delicatessen, with Seating
or Catering: $75.
e.
Frozen Dessert, No Seating: $50. Frozen Dessert, Seating: $75.
f.
Health Care Facility, with Bed Capacity up to 40: $125. Health Care
Facility, with Bed Capacity over 40: $300. Health Care Facility Nonprofit:
$250.
g.
Itinerant Restaurant, Carnival or Fair with Food: $50 for the first
day and additional $25 for up to five additional days.
h.
Meat or Fish Market: $75.
i.
Mobile Retail Food Establishment - Itinerant Restaurant Only: $50
for first day and additional $25 for up five additional days.
j.
Mobile Truck, Packaged Goods Only: $125.
k.
Packaged Goods Store: $50.
l.
Plant and Commercial Cafeterias: $125.
m.
Restaurant, Luncheonette, Hotel, Country Club or Banquet House with
a Seating Capacity of zero to 25 persons: $75.
n.
Restaurant, Luncheonette, Hotel, Country Club or Banquet House with
a Seating Capacity of 26 to 50 Persons: $100.
o.
Restaurant, Luncheonette, Hotel, Country Club or Banquet House with
a Seating Capacity of 51 to 100 persons: $175.
p.
Restaurant, Luncheonette, Hotel, Country Club or Banquet House with
a Seating Capacity of 101 to 200 Persons: $275.
q.
Restaurant, Luncheonette, Hotel, Country Club or Banquet House with
a Seating Capacity of Over 200 Persons: $400.
r.
Schools and Nursery Schools with Food: Profit: $75. Nonprofit: $50.
s.
Snack Bar: $50.
t.
Supermarket with up to 20,000 square feet: $150.
Supermarket with over 20,000 square feet: $250.
u.
Tavern or Liquor Store without Food Service: $50.
[Ord. No. 1295-94 § 2]
All license fees must be paid at the time of application for
the license.
[1972 Code § 6-12.4; Ord. No. 1295-94 § 3]
All licenses issued hereunder shall expire on December 31 of
each year and are subject to annual renewal as of January 1.
[Ord. No. 1295-94 § 4]
Those applicants for a retail food establishment license who
have not renewed their license by the first day of February of each
year shall pay a late fee of 1/12 of the annual license fee for all
or part of each month that the license remains non-renewed. This late
fee shall be in addition to the annual license fee.
[Ord. No. 1295-94 § 5]
Any person who wishes to construct a proposed new retail food
establishment within the Township or any person who already owns or
operates an existing retail food establishment within the Township
and who wishes to make major alterations to the establishment shall,
prior to obtaining any permits to commence construction or make alterations,
submit to the Health Department for review a food establishment plan
as required by the State Sanitary Code of New Jersey. There shall
be a $100 plan review fee payable to the Township and no construction
may commence or alterations made until a retail food establishment
permit is issued by the Health Department. This review fee shall be
in addition to any other fees required by the Township or the State
of New Jersey.
A major alteration shall be any alteration, remodeling or restructuring
whose costs exceeds $2,500.
[Ord. No. 2548-18]
Exception. The license fee may be waived for Mobile Retail Food
Establishments operating on an itinerant basis at an event sponsored
by the Township of West Orange, provided that a license and inspection
are still required prior to the event.
[1972 Code § 6-9.1]
It shall be unlawful for any person, whether as principal or
agent, clerk or employee, either for himself/herself or any other
person, or for any body corporate, or as an officer of any corporation,
or otherwise to:
a.
Engage in the operation of one or more machines or devices offered
for public use which, upon insertion of a coin, coins or token, or
by other means dispenses unit servings of food or beverages, either
in bulk or package, without the necessity of replenishing the devices
between each vending operation, without first having applied to and
procured a permit from the Department of Health and Welfare of the
Township, or without complying with any and all of the provisions
of the Food and Vending Machine Code of New Jersey (1961) as adopted
or amended by the Township.
b.
Maintain or permit to be maintained on or in any location in the
Township, one or more machines or devices offered for public use which,
upon insertion of a coin, coins or token, or by other means dispense
unit servings of food or beverages, either in bulk or package, without
the necessity of replenishing the devices between each vending operation,
without first having applied to or procured a license for each such
machine or device from the Department of Health and Welfare of the
Township, or without complying with any and all of the provisions
of the Food and Beverage Vending Code of New Jersey (1961) as adopted
or amended by the Township.
[1972 Code § 6-9.2; Ord. No. 730-84 § 2; Ord. No. 1294-94 § 1]
The annual fee for a permit or license under this section, which
fee is to be collected by the Department of Health and Welfare, shall
be as follows:
[1972 Code § 6-9.3]
Application for and issuance of permits and licenses shall be
made in conformity with the provisions of the Food and Beverage Vending
Machine Code of New Jersey (1961) as adopted or amended by the Department
of Health and Welfare. Such permits and licenses are not transferable.
[1972 Code § 6-9.4]
Permits and licenses issued under authority of this section
may be suspended, revoked, or reinstated by the Department of Health
and Welfare pursuant to the provisions of the Food and Beverage Vending
Machine Code of New Jersey (1961) as adopted or amended by the Department
of Health and Welfare.
[1972 Code § 6-9.5]
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the State or Federal government.
[Ord. No. 1165-93 § 1]
As used in this section:
Shall mean a designated outdoor area that is located on the
property of an existing retail food establishment or on the public
sidewalk or right-of-way immediately adjacent to the property of an
existing retail food establishment and where food and beverages that
are normally offered to the public inside the retail food establishment
are offered and served to the public in the designated outdoor area.
Means any restaurant, luncheonette, sandwich shop, tavern,
bar, cocktail lounge or any similar place in which food or drink is
prepared for retail sale to the public on the premises.
[Ord. No. 1165-93 § 2]
No person shall establish, maintain, own or operate an outdoor
cafe, which serves food, liquor or other beverages on any public sidewalk,
street or right-of-way or on any private property without first having
obtained a license from the Township.
[Ord. No. 1165-93 § 3]
a.
An application for an outdoor cafe license shall be available on
a form to be issued by the Director of Health and Welfare. Upon receipt
and payment of the appropriate license fee, the Director of Health
and Welfare shall investigate each applicant.
b.
The Director of Health and Welfare shall issue or deny any license
after considering the following criteria:
1.
The applicant must be the owner or registered agent of a currently
licensed food establishment in good standing with the Township Health
Department.
2.
The applicant must meet the requirement of all other ordinances and
zoning regulations pertaining to the operation of outdoor cafes.
3.
The applicant must provide overhead protection such as table umbrellas
or awnings which comply with all Township ordinances.
4.
Non-breakable dishware, glass or containers must be used for service
of food and beverages.
5.
Entrance doors utilized for service to the outdoor cafe must be self-closing.
6.
The operation of an outdoor cafe at a particular site will not interfere
with the neighborhood residents' peaceful enjoyment of their homes.
c.
The judgment of the Director of Health and Welfare shall be final
and non-appealable.
[Ord. No. 1165-93 § 4]
a.
All applicants when submitting an application for an outdoor cafe
license shall pay a nonrefundable application fee of $50.
b.
Any successful applicant for an outdoor cafe which will be located
on a public sidewalk or public easement shall pay an annual license
fee of $50.
c.
Any successful applicant for an outdoor cafe which will be located
on the property of an existing restaurant shall pay an annual license
fee of $2 for each outdoor seat.
[Ord. No. 1165-93 § 5; Ord. No. 2102-06 § II; Ord. No. 2183-08 § II]
[Ord. No. 1165-93 § 6]
No retail food establishment may sell, serve, deliver or allow
consumption of alcoholic beverages in or upon any sidewalk cafe unless
approval to do so and license has been first granted by the Township
Council.
[Ord. No. 1165-93 § 7]
a.
Any person violating any of the provisions of this section shall,
upon conviction, be subject to a fine not to exceed $500. Each day
in which such violation continues shall constitute a separate violation
or offense. Jurisdiction shall lie with the Municipal Court.
b.
In addition, the Director of Health and Welfare may revoke any license
after hearing and due process.
[1972 Code § 6-10.1]
No coin-operated business shall be permitted unless, upon written application, a license for its operation shall be obtained. In addition to the information required by Subsection 5-1.2, the application shall set forth the type of operation and the number of machines proposed to be operated. The application shall be accompanied by an annual fee of $2 for each machine. The license shall be issued by the Township Clerk upon authorization of the Township Council.
[1972 Code § 6-10.2]
In granting, refusing to grant, or revoking a license, the Township
Council shall take into consideration whether the granting or continuance
of the license would be, in its judgment, inimical to the health,
safety or welfare of the public, or injurious to the value of the
property within the vicinity of the proposed coin-operated business.
[1972 Code § 6-10.3]
No person shall operate, conduct or carry on a business which
may be operated in whole or in part by the depositing of a coin or
a token in a slot or other aperture of or connected with a machine
or device and operated within a permanently constructed building unless
the proprietor or other person in charge of the premises where the
installation is located is on duty during the hours of 7:00 p.m. and
7:00 a.m.
[1972 Code § 6-10.4]
[1972 Code § 6-13.1; Ord. No. 1101-91 § 1]
As used in this section:
Shall mean any person who supplies any mechanical amusement
device to another for use in his place of business, whether under
lease or any similar arrangement.
Shall mean any machine whether operated mechanically, electrically
or by other means, or regardless of whether or not it registers scores
or tallies which, upon the insertion of a coin, slug, token, plate,
disc or key, or which has been designed, altered or adjusted so as
not to require insertion of any of the foregoing, may be operated
by the general public as a game or for entertainment or amusement.
Examples of mechanical amusement devices include marble machines,
video games, pinball machines, bagatelle, skill ball, mechanical grab
machines and coin-operated pool or billiard tables. The preceding
list is intended to be illustrative only and the term mechanical amusement
device shall include all games, machine or devices of a similar nature
regardless of what names are given to them.
Shall mean any person in whose place of business any mechanical
amusement device is placed or kept for operation by the public.
[1972 Code § 6-13.2]
This section shall not apply to mechanical amusement devices
which are not operated for profit.
[1972 Code § 6-13.3]
No distributor or operator of a mechanical amusement device
shall place, maintain, operate or use any mechanical amusement device
on or within any public place, store, building or other place of business
within the Township without first having obtained a license therefor
and paid the required license fee.
[1972 Code § 6-13.4]
Applicants for distributor's or operator's licenses shall supply
such information as shall be prescribed by resolution. Applicants
shall in all events be required to supply a description of the machine
or device sought to be licensed.
