[Ord. 6/20/90 § I;
amended 3-23-2020 by Ord. No. 09-20]
The following words and phrases when used in this section have
the meanings as set out herein:
Taxi license as understood under the terms of N.J.S.A. 48:16-2.1
et seq., as issued under the terms provided hereunder.
The driving of a taxicab on the streets or public places
of the Town of Guttenberg in search of or soliciting prospective passengers
for hire.
A public hearing at which the licensee or holder shall be
given an opportunity to appear personally and be represented, by his
chosen counsel, and be heard, and to present evidence on his behalf
or otherwise answer the charges against him.
A person to whom a certificate of public convenience has
been issued.
The Public Safety Director or his/her designee.
A person to whom a taxi driver's license has been issued.
Any individual, copartnership, association, corporation or
joint stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
A card issued by the License Inspector for display in each
taxicab.
Any street, avenue, park, parkway, highway or other public
place.
The permission granted by the Public Safety Director to a
person to drive a taxicab upon the streets of the Town.
A public place alongside the curb of a street or elsewhere
in the Town of Guttenberg which place has been authorized for a holder
of taxi driver's licenses to use exclusively for the dispatching of
taxicabs.
Any automobile or motor car, commonly called "taxi," engaged
in the business of carrying passengers for hire which is held out,
announced or advertised to operate or run or which is operated or
run over any of the streets or public highways of this state, and
particularly accepts and discharges such persons as may offer themselves
for transportation from points or places to points or places within
or without the state, which is so constructed as to comfortably seat
not less than four passengers exclusive of the driver, and not operated
on a fixed route, having a seating capacity of fewer than six persons.
To sell, transfer or in any other manner dispose of a taxicab
license. Where the license is in the name of a corporation or other
legal entity, any change in the control of the holder shall constitute
a "transfer" of taxicab license held in the name of said corporation
or other legal entity.
The Public Safety Director shall determine what constitutes
a change in control.
The time when a taxicab is not in motion from the time of
acceptance of a passenger or passengers to the time of discharge,
but does not include any time that the taxicab is not in motion, if
due to any cause other than the request, action or fault of a passenger
or passengers.
[Ord. 6/20/90 § II;
amended 3-23-2020 by Ord. No. 09-20]
a.
In order to ensure the safety of the public, it shall be unlawful
for the holder to operate or cause to permit a taxicab to be operated,
nor shall any certificate or license be issued hereunder, until and
unless the applicant shall have complied with the provisions of N.J.S.A.
48:16-1 to 48:16-12 and the acts amendatory thereof or supplemental
thereto. The owner of the taxicab shall have filed with the Clerk
of the Town of Guttenberg in which such operation is permitted, an
insurance policy which shall be issued by an admitted insurance company
duly licensed to transact business under the insurance laws of this
state or a company registered to do business in the state, the policy
providing for not less than $35,000 of motor vehicle liability insurance
coverage or the amount of motor vehicle liability insurance coverage
required pursuant to Section 1 of P.L. 1972, c. 197 (N.J.S.A. 39:6B-1),
whichever is greater, to satisfy all claims for damages, by reason
of bodily injury to, or the death of, any person or persons, resulting
from, or on account of, an accident, by reason of the ownership, operation,
maintenance, or use of such taxicab upon any public street; and to
satisfy any claim for damages to property of any person or persons,
resulting from, or on account of, an accident, by reason of the ownership,
operation, maintenance, or use of such taxicab upon any public street.
The insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance,
or use of the taxicab or any fault in respect thereto; and shall be
for the benefit of every person suffering loss, damage or injury as
aforesaid; and
1.
Notwithstanding the foregoing, and in addition thereto, every owner,
registered owner or operator of a taxicab registered or principally
garaged in this state shall maintain the minimum level of coverages
that may otherwise be required pursuant to N.J.S.A. 17:1-1 et seq.,
or N.J.S.A. 39:1-1 et seq., and the regulations of the New Jersey
Department of Banking and Insurance.
2.
The owner shall furnish the License Inspector with evidence that
the aforesaid provision has been complied with and that the premium
for the full period of the licensing year has been paid. Each policy
shall contain an endorsement providing for 20 days' written notice
from the insurance company to the Town of Guttenberg in the event
of any change in the policy or cancellation of the policy. Each certificate
of public convenience shall become effective and operation thereunder
shall be permitted only so long as the insurance policy shall remain
in force to the full and collectible amounts as aforesaid.
b.
Each insurance policy shall provide for payment of any final judgment
recovered by any person on account of the ownership, maintenance or
use of the taxi or any fault in respect thereto and shall be for the
benefit of every person suffering loss, damage or injury as aforesaid.
c.
If an owner operates more than one taxi, he may file with the Licensing
Officer a bond or insurance policy of a company duly licensed to transact
business under the insurance laws of this state, in the sum of $50,000,
which shall be a blanket insurance covering all cabs operated by such
owner which shall provide for the payment of any final judgment recovered
by any person on account of the ownership, maintenance and use of
any such taxicab or any fault in respect thereto, and shall be for
the benefit of every person suffering loss, damage or injury as aforesaid.
1.
The filing of such bond or insurance shall not excuse every owner,
registered owner or operator of a taxicab registered or principally
garaged in this state from maintaining the minimum level of coverages
that may otherwise be required pursuant to N.J.S.A. 17:1-1 et seq.,
N.J.S.A. 39:1-1 et seq., and the regulations of the New Jersey Department
of Banking and Insurance.
d.
In addition to the insurance requirements as aforesaid, the owner
of every taxicab shall execute and deliver to the Licensing Officer,
concurrent with the filing of the insurance policy and bond referred
to in this section, a power of attorney wherein the owner shall appoint
the Town Clerk of the Town of Guttenberg as his true and lawful attorney
for the purpose of acknowledging service of process from a court of
competent jurisdiction to be served against the insured by virtue
of the indemnity granted under the insurance policy filed.
[Ord. 6/20/90 § III;
amended 3-23-2020 by Ord. No. 09-20]
a.
No person shall operate or permit a taxicab owned or controlled by
such person to be operated as a vehicle for hire upon the streets
of the Town of Guttenberg, without having first obtained a certificate
of public convenience from the License Inspector.
b.
No certificate of public convenience shall be issued or renewed unless
the holder thereof has paid an annual license fee of $350 for each
taxicab to be operated under that certificate of public convenience.
Said certificate shall be for the year ending on December 31 and shall
be in addition to any other fee or charges established by proper authorities
and applicable to said holder for the vehicle or vehicles under his
operation and control.
c.
Each person issued a certificate of public convenience by the Town
of Guttenberg shall, as a condition to continued maintenance of such
certificate, submit each of his taxicabs for a full mechanical and
vehicle inspection once each three months during the one-year period
of his certificate pursuant to a schedule established by the Town
of Guttenberg. Such inspection shall be conducted by a garage licensed
by the State of New Jersey who shall certify that the vehicle is in
good working order and is not in need of repair as that term is defined
below. In the event that said vehicle is in need of repair, the certificate
holder shall repair the same within 30 days of the inspection and
shall resubmit the vehicle for inspection by a licensed garage, plus
submit a written report or invoice specifying the services performed
and parts furnished to correct the condition noted in the prior inspection
report. The term "in need of repair" shall include but is not limited
to the following:
1.
That the glass (windows and/or windshield) is cracked, chipped or
scratched or that the glass in the mirrors is cracked.
2.
That the horn does not function properly so as to produce a sound
audible for 200 feet.
3.
That the emergency brake does not hold the vehicle when parked on
a grade.
4.
That the foot brake does not hold the vehicle when parked on a grade
and that it does not have sufficient reserve pedal.
5.
That the headlights, taillights, stoplights and directional lights
do not turn on and off when operated by the controls in the vehicle
or are otherwise broken or defective.
6.
That the windshield wipers do not rotate back and forth with sufficient
pressure when turned on and do not stop when turned off by the controls
in the vehicle.
7.
That the tires have damage, ply separation, breaks or cuts and do
not have at least 2/32 inch of tire tread.
8.
That a defroster does not function properly so as to produce a temperature
in excess of 50° F.
[Ord. 6/20/90 § IV;
amended 3-23-2020 by Ord. No. 09-20]
a.
Applications for a license shall be filed with the License Inspector
upon forms provided by the Town of Guttenberg; and said application
shall be verified under oath and shall furnish the following information:
1.
Name and address of applicant; where the applicant is not a natural
person, the name and address of all owners or participants in the
ownership of the legal entity and all officers, directors or others
of like position whatever be their title.
2.
The year, type and model of the vehicle for which the certificate
of public convenience is desired.
3.
The number of persons the vehicle is capable of carrying.
4.
Such further information as the License Inspector of the Town of
Guttenberg may require.
b.
The annual application for renewal of certificate of public convenience
shall be filed not later than 30 days prior to the expiration date.
[Ord. 6/20/90 § V5;
amended 3-23-2020 by Ord. No. 09-20]
a.
The number of certificates of public convenience issued and in use
in the Town of Guttenberg at any one time shall not exceed 35.
b.
Whenever the Mayor and Council determines to authorize the issuance
of one or more new or additional certificates of public convenience,
it shall publish a notice, in a newspaper circulating generally within
the Town, stating the number of new or additional certificates to
be authorized and the application period for the new or additional
certificates. The notice shall specify a time and date after which
no further applications will be accepted. The notice shall be published
at least twice and at least one week apart, with the second notice
published at least 30 days prior to the time and date specified in
the notice as the time and date after which no further applications
will be accepted.
c.
