[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; amended 7-11-2023 by Ord. No. 2746-23]
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 as prescribed by Resolution and 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; amended 7-11-2023 by Ord. No. 2749-23]
All transient merchants or itinerant vendors shall, before offering for sale any personal property, pay to the Township Clerk a fee as prescribed by Resolution, 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; amended 7-11-2023 by Ord. No. 2750-23]
Every auctioneer shall obtain a license by filing an application as provided by this chapter. The fee for conducting each auction shall be prescribed by Resolution. 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; amended 7-11-2023 by Ord. No. 2751-23]
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 prescribed by Resolution. The fee for a play, concert, vaudeville or variety show shall also be prescribed by Resolution. 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 per year for theaters with a seating capacity of 500 and under, the amount of which as prescribed by Resolution, a separate fee as prescribed by Resolution for theaters with a seating capacity of 500 to 1,000 or a separate fee per year prescribed by Resolution 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; amended 7-11-2023 by Ord. No. 2752-23]
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 prescribed by Resolution.
[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; amended 5-16-2023 by Ord. No. 2753-23]
The yearly license fees for retail food establishments shall be as prescribed by Resolution and shall vary depending on the type of retail food establishment that seeks a permit.
[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; amended 7-11-2023 by Ord. No. 2754-23]
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 prescribed by Resolution.
[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; amended 7-11-2023 by Ord. No. 2758-23]
a.
All applicants when submitting an application for an outdoor cafe license shall pay a nonrefundable application fee to be prescribed by Resolution.
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 to be prescribed by Resolution.
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 to be prescribed by Resolution for each outdoor seat.
[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; amended 7-11-2023 by Ord. No. 2757-23]
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 prescribed by Resolution. 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; amended 7-11-2023 by Ord. No. 2756-23]
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 a fee prescribed by Resolution for each machine distributed as an annual license fee.
c.
Operators of mechanical amusement devices shall be charged a fee prescribed by resolution 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; amended 5-2-2023 by Ord. No. 2755-23]
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 prescribed by Resolution 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; amended 7-11-2023 by Ord. No. 2759-23]
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 by Resolution.
[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; amended 7-11-2023 by Ord. No. 2769-23]
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 in an amount prescribed by Resolution 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]
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.
[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 § 6-11.9]
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; amended 7-11-2023 by Ord. No. 2761-23]
a.
Upon the filing of the application, the applicant shall pay to the Township a fee as prescribed by Resolution. 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 as prescribed by Resolution 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; amended 7-11-2023 by Ord. No. 2762-23]
a.
Upon the filing of the application, the applicant shall pay to the Township a fee as prescribed by Resolution 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 as prescribed by Resolution 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 § 5-33.9]
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. 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; amended 7-11-2023 by Ord. No. 2764-23]
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 prescribed by Resolution 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; amended 5-29-2019 by Ord. No. 2571-19; Ord. No. 2763-23]
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 prescribed by Resolution:
a.
All fees are nonrefundable.
b.
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.
c.
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.
[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; amended 7-11-2023 by Ord. No. 2741-23]
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 must be available on the premises. 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.
[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.
Shall have the same meaning as set forth in the Chapter 25, § 25-27.3 of the Revised General Ordinances of the Township of West Orange Township.
Shall have the same meaning as set forth in the Chapter 25, § 25-27.3 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; amended 7-11-2023 by Ord. No. 2766-23]
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 prescribed by Resolution. 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.