[1972 Code § 6-13.5; Ord. No. 1280-94 § 1; Ord. No. 1288-94 § 2]
a.
The maximum number of mechanical amusement devices permitted in any
one premises shall be five machines.
b.
Distributors of mechanical amusement devices shall be charged $250
for each machine distributed as an annual license fee, provided, however,
that the total annual license fee charged to a distributor shall not
exceed $2,000 for the machines at any one place.
c.
Operators of mechanical amusement devices shall be charged $50 for
each machine as an annual license fee. An operator who uses machines
owned by him or her in his/her own place of business shall be charged
only an operator's fee for each such machine, provided however, that
he or she submit proof satisfactory to the Township Clerk that he
or she is the actual owner of the machine or machines.
d.
In any licensed premises there shall be 50 square feet of operating
area for each mechanical amusement device. The calculation of the
operating area shall exclude any area of the premises which is used
for other purposes but shall include access and walkways primarily
serving the amusement device, provided however, that the maximum number
of mechanical amusement devices permitted in any one premises shall
be five machines.
[1972 Code § 6-13.6]
A license may be transferred from one machine to another by
giving notice to the Township Clerk to that effect and giving a description
of the new machine. A license may be transferred from one place to
another by giving notice to the Township Clerk to that effect and
supplying the required information as to the new premises.
[1972 Code § 6-13.7; Ord. No. 1200-93 § 1]
[1972 Code § 6-13.8]
a.
Premises on which mechanical amusement devices are located shall
be so arranged as to permit a clear view of the interior from the
exterior at all times.
b.
No operator shall knowingly permit any person convicted of a crime
involving moral turpitude to be associated with him or her in the
ownership or management of the business or to be in his or her employ
or to loiter on the premises.
c.
No operator shall offer or permit to be offered any prizes or awards,
whether in cash or otherwise, as an inducement to use mechanical amusement
devices except for trophies or plaques or items of a similar nature
of nominal value.
d.
No operator shall permit any minor under the age of 16 years unaccompanied
by a parent or guardian to remain on the premises after 10:00 p.m.
e.
No operator shall permit any activity which is illegal or immoral
or which creates an undue amount of noise or a danger of a breach
of the peace to occur on the premises.
[1972 Code § 6-13.9]
Nothing in this section shall be construed to authorize any
gambling device of any kind whatsoever, including any device that
dispenses any kind of payoff or reward, or any device that has been
judicially determined to be a gambling device or declared to be a
gambling device under any law of the State of New Jersey. If the Chief
of Police has reason to believe any mechanical amusement device is
used as a gambling device, he or she shall cause that machine to be
seized and impounded. If after trial it is determined that the machine
was in fact being used as a gambling device, it shall be destroyed
and the license of the operator or distributor shall be revoked. Revocation
of license and seizure of machine are in addition to any other penalty
which may be imposed for a violation of this section.
[1972 Code § 6-13; Ord. No. 340-74 § 1; Ord. No. 342-74 § 1; New; Ord. No. 470-78 § 1; Ord. No. 594-80 § 1; Ord. No. 696-83 §§ 1 - 3; Ord. No. 1289-94 § 1]
a.
Application of Regulation. This subsection shall apply to those machines
located in commercial establishments which play music automatically
upon the insertion of a coin, slug, token, plate, disc or key, and
which are commonly known as jukeboxes.
b.
License Required. No owner of a jukebox shall permit such machine
to be used within the Township without first obtaining a license and
paying the required fee for each machine.
c.
Issuance of License. The Township Clerk shall issue licenses and
collect license fees from owners of jukeboxes upon application being
made on forms supplied by the Township Clerk and upon the payment
of the requisite fee.
d.
Fee. Owners shall pay a license fee of $50 per machine per year at
the time of applying for a license from the Township Clerk.
[1972 Code § 6-15.1; Ord. No. 986-89 § I; Ord. No. 1163-93 § 1]
As used in this section:
Shall mean and include all sales entitled "garage sale,"
"lawn sale," "attic sale," "rummage sale," or "flea market sale,"
or any similar casual sale of tangible personal property which is
advertised by any means whereby the public at large is or can be made
aware of this sale.
Shall mean and include any goods, warehouse merchandise or
other property capable of being the object of a sale regulated hereunder.
Shall mean any single family or multifamily residential dwelling,
individual apartment unit, individual cooperative unit or individual
condominium unit.
[Ord. No. 1163-93 § 2]
It shall be unlawful for any person to conduct a garage sale
in the Township without first filing with the Planning Department
the information hereinafter specified and obtaining from the Planning
Department, a license to do so, to be known as a "Garage Sale License."
The fee for such license shall be fixed at $5.
[Ord. No. 1163-93 § 3]
a.
A license shall be issued to any household only twice within a twelve-month
period and shall specify the days of the sale. No license shall be
issued for more than four consecutive calendar days. A charitable,
religious or civic organization shall be allowed four licenses within
a twelve-month period and may be allowed more than four licenses within
the same period upon the adoption of an approving resolution by the
Township Council.
b.
In the event that inclement weather causes one or more days of a
scheduled sale to be cancelled, the holder of the license shall be
entitled to hold the sale the following week, on the same day of the
week as originally scheduled, upon first presenting the license to
the Planning Department, who shall make the necessary date changes
thereon.
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. 1163-93 § 4]
No Garage Sale License shall be issued unless a written application
is first filed with the Planning Department containing the following
information:
a.
Name of person, firm, group, corporation, association, or organization
conducting the sale.
b.
Name of the owner of the property on which the sale is to be conducted,
and consent of owner if applicant is other than owner.
c.
Location at which the sale is to be conducted.
d.
Number of days of the sale.
e.
Date, nature of any past sale.
f.
Relationship or connection applicant may have had with any other
person conducting a sale and the date or dates of such sale.
g.
Whether or not applicant has been issued any other vendor's license
by any local, State or Federal agency.
h.
A certification by the person signing that the information therein
given is full and true and known to be so.
[Ord. No. 1163-93 § 5]
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
[Ord. No. 1163-93 § 6]
No person shall make, cause to be made or erected signs other
than those signs provided by the Township. The size of these signs
shall be discretionary with the Planning Department but shall be no
larger than 15 inches by 15 inches and must be purchased from the
Township. A maximum of six signs may be purchased by the holder of
a valid Garage Sale License at a cost equal to the price paid by the
Township for the signs.
The signs shall have a space allotted thereon upon which shall
be placed the name and address of the person running the sale. Signs
shall not be posted more than three days prior to the sale and the
signs shall be removed within 24 hours after the completion of the
sale.
[Ord. No. 1163-93 § 7]
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 from or at a place of business wherein the sale would
be permitted by the Zoning Regulations of the Township or under the
protection of the nonconforming use section thereof or any other sale
conducted by a manufacturer, dealer or vendor who would conduct the
sale from properly zoned premises and not otherwise prohibited in
this revision.
[1972 Code § 6-15.3; Ord. No. 986-89 § 3; Ord. No. 1163-93 § 8; Ord. No. 1314-95 § 2]
The person to whom such license is issued and the owner or tenant
of the premises on which the sale or activity is conducted shall be
jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of the sale or activity.
No person shall permit any loud or boisterous conduct on the premises
nor permit vehicles to impede the passage of traffic on any road or
streets in the area of the premises. All persons shall obey the reasonable
orders of any member of the Police or Fire Departments in order to
maintain the public health, safety and welfare.
[1972 Code § 6-15.3; Ord. No. 986-89 § 3; Ord. No. 1163-93 § 8; Ord. No. 1314-95 § 1]
This section shall be enforced by the Planning Department and
the Police Department. It shall be the duty of the Police Department
or Director of Planning or his/her designees to investigate any violations
of this section coming to their attention, whether by complaint or
arising from their personal knowledge, and if a violation is found
to exist, they shall issue a summons and/or prosecute a complaint
before the local Municipal Court pursuant to the provisions of this
section.
[1972 Code § 6-15.3; Ord. No. 986-89 § III; Ord. No. 1163-93 § 9]
Any person conducting any sale or similar activity without being
properly licensed therefor or who shall violate any of the other terms
and regulations of this section shall, upon conviction, be fined not
less than $25 nor more than $100 or be imprisoned for a period not
to exceed 10 days for each violation. Each day that the sale shall
continue without being duly licensed shall be considered a separate
violation.
[1972 Code § 6-8.1]
As used in this section:
Shall mean any assembly of 25 or more persons engaged in
an organized procession of any duration along a public street or sidewalk
following a certain route, whether predetermined or not.
[1972 Code § 6-8.2]
No person shall engage in, form or start any parade in the Township
without obtaining a permit from the Chief of Police.
[1972 Code § 6-8.3]
This section shall not apply to:
[1972 Code § 6-8.4]
A person applying for a parade permit shall make application
to the Chief of Police not less than five days before the date on
which it is proposed to conduct the parade.
[1972 Code § 6-8.5]
The application shall be made on forms provided by the Chief
of Police and shall contain the following information:
a.
The name, address and telephone number of the person seeking to conduct
the parade. If the parade is to be conducted for, by or on behalf
of an organization, the name, address and telephone number of the
headquarters of the organization shall be required.
b.
The name, address and telephone number of the person who shall be
parade chairman, if other than the applicant, and who shall be responsible
for the conduct of the parade.
c.
The date on which the parade is to be conducted.
d.
The starting point, route to be travelled and termination point of
the parade.
e.
The approximate number of persons, animals and vehicles which shall
make up the parade, together with information as to the type of animals
and a description of the vehicles.
f.
The hours when the parade shall start and terminate.
g.
A statement as to whether the parade shall occupy all or only a portion
of the width of the streets proposed to be traversed.
h.
The location by streets of any assembly areas for the parade, and
the time at which units of the parade shall begin to assemble at any
such areas.
i.
Any additional information which the Chief of Police may find reasonably
necessary to make a fair determination whether a permit should be
issued.
If a parade is designed to be held by, on behalf of or for any
person other than the applicant, the applicant shall file with the
Chief of Police a statement in writing from the person proposing to
hold the parade authorizing the applicant to apply for a permit on
his or her behalf.
[1972 Code § 6-8.6]
When good cause is shown, the Chief of Police shall have the
authority to consider an application for a parade permit which is
filed less than five days before the proposed date of the parade.
[1972 Code § 6-8.7]
The Chief of Police shall issue a permit for a parade when he
or she determines, as a result of considering the information in the
application and any other information which he/she may otherwise obtain,
that:
a.
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
b.