The publication of a notice pursuant to the preceding paragraph shall
not require the issuance of any certificate of public convenience
or certificates of public convenience with respect to which a notice
has been published but in any case in which any such certificate of
public convenience or certificates of public convenience have not
been issued within six months after the closing time and date for
acceptance of applications specified in the notice, no such certificate
of public convenience or certificates of public convenience shall
be issued without again complying with the provisions of the preceding
paragraph.
d.
Each operator or driver of the taxicab for which the owner thereof
is seeking the issuance or renewal of a certificate of public convenience
to operate in the Town of Guttenberg shall submit to the performance
of a criminal history record background check. The cost for the criminal
history record background check, including all costs of administering
and processing the check, shall be borne by the operator or driver
of the taxicab.
e.
A person shall be disqualified from operating a taxicab if a criminal
history record background check required pursuant to this subsection
reveals a record of conviction of any of the following crimes:
1.
In New Jersey or elsewhere any crime as follows: aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault or endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with
or having in his possession any weapon enumerated in Subsection r.
of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A,
2C:39-3, N.J.S.A, 2C:39-4, or N.J.S.A. 2C:39-9, or other than a disorderly
persons or petty disorderly persons offense for the unlawful use,
possession or sale of a controlled dangerous substance as defined
in N.J.S.A. 2C:35-2.
2.
In any other state, territory, commonwealth, or other jurisdiction
of the United States, or any country in the world, as a result of
a conviction in a court of competent jurisdiction, a crime which in
that other jurisdiction or country is comparable to one of the crimes
enumerated in Subsection e1.
If a person who has been convicted of one of the crimes enumerated
in Subsection e1 and 2 can produce a certificate of rehabilitation
issued pursuant to N.J.S.A 2A:168A-8 or, if the criminal offense occurred
outside New Jersey, an equivalent certificate from the jurisdiction
where the criminal offense occurred, the criminal offense shall not
disqualify the applicant from operating a taxicab.
The provisions of this subsection shall not apply to an operator
of a taxicab who has received the consent to operate in the Town of
Guttenberg prior to November 29, 2011.
f.
If the Public Safety Director finds that the applicant is fit, willing
and able to perform such public transportation and in accordance with
the provisions of this section and the rules promulgated by the Public
Safety Director, then the Public Safety Director shall order the issuance
of a license stating the name and address of the applicant, the date
of issuance and the year, type and model of the vehicle; otherwise,
the application shall be denied. In making the above findings, the
Public Safety Director shall take into consideration the character,
experience and responsibility of the applicant.
[Ord. 6/20/90 § VIII;
amended 3-23-2020 by Ord. No. 09-20]
No certificate of public convenience may be sold, assigned or otherwise transferred without the consent of the Public Safety Director. Any license may be transferred to another to be used in the bona fide operation of a taxicab business, with the consent of the Public Safety Director, upon the filing of an application as provided in Subsection 4-1.4 of this section and upon payment of a transfer fee of $15; provided, however, that no transfer may be made in the month of December. No certificate of public convenience shall be assigned, mortgaged, pledged or otherwise transferred to secure a debt, loan, advance or other financing transaction.
[Ord. 6/20/90 § IX;
amended 3-23-2020 by Ord. No. 09-20]
a.
Certificates of public convenience issued under the provisions of
this section may be suspended or, after hearing, revoked by the Public
Safety Director if the holder thereof had:
b.
Prior to revocation, the holder shall be given written notice of
the proposed action to be taken and the charges against such person
and shall be given a hearing. Notwithstanding the use of the words
"suspended or, after hearing, revoked" in this section, the Public
Safety Director may suspend and, after hearing, revoke such certificate
of public convenience.
c.
A certificate of public convenience may also be revoked by the Mayor
and Council of the Town of Guttenberg, after notice and hearing, whenever
it shall appear that the person to whom the consent was granted has
failed to furnish or keep in force the insurance policy or bond and
power of attorney required by this article, or to comply with any
terms or conditions imposed by the board or body granting the consent,
or any law of this state.
[Ord. 6/20/90 § 6;
amended 3-23-2020 by Ord. No. 09-20]
a.
No person shall operate a taxicab for hire upon the streets of the
Town of Guttenberg, and no person who owns or controls a taxicab shall
permit it to be so driven, and no taxicab licensed by the Town of
Guttenberg shall be so driven at any time for hire, unless the driver
of said taxicab shall have first obtained from the Public Safety Director
and shall have then in force the taxi driver's license under the provisions
of this section and provided, further, that said driver shall be a
holder or servant, employee or agent of the holder of the certificate
of public convenience.
b.
Every person applying for a license to drive a taxicab must furnish
satisfactory evidence as follows:
1.
That he or she has received a driver's license under the New Jersey
State Motor Vehicle law.
2.
That he or she has no prior criminal history or has ever been convicted
of driving under the influence of drugs and alcohol. The applicant
shall furnish fingerprints at the applicant's cost; said fingerprints
shall be submitted to the appropriate authorities to verify the applicant's
criminal history. If an application is approved before confirmation
of the applicant's representation of no criminal history and the appropriate
authority determines that there is a criminal history, the License
Inspector can rescind said taxi driver's license.
c.
Each applicant for a taxi driver's license under the terms of this
section must conform to the following regulations:
1.
Be of the age of 21 years or over and be a resident of the State
of New Jersey for one year or more.
2.
Be able to read and write the English language with sufficient proficiency
to provide taxi services to the general public in the opinion of the
Public Safety Director and be eligible to work in the United States.
[Ord. 6/20/90 § VII;
Ord. #18-11; amended 3-23-2020 by Ord. No. 09-20]
a.
An application for a taxi driver's license shall be filed with the
License Inspector on forms provided by the Town of Guttenberg. The
application shall contain the following:
1.
The full name and address of the applicant.
2.
Places of residence for the preceding five years.
3.
Age, height, color of eyes and hair.
4.
Place of birth, whether married or single.
5.
Previous employment, whether he has ever been convicted of a crime
or disorderly persons offense or a violation of this section.
6.
Whether a driver's license, issued by any state or political subdivision
thereof, ever held by such person has been suspended or revoked, and
for what cause.
b.
Each driver seeking the issuance or renewal of a taxi driver's license
to operate in the Town of Guttenberg shall submit to the performance
of a criminal history record background check. The cost for the criminal
history record background check, including all costs of administering
and processing the check, shall be borne by the operator or driver
of the taxicab.
c.
A person shall be disqualified from operating or driving a taxicab
if a criminal history record background check required pursuant to
this subsection reveals a record of conviction of any of the following
crimes: is
1.
In New Jersey or elsewhere any crime as follows: aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault or endangering the welfare
of a child pursuant to N.J.S.2C:24-4, whether or not armed with or
having in his possession any weapon enumerated in Subsection r. of
N.J.S.2C:39-1, a crime pursuant to the provisions of N.J.S.2C:39-3,
N.J.S.2C:39-4, or N.J.S.2C:39-9, or other than a disorderly persons
or petty disorderly persons offense for the unlawful use, possession
or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2.
2.
In any other state, territory, commonwealth, or other jurisdiction
of the United States, or any country in the world, as a result of
a conviction in a court of competent jurisdiction, a crime which in
that other jurisdiction or country is comparable to one of the crimes
enumerated in Subsection c1.
If a person who has been convicted of one of the crimes enumerated
in Subsection c1 and 2 can produce a certificate of rehabilitation
issued pursuant to N.J.S.2A:168A-8 or, if the criminal offense occurred
outside New Jersey, an equivalent certificate from the jurisdiction
where the criminal offense occurred, the criminal offense shall not
disqualify the applicant from operating or driving a taxicab.
The provisions of this subsection shall not apply to an operator
or driver of a taxicab who has received the consent to operate in
the Town of Guttenberg prior to November 29, 2011.
d.
A person shall be disqualified from operating or driving a taxicab
if driver's driving record check reveals more than three moving violations
in the prior three-year period, or one of the following violations
in the prior three-year period:
1.
Driving under the influence pursuant to N.J.S.A. 39:4-50;
2.
Resisting arrest; eluding an officer pursuant to N.J.S.A. 2C:29-2;
3.
Reckless driving pursuant to N.J.S.A. 39:4-96;
4.
Driving with a suspended or revoked license pursuant to N.J.S.A.
39:3-40; or
5.
A violation committed in any other state, territory, commonwealth,
or other jurisdiction of the United States that is comparable to one
of the violations enumerated in Subsection d1, 2, 3 or 4.
e.
A person shall be disqualified from operating or driving a taxicab
if the applicant or driver is a match in the United States Department
of Justice's Dru Sjodin National Sex Offender Public Website.
[Ord. 6/20/90 § X;
amended 3-23-2020 by Ord. No. 09-20]
a.
Upon approval of the application for a driver's license by the Public
Safety Director, the License Inspector shall issue a license to the
applicant which shall bear the name, signature and photograph of the
applicant.
b.
Such license shall be in effect for the remainder of the fiscal year
ending December 31. The fee for such license shall be $15, and the
license for every year thereafter shall be issued upon the payment
of $15.
c.