The conduct of the parade will not prevent orderly Police, Fire and
ambulance service to the Township and its residents.
c.
The conduct of the parade is not likely to cause injury to persons
or property, to provoke disorderly conduct or to create a disturbance.
d.
The movement of the parade from its point of origin to its point
of destination will be accomplished expeditiously and without reasonable
delay in route.
The Chief of Police shall act upon all applications for parade
permits and notify the applicant in writing of his or her decision
within three days after the application is filed. The Chief of Police,
in denying an application for a parade permit, shall be empowered
to authorize the conduct of the parade on a date, at a time or over
a route different from that set forth in the application. An applicant
desiring to accept such an alternate permit shall, within one day
after the notice of the action of the Chief of Police, file a written
notice of acceptance with the Chief of Police. An alternate permit
shall conform to the requirements and shall have the effect of a parade
permit issued under this section.
[1972 Code § 6-8.8]
Immediately upon the issuance of a parade permit, the Chief
of Police shall send a copy of the permit to:
[1972 Code § 6-8.9]
Any person issued a permit under this section shall comply with
all permit directions and conditions and with all applicable laws
and ordinances. The parade chairman or other person leading the permitted
activity shall carry the parade permit on his or her person during
the conduct of the parade.
[1972 Code § 6-8.10]
a.
Interference. No person shall unreasonably hamper, obstruct, impede
or interfere with any parade or parade assembly or with any person,
vehicle or animal participating in or used in a parade.
b.
Driving Through Parade. No driver of a vehicle shall drive between
the vehicles or persons comprising a parade when those vehicles or
persons are in motion and are conspicuously designated as a parade.
[1972 Code § 5-2.1]
No person shall distribute or cause to be distributed or strewn
about on any street or public place, or placed on any motor vehicle,
any paper, periodical, book, magazine, handbill, circular, card, or
pamphlet; however, this subsection shall not prohibit the distribution
of religious, social, economic, or political literature which is purely
noncommercial in character if such distribution is made in an orderly
manner and does not interfere with the public peace.
[1972 Code § 5-2.2]
No person shall distribute or cause to be distributed to the
occupant of any house or place, or cause to be placed in any areaway,
in front of, or along the side of any house, or upon the doorstep
thereof, or in or on any motor vehicle on a public street or place,
any paper, periodical, book, magazine, handbill, circular, card or
pamphlet without first obtaining a license to do so from the Township
Clerk. Such license shall not be required when the person in actual
occupation of the house or premises, to which any of the printed matter
shall be distributed or placed, has previously ordered the same. No
license shall be required for the distribution of religious, social,
economic or political literature which is purely noncommercial in
character, if such distribution is made in an orderly manner and without
interference with the public peace.
[1972 Code § 5-2.3; Ord. No. 1975-04 § II; Ord. No. 1288-94 § 3]
A license shall be issued by the Township Clerk, pursuant to the general licensing procedures contained in § 5-1 of the General Ordinances of the Township of West Orange, on the payment of a fee of $20 for each day, for each person to whom a license is issued. The Township Clerk shall endorse on each license the amount of the fee and the dates on which the license shall be valid.
[Ord. No. 1975-04 § II]
In addition to the revocation of the license under this section,
any person or entity distributing materials in violation of any of
the terms or provisions of this section, or who shall do any act or
thing prohibited in this section, shall, upon conviction thereof,
be subject to a fine not exceeding $1,250 or by imprisonment for a
term not exceeding 90 days or by a period of community service not
to exceed 90 days, or a combination thereof. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
[1972 Code § 5-22.1]
No person shall waterproof any basement or any part below the
surface of any dwelling, building or structure, or make any repairs
or engage in any activities described as waterproofing, moisture-sealing
or correction of drainage problems, without first obtaining a permit
from the Division of Inspections. The application for permit shall
list the address of the premises on which the work is to be done and
describe the particular area of the premises, the nature of the work
or repairs and the materials to be used.
[1972 Code § 5-22.2]
After completion of the work, the holder of the permit shall
promptly notify the Division of Inspections, which shall inspect the
work. The permit holder shall not accept or require any payment for
the work until it has been inspected and certified by the Division
of Inspections.
[1972 Code § 5-22.3]
This section shall not apply to work or repairs done by the
owner, tenant or occupant of the premises.
[Ord. No. 2236-09 § 1]
As used in this section:
Shall mean any person, partnership, corporation or other
entity, whether permanent or itinerant, who on one or more occasions
(through any means) buys or sells secondhand gold, silver, precious
metals, gems or jewelry, and includes everyone advertising the purchase
or sale of any of the aforementioned items.
Shall mean any business conducted intermittently within the
Township or at varying locations.
Shall mean any person under the age of 18 years.
Shall mean any business conducted on a year-round basis and
housed in a single structure, such as a store or residence.
[Ord. No. 2236-09 § 1]
a.
Each dealer in secondhand jewelry and precious metals conducting
business within the Township shall first obtain a license to do so
and shall apply through the Office of the Township Clerk. The application
shall contain the following information:
1.
The name and permanent address of the applicant.
2.
If the applicant is a corporation, partnership or other business
entity, the names and addresses of each person having more than 10%
interest in the applicant.
3.
The address of the applicant's place of business within the Township
and any other business location of the applicant.
4.
The applicant's photograph (if the applicant is an entity, a photograph(s)
of the owner(s) having more than 10% interest in the applicant). If
this procedure should cause a hardship for the applicant or any of
its owners, upon notice and explanation of same, the Township Clerk
may grant a variance from this procedure.
b.
Upon notice from the Office of the Township Clerk, the Chief of Police
shall cause such investigation to be made of the applicant's business
and moral character as he/she deems necessary for the public good.
Such investigation shall include fingerprinting of the applicant.
If the applicant is a corporation, or other business entity, the majority
shareholder, or controlling owners, shall be fingerprinted, as well
as all others owning at least 10% of the applicant. If this procedure
should cause a hardship for the applicant of any of its owners, upon
notice and explanation of same, the Office of the Township Clerk upon
notice to the Chief of Police may grant a variance from this procedure.
c.
The Chief of Police, after inserting thereon his or her recommendations
and results of any investigations relative to the license applied
for, shall forward the application to the Office of the Township Clerk.
d.
If the finding of the Chief of Police is that the applicant's business
and moral character is unsatisfactory based on one or more of the
following findings or on other evidence:
1.
Conviction of a crime of the first, second, third or fourth degree.
2.
Prior violation of an ordinance regulating dealers in used jewelry
and precious metals;
3.
Evidence of previous fraudulent conduct;
4.
Evidence of bad character; then the Township Clerk shall deny the
application in writing and shall send a copy, plainly marked "Not
Approved," to the Police Department and file the original in his or
her office as Township Clerk.
e.
If the findings of the Chief of Police are that the applicant's business
and moral character are satisfactory, the Township Clerk shall issue
a license to the applicant and in the applicant's name.
[Ord. No. 2236-09 § 1]
[Ord. No. 2236-09 § 1]
Each dealer shall maintain a complete record of each purchase
and sale, including the date, amount paid, description of item sufficient
to clearly identify it, any identifying numbers, and the name, residence
address, age and description of the person(s) from whom the items
were purchased or received, and the name and residence address of
the person(s) to whom the items were sold, and requiring such person(s)
to sign a receipt for each item. These records shall be subject to
the inspection of any authorized Police Officer of the Township. The
dealer shall maintain such records for at least two years after each
transaction.
[Ord. No. 2236-09 § 1]
a.
Each dealer which operates as an itinerant business shall deliver
to the Office of the Township Clerk the description of all items purchased,
received or sold, within two business days of the completion of the
transaction on forms prescribed by and which from time to time may
be modified by, the Chief of Police.
b.
Each dealer which operates as a permanent based business within the
Township shall deliver to the Office of the Township Clerk on the
last day of each month, the description of all items purchased, received
or sold during each month on forms prescribed by and which from time
to time may be modified by, the Chief of Police.
[Ord. No. 2236-09 § 1]
No dealer shall sell, melt or change the form of or dispose
of any articles purchased or received for at least three business
days from the date of the purchase, and all such items shall be made
available for inspection by the Chief of Police or any Police Officer
of the Township upon request, for at least three business days.
[Ord. No. 2236-09 § 1]
Each dealer must require two forms of identification of the
person with whom it is transacting business, one of which should be
a driver's license, if such individual has a driver's license, and
no purchase may be made from any minor or with any individual who
is in an intoxicated state and/or is under the influence of intoxicating
liquor, narcotics, hallucinogenic or habit-producing drugs.
[Ord. No. 2236-09 § 1]
a.
Licenses issued under the provision of this section may be revoked
by the Township Council after hearing on notice for any of the following
causes:
1.
Fraud, misrepresentation or false statement contained in the application
for license.
2.
Fraud, misrepresentation or false statement made in the course of
carrying on the business of purchasing secondhand and precious metals,
gems and jewelry.
3.
Any violation of this section.
4.
Conviction of any crime of the first, second, third or fourth degree,
or a disorderly person's offense of involving moral turpitude.
5.
Conducting the business of soliciting or canvassing in an unlawful
manner or in such a manner as to constitute a breach of peace or to
constitute a menace to the health, safety or general welfare of the
public.
b.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for the hearing.
[Ord. No. 2236-09 § 1]
This section shall not be applicable to any person, partnership,
corporation or entity which receives secondhand gold, silver, precious
metals, gems or jewelry as a gift.
[Ord. No. 2236-09 § 1]
[1972 Code § 6-11.1]
As used in this section:
Shall mean any place within the Township where dry cleaning
is done by the customer through the use of automatic or semi-automatic
machines.
Shall mean any establishment within the Township where washing
or drying of wearing apparel of any materials are done by the customer
directly through the use of automatic or semi-automatic machines.
[1972 Code § 6-11.2]
It shall be unlawful for any person to operate, maintain or
use in any public or quasi-public place, or in any building, store
or other such place, any launderette or self-service dry cleaning
establishment without first having obtained a license. The license
shall be issued by the Director of the Department of Health and Welfare
or by the Director of whatever department of the Township to whose
department the licensing authority of the Township may be committed
by Code or charter. No automatic dry cleaning machine shall be installed
within a building that is solely used as living quarters.
[1972 Code § 6-11.3; Ord. No. 250-73; Ord. No. 1287-94 § 1]
No license shall be issued unless the premises in which the
business is to be conducted complies in all respects to the requirements
of the Fire Department, the Building Code and the Plumbing Code of
the Township nor shall any license be issued unless the provisions
of this section are complied with.
The annual license fee for the full year, or any portion thereof,
shall be $6 for each washing machine, drying apparatus, or dry cleaning
appliances located at each premises.
[1972 Code § 6-11.4]
The entire premises devoted to the conduct of self-service launderettes
shall be kept in a clean and sanitary condition at all times and all
areas where the actual work of washing or laundering is performed
shall be adequately ventilated and provided with sufficient natural
or artificial light. All walls shall be covered with nonabsorbent
paint, cement or other impervious material. The floors of such room
or areas shall have a covering of impervious material.
[1972 Code § 6-11.5]
Every self-service launderette shall post, in a conspicuous
place, a sign which shall read as follows:
"All diapers must be cleaned before use of any machine."
[1972 Code § 6-11.6]
It shall be unlawful for the operator of any launderette to
receive from any person or for any person any materials that come
from a residence or other premises quarantined by reason of the presence
of a communicable disease within the residence or premises. Every
launderette shall have posted in conspicuous places in all rooms open
to the public that it is unlawful to deliver to the launderette any
items from any such residence or other premises which is quarantined.
[1972 Code § 6-11.7]
Before any person shall engaged in, or be given a license to
engage in, and operate a coin-operated dry cleaning establishment,
he or she shall comply with the following requirements:
a.
There shall be submitted to the licensing authority a floor plan
indicating the building outline and the location and description of
each piece of equipment to be contained therein. The plan shall, when
submitted, bear the approval of both the Code Enforcement Officer
and the Health Officer.
b.
The solvents used in the dry cleaning operation shall be stored in
closed containers and shall be transferred from the containers free
from leaks.
c.
Filter residue and other residues containing solvent shall be disposed
of so as not to create a health hazard or nuisance. A covered metal
container shall be used for temporary storage outside the building.
d.
Respiratory protective equipment shall be provided for maintenance
personnel and must be kept in good repair and available for immediate
use.
e.
A utility fire extinguisher of either the carbon dioxide or dry chemical
type must be provided for use against electrical or oil fires.
f.
Only the front or customer side of the dry cleaning machine shall
be exposed in the customer area. The working or maintenance portion
of the equipment should be separated from the front of the machine
by a solid partition. As a means of minimizing any solvent build-up
in the customer area and also to control any minor solvent leakage,
it is required that there be a minimum flow rate from the customer
area through the partition as follows:
|
Number of Machines
|
Minimum Flow Rate per Machine
(emf)
|
|---|---|
|
1-3
|
500
|
|
4-9
|
400
|
|
9-16
|
375
|
|
17
|
360
|
g.
The exhaust ventilation shall be provided on a continuous basis while
the premises are open for business. The fan wiring shall be such that
the dry cleaning equipment cannot be operated unless the fan system
is in operation. Where grille openings are to be installed in the
partition to facilitate air movement, they should be sized on the
basis of 500 cmf per square foot of net frille area and should be
placed as close to the machines as possible. Access doors to the maintenance
area shall be kept locked.
h.
A general ventilation fan shall be installed in the back room or
maintenance area to be used in case of serious solvent leakage. This
fan may be installed in the rear wall and when combined with the system
required in Fahrenheit above, shall enable the exhausting of a minimum
of 1,000 cmf per machine.
i.
The cleaning equipment must be provided with an exhaust system capable
of maintaining a minimum of 100 feet per minute face velocity through
the loading door whenever the door is open. The duct work connection
from this system must be sealed (soldered or taped) and the discharge
stack extended to a minimum height five feet above the roof line.
j.
An interlock system must be provided on the machine to prevent the
loading door from being opened during the normal cycle. This system
shall be either electrical or mechanical and so connected that in
the event of a power failure the loading door shall lock.
k.
A step by step instruction list must be posted in a conspicuous location
near the machine for customer use. A competent, trained operator must
be present as long as the premises are open for business.
l.
A solvent vapor sensing device within the tumbler shall be required
to control the drying cycle and to prevent the removal of solvent-laden
garments. The machine design must be such that no solvent is retained
in the cleaned items upon completion of the dry cleaning cycle. It
is the responsibility of the proprietor to make certain that all clothing
which cannot be properly cleaned and dried will not be placed in the
machines.
m.
The machines should be checked daily and kept in good repair. All
maintenance personnel should be familiar with necessary machine repairs
and instructed as to the solvent hazards.
n.
Solvent control is to be such that under normal operation and use
conditions no solvent odor can be detected in the customer area.
o.
Only nonflammable solvents shall be used.
p.
The proprietor shall provide the Director of the Department of Health
and Welfare with detailed installation, operation and maintenance
manuals from the manufacturer.
If, after inspection by the Township Health Officer, it is found
that one or more of the above-listed requirements are not being complied
with, the Health Officer can, on notice, close the premises until
the requirements are met. Notice to close any establishment shall
be given only after the licensee has had a reasonable opportunity
to correct any violations complained of and has failed to do so.
[1972 Code § 6-11.8]
[1972 Code § 6-11.9]
Children under the age of 14 years shall be prohibited from
using any of the machines or equipment and to that end, the owner,
proprietor or manager shall cause to be posted a sign with three inch
letters setting forth the prohibition.
[1972 Code § 6-11.10]
The customer area shall be equipped with a fire extinguisher
approved for the use against electrical or oil fires by the National
Board of Fire Underwriters.
[1972 Code § 6-11.11]
Each establishment shall post in a conspicuous location, readily
visible from the outside of the premises, the telephone number or
numbers to be called in the event of an emergency.
[1972 Code § 6-11.12]
No person shall use spotting equipment containing flammable
material in a coin-operated or self-service dry cleaning establishment.
[Ord. No. 1365-95 § 6-18.1]
This section applies to any person or persons who shall undertake
any services in the Township for a fee the purpose of which is to
add, alter or remove rooms, dormers or other structures or to improve,
modernize or affect the basic structural integrity of existing rooms,
buildings or structures or demolish the whole or any part of a building
or structure or to erect, install, construct or alter swimming pools,
tennis courts, paddle tennis courts, signs or any other work for which
a permit is required by the Revised General Ordinance of West Orange
or State law or regulations. The Township finds that it is in the
best interests of the health, safety and welfare of the residents
of West Orange that such persons possess a license certifying that
they are competent to perform the services which they hold themselves
out to the public as qualified to perform.
[Ord. No. 1365-95 § 16-18.2]
As used in this section:
Shall mean the erection, demolition, repair, replacement,
remodeling, alteration, conversion, rehabilitation, modernization,
improvement or addition to any land, building or structure.
Shall mean a person or persons organized and engaged in the
construction, demolition, removal, renovation, repair, replacement,
alteration, erection, conversion, rehabilitation, modernization, improvement
or addition to any land, building or structure. New home builders
and any profession or trade licensed by the State of New Jersey are
exempt from this definition.
Shall mean the principal employees of any firm or corporation
including the president, vice president, secretary and treasurer and
all other principal employees which a business entity may appoint.
Shall mean any individual, firm, member of a firm, partnership,
corporation or any officer, director or stockholder of any corporation
or any agent or any employees of any firm, partnership or corporation.
Shall mean any object which must be put together on a specific
piece of land such as driveways, tennis courts, swimming pools, decks,
terraces, patios, fences, porches, garages and other improvements
upon land which is adjacent to a building. It shall also include surfaces
such as streets and highways.
Shall mean a person or persons who have a direct contract
with one general contractor to perform any of the work on a work site.
Any profession or trade licensed by the State of New Jersey is exempt
from this definition.
[Ord. No. 1365-95 § 16-18.3]
No person shall engage in the business of constructing, erecting,
altering, repairing, restoring, moving, adding to or demolishing the
whole or any part of a building or structure for which a permit is
required by the Revised General Ordinances of the Township or State
law or regulations, as a general contractor or as a subcontractor,
until such person shall be licensed in accord with this section; provided,
however, that the owner of a building or structure who personally
performs any of the activities set forth in this section on such building
or structure shall not be required to be licensed in compliance herewith.
[Ord. No. 1365-95 § 16-18.4]
Applications for licensing pursuant to this section shall be
made to the Construction Official under oath on a form furnished by
the Township. The application shall set forth the following information:
a.
The applicant's name, business name and business address.
b.
Whether the person is an individual, a partnership or corporation.
c.
If the applicant is an individual, the applicant's resident address.
d.
If the applicant is a partnership, the names of the partners and
their respective residence addresses.
e.
If the applicant is a corporation or other entity, the names of all
corporate officers and all stockholders who possess more than 10%
of its stock, the name and address of the registered agent and the
address of the principal office of the corporation.
f.
Whether the applicant or any partners or officers thereof have ever
been convicted of a crime, and if so, the name of the person convicted,
the date of conviction, the crime or charge involved and the disposition
thereof.
g.
Whether the applicant or any partner, shareholder or officer has
been named in a complaint to the State or County, the Division of
Consumer Affairs, the Better Business Bureau or any other similar
agency and the disposition of such a complaint.
h.
Whether the applicant or any partner, shareholder or officer has
been named party defendant in a civil suit for any reason related
to his or her work as contractor or subcontractor as defined above
and the disposition of such litigation.
i.
The number of years the applicant has been in business at its present
business address and all prior locations.
j.
The type of work engaged in by the contractor, indicating his or
her specialty or specialities.
[Ord. No. 1365-95 § 16-18.5]
a.
Upon the filing of the application, the applicant shall pay to the
Township a fee of $50. A similar fee shall be paid upon the filing
of an application for relicensing after revocation of a license previously
issued.
b.
The term of any license shall expire on December 31 of the calendar
year in which it is issued and shall be renewed on January 1 of each
year.
c.
An application to renew such license shall be filed with the Construction Official in December of the year preceding that for which renewal is sought on a renewal form provided by the Township. There shall be an annual renewal fee of $35 and the criteria for renewal shall be the same as set forth in Subsection 5-21.4 hereof for the issuance of such license. Failure to renew any license on or before January 31 of the calendar year for which it is sought shall cause the license to lapse and any subsequent application shall be deemed to be an original application filed in accordance with the provisions hereof and shall require the payment of the appropriate fee.
[Ord. No. 1365-95 § 16-18.6]
For the purpose of this section, there shall be the following
categories of licenses:
a.
General Contractor or Builder. A contractor who is proficient in
the construction of a building or structure from start to finish and
the alteration, addition to or repair of any building or structure.
This class of contractor shall be equipped to handle such work either
by and through his or her organization or appropriate subcontractors
and, in the latter event, shall be completely responsible for his
or her subcontractors' work.
b.