The license shall also contain the Town license number and a notice
that, in case of any complaint, the Department shall be notified of
the license number of the taxicab driver. The license shall bear the
signature of the License Inspector.
[Ord. 6/20/90 § XI;
Ord. #010/04; Ord. #016/05; Ord. No. 04-2018; amended 3-23-2020 by Ord. No. 09-20]
Every driver licensed under this section shall post his taxi
driver's license, together with a rate card, as hereinafter provided,
in such a place as to be in full view of all passengers while such
driver is operating a taxicab. The display of the license and rate
card shall be on the right side of the dashboard or affixed to the
back of the front seat and shall be properly illuminated so that they
are clearly visible at all times.
[Ord. 6/20/90 § XII;
amended 3-23-2020 by Ord. No. 09-20]
The Public Safety Director is hereby given the authority to
suspend any driver's license issued under this section upon justified
complaint of any person, including a holder, for a driver failing
or refusing to comply with the provisions of this section; provided,
however, that such suspension shall not exceed 20 days. The Public
Safety Director is also given the authority to revoke any taxi driver's
license for failure to comply with the provisions of this section;
provided, however, that a license may not be revoked unless the driver
has received notice and a copy of the charges against such person
and has been given a hearing. Notwithstanding the use of the words
"suspend or, after hearing, revoke" in this section, the Public Safety
Director may suspend and, after hearing, revoke any such license.
[Ord. 6/20/90 § XIII;
amended 3-23-2020 by Ord. No. 09-20]
Every driver licensed under this section shall comply with all
Town, state and federal laws the violation of which reflects unfavorably
on the fitness of such driver to engage in public transportation;
failure to do so will justify the Public Safety Director in suspending
or, after hearing, revoking the license.
If, at any time within the licensed year, a taxicab driver has been found guilty of a crime set forth in Subsection 4-1.9 or is otherwise disqualified by Subsection 4-1.9, or has permitted his cab to be used for any illegal or immoral purpose, the Public Safety Director may immediately suspend or, after hearing, revoke the driver's license.
Nothing in this section shall exempt any person owning or operating
any taxicab from complying with the law relating to the ownership,
registration and operation of automobiles in this state.
[Ord. 6/20/90 § XIV;
amended 3-23-2020 by Ord. No. 09-20]
a.
No license shall be issued until said taxicab has been thoroughly
inspected and found to be in a safe condition for the transportation
of passengers and of good appearance.
b.
Every vehicle operating under this section shall be periodically
inspected, at such intervals as the License Inspector may direct,
to ensure the continued maintenance of safe operating conditions.
c.
Every vehicle operating under this section shall be kept in a clean
and sanitary condition in accordance with the rules and regulations
promulgated by the License Inspector.
d.
Any vehicle on the streets of the Town of Guttenberg in violation
of this section may be removed from the streets by the Police Department.
If the vehicle is not returned to service in accordance with the provisions
of this section within 90 days, the Public Safety Director may suspend
or, after hearing, revoke the certificate of public convenience.
[Ord. 6/20/90 § XV;
Ord. #016/05; Ord. No. 04-2018;
amended 3-23-2020 by Ord. No. 09-20]
a.
The owner of a taxicab shall cause to be displayed on the body of
the vehicle the certificate of public convenience number issued to
that vehicle. The number shall be three inches in height and located
in the center of the rear quarter panels on the driver and passenger
sides and the rear center line of the trunk of the vehicle. Each taxicab
shall display on each rear door of the taxicab the name of the municipality
or municipalities which has issued the taxicab a certificate of public
convenience or other taxi license as that term is understood under
the terms of N.J.S.A. 48:16-2.1 et seq., in letters three inches in
height.
b.
Each taxicab shall bear on the outside of each rear or front door
painted letters, not less than three inches nor more than four inches
in height, in contrasting colors, indicating the name of the owner,
association of which the owner is a member or registered trade name
by which the owner conducts his business; in addition, the taxicab
may bear an identifying design approved by the Public Safety Director.
The assigned number of each taxicab shall appear on each taxicab and
in the rear in numerals not less than two inches in height and in
clear view. No vehicle covered by the terms of this section shall
be licensed whose color scheme, identifying design, monogram or insignia
to be used thereon shall, in the opinion of the License Inspector,
conflict with or imitate any color scheme, identifying design, monogram
or insignia used on a vehicle, or vehicles already operated under
this section, in such a manner as to be misleading or tend to deceive
or defraud the public; and provided, further, that if, after a license
has been issued for a taxicab hereunder, the color scheme, identifying
design, monogram or insignia thereof is changed so as to be, in the
opinion of the Public Safety Director, in conflict with or in imitation
of any color scheme, identifying design, monogram or insignia used
by any other person, owner or operator, in such a manner as to be
misleading or tend to deceive the public, the license covering such
taxicab may be suspended or, after hearing, revoked.
c.
It shall be unlawful and a violation of this section for any person
to operate any vehicle not licensed under this section in such a manner
as to be misleading or tending to deceive or defraud the public into
believing said vehicle is a taxicab or is being operated as a taxicab.
[Ord. 6/20/90 § XVI;
amended 3-23-2020 by Ord. No. 09-20]
No owner or driver of a taxicab shall charge a greater sum for
the use of a taxicab in accordance with the following rates:
|
Distance Traveled
|
Maximum Charge
|
|---|---|
|
6 blocks or less
|
$4.50
|
|
7 blocks to 10 blocks
|
$5
|
|
10 blocks to 14 blocks
|
$5.50
|
|
14 blocks to 22 blocks
|
$6
|
|
22 blocks to 26 blocks
|
$6.50
|
|
26 blocks to 30 blocks
|
$7
|
|
30 blocks to 36 blocks
|
$7.50
|
|
36 blocks to 42 blocks
|
$8
|
|
42 blocks to 48 blocks
|
$8.50
|
|
48 blocks to 54 blocks
|
$9
|
|
54 blocks to 60 blocks
|
$10
|
|
60 blocks to 70 blocks
|
$12
|
|
70 blocks to 80 blocks
|
$13
|
For distances greater than 80 blocks the following set rates
shall apply:
|
Guttenberg to:
| |
|
Secaucus
|
Maximum $20
|
|
Jersey City
|
Maximum $30
|
|
Hoboken
|
Maximum $17
|
|
Fairview
|
Maximum $9
|
|
Cliffside Park
|
Maximum $12
|
|
Ridgefield
|
Maximum $12
|
|
Palisade Park
|
Maximum $15
|
|
Ridgefield Park
|
Maximum $20
|
|
Fort Lee
|
Maximum $15
|
|
Leonia
|
Maximum $20
|
|
Bogota
|
Maximum $20
|
|
Englewood
|
Maximum $25
|
|
Englewood Cliffs
|
Maximum $25
|
|
Hackensack
|
Maximum $30
|
|
New York City
|
Maximum $45
|
|
Newark Airport
|
Maximum $35
|
|
LGA Airport
|
Maximum $55
|
|
JFK Airport
|
Maximum $70
|
Owners or drivers of taxicabs shall be allowed to charge for
tolls and reasonable gasoline surcharges.
Every taxicab operated under this section shall have a rate
card setting forth the authorized rates of fare displayed in such
a place as to be in view of all passengers in the cab. Nothing herein
shall be deemed to prohibit an owner and/or operator of a taxicab
from charging less than the above-recited rates.
[Ord. 6/20/90 § 17;
amended 3-23-2020 by Ord. No. 09-20]
a.
It shall be unlawful for the owner of any taxicab to hire out or
rent such taxicab to a taxicab driver or any other person for use
within the Town for a stipulated sum over a definite period of time.
b.
The method by which the compensation is paid to the driver, whether
by percentage of receipts, salary or fixed rate, shall not be construed
to be a hiring or a renting.
[Ord. 6/20/90 § XVIII;
amended 3-23-2020 by Ord. No. 09-20]
The driver of any taxicab shall, upon demand by the passenger,
render to such passenger a receipt for the amount charged on which
shall be the name of the owner, driver, the certificate of public
convenience number, the amount of the charge, and date and time of
the transaction.
[Ord. 6/20/90 § XIX;
amended 3-23-2020 by Ord. No. 09-20]
All disputes as to the local rate of fare shall, upon request
of the driver or passenger, be determined by the police officer in
charge of the police station. Failure to comply with such determination
shall subject the offender to a charge of disorderly conduct.
[Ord. 6/20/90 § XX;
amended 3-23-2020 by Ord. No. 09-20]
Tinted windows, side curtains or shades shall not be permitted
on any taxicab licensed in the Town of Guttenberg.
[Ord. 6/20/90 § XXI;
Ord. #01-13; amended 3-23-2020 by Ord. No. 09-20]
No person, other than the licensed driver of the taxicab, shall
ride or sit in the front seat of the taxicab unless the rear is fully
occupied by the passengers, except when, for physical or health reasons,
a passenger must sit in the front seat.
[Ord. 6/20/90 § XXII;
amended 3-23-2020 by Ord. No. 09-20]
No holder or driver shall knowingly permit his taxicab to be
used for any illegal or immoral purposes, under penalty of suspension
or, after hearing, revocation of holder or driver's license, or both,
and such other penalty as may be provided.
[Ord. 6/20/90 § XXIII;
amended 3-23-2020 by Ord. No. 09-20]
a.
Soliciting patronage by the driver. No driver shall solicit passengers
for a taxicab except when sitting in the driver's compartment of such
taxicab or while standing immediately adjacent to the curbside thereof
at any legal taxi stand.
b.