Roofing and Siding Contractor. A contractor who is engaged in the
business of, or who is proficient in, the applying of roofing and
siding materials to existing or new buildings or structures.
c.
Demolition Contractor. A contractor who is engaged in the business
of, or who is proficient in, the demolishing of any building or structure,
in whole or in part.
d.
Moving Contractor. A contractor who is engaged in the business of,
or who is proficient in, the moving of any building or structure.
e.
Swimming Pool Contractor. A contractor who is engaged in the business
of, or who is proficient in, the installation of swimming pools, their
equipment appurtenances.
f.
Sign or Billboard Contractor. A contractor who is engaged in the
business of, or who is proficient in, the erection, alteration or
maintenance of signs or billboards.
g.
Miscellaneous Contractor. A contractor who is proficient in work
of a special character as determined by the Construction Official.
[Ord. No. 1365-95 § 16-18.7]
a.
If any person licensed under the provisions of this section shall be convicted of violating any criminal or disorderly person's statute of the State or any municipal or State regulation or law governing the execution of any work for which a license is required by this section or commit any of the prohibited acts set forth in Subsection 5-21.8, the Construction Official may hold a public hearing to revoke or suspend the license of such person.
b.
At least 10 days' notice in writing of the time, place and purpose
of any public hearing shall be given to the licensee by the Construction
Official. The licensee may be represented by an attorney but no stenographic
record shall be made of the hearing.
[Ord. No. 1365-95 § 16-18.8]
In addition to any other penalty provided by law the following
acts shall be grounds to deny, revoke or not renew any license:
a.
Abandonment or willful failure to perform, without justification,
any home improvement contract or project engaged in or undertaken
by a contractor; or willful deviation from or disregard of plans or
specifications in any material respect without the consent of the
owner.
b.
Making any substantial misrepresentation in the solicitation or procurement
of a contract for construction or making any false promise of a character
likely to influence, persuade or induce.
c.
Any fraud in the execution of, or in the material alteration of any
contract, mortgage, promissory note or other document incident to
a construction contract.
d.
Directly or indirectly publishing any advertisement relating to construction
which contains an assertion, representation or statement of fact which
is false, deceptive or misleading, provided that any advertisement
which complies with the then-existing rules, regulations or guides
of any Federal or State body having jurisdiction shall not be deemed
false, deceptive or misleading; or by any means advertising or purporting
to offer the general public any construction work with the intent
not to accept contracts for the particular work or at the price which
is advertised to the public.
e.
Willful or deliberate disregard and violation of the building, sanitary,
fire and health ordinances of this Township.
f.
Conducting a construction business in any name other than the one
in which the contractor is licensed.
g.
Such other act or acts as the Construction Official may deem detrimental
to the purposes of this section or the public good.
[Ord. No. 1365-95 § 16-18.9]
Any person whose license has been revoked under the provisions
of this section may be relicensed if the grounds upon which such license
was revoked are removed or corrected and upon payment of the appropriate
relicensing fee.
[Ord. No. 1370-95 § 5-33.1]
The Township believes that the unregulated installation of outdoor
telephones on public sidewalks and other rights-of-way has resulted
in unsightly conditions in public areas and their potential use in
criminal enterprises. Consequently the procedures set forth herein
are designed to control the installation of such telephones and prevent
their use in illegal activities.
[Ord. No. 1370-95 § 5-33.2]
As used in this section:
Shall mean any individual, firm, partnership, corporation,
joint venture or other business entity or any agent, servant or employee
of officer thereof.
[Ord. No. 1370-95 § 5-33.3]
No person may place or maintain, relocate or remove any outdoor telephone on or above any public street or sidewalk without having first obtained a permit as provided in this section. Permits shall be issued subject to the approval of the location and means of installation of the telephone by the Township Engineer. Before installation, a plan or sketch of the telephone shall be furnished in sufficient detail to describe the size, location, equipment and means of installation and cabling and to specifically ensure compliance with Subsection 5-22.10 hereof.
No permit may be issued unless a written application therefor
is first filed with the Township Engineer on forms provided by the
Township.
[Ord. No. 1370-95 § 5-33.4]
a.
Upon the filing of the application, the applicant shall pay to the
Township a fee of $250 for each telephone.
b.
The term of any license shall expire on December 31 of each calendar
year in which it is issued and shall be renewed on January 1 of each
year.
c.
An application to renew such license shall be filed with the Township
Engineer in December of the year preceding that for which renewal
is sought on a renewal form provided by the Township. There shall
be an annual renewal fee of $150 and the criteria for renewal shall
be the same as set forth herein for the issuance of such license.
Failure to renew any license on or before January 31 of the calendar
year for which it is sought shall cause the license to lapse and any
subsequent application shall be deemed to be an original application
filed in accordance with the provisions hereof and shall require the
payment of the appropriate fee.
d.
All applications shall be forwarded to the Chief of Police for comment
and recommendations.
[Ord. No. 1370-95 § 5-33.5]
The Township shall be informed of the intent of any person to
remove or relocate a telephone.
[Ord. No. 1370-95 § 5-33.5]
The Township Engineer may reject any application for the issuance
of an initial permit, the renewal thereof or require the removal of
an existing public telephone if the Chief of Police recommends that
it has the potential to create or contribute to illegal or illicit
activities.
[Ord. No. 1370-95 § 5-33.6]
The fees set forth herein shall not apply to any telephone installations
subject to an agreement with the Township providing for the payment
of an annual commission to the Township.
[Ord. No. 1370-95 § 5-33.7]
a.
Any telephone installation subject to this section shall comply with
the following standards:
1.
No both surrounding a telephone shall exceed eight feet in height,
four feet in width or four feet in thickness.
2.
Each telephone shall be equipped with a coin-return mechanism to
permit a person using the machine to secure an immediate refund if
a call cannot be placed. The coin mechanism shall be maintained in
good working order.
3.
Each telephone shall have affixed to it, in a place visible to everyone
using the telephone, the name and address of the distributor and the
telephone number of a working telephone service to report a malfunction,
secure a refund or give the notices provided for in this section.
4.
Telephones shall be maintained in a neat and clean condition and
in good repair at all times. Without limiting the generality of the
foregoing, a telephone shall be serviced and maintained so that:
(a)
It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof.
(b)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
(c)
Any clear plastic or glass parts are unbroken and reasonably
free of cracks, dents, graffiti, blemishes and discolorations.
(d)
Any paper or cardboard parts or inserts are reasonably free
of tears, peeling or fading.
(e)
The structural parts thereof are not broken or unduly misshapen.
(f)
The telephone receiver is attached to the telephone.
b.
Any person who fails to maintain a telephone in working condition
may be given a ten-day written notice by the Township Engineer to
repair the telephone. Failure to comply with the notice shall be grounds
to revoke any permit.
c.
Each telephone shall, upon the written request of the Chief of Police,
be capable of being restricted to outgoing calls only within 10 days
of the request.
[Ord. No. 1370-95 § 5-33.8]
[Ord. No. 1370-95 § 5-33.9]
a.
No telephone shall be installed in a residential zone unless adjacent
to or within a school or playground however, there shall be a limit
of one at such locations.
b.
No telephone 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;
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicles;
3.
Unreasonably interferes with the ingress or egress from any residence
or place of business; or
4.
Interferes with the use of traffic signs or signals, hydrants or
mailboxes permitted at or near location.
c.
Telephones shall be placed or otherwise secured so as to prevent
their being blown down or around the public street or sidewalks but
shall not be chained or otherwise secured to any traffic or street
signs, signals, hydrants or mailboxes.
[Ord. No. 1370-95 § 5-33.10]
a.
No telephone shall be installed on or over any public street or sidewalk within 500 feet of any other telephone on or over a public street or sidewalk in any Residential Zoning District as these districts are defined in Chapter 25 of the Revised General Ordinances of the Township of West Orange. A residential district shall include what is commonly known as Residential Cluster and Planned Unit Residential District.
[Ord. No. 1370-95 § 5-33.11]
a.
If any public telephone does not comply with any of the provisions
of this section then the permit therefor may be revoked after a hearing
held by the Township Engineer.
b.
At least 10 days' notice in writing of the time, place and purpose
of any public hearing shall be given to the person holding the permit.
The holder of the permit may be represented by an attorney but no
stenographic record shall be made of the hearing.
[Ord. No. 1370-95 § 5-33.13;
New]
[Ord. No. 1443-97 § 1; Ord. No. 2062-06 § II]
The Amusement Games Licensing Law (N.J.S.A. 5:8-100 et seq.)
provides that the owners and operators of any amusement games, as
that term is defined by New Jersey law, must be licensed by the municipality
within which such games are to be operated and conducted. The licensing
requirement also applies to any organization wishing to hold an Agricultural
Fair and Exhibition within any municipality. N.J.S.A. 5:8-121.
[Ord. No. 1443-97 § 2; Ord. No. 2062-06 § II]
As used herein:
Shall mean an event conducted by an association organized
and approved by the New Jersey Department of Agriculture for the participation
in any or all State sponsored programs relative to the promotion of
agriculture and the advancement of agricultural interests in New Jersey.
Shall mean any game or games played for amusement or entertainment, in which the person or player actively participates and the outcome of which is not in the control of the operator, and which is so conducted that the sale of a right to participate, the event which determines whether a player wins or loses and the award of the prize, will occur as a continuous sequence at the time when and place where the player or players are all present. Amusement games shall not include any coin operated or automatic amusement games, which are regulated separately under Subsection 5-1.14 of this chapter.
Shall mean the New Jersey Legalized Games of Chance Control
Commission.
Shall mean the holder of a license pursuant to this section.
Shall mean an individual, sole proprietorship, partnership,
corporation, joint venture, unincorporated association and the like.
Shall mean amusement game(s) sponsored by the Senior Citizens
Coordinator.
Shall mean the Township of West Orange.
[Ord. No. 1443-97 § 3; Ord. No. 2062-06 § II]
It shall be unlawful for any person to own and operate any amusement
game at an Agricultural Fair and Exposition, or at a recognized amusement
park or at a place customarily constituting an amusement or entertainment
area according to the customary understanding of said terms within
the Township, without having first obtained a license to do so from
the Township.
[Ord. No. 1443-97 § 4; Ord. No. 2062-06 § II; Ord. No. 2255-10 § II; Ord. No. 2257-10 § II]
a.
All licenses shall be issued for the term set forth therein but each
license shall expire one year after the date of issuance.
b.
There shall be a nonrefundable license fee of $5 for each license
issued for amusement games to be played at an Agricultural Fair and
Exposition, but if the term of any Agricultural Fair and Exposition
exceeds 30 days the nonrefundable license fee shall be $50.
c.
All license fee for all other amusement games not played at an Agricultural
Fair and Exposition shall be as follows:
1.
Off-premises raffles with prize(s) on printed tickets to be sold
before event: $20 per $1,000 in prizes
2.
Casino Night: $100 for each day of operation
3.
Calendar Raffle: $20 per $1,000 in prizes
4.
Non-Draw Raffle: $20 per game
5.
Hole-In-One Golf: $20 per $1,000 in prizes (ancillary prizes only)
6.
Pull-Tabs Instant Raffle Ticket: $20 per day or $500 per year.
7.
Bingo Raffle: $20 per day
8.
Bingo: $20 plus $20 per day or $500 per year
9.
All other amusement games not played at an Agricultural Fair or Exposition:
$20.
d.
Senior Citizen Special Bingo Permits shall be exempt from any fee
imposed by the Township.
e.
Bingo and Raffle Permits issued to the West Orange Board of Education
shall be exempt from any fee imposed by the Township.
[Ord. No. 1443-97 § 5; Ord. No. 2062-06 § II]
a.
All applications for licenses shall be submitted to the Township
Clerk on forms supplied by the Commission.
b.
Applicants for the licenses shall be investigated by the Township
Police Department and they or their principals or shareholders may
be subject to fingerprinting.
c.
No license shall be issued to any applicant if any of the principals
or shareholders associated therewith are not of good moral character
or have been convicted of a crime unless such disqualification resulting
from such conviction has been removed by the Commission.
d.
No license shall be issued for any premises licensed under any alcoholic
beverage license.
e.
No license shall issue without approval by resolution of the Township
Council.
f.
Each license shall be conspicuously displayed at the place or places
where the same is to be conducted and at all times during the conduct
thereof.
g.
Each licensee issued a license pursuant to this section shall, within
90 days from the issuance thereof and prior to the conduct or operation
of amusement games thereunder, procure a State license authorizing
the licensee holding the municipal license to operate and conduct
certain games according to the municipal license terms.
[Ord. No. 1443-97 § 6; Ord. No. 2062-06 § II]
a.
No amusement games may be operated prior to 10:00 a.m. or after 12:00
midnight on any day.
b.
A licensee conducting games at an Agricultural Fair and Exhibition
may only conduct the amusement games at such place or places where
any such approved association holds an Agricultural Fair and Exhibition.
c.
All amusement games shall be held, operated and conducted in accordance
with the provisions of the Amusement Games Licensing Law, N.J.S.A.
5:8-100 et seq., and in accordance with the rules and regulations
set forth by the Commission regarding the holding, operation and conduct
of amusement games.
[Ord. No. 1443-97 § 7; Ord. No. 2062-06 § II]
Any association organized and approved to conduct an Agricultural
Fair and Exposition must obtain comprehensive liability insurance
coverage satisfactory to the Township which names the Township as
an additional insured therein. No amusement games licenses will be
issued without proof of such insurance coverage.
[Ord. No. 1443-97 § 8; Ord. No. 2062-06 § II]
a.
Any licensee who violates the provisions of this section, the Amusement
Games Licensing Law or the rules and regulations of the Commission
shall, after a hearing before the Township Council, be subject to
having said license revoked or suspended.
[Ord. No. 1524-98 § 1]
The uncontrolled placement of news vending machines in public
rights-of-way or on public sidewalks presents an inconvenience and
danger to the safety and welfare of pedestrians, persons entering
and leaving vehicles and buildings and persons performing essential
utility, traffic control and emergency services. They can also be
unsightly and affect the quality of life within any municipality.
It is the purpose of this section to reasonably regulate the placement,
maintenance and operation of news vending machines within the Township
of West Orange.
[Ord. No. 1524-98 § 2]
As used in this section, the following terms shall have the
meanings indicated.
Shall mean an announcement, advertisement or directive typically
in the form of a printed leaflet intended to be sent to many persons
or otherwise distributed widely to the public.
Shall mean any person responsible for placing, locating,
installing or maintaining a news vending machine in a public place
in the Township of West Orange.
Shall mean that surface, whether improved or not, over and
by which ingress and egress are made onto private or public property
by vehicles.
Shall mean any machine, rack, self-service or coin-operated
box, container, storage unit or other dispenser utilized and maintained
for the sale and distribution of circulars, newspapers, news periodicals,
news magazines and any other similar publications.
Shall mean any newspaper, periodical or magazine of general
circulation as defined by general law; any newspaper, periodical or
magazine duly entered with the Post Office Department of the United
States, in accordance with Federal statute or regulation; and any
newspaper, periodical or magazine filed and recorded with any recording
officer as required by general law.
Shall mean an individual, partnership, corporation, firm,
joint venture, sole proprietorship, limited liability corporation
and the like.
Shall mean that portion of any street improved, designed
or ordinarily utilized for vehicular traffic.
Shall mean any surface provided for the exclusive use of
pedestrians, including the area between the curb of any street and
the property line adjacent thereto, or, if there is no curb, the area
between the edge of the street and the property line adjacent thereto,
and shall include the public right-of-way along such street or sidewalk.
Shall mean all that area dedicated to public use for public
street purposes, and includes but is not limited to roadways, parkways,
alleys and sidewalks.
Shall mean Township of West Orange.
[Ord. No. 1524-98 § 3]
a.
No person, shall place, maintain or operate any news vending machine
within the Township, except in conformity with the requirements of
this section.
b.
Any person, seeking to place, maintain or operate any news vending
machine must first apply for and obtain a permit from the Chief of
Police which permit shall specify the exact location of such machines.
One permit may be issued to include any number of machines.
[Ord. No. 1524-98 § 4]
a.
Application for a permit required by this section shall be made in
writing to the Chief of Police upon such form as may be provided and
shall contain the name and address of the applicant, its registered
agent if applicable, the proposed specific location of all news vending
machines and shall be signed by the applicant. The application must
be accompanied by a sketch or drawing of the proposed news vending
machine showing the dimensions thereof.
b.
There shall be an application fee of $100 payable to the Township.
[Ord. No. 1524-98 § 5]
a.
Permits may be issued for the installation of any news vending machine,
but such machine 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 machine is required. The amount of
the fee may be amended by the Township 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 prorated if the permit
is issued effective subsequent to January 1.
c.
No permit shall be issued or renewed unless the applicant(s) represents,
stipulates, contracts and agrees to jointly and severally defend,
indemnify and hold the Township 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 any news vending machine.
d.
Before a permit is issued the applicant must execute an indemnification
agreement substantially as follows: "The applicant and any other persons,
organizations, firms or corporations on whose behalf the application
is made represents, stipulates, contracts and agrees that they do
jointly and severally defend, indemnify and hold harmless the Township
of West Orange 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 any news vending machine.
e.
Before the office of the Chief of Police may issue a permit to any
person, that person shall file with the office of the Chief an insurance
policy of a company duly licensed to transact business under the insurance
laws of this State in the sum of $500,000 for one person, and for
more than one person, $2,000,000, 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 news vending machine permitted; and no permit
shall continue effective unless such insurance, in the full and collectible
amount of $500,000 for one person and $2,000,000 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 permit. Such insurance
policy shall provide for the payment of any final judgment recovered
by any person on account of the ownership, maintenance and control
of such news vending machine or any fault in respect thereto and shall
be for the benefit of any person suffering loss, damage or injury
as aforesaid. The Township shall be a named additional insured in
said policy.
[Ord. No. 1524-98 § 6]
a.
Any news vending machine which, in whole or part, rests upon a public
sidewalk or public right-of-way within the Township shall comply with
the following standards:
1.
No news vending machine shall exceed 60 inches in height, 24 inches
in width or 20 inches in depth.
2.
No news vending machine shall be used for commercial advertising
or commercial publicity purposes other than to display, promote or
advertise the sale of the newspaper, news periodical or magazine sold
therein.
3.
If coin operated, each news vending machine shall be equipped with
a coin-return mechanism to permit a person using the machine to secure
an immediate refund in the event that the news vending machine door
does not open. The coin return mechanism shall at all times be maintained
in good working order.
4.
Each news vending machine shall have affixed thereto a readily visible
notice setting forth the name, address and telephone number of the
distributor of the news vending machine to permit users thereof to
report a malfunction or to secure a refund in the event of a malfunction
of the coin-return mechanism.
5.
Each news vending machine shall be maintained so that:
(a)
It is reasonably free of loose, chipped, peeling or cracked
paint on the exterior surfaces thereof.
(b)
It is reasonably free of rust and corrosion on the exterior
surfaces thereof.
(c)
The clear plastic or glass parts thereof, if any, are not broken
or cracked so as to create danger to users thereof.
(d)
Structural parts are not broken, cracked or otherwise dangerous
to users thereof.
(e)
The immediate area around any machine must be kept free and
clear of litter.
(f)
Any broken or defective machine must be repaired within 24 hours
of the distributor being notified to do so by the Chief of Police.
[Ord. No. 1524-98 § 7]
Any news vending machines which rest in whole or in part upon
any portion of the public sidewalk or public right-of-way or which
project onto, into or over any part of a public right-of-way shall
be located in accordance with the provisions of this section.
a.
No news vending machine shall project onto, into or over any part
of the roadway of any public street or rest, wholly or in part, upon,
along or over any portion of the roadway of any public street.
b.
No news vending machine shall be permitted to rest upon, in or over
any public sidewalk if the location of such news vending machine:
1.
Endangers the safety of persons or property;
2.
Unreasonably interferes with or impedes the flow of pedestrians along
the public sidewalk or public right-of-way;
3.
Unreasonably interferes with or impedes the flow of vehicular traffic
along the public roadway;
4.
Unreasonably interferes with the ingress or egress to and from any
public or private property; or
5.
Unreasonably interferes with traffic signs, traffic signals, fire
hydrants, police or fire call boxes, utility poles, mailboxes or other
equipment located on or near the public roadway, public sidewalks
or the public right-of-way.
c.
News vending machines shall be chained, bolted or otherwise secured
so as to prevent their unauthorized removal or their accidental movement
within the public sidewalk or public right-of-way.
d.
News vending machines may be placed next to each other and grouped, provided that no group of news vending machines shall extend for a distance of more than four feet along a curb and provided that the grouping of such machines shall not violate the provisions of Subsection b of this subsection.
e.
News vending machines shall not be placed, installed, located, used
or maintained:
1.