Prohibited solicitation. No driver shall solicit patronage by way
of electronic amplifier, in a loud tone of voice or in any manner
annoy any person or obstruct the movement of any person or follow
any person for the purpose of soliciting patronage.
c.
Receipt and discharge of passengers on a sidewalk. Drivers of taxicabs
shall not receive or discharge passengers in the roadway but shall
pull up to the right-hand side as nearly as possible, or, in the absence
of a sidewalk, to the extreme right-hand side of the road, and there
receive or discharge passengers, except upon one-way streets, where
passengers may be discharged at either the right- or left-hand sidewalk
or side of the roadway in the absence of a sidewalk.
d.
Cruising. No driver shall cruise in search of passengers except in
such areas and at such times as may be designated by the Public Safety
Director. Such areas and times shall only be designated when the Public
Safety Director finds that taxicab cruising would not congest traffic
or be dangerous to pedestrians and other vehicles.
e.
Additional passengers. No driver shall permit any other person to
occupy or ride said taxicab unless the person or persons first employing
a taxicab shall consent to the acceptance of an additional passenger
or passengers; provided, however, than an additional passenger or
passengers shall not be accepted if they are of a different sex than
the passenger first employing the taxicab. No charge shall be made
for an additional passenger, except when the additional passenger
rides beyond the previous passenger's destination, and then for only
the additional distance so traveled. Upon reaching the original passenger's
destination, the driver shall collect his fare and the passenger shall
be charged as if the additional distance traveled were a new trip.
f.
Restrictions on the number of passengers. No driver can permit more
than five persons to be carried in a taxicab as passengers. A child
under six years of age shall not be counted as a passenger.
g.
Refusal to carry orderly passengers prohibited. No driver shall refuse
or neglect to carry any person or persons, upon their request, unless
previously engaged or unable or forbidden by the provisions of this
section to do so.
h.
Prohibition of drivers. It shall be a violation of this section for
any driver of a taxicab to solicit business for any hotels, motels,
rooming houses, bars, taverns, restaurants, theaters and the like,
or to attempt to divert patronage from one such place to another.
Neither shall such driver engage in selling intoxicating liquors or
solicit business for any house of ill repute or use his vehicle for
any purposes other than the transporting of passengers.
[Ord. 6/20/90 § XXIV; Ord. No. 07-2015; amended 3-23-2020 by Ord. No. 09-20]
a.
The Public Safety Director is hereby authorized and empowered to
establish open stands in such place or places upon the streets of
the Town of Guttenberg as he deems necessary for the use of taxicabs
operating in the Town. Said Public Safety Director shall not create
an open stand without taking into consideration the need for such
stand by the companies, convenience to the general public and the
recommendation of the Police and Fire Departments of the Town of Guttenberg.
The Public Safety Director shall prescribe the number of cabs that
shall occupy such open stands.
b.
Open stands shall be used by the different drivers on a first-come-first-served
basis. The driver shall pull to the open stand from the rear and shall
advance forward as the cabs ahead pull off. The drivers shall stay
within five feet of their cabs, and shall not engage in loud or boisterous
talk while at an open stand. Nothing in this subsection shall be construed
as preventing a passenger from boarding the cab of his choice that
is parked at an open stand.
[Ord. 6/20/90 § XXV;
amended 3-23-2020 by Ord. No. 09-20]
a.
The Mayor and Board of Commissioners, upon the recommendation of
the Public Safety Director, are empowered to authorize company stands
at locations to be selected for convenience and safety. The company
stand shall be used solely by the company to whom the same is granted
and by its agents and servants. No other company or holder of a taxicab
license shall be permitted to use the same.
b.
Company stands shall be used by the different drivers on a first-come-first-served
basis. The driver shall pull to the company stand from the rear and
shall advance forward as the cabs pull off. The drivers shall stay
within five feet of their cabs, and shall not engage in loud or boisterous
talk while at a company stand. Nothing in this subsection shall be
construed as preventing a passenger from boarding the cab of his choice
that is parked at a company stand.
c.
The parking of any vehicle other than licensed taxicabs shall be
prohibited on taxi stands legally authorized by the Public Safety
Director of the Town of Guttenberg, and such stands shall be considered
tow-away zones for any vehicles illegally parked at said stands for
the purpose of the enforcement of this subsection.
[Ord. 6/20/90 § XXVI;
amended 3-23-2020 by Ord. No. 09-20]
All persons engaged in the taxicab business in the Town of Guttenberg
operating under the provisions of this section shall render an overall
service to the public desiring to use taxicabs.
They shall answer all calls received by them for service inside
the corporate limits of the Town of Guttenberg as soon as they can
do so and, if said services cannot be rendered within a reasonable
time, they shall then notify the prospective passenger how long it
will be before the said call can be answered and give the reason therefor.
Any holder who shall refuse to accept a call anywhere in the corporate
limits of the Town of Guttenberg at any time when such holder has
available cab or cabs, or who shall fail or refuse to give overall
service, shall be deemed a violator of this subsection and any license
granted to such holder may, after a hearing, be revoked.
[Ord. No. 6/20/90 § XXVII; 3-23-2020 by Ord. No. 09-20]
a.
Every holder shall require the driver to keep a daily record, identified
by the cab number of the cab used that day and the license number
of the driver, of the time and place when and where the passenger
was accepted as well as the time and place of the discharge of the
passenger, together with the fare received for the trip, which record
the holder shall keep intact for 180 days from the date thereof and
shall be kept open at all times for inspection by a duly authorized
representative of the Police Department or the License Inspector.
b.
Every holder shall record in a book kept solely for such purpose
the time of departure from the garage or cabstand of every licensed
vehicle, giving the name and address of the driver thereof, his license
number and the license number of the vehicle and the time of the return
to the garage or cabstand of each such vehicle, which book shall be
kept open for inspection at all times to a duly authorized representative
of the Police Department or the License Inspector.
[Ord. 6/20/90 § 28;
amended 3-23-2020 by Ord. No. 09-20]
Subject to the rules and regulations of the Public Safety Director,
it shall be lawful for any person owning or operating a taxicab to
permit advertising matter to be affixed or installed on the outside
of such taxicab, provided that such advertising matter shall not be
of a lewd, lascivious or obscene nature, nor shall the location in
the cab interfere with the comfort of the passengers or the operation
of the vehicle.
[Ord. 6/20/90 § XXIX;
amended 3-23-2020 by Ord. No. 09-20]
The License Inspector shall keep a register of the name of each
holder licensed under this section, together with the license number
and the make and description of the limousine or livery vehicle licensed,
with the date and record of inspections made of it.
[Ord. 6/20/90 § XXXI;
amended 3-23-2020 by Ord. No. 09-20]
Subject to the rules and regulations of the Public Safety Director,
it shall be unlawful for any taxicab to stand in any restricted area,
or any area which is controlled by parking meters, or at the curb
within 15 feet of the entrance to any theater, hotel, restaurant or
other public place.
[Added 3-23-2020 by Ord.
No. 09-20]
The driver, while engaged in the operation of a taxicab, shall
behave himself in a gentlemanly manner, and he shall not use any indecent,
profane or insulting language while engaged in such operation.
[Added 3-23-2020 by Ord.
No. 09-20]
It shall be unlawful for any person owning or operating any
taxicab in the Town of Guttenberg, licensed under the provisions of
this section, to permit such taxicab to be operated by any person
who does not hold a valid driver's license as required by this section.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
No taxicab, while waiting for employment by passengers, shall stand
on any public street or space other than at or upon a taxicab stand
designated or established in accordance with this section, nor shall
any driver of such taxicab seek employment by repeatedly and persistently
driving his taxicab to and fro in a short space before or by otherwise
interfering with the proper and orderly access to or egress from any
theater, hall, hotel, public resort or other place of gathering, and
no driver shall solicit passengers for a taxicab except when standing
at his vehicle or sitting upon the driver's seat thereof.
b.
Every holder shall be responsible for the operation of the vehicle
for which the license has been granted regardless of the legal relationship
between such holder and the driver of said vehicle.
[Added 3-23-2020 by Ord.
No. 09-20]
Every driver of a taxicab, immediately after the termination
of any hiring or employment, must carefully search such taxicab for
any property lost or left therein, and any such property, unless sooner
claimed or delivered to the owners, must be reported, in writing,
by the driver or holder, to the License Inspector with brief particulars
and a description of the property, within 24 hours after the finding
thereof.
[Added 3-23-2020 by Ord.
No. 09-20]
The Police Department of the Town of Guttenberg is hereby given
the authority and is instructed to watch and observe the condition
of holders and drivers operating under this section. Upon discovering
a violation of the provisions of this section, the Police Department
shall report the same to the Public Safety Director, who shall order
or take appropriate action.
[Added 3-23-2020 by Ord.
No. 09-20]
All hearings under this section shall be conducted by the Public
Safety Director.
[Added 3-23-2020 by Ord.
No. 09-20]
The Public Safety Director shall promulgate reasonable rules
and regulations to implement this section and to carry out its intendments
which shall be filed with the Town Clerk of the Town of Guttenberg.
The Public Safety Director shall cause the rules and regulations as
promulgated, together with this section, and any amendments or additions
thereto, to be printed and distributed to the holders of certificate
of public convenience and taxi driver's licenses, and to all those
who in the future shall obtain such certificates or licenses.