Within 10 feet of any marked crosswalk.
2.
Within 12 feet of a curb return of an unmarked crosswalk.
3.
Within 10 feet of any fire hydrant, fire call box, police call box
or other emergency facility or equipment.
4.
Within five feet of any driveway.
5.
Within a designated bus stop marked by a yellow curb, except that
news vending machines may be located within the first five feet along
the yellow curb, measured from the near-side point of yellow curb,
and within the last five feet along the yellow curb, measured from
the farside point of yellow curb; provided, however, that such news
vending machines do not unreasonably interfere with the loading and
unloading of passengers.
[Ord. No. 1524-98 § 8]
Any distributor having a news vending machine which is already
located or installed in whole or in part on any public sidewalk or
public right-of-way within the Township on the effective date of this
section shall, within 60 days from the effective date hereof notify
the Chief of Police, in writing, of the location and placement of
such news vending machine. Such notice shall include:
[Ord. No. 1524-98 § 9]
a.
If the Chief of Police determines that a news vending machine does
not comply with the provisions of this section, including the requirement
to register such news vending machine with the Chief, then the Chief
shall mail a written notice to the distributor of such machine, by
regular and certified mail, return receipt requested, stating the
reasons why such news vending machine does not comply with the provisions
of this section. If practical, personal service of such notice may
also be effected.
b.
If a distributor fails to adjust, correct, register or otherwise
cause such news vending machine to comply with the provisions of this
section within seven days from the date written notice of noncompliance
is mailed by the Chief of Police, then such distributor shall be in
violation of this section.
c.
It shall be the obligation of all Township departments to assist
in the enforcement of this section.
[Ord. No. 1524-98 § 10]
a.
Any distributor who fails to comply with the provisions of this section
shall, upon conviction thereof in the Municipal Court, be punishable
by a fine not to exceed $100. Each day for which a distributor fails
to comply with the provisions of this section shall constitute a separate
violation hereunder.
b.
If a distributor is convicted of a violation of this section by the
Municipal Court and if such distributor thereafter refuses to remedy
or correct the violation within 10 days from the date of the conviction,
then the Chief of Police of the Township shall be empowered to remove
the news vending machine which is the basis for such conviction from
the public sidewalk or public right-of-way or other place and return
such news vending machine to the distributor identified on the news
vending machine.
c.
It shall be unlawful for any person to tamper with, deface or vandalize
any news vending machine within the Township. Any person who shall
violate this section shall, upon conviction thereof in the Municipal
Court, be punished by a fine not to exceed $100.
[Ord. No. 1566-98 § I]
The purpose of this section is to insure the health and safety
of all persons involved in massage businesses establishments within
the Township.
[Ord. No. 1566-98 § II]
For the purpose of this section, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Shall mean any and all persons, other than the massage practitioners,
who work at a massage establishment, who receive compensation directly
from the permittee and who have no physical contact with the customers
and clients.
Shall mean any method of pressure on or friction against
or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
of the external soft parts of the body with the hands or with the
aid of any mechanical electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.
Shall mean any establishment having a fixed place of business
where any person, firm, association or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in this section. This includes any establishment engaged
in or carrying on or permitting any combination of massage and bathhouse.
Shall mean any person, including a trainee, who, for any
consideration whatsoever, engages in the practice of massage as herein
defined including but not limited to subcontractors, subtenants or
temporary employees.
Shall mean any person who receives a massage under such circumstances
that it is reasonably expected that he or she will pay money or give
any other consideration therefor.
Shall mean the operator of a massage establishment and out-call
massage service.
[Ord. No. 1566-98 § III;
amended 5-29-2019 by Ord. No. 2571-19]
a.
Business Permit Required. No massage establishment shall engage in
or carry on the business of massage unless it has a valid massage
establishment permit issued by the Township of West Orange pursuant
to the provisions of this section for each and every separate office
or place of business.
[Ord. No. 1566-98 § IV]
Every applicant for a permit to maintain, operate or conduct
a massage establishment including out-call massage services shall
file a complete application with the Township Health Department upon
a form provided by said Township Health Department and pay an annual
filing fee as follows:
a.
For one massage practitioner the fee shall be $250 per year.
b.
For each additional massage practitioner, the fee shall be $100 per
year.
[Amended 5-29-2019 by Ord. No. 2571-19
c.
All fees are nonrefundable.
d.
To the extent an applicant has fully complied with the Home Occupation Ordinance as provided in Subsection 25-9.9 and paid the registration fee, the amount of this permit fee shall be reduced by the same amount.
e.
If at any time after the initial permit is granted additional massage
practitioners begin providing services at the massage establishment,
all of the information required herein must be submitted to the Health
Department within 10 days and the additional fee paid with proof that
the additional massage practitioner is duly licensed by the New Jersey
Board of Massage and Bodywork Therapy pursuant to N.J.S.A. 45:11-73.
[Amended 5-29-2019 by Ord. No. 2571-19[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
f, regarding a fee to obtain a criminal background check.
[Ord. No. 1566-98 § V;
amended 5-29-2019 by Ord. No. 2571-19]
Any massage establishment desiring a massage establishment permit shall file a written application with the Township Health Department on a form to be furnished by the Township Health Department. The applicant shall accompany the application with a tender of the correct fee set forth in Subsection 5-25.4 above and shall in addition, furnish the following:
a.
The type of ownership of the business, i.e., whether individual,
partnership, corporation, limited liability corporation, or otherwise.
b.
The name, style and designation under which the business or practice
is to be conducted.
c.
The business address and all telephone numbers where the business
is to be conducted.
d.
A complete list of the names, residence addresses and emergency telephone
numbers of all massage practitioners and employees in the business
and the name, residence addresses and emergency telephone numbers
of the manager or other person principally in charge of the operation
of the business.
e.
Proof that all massage practitioners at the massage establishment
are duly licensed by the New Jersey Board of Massage and Bodywork
Therapy pursuant to N.J.S.A. 45:11-73.
f.
The following personal information concerning the applicant, if an
individual; concerning each stock-holder holding more than 10% of
the stock of the corporation, each officer and each director or managing
agent, if the applicant is a corporation; concerning the partners,
including limited partners, if the applicant is a partnership; and
the manager or other person principally in charge of the operation
of the business:
1.
The name, complete residence address and residence/emergency telephone
number.
2.
The two previous addresses immediately prior to the present address
of the applicant.
3.
Written proof of age.
4.
Height, weight, color of hair and eyes and sex.
5.
Two front-face portrait photographs taken within 30 days of the date
of the application and two inches by two inches in size.
6.
The massage or similar business history and experience, including
but not limited to whether or not the individual providing the personal
information pursuant to this provision has previously operated in
this or another town or state under a license or permit or has had
such license or permit denied, revoked or suspended and the reason
therefor and the business activities or occupations subsequent to
such action for 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 convicted and circumstances thereof.
8.
A diploma, certificate or other written proof of graduation from
a recognized school by the person who shall be directly responsible
for the operation and management of the massage business.
9.
Such other information, identification and physical examination of
the person deemed necessary by the Township Health Department in order
to discover the truth of the matters hereinbefore required to be set
forth in the application.
10.
Authorization for the Township and its agents and employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant
for the permit.
11.
The names and addresses of three adult residents of the county who
will serve as character references. These references must be persons
other than relatives and business associates.
12.
A written declaration by the individual providing the personal information
pursuant to this provision, under penalty of perjury, that the foregoing
information contained in the application is true and correct, said
declaration being duly dated and signed in the Township.
[Ord. No. 1566-98 § VI]
a.
No massage establishment shall be issued a permit to be operated,
established or maintained in the Township unless an inspection by
the Health Officer, Building Inspector and Fire Inspector reveals
that the establishment complies with each of the following minimum
requirements:
1.
Construction of rooms used for toilets, tubs, steam baths, and showers
shall be made waterproof with approved waterproof materials and shall
be installed in accordance with the New Jersey Uniform Construction
Code.
2.
All massage tables, bathtubs, shower stalls or bath areas and floors
shall have surfaces which may be readily disinfected.
3.
Adequate bathing, dressing and locker facilities shall be provided
for the patrons to be served at any given time. In the event that
male and female patrons are to be served simultaneously, separate
bathing, dressing, locker and massage room facilities shall be provided.
4.
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
5.
Closed cabinets shall be provided and used for the storage of clean
linen, towels and other materials used in connection with administering
massages. All soiled linens, towels and other materials shall be kept
in properly covered containers or cabinets, which containers or cabinets
shall be kept separate from the clean storage areas.
6.
Toilet facilities shall be provided in convenient locations. When
employees and patrons of different sexes are on the premises at the
same time, separate toilet facilities shall be provided for each sex.
A single water closet per sex shall be provided for each 20 or more
employees or patrons of that sex on the premises at any one time.
Urinals may be substituted for half of the water closets for the male
patrons after one water closet has been provided. Toilets shall be
designated as to the sex accommodated therein.
7.
Lavatories or washbasins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule
immediately adjacent thereto. Lavatories or washbasins shall be provided
with soap and a dispenser and with sanitary towels.
8.
The premises shall be equipped with a service sink for custodial
services.
9.
The premises shall meet the Building Code, Fire Code of the Township
and all other applicable laws and regulations.
b.
The Health Officer, the Building Inspector or the Fire Inspector
shall certify that the proposed massage establishment complies with
all the requirements of this section and shall send such certification
to the Director of Health and Welfare.
[Ord. No. 1566-98 § VII]
The Health Department upon receiving an application for a massage
establishment permit, shall refer the application to the Construction
Official, the Fire Department, the Police Department and the Township
Planning Department, which Departments shall inspect the premises
proposed to be operated as a massage establishment and shall make
written recommendation to the Health Department concerning the laws
and codes that they administer.
[Ord. No. 1566-98 § VIII]
The Health Department may issue a permit within 14 days following receipt of a completed application and the certifications set forth in Subsections 5-25.6 and 5-25.7 above if all requirements for a massage establishment described in this section are met unless he finds that:
a.
The correct permit fee has not been tendered to the Township and,
in the case of a check or bank draft, honored with payment upon presentation.
b.
The operation as proposed by the applicant, if permitted, would not
comply with all applicable laws, including but not limited to the
building, zoning and health regulations.
c.
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the permit application or in any document required
by the Township in conjunction therewith.
d.
The applicant has had a massage business, massage practitioners or
other similar permit or license denied, revoked or suspended for any
of the above causes by the Township or any other State or local agency
within five years prior to the date of the application.
e.