[Added 3-23-2020 by Ord.
No. 09-20]
[Added 3-23-2020 by Ord.
No. 09-20]
The definitions set forth in this Subsection 4-1A.1 apply to
this section except as to the extent the below definitions may differ
in which case the below definitions apply to this section to such
extent:
A public hearing at which the licensee shall be given an
opportunity to appear personally and be represented, by his chosen
counsel, and be heard and to present evidence on his behalf or otherwise
answer the charges against him.
A person to whom a limousine or livery vehicle license has
been issued pursuant to this section.
Any person holding a valid, current New Jersey special driver's
license to operate a motor vehicle carrying six or more passengers.
A vehicle which has been issued livery license plates by
the State of New Jersey, is used exclusively to carry passengers for
hire, does not have an established route and which is constructed
and designed as to comfortably seat not more than nine passengers
excluding the operator of the vehicle.
The permission granted by the Public Safety Director to a
person to drive a limousine or livery vehicle upon the streets of
the Town.
To sell, transfer or in any other manner dispose of a limousine
or livery vehicle license. Where the license is in the name of a corporation
or other legal entity, any change in control of the holder shall constitute
a transfer of the license held in the name of said corporation or
other legal entity. The Public Safety Director shall determine what
constitutes a change in control.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
In order to ensure the safety of the public, it shall be unlawful
for any person to operate or cause to permit a limousine or livery
vehicle to be operated, nor shall any license be issued hereunder,
until and unless the applicant shall have complied with the provisions
of N.J.S.A. 48:16-13 to 48:16-27 and the acts amendatory thereof or
supplemental thereto, which require an insurance policy of a company
duly licensed to transact business under the insurance laws of the
state conditional for the payment of a sum of a minimum of $50,000
or such additional minimum amount as may be specified in New Jersey
statutes to satisfy all claims and damages by reason of bodily injury
to or the death of any one person resulting from an accident by reason
of the ownership, operation, maintenance or use of such limousine
or livery upon any public street. The owner shall furnish the License
Inspector with evidence that the aforesaid provision has been complied
with and that the premium for the full period of the licensing year
has been paid. Each policy shall contain an endorsement providing
for 30 days' written notice from the insurance company to the Town
of Guttenberg in the event of any change in the policy or cancellation
of the policy. Each limousine or livery vehicle license shall become
effective and operation thereunder shall be permitted only so long
as the insurance policy shall remain in force to the full and collectible
amounts as aforesaid.
b.
Each insurance policy shall provide for payment of any final judgment
recovered by any person on account of the ownership, maintenance or
use of the limousine or livery vehicle or any fault in respect thereto
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid.
c.
If an owner operates more than one limousine or livery vehicle, he
may file with the Licensing Officer a blanket insurance policy of
a company licensed to transact business under the laws of New Jersey
in the minimum sum of $50,000, which shall be blanket insurance covering
all limousine or livery vehicles operated by such owner and which
shall provide for the payment of any financial judgment recovered
by any person on account of the ownership, maintenance and use of
any such limousine or livery vehicles or any fault in respect thereto
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid.
[Added 3-23-2020 by Ord.
No. 09-20]
To the extent the Town of Guttenberg permissible pursuant to
N.J.S.A. 48:16-13 to 48:16-27, in addition to the insurance requirements
as aforesaid, the owner of every limousine or livery vehicle shall
execute and deliver to the Licensing Officer, concurrent with the
filing of the insurance policy referred to in Subsection 1A.2, a power
of attorney wherein the owner shall appoint the Town Clerk of the
Town of Guttenberg as his true and lawful attorney for the purpose
of acknowledging service of process from a court of competent jurisdiction
to be served against the insured by virtue of the indemnity granted
under the insurance policy filed.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
No person shall operate or permit a limousine or livery vehicle owned
or controlled by such person to be operated as a vehicle for hire
upon the streets of the Town of Guttenberg without having first obtained
a limousine or livery license from the State of New Jersey and a limousine
or livery vehicle license from the License Inspector of the Town of
Guttenberg except to the extent the Town of Guttenberg, may not require
same under the terms of N.J.S.A. 48:16-13 to 48:16-27.
b.
No license shall be issued or renewed unless the holder thereof has
paid an annual license fee of $350 for each limousine or livery vehicle
to be operated under that license. Said license shall be for the year
ending on December 31 and shall be in addition to any other fee or
charges established by proper authorities and applicable to said holder
for the vehicle or vehicles under his operation and control.
c.
Nothing in this subsection shall excuse any the owner, operator or
driver of a limousine or livery vehicle from otherwise complying with
the provisions of N.J.S.A. 48:16-13 to 48:16-27 while such vehicle
is being operated within the Town of Guttenberg.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
Each person issued a limousine or livery operator's license by the
Town of Guttenberg shall, as a condition to continued maintenance
of such license, submit each of his limousine or livery vehicles for
a full mechanical and vehicle inspection once each three months during
the one-year period of his license pursuant to a schedule established
by the Town of Guttenberg. Such inspection shall be conducted at the
town garage by town mechanics.
b.
In the event that town inspectors report that any vehicle is in need
of repair, the licensee shall repair the same within 30 days of the
inspection and shall resubmit the vehicle for inspection, plus submit
a written report or invoice specifying the services performed and
parts furnished to correct the condition noted in the prior inspection
report. The term "in need of repair" shall include but is not limited
to the following:
1.
That the glass (windows and/or windshield) is cracked, chipped or
scratched or that the glass in the mirrors is cracked.
2.
That the horn does not function properly so as to produce a sound
audible for 200 feet.
3.
That the emergency brake does not hold the vehicle when parked on
a grade.
4.
That the foot brake does not hold the vehicle when parked on a grade
and that it does not have sufficient reserve pedal.
5.
That the headlights, taillights, stoplights and directional lights
do not turn on and off when operated by the controls in the vehicle
or are otherwise broken or defective.
6.
That the windshield wipers do not rotate back and forth with sufficient
pressure when turned on and do not stop when turned off by the controls
in the vehicle.
7.
That the tires have damage, ply separation, breaks or cuts and do
not have at least 2/32 inch of tire tread.
8.
That a defroster does not function properly so as to produce a temperature
in excess of 50° F.
9.
That any door for entering into or out of the vehicle is damaged
to the extent that it does not fully swing for convenient passenger
ingress or egress.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
Applications for a license shall be filed with the License Inspector
upon forms provided by the Town of Guttenberg, and said application
shall be verified under oath and shall furnish the following information:
1.
The name and address of the applicant, where the applicant is not
a natural person, the name and address of all owners or participants
in the ownership of the legal entity and all officers, directors or
others of like position, whatever be their title.
2.
The year, type and model of the vehicle for which the license is
desired.
3.
The number of persons the vehicle is capable of carrying.
4.
Such further information as the License Inspector of the Town of
Guttenberg may require.
b.
The annual application for renewal of limousine or livery vehicle
licenses shall be filed not later than 30 days prior to the expiration
date.
[Added 3-23-2020 by Ord.
No. 09-20]
If the Public Safety Director finds that the applicant is fit,
willing and able to perform such public transportation and in accordance
with the provisions of this section and the rules promulgated by the
Public Safety Director, then the Public Safety Director shall order
the Clerk of the Town of Guttenberg to issue a license stating the
name and address of the applicant, the date of issuance and the year,
type and model of the vehicle; otherwise, the application shall be
denied. In making the above findings, the Public Safety Director shall
take into consideration the character, experience and responsibility
of the applicant.
[Added 3-23-2020 by Ord.
No. 09-20]
No limousine or livery vehicle license may be sold, assigned
or otherwise transferred without the consent of the Public Safety
Director and payment of a $15 transfer fee. No limousine or livery
vehicle license shall be assigned, mortgaged, pledged or otherwise
transferred to secure a debt, loan, advance or other financing transaction.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
Licenses issued under the provisions of this section may be suspended
or, after hearing, revoked by the Public Safety Director if the holder
hereof had:
b.
Prior to revocation, the holder shall be given written notice of
the proposed action to be taken and the charges against such person
and shall be given a hearing. Notwithstanding the use of the words
"suspend or, after hearing, revoke" in this section, the Public Safety
Director may suspend and, after hearing, revoke such licenses.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
No person shall operate a limousine or livery for hire upon the streets
of the Town of Guttenberg and no person who owns or controls a limousine
or livery shall permit it to be so driven and no limousine or livery
vehicle licensed by the Town of Guttenberg shall be so driven at any
time for hire, unless the driver of said limousine or livery shall
have first obtained and shall have then in force the limousine or
livery operator's license under the provisions of this section and
provided, further, that said driver shall be a holder or servant,
employee or agent of such holder.
b.
Every person applying for a license to drive a limousine or livery
vehicle must furnish satisfactory evidence that he has received a
limousine or livery license under the New Jersey State Motor Vehicle
Law.
c.
Each applicant for a limousine or livery vehicle license under the
terms of this section must conform to the following regulations:
1.
Be of the age of 21 years or over and be a resident of the State
of New Jersey for one year or more.
2.
Be able to read and write the English language with sufficient proficiency
to provide livery and limousine services to the general public in
the opinion of the Public Safety Director and be eligible to work
in the United States.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
An application for a limousine or livery vehicle driver's license
shall be filed with the License Inspector on forms provided by the
Town of Guttenberg. The application shall contain the following:
1.
The full name and address of the applicant.
2.
Places of residence for the preceding five years.
3.
Age, height and color of eyes and hair.
4.
Place of birth and whether married or single.
5.
Previous employment and whether he has ever been convicted of a high
misdemeanor, misdemeanor, violation of the Disorderly Persons Act
or a violation of this section.
6.
Whether a driver's license, issued by any state or political subdivision
thereof, ever held by such person has been suspended or revoked and
for what cause.
b.
The applicant shall furnish four passport-type photographs of himself
taken within 30 days of the application, front view, two inches by
two inches in size.
c.
Each application must be accompanied by a certificate from a licensed
and practicing physician of the State of New Jersey, certifying that
the applicant has been examined on a certain date and that, in his
opinion, the applicant is of sound physique, with good eyesight and
not subject to epilepsy, vertigo, heart trouble or any other infirmity
of body or mind which might make such person unfit for the same operation
of a limousine or livery vehicle. The examination shall be within
30 days prior to the filing of the application. At the time the application
is filed, the applicant shall pay to the License Inspector the sum
of $30.
[Added 3-23-2020 by Ord.
No. 09-20]
The Police Department shall conduct an investigation of each
applicant for a limousine or livery vehicle driver's license, and
a report of such investigation and a copy of the traffic and police
record of the applicant, if any, shall be attached to the application
for the consideration of the Public Safety Director.
[Added 3-23-2020 by Ord.
No. 09-20]
The Public Safety Director, upon consideration of the application
and the reports and certificate required to be attached thereto, shall
approve or reject the application. If the application is rejected,
the applicant may request a hearing to offer evidence why his application
should be reconsidered.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
Upon approval of the application for the limousine or livery vehicle
driver's license by the Public Safety Director, the License Inspector
shall issue a license to the applicant, which shall bear the name,
signature and photograph of the applicant.
b.
Such license shall be in effect for the remainder of the fiscal year
ending December 31. The fee for such license shall be $15, and the
license for every year thereafter shall be issued upon the payment
of $5.
c.
The license shall also contain the Town license number and a notice
that, in case of any complaint, the Department shall be notified of
the license number of the driver. The license shall bear the signature
of the License Inspector.
[Added 3-23-2020 by Ord.
No. 09-20]
The Public Safety Director is hereby given the authority to
suspend any limousine or livery vehicle driver's license issued under
this section upon justified complaint of any person, including a holder,
for a driver failing or refusing to comply with the provisions of
this section; provided, however, that such suspension shall not exceed
20 days. The Public Safety Director is also given the authority to
revoke any limousine or livery vehicle driver's license for failure
to comply with the provisions of this section; provided, however,
that a license may not be revoked unless the driver has received notice
and a copy of the charges against such person and has been given a
hearing. Notwithstanding the use of the words "suspend or, after hearing,
revoke" in this section, the Public Safety Director may suspend and,
after hearing, revoke any such license.
[Added 3-23-2020 by Ord.
No. 09-20]
Every driver licensed under this section shall comply with all
Town, state and federal laws, the violation of which reflects unfavorably
on the fitness of such driver to engage in public transportation;
failure to do so will justify the Public Safety Director in suspending
or, after hearing, revoking the license. If, at any time within the
licensed year, a driver has been found guilty of a high misdemeanor,
misdemeanor or has permitted his vehicle to be used for any illegal
or immoral purpose, the Public Safety Director may immediately suspend
or, after hearing, revoke the limousine or livery vehicle driver's
license.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
No license shall be issued until said limousine or livery vehicle
has been thoroughly inspected and found to be in a safe condition
for the transportation of passengers and of good appearance.
b.
Every vehicle operating under this section shall be periodically
inspected, at such intervals as the License Inspector may direct,
to ensure the continued maintenance of safe operating conditions.
c.
Every vehicle operating under this section shall be kept in a clean
and sanitary condition in accordance with the rules and regulations
promulgated by the License Inspector.
d.
Any vehicle on the streets of the Town of Guttenberg in violation
of this section may be removed from the streets by the Police Department.
If the vehicle is not returned to service in accordance with the provisions
of this section within 90 days, the Public Safety Director may suspend
or, after hearing, revoke the limousine or livery vehicle license.
[Added 3-23-2020 by Ord.
No. 09-20]
No holder or driver shall knowingly permit his vehicle to be
used for any illegal or immoral purposes, under penalty of suspension
or, after hearing, revocation of holder's or limousine or livery vehicle
driver's license, or both, and such other penalty as may be provided.
[Added 3-23-2020 by Ord.
No. 09-20]
a.
Prohibited solicitation. No driver shall solicit patronage in a loud
tone of voice or in any manner which would annoy any person or obstruct
the movement of any person or follow any person for the purpose of
soliciting patronage.
b.
Receipt and discharge of passengers on a sidewalk. Drivers shall
not receive or discharge passengers in the roadway but shall pull
up to the right-hand side as nearly as possible or, in the absence
of a sidewalk, to the extreme right-hand side of the road and there
receive or discharge passengers, except upon one-way streets, where
passengers may be discharged at either the right- or left-hand sidewalk
or side of the roadway in the absence of a sidewalk.
[Added 3-23-2020 by Ord.
No. 09-20]
Restrictions on the number of passengers. No driver can permit
more than nine persons to be carried in a limousine or livery as passengers.
[Added 3-23-2020 by Ord.
No. 09-20]
The License Inspector shall keep a register of the name of each
holder licensed under this section, together with the license number
and the make and description of the limousine or livery vehicle licensed,
with the date and record of inspections made of it.
[Added 3-23-2020 by Ord.
No. 09-20]
Subject to the rules and regulations of the Public Safety Director,
it shall be unlawful for any limousine or livery vehicle to stand
in any restricted area or any area which is controlled by parking
meters or at the curb within 15 feet of the entrance to any theater,
hotel, restaurant or other public place.
[Added 3-23-2020 by Ord.
No. 09-20]
The driver, while engaged in the operation of a limousine or
livery vehicle, shall behave himself in a gentlemanly manner, and
he shall not use any indecent, profane or insulting language while
engaged in such operation.
[Added 3-23-2020 by Ord.
No. 09-20]
It shall be unlawful for any person owning or operating any
limousine or livery vehicle in the Town of Guttenberg, licensed under
the provisions of this section, to permit such vehicle to be operated
by any person who does not hold a valid limousine or livery vehicle
driver's license as required by this section.
[Added 3-23-2020 by Ord.
No. 09-20]
Every holder of a limousine or livery vehicle license shall
be responsible for the operation of the vehicle for which the license
has been granted regardless of the legal relationship between such
holder and the driver of said vehicle.
[Added 3-23-2020 by Ord.
No. 09-20]
Every driver of a limousine or livery vehicle, immediately after
the termination of any hiring or employment, must carefully search
such vehicle for any property lost or left therein, and any such property,
unless sooner claimed or delivered to the owners, must be reported,
in writing, by the driver or holder, to the License Inspector with
brief particulars and a description of the property, within 24 hours
after the finding thereof.
[Added 3-23-2020 by Ord.
No. 09-20]
The Police Department of the Town of Guttenberg is hereby given
the authority and is instructed to watch and observe the condition
of holders and drivers operating under this section. Upon discovering
a violation of the provisions of this section, the Police Department
shall report the same to the Public Safety Director, who shall order
or take appropriate action.
[Added 3-23-2020 by Ord.
No. 09-20]
All hearings under this section shall be conducted by the Public
Safety Director.
[Added 3-23-2020 by Ord.
No. 09-20]
The Public Safety Director shall promulgate reasonable rules
and regulations to implement this section and to carry out its intendments,
which shall be filed with the Town Clerk of the Town of Guttenberg.
The Public Safety Director shall cause the rules and regulations as
promulgated, together with this section, and any amendments or additions
thereto, to be printed and distributed to the holders of limousine
or livery vehicle licenses and to all those who in the future shall
obtain such license or licenses.
[Added 3-23-2020 by Ord.
No. 09-20]
Any person found guilty of violating any of the provisions of this section may, in addition to the suspension or revocation of any certificate or license as heretofore provided, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5 and as set forth in N.J.S.A. 48:16-13 to 48:16-27 and any penalties may be enforced pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274, as may therein be provided for.
[Added 3-23-2020 by Ord.
No. 09-20]
A motor vehicle that is used by a transportation network company
driver as defined in the "Transportation Network Company Safety and
Regulatory Act," N.J.S.A. 39:5H et seq., to provide prearranged rides
and is owned, leased, or otherwise authorized for use by a transportation
network company driver, a defined by such Act, and the owner, operator
or driver thereof, shall be exempt from the provisions of this chapter
only to the extent of the exemption provided under the terms of such
Act, and the owner, operator or driver of such vehicle shall bear
the burden of establishing such exemption.
[Ord. 7/11/1883 § I]
The Board of Council may, by resolution, license persons for
the purpose of vending, hawking or peddling fish, fowl, fruit, vegetables,
groceries, dry goods or any other articles or merchandise of whatsoever
kind from wagons, carts or other vehicles or from baskets, packs or
other means of carriage, and such license shall continue in force
until the first Monday in September next succeeding the granting of
the license, subject nevertheless, to being revoked by the Board of
Council for just cause or complaint, and the Chairman of the Board
is hereby empowered to suspend the party so complained of, until the
next meeting of the Board of Council thereafter, from selling, vending
or hawking under his or her license.