The applicant, if an individual; any of the officers and directors
or managing director, if the applicant is a corporation or limited
liability corporation; any of the partners, including limited partners,
if the applicant is a partnership; or the manager or other person
principally in charge of the operation of the business is not over
the age of 18 years.
f.
The applicant, if an individual; any of the stockholders holding
more than 10% of the stock of the corporation or any of the officers
or directors or managing directors, if the applicant is a corporation
or any of the officers or directors, if the applicant is a corporation;
any of the partners, including limited partners, if the applicant
is a partnership; or the manager or other person principally in charge
of the operation of the business has been convicted of a felony, an
offense involving sexual misconduct with children, prostitution, soliciting
for purpose of prostitution, pandering, keeping a place of prostitution,
any crime involving dishonesty, fraud or deceit or other offenses
opposed to decency and morality.
[Ord. No. 1566-98 § IX]
a.
Every portion of the massage 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 practitioners and employees shall
be clean and wear clean, nontransparent outer garments. A separate
dressing room for each sex must be available on the premises, and
each dressing room shall contain a tub or shower in good working order
and individual lockers for each employee and customer. Doors to such
dressing rooms shall open inward and shall be self-closing.
d.
All massage 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 genital area of patrons must be covered by towels, cloths or
undergarments when in the presence of an employee or massage practitioners.
f.
It shall be unlawful for any person knowingly, in a massage establishment,
to place his or her hand upon or to touch with any part of his or
her body to fondle in any manner or to massage a genital area of any
other person.
g.
No massage practitioners, employee or operator shall perform, offer
or agree to perform any act which would require the touching of the
patron's sexual or genital area.
h.
All massage practitioners and employees shall refrain, under all
circumstances, from initiating or engaging in any sexual conduct,
sexual activities, or sexualizing behavior involving a client, even
if the client attempts to sexualize the relationship.
i.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities 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 that the business
is in operation. Bathtubs and showers shall be thoroughly cleaned
after each use. When carpeting is used on the floors, it shall be
kept dry.
j.
Oils, creams, lotions and other preparations used in administering
massages shall be kept in clean, closed containers or cabinets.
k.
Eating in the massage work areas shall not be permitted. Animals,
except for Seeing Eye dogs, shall not be permitted in the massage
work area.
l.
Each massage practitioner shall wash his or her hands in hot running
water, using a proper soap or disinfectant, before administering a
massage to each patron.
m.
Insurance. All massage practitioners and massage establishments shall maintain and post proof of appropriate liability insurance coverage with a reputable company licensed by the State of New Jersey in an amount of not less than $1,000,000 per occurrence and in the aggregate for all claims caused by personal injury. A certificate of insurance in acceptable form shall be provided to the Health Department within 10 days of the issuance of the permit set forth in Subsection 5-25.3 above.
n.
Hours of Operations. The hours of operation for all licensed business
shall be between 7:00 a.m. and 10:00 p.m.
[Ord. No. 1566-98 § X]
a.
All premises used by permittees hereunder shall be periodically inspected
by the Health Department and Building Department or their authorized
representatives for safety of the structure and adequacy of plumbing,
ventilation, heating and illumination. The walls shall be clean and
painted with washable mold resistant paint in all rooms where water
or steam baths are given. Floors shall be free from any accumulation
of dust, dirt or refuse. All equipment used in the massage operation
shall be maintained in a clean and sanitary condition. Towels, linen
and items for the personal use of operators and patients shall be
clean and freshly laundered. Towels, cloths and sheets shall not be
used for more than one patron. Heavy, white paper may be substituted
for sheets, provided that such paper is changed for every patron.
No massage service or practice shall be carried on within any cubicle,
room or booth or any area within a massage establishment which is
fitted with a door capable of being locked.
b.
Nothing contained herein shall be construed to eliminate other requirements
of statute or ordinance concerning the maintenance of premises nor
to preclude authorized inspection thereof.
[Ord. No. 1566-98 § XI]
Any permit issued for a massage establishment or out-call massage
service may be revoked or suspended by the Health Department after
a hearing, for good cause or in any case where any of the provisions
of this section are violated or where any employee or the permittee,
including a massage practitioner is engaged in any condition which
violates any of the State or local laws or ordinances at the permittee's
place of business and the permittee has actual or constructive knowledge
of such violations or the permittee should have actual or constructive
knowledge by due diligence or in any case where the permittee or licensee
refuses to permit any duly authorized police officer or health inspector
of the Township of West Orange to inspect the premises or the operations
therein. Such permit may also be revoked or suspended by the Township
of West Orange, upon the direction of the Director of Health that
such business is being managed, conducted or maintained without regard
for the public health or health of patrons or customers or without
due regard to proper sanitation and hygiene.
[Ord. No. 1566-98 § XII]
The operator of a massage establishment or an out-call massage
service must maintain a register of all persons employed as massage
practitioners and their permit numbers. Such register shall be available
for inspection at all times during regular business hours.
[Ord. No. 1566-98 § XIII]
The permit holder shall be responsible for all actions which
occur on the premises whether by massage practitioners, employees,
subcontractors, or other persons on the premises.
[Ord. No. 1566-98 § XIV; Ord. No. 1600-99 § III]
All massage establishments shall post their massage establishment
permit in the hallway entrance in a conspicuous location at all times.
[Ord. No. 1566-98 § XV;
amended 5-29-2019 by Ord. No. 2571-19]
Every massage establishment which operates a massage business
or practices or provides a massage shall, at all times, keep an appointment
book in which the name of each and every patron shall be entered,
together with the time, date and place of service and the service
provided. Such appointment book shall be available at all times for
inspection by the Health Department's authorized representatives.
[Ord. No. 1566-98 § XVI]
The Health Department, the Police Department and the Fire Department
shall, from time to time, at least twice a year announced or unannounced,
make an inspection of each massage establishment granted a permit
under the provisions of this section for the purpose of determining
whether the provisions of this section are 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.
[Ord. No. 1566-98 § XVII]
No person shall permit any person under the age of 18 years
to receive a massage without advanced written permission of their
parent, caregiver or guardian or a parent, caregiver or guardian must
be present in the room during the time of the massage.
[Ord. No. 1566-98 § XVIII]
No person shall sell, give, dispense, provide or keep or permit
the sale or consumption of alcoholic beverages on the licensed premises.
[Ord. No. 1566-98 § XIX; Ord. No. 1600-99 § II]
a.
It shall be unlawful for any person to massage any other person or
give or administer any of the other things mentioned in this section
which violate the provisions of this section or which violate any
municipal or State law or ordinance. Any violation of this section
shall be deemed grounds for revocation of the permit granted hereunder.
b.
Any massage practitioner engaged in massage at an unlicensed massage
establishment shall be guilty of a violation of this section.
[Ord. No. 1566-98 § XX;
amended 5-29-2019 by Ord. No. 2571-19]
No massage establishment granted a permit pursuant to this section
shall operate under any name or conduct its business under any designation
for any location not specified in its permit.
[Ord. No. 1566-98 § XXI]
Massage establishment permits are not transferable, separate
or divisible, and such authority as a permit confers shall be conferred
only on the permittee named therein for the location specified therein
only.
[Ord. No. 1566-98 § XXII]
The provisions of this chapter shall not apply to massage or
physical therapy treatments given:
a.
In the office of a licensed physician, chiropractor or physical therapist.
b.
In a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists.
c.
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient.
[Ord. No. 1566-98 § XXIII]
The Director of Health may, after a public hearing make and
enforce reasonable rules and regulations not in conflict with, but
to carry out, the intent of this section.
[Ord. No. 1566-98 § XXIV]
All persons who presently operate a massage establishment must
apply for a permit within one week of the effective date of this section.
Applications for renewal of permits must be filed not more than two
months nor less than one month prior to termination of an existing
permit.
[Ord. No. 1566-98 § XXV; Ord. No. 1600-99 § IV; amended 5-29-2019 by Ord. No. 2571-19]
[Added 11-24-2020 by Ord. No. 2616-20]
This section applies to tree care professionals or qualified
tree experts who shall undertake any services in the Township for
a fee the purpose of which is to diagnose the health of any trees
within the Township of West Orange or remove any trees within the
Township of West Orange. The Township finds that it is in the best
interests of the health, safety and welfare of the residents of West
Orange that such tree care professionals or qualified tree experts
possess a license certifying that they are competent to perform the
services which they hold themselves out to the public as qualified
to perform and to register with the Department of Public Works.
[Added 11-24-2020 by Ord. No. 2616-20]
As used in this section, the following terms shall have the
meanings indicated:
Any person or entity submitting an application for a license
pursuant to this section of the Revised General Ordinances of the
Township of West Orange Township.
Any person or entity engaging in the business of diagnosing
the health of trees or the removal of trees.
[Added 11-24-2020 by Ord. No. 2616-20]
No tree care professional or qualified tree expert shall be allowed to operate within the Township of West Orange until such person or entity shall be licensed and registered in accord with this section. For violation of any provision of this subsection, penalties shall be in accordance with Chapter 1, § 1-5.
[Added 11-24-2020 by Ord. No. 2616-20]
Applications for licensing pursuant to this section shall be
made to the Department of Public Works under oath on a form furnished
by the Township. Upon the filing of the application, the applicant
shall pay to the Township a fee of $25. The application shall set
forth the following information:
a.
The applicant's
name, business name and business address.
b.
Whether
the applicant is an individual, a partnership or corporation.
c.
If the
applicant is an individual, the applicant's resident address.
d.
If the
applicant is a partnership, the names of the partners and their respective
residence addresses.
e.
If the
applicant is a corporation or other entity, the names of all corporate
officers and all stockholders who possess more than 10% of its stock,
the name and address of the registered agent and the address of the
principal office of the corporation.
f.
Whether
the applicant or any partners or officers thereof have ever been convicted
of a crime, and if so, the name of the person convicted, the date
of conviction, the crime or charge involved and the disposition thereof.
g.
Whether
the applicant or any partner, shareholder or officer has been named
in a complaint to the State or County, the Division of Consumer Affairs,
the Better Business Bureau or any other similar agency and the disposition
of such a complaint.
h.
Whether
the applicant or any partner, shareholder or officer has been named
party defendant in a civil suit for any reason related to his or her
work as contractor or subcontractor as defined above and the disposition
of such litigation.
i.
The number
of years the applicant has been in business at its present business
address and all prior locations.
j.
Evidence
of state licensure under the Tree Expert and Tree Care Operator Licensing
Act, N.J.S.A. 45:15C-11 et. seq.