[Ord. 7/11/1883 § II;
New; Ord. #19-11]
Each person applying for a license shall pay to the Town Clerk
for each license the sum of $500. The Town Clerk shall keep a record
of such license.
[Ord. 7/11/1883 §§ IV,
V]
a.
All vehicles used for the purpose of vending, peddling or hawking
shall have on the sides thereof the name and address of the owner,
in letters at least two inches in length painted clearly and distinctly
on the vehicle and all persons peddling from baskets, packs or other
means of carriage, shall exhibit his or her license upon demand by
any Town official.
[Ord. 7/11/1883 § III,
VI]
a.
No unlicensed person shall sell or offer to sell from any vehicle, or from baskets, packs, or other means of carriage in any streets or public places of the Town any fish, fowl, fruit, vegetables, groceries, dry goods, or any other articles or merchandise of whatsoever kind, under the penalty stated in Chapter 1, § 1-5 for each offense.
b.
If any person having obtained a license as aforesaid shall lend or hire the same to any other person or lend or hire, or allow the use of his vehicle with the licensed person's name thereon for peddling purposes, each of them shall be liable to the penalty stated in Chapter 1, § 1-5 for each offense.
[Ord. #010-09]
The purposes of this section are to properly control mobile
food handlers in order to prevent and discourage undesirable business
practices; to help protect the public from fraud; to permit the activity
regulated to a limited degree in consideration from the density of
population, size of streets and public rights-of-way; and to promote
the health, safety and welfare of the residents of the Town of Guttenberg.
[Ord. #010-09]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any movable restaurant, truck, van, trailer, cart,
bicycle or other movable unit, including hand-carried, portable containers
in or on which food or beverage is transported, stored or prepared
for retail sale or given away at temporary locations.
Shall mean as defined under New Jersey Motor Vehicle Laws,
any vehicle propelled or drawn by mechanical or electrical equipment,
such as but not limited to passenger cars, trucks, truck trailer,
semi trailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibious craft on land, dune buggies or racing vehicles.
Shall mean an individual, partnership, corporation, trust,
joint venture, association, society, church, congregation or other
organization.
Shall mean a vehicle or device used to carry, transport or
convey merchandise or items which are the subject of this section.
Shall mean the act of selling, holding out for sale, exchange,
transfer, advertising or delivery.
[Ord. No. 010-09; Ord. No. 20-2016; Ord.
No. 27-2018; amended 2-25-2019 by Ord. No. 02-19]
No activity as defined in this chapter shall be conducted in the Town of Guttenberg except in compliance with the provisions of this chapter. It shall be unlawful for any person of whatever nature to conduct the activities, defined herein, unless they have been issued a license pursuant to this chapter. The number of licenses that may be issued and in effect during any twelve-month period shall not exceed six. No person, as defined in Subsection 4-3.2, shall be issued more than one license unless there are less than six individual applicants for that year.
[Ord. #010-09]
a.
Application for such license shall be made in writing on a form to
be provided by the Town of Guttenberg. It shall require that the applicant
and every employee shall provide two photographs taken within 30 days
of the application of a size of approximately 2 1/2 inches by
2 1/2 inches on thin paper having a light background clearly
showing a frontal view of the applicant's face and his employee's
face; one of which is to be attached or posted to the application.
b.
Such application for license shall require that the applicant give
the following information concerning himself or itself:
1.
Name.
2.
Specific address for the past five years.
3.
Date and place of birth and citizenship.
4.
Arrests or convictions at any time of any crime for disorderly offense
or of any municipal ordinance or regulation.
5.
Names and addresses of employers for the last five years and respective
dates of employment.
6.
Proposed location or locations for which such license is sought.
7.
Description of all items to be sold.
[Ord. #010-09]
Each applicant and license shall each year, between August 1
and August 31, apply or reapply for the license by personally appearing
at the Municipal Clerk's Office to certify or recertify to the information
contained in their application. Where an applicant fails to appear
and recertify, their name shall be removed from the lists of pending
applications. All persons who presently have licenses shall be considered
first for each license before any new applicant.
[Ord. #010-09]
Such application shall be made to and licenses issued by the
Municipal Clerk of the Town of Guttenberg or his designee after investigation
by the Town of Guttenberg Police Department.
[Ord. #010-09]
a.
Each license issued by the Municipal Clerk shall set forth the specific
food and beverage authorized to be sold, the location or locations
for the same, the name of each employee or agent and the expiration
date of the license.
b.
No person shall engage in any activity, except those permitted under
the license and at the locations specific therein. Upon granting of
the license hereinabove mentioned, each licensee shall be required
to prominently display said license on his person or on the vehicle
employed to transact his business, in addition to a sign, in letters
of at least two inches in length, printed clearly and distinctly with
the name of the licensee.
c.
No license may be transferred from one person or entity to another,
and each person or entity must be licensed individually and separately.
[Ord. #010-09]
No licensee shall:
a.
Engage in a business before 9:00 a.m. or after 8:00 p.m.
b.
Transact business from its vehicle unless it is properly parked immediately
adjacent to the curb of a public street in an area where and when
parking is permitted. Furthermore, no licensee shall, at any time,
double-park its vehicle while transacting business, nor transact business
other than on the curbside of its vehicle, nor shall any licensee
conduct its activity so as to interfere with pedestrians or vehicular
traffic.
[Ord. #010-09]
a.
No licensee shall park a vehicle overnight on any location within
the Town of Guttenberg. If the licensee parks a vehicle overnight
on private property for the purpose of continuing the business each
day at the same location, then such licenses shall comply with all
regulations, rules, statutes and ordinances pertaining to permanent
retail food establishments.
b.
No licensee shall have a permanent location within or upon a public
road or right-of-way by reason of prior use.
[Ord. #010-09]
Every licensee shall be subject to the supervision of the Town
of Guttenberg and its designated agencies in all provisions of this
section, as well as the rules and regulations promulgated hereby,
and all orders and regulations promulgated by the Town shall be enforced
by such person or persons as the Town, by resolution or ordinance,
may designate from time to time or who, by New Jersey State statute,
may have the duty to so regulate.
[Ord. #010-09]
In addition to requirements herein set forth, the following
regulations must be complied with by all mobile food handlers:
a.
Due to the nature, location and variety of conditions surrounding
the operation of each such establishment, it is frequently not possible
to provide certain physical facilities required for permanent establishments.
In order to assure adequate protection of food served by temporary
establishments, mobile establishments and agricultural markets which
are unable to meet fully the requirements of these regulations, it
may be necessary to restrict the types of food sold or the methods
by which served, to modify some requirements for procedures and facilities
and to impose additional requirements.
b.
The preparation of potentially hazardous foods, such as cream-filled
pastries, custards and similar products and meat, poultry, and fish
in the form of salads or sandwiches, shall be prohibited, provided
that this prohibition shall not apply to hamburgers, frankfurters
and other food which, prior to service, requires only limited preparation,
such as seasoning and cooking; and provided, however that potentially
hazardous food which is obtained in individual servings is stored
in approved facilities which maintain such food at safe temperatures
below 45° F. or above 140° F., and is served directly in the
individual, original container in which it was packaged at a food-processing
establishment, may be distributed or sold.
c.
Ice which will be consumed or which will come into contact with food
shall be obtained from a source meeting standards, approved by law
in chipped, crushed or cubed form. Such ice shall be obtained in single-service,
closed, protected containers satisfactory to the Department of Health
authority and shall be held herein until used.
d.
Wet storage of packaged food and beverages shall be prohibited, provided
that wet storage of pressurized containers of beverages may be permitted
when:
e.
Food contact surfaces of food preparation equipment such as grills,
stoves and worktables shall be protected from contamination by dust,
customers, insects or any other source. Where necessary, effective
shields shall be provided.
f.
Equipment shall be installed in such a manner that the establishment
can be kept clean and food will not become contaminated.
g.
An adequate supply of water for cleaning and hand washing be maintained
in the establishment, and auxiliary heating facilities, capable of
producing an ample supply of hot water for such purposes, shall be
provided.
h.
Liquid waste which is not discharged into a sewerage system shall
be disposed of in such a manner as not to create a public health hazard
or nuisance condition.
i.
Adequate facilities shall be provided for employee hand washing.
Such facilities consist of a pan, water, soap and individual paper
towels. Hand washing facilities shall be provided for employee hand
washing for mobile retail food service establishments where food products
are directly handled and fabricated, but need not be provided for
mobile units serving prepackaged foods, milk, cold sealed beverages
and tea, coffee, hot chocolate or other hot drinks at temperatures
above 140° F.
j.
Floors shall be of tight wood or other cleanable material, provided
that the Department of Health authority may accept dirt or gravel-covered
floors, when graded to preclude the accumulation of liquids and covered
with removable cleanable, wooden platforms or duckboards.
k.
Walls and ceilings shall be so constructed as to minimize the entrance
of flies and dust. Temporary construction may be accepted. Ceilings
may be of wood, canvas or other materials which protect the interior
of the establishment from the elements, and walls may be of such materials
or of sixteen-mesh screening or equivalent. When flies are prevalent,
counter-service openings shall either be equipped with self-closing,
flytight doors or the opening protected by effective fans. Where fans
are used for this purpose, the size of the opening shall be so limited
that the fans employed will effectively prevent the entrance of flies.
l.
No exposed fruits or vegetables shall be available for sale.
m.
Any other requirement deemed necessary by the Department of Health
to protect the public health in view of the particular nature of the
food service operation shall be met.
[Ord. #010-09]
All mobile retail food establishments must, in addition to obtaining
a license, be inspected and certified by the Guttenberg Board of Health
Inspector. Such certification must be displayed to the public and
renewed annually.
[Ord. No. 010-09; Ord. No. 20-2016; Ord.
No. 27-2018]
The term and cost of each license issued under this section
shall be for a term of one year and shall be renewed each September
1 at a fee of $400.
[Ord. #010-09]
The Governing Body of the Town of Guttenberg reserves the right
to issue, at any time, the above mentioned mobile food handlers license
to any mobile food handler for a one-day duration. Said mobile food
handlers must meet all of the requirements as stated in the above
sections. The fee for said one-day licenses shall be $50. All licenses
issued for one day shall expire at midnight of the day issued.
[Ord. #010-09]
Any person, firm, corporation, partnership or other entity violating
any provisions of this section or any rules and regulations promulgated
by the Town pursuant hereto shall be punished by one or more of the
following: a fine not exceeding $2,000; imprisonment for a term not
exceeding 90 days; and/or a period of community service not exceeding
90 days, in the discretion of the Judge before whom such conviction
shall be heard. Each and every violation and nonconformance with this
chapter on each day that any provision of this section shall have
been violated shall be construed as a separate and distinct violation
hereof.
[Ord. #21-10]
The Code of the Town of Guttenberg is hereby amended to add a new section, specifically § 4-4, entitled "Tattooing and Body Piercing," and providing as follows.
[Ord. #21-10]
Shall mean any person that performs the art of tattooing
or body piercing under the direct supervision of a practitioner in
order to learn body art procedures.
Shall mean the practice of physical body adornment in licensed
establishments by operators utilizing, but not limited to, body piercing,
tattooing and permanent cosmetics.
Shall mean puncturing or penetration of the skin of a person
using presterilized single use needles and the insertion of presterilized
or disinfected jewelry or other adornment thereto in the opening.
Such definition shall not apply to medical services performed by a
licensed physician.
Shall mean an individual who, by legal appointment or by
the effect of written law, has been given custody of a minor or adult.
Shall mean any person that performs the art of tattooing,
permanent cosmetics and/or ear and body piercing.
Shall mean any method of placing ink or other inert pigment
into or under the skin or mucosa by the aid of needles or any other
instrument used to puncture the skin, resulting in permanent coloration
of the skin or mucosa.
[Ord. #21-10]
a.
No person shall engage in the business of tattooing or body piercing,
whether for compensation or not, operate any establishment where tattooing
or body piercing is performed, whether for compensation or not, or
tattoo or body pierce any person, whether for compensation or not,
without complying with the requirements of this section, pursuant
to local rules and regulations, as well as the regulations of the
State of New Jersey, or regulations about to be adopted including
the New Jersey Administrative Code at N.J.A.C. 8:27.
b.
No person shall display a sign or in any way advertise or purport
to be a body art practitioner or be engaged in the business of body
art without first obtaining a license or permit for the facility from
the department of health.
[Ord. #21-10]
a.
Each applicant for a license must qualify each year for a body piercing
license and shall pay an annual license fee as provided by the Governing
Body prior to the issuance of a license to engage in body piercing.
b.
Each applicant for a license must qualify each year for a tattooing
license and shall pay an annual license fee as provided by the Governing
Body prior to the issuance of a license to engage in tattooing of
the body.
c.
Each body piercing license and tattooing business license issued
by the Town shall contain a registration number and no such license
shall be transferable to another person or entity.
d.
Licenses issued pursuant to the provision of this section shall be
valid for 12 months from the date of issuance. No license will be
issued for a subsequent year unless the licensee makes application
for, and fully complies with, the provisions of this section.
[Ord. #21-10]
a.
Tattooing.
1.
Establishments. All tattooing establishments located within the Town
shall be maintained in a clean, safe and sanitary manner, in compliance
with practical municipal ordinance and local rules and regulations,
as well as all rules and regulations of the State which shall be deemed
applicable.
2.
Procedures. All tattooing and other related procedures shall be carried
out in a clean, safe and sanitary manner so as to minimize the danger
of infection to the person being tattooed, including, but not limited
to: operator scrubbing hands with surgical brush, warm water, soap
and germicidal solution; the area of the customer to be tattooed,
washed and sprayed with germicidal solution and the tattoo stencil
cold sterilized with a germicidal solution.
3.
Implements and Instruments. All instruments or other implements,
including, but not limited to, needles used in connection with tattooing,
shall be first sterilized by autoclaving at a minimum of 250°
for a period of not less than one hour. Such autoclaving shall be
done at the licensed premises.
4.
Dyes and Solutions. No dye, solution, chemical, substance, material
or any other thing shall be used in the application of tattoos to
any person unless such solution shall be approved by the U.S. Food
and Drug Administration or other appropriate agency of local, State
or Federal government for tattooing purposes.
b.
Body Piercing: Establishments and Equipment.
1.
The room in which body piercing is done shall have an area of not
less than 100 square feet. The walls, floors and ceiling shall have
an impervious, smooth and washable surface.
2.
A toilet shall be adjacent to the area where the body piercing is
performed. The lavatory shall be supplied with hot and cold running
water, soap and sanitary towels.
3.
All tables shall be constructed of easily cleanable impervious material
and shall be separated from waiting customers or observers by a panel
at least four feet high.
4.
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
[Ord. #21-10]
a.
No minor or incompetent may be tattooed without the written consent
of his/her parent or legal guardian, and unless the parent or legal
guardian is present with the minor at the time of the body art procedure.
b.
No one who appears to be under the influence of a drug or alcohol
shall be tattooed, and the record will so indicate.
[Ord. #21-10]
All persons engaged in the business of tattooing, whether for
compensation or not, or who endeavor in any manner whatsoever to tattoo
any person shall maintain, for a period of five years from the date
of tattooing, records, which shall be sequentially numbered, containing
the following information:
a.
The date of tattooing.
b.
The name, address and sex of the person tattooed.
c.
The name and address of the person performing the tattoo operation.
d.
The design, color or colors and location on the body of the tattoo.
e.
The dye or substance used in the marking of the skin.
f.
The method of tattooing used.
g.
If the person tattooed is a minor, as defined by law, the name, address
and relationship to the person tattooed of any person consenting to
the tattooing operation on behalf of such minor, along with the consent.
It shall not be a defense to any proceeding under this section for
failure to maintain such record that the person requesting tattooing
represented him/herself to be of legal age unless such representation
shall be in writing, signed by the person to be tattooed and accompanied
by a notation as to what means were used to obtain proof of age, provided
the appearance of the person requesting tattooing was such that an
ordinary prudent person would believe such person to be of legal age.
[Ord. #21-10]
a.
Age. It shall be a violation for anyone to pierce any body part of
an individual under 18 years of age without authorization signed by
the parent or legal guardian and witnessed by the operator and unless
the parent or legal guardian is present with the minor at the time
of the body art procedure.
Competent proof of age shall be required to be shown with application
for piercing.
b.
Refusal. If the client's parents and/or legal guardians are suspected
to be under the influence of alcohol, drugs or any other behavioral
modifying substance, the operator must refuse the client.
c.
Application. In addition to the requirements to locate and construct
a body art establishment in the New Jersey Administrative Code at
N.J.A.C. 8:27, any person desiring to engage in body piercing or tattooing
shall apply to the Town Department of Health for such purpose. Such
form shall be duly verified by the applicant. Separate applications
and separate licenses will be required for body piercing and tattooing.
The application shall set forth:
1.
The name, permanent address and telephone numbers for the applicant.
2.
The address and telephone number of the manager of the business,
if different from the applicant.
3.
If the applicant is a corporation, partnership, LLP or LLC, provide
the name and address of its registered agent.
4.
The full business name, business address and post office address
of the proposed establishment.
5.
Copy of the New Jersey Sales Tax Certificate.
6.
If the applicant is a corporation, partnership or firm, the Federal
Employer Identification Number (EIN), and the social security number
if the applicant is a proprietorship.
7.
A certification that the applicant is a citizen of the United States
or, if not, is a holder of documentation authorizing the alien to
be employed in the United States of America, such as an alien registration
card issued by the United States Immigration and Naturalization Services
(INS) or Form No. I-151, I-551, I-94 with an endorsement authorizing
employment in the United States of America.
8.
If the applicant is a partnership, firm or corporation, all information
required by the application shall apply not only to the partnership,
firm or corporation, but also to each officer, director or holder
of 10% of the issued stock, if a corporation, and to all members of
a partnership or firm.
9.
Proof of general liability insurance equal to the amount of $1,000,000
of liability coverage for the applicant, operator and/or owner of
the establishment; and proof of malpractice liability insurance equal
to the amount of $1,000,000 for the applicant, operator and/or owner
of the establishment. Such insurance policies shall name the Town
as an additional insured. Proof shall include a certificate of insurance
issued to the applicant by an insurance company licensed to do business
in the State of New Jersey.
10.
Each licensee performing piercing shall have completed a First Aid
Certification Course sponsored by the American Red Cross, or equivalent
agency. Each licensee shall possess a First Aid Certification.
11.
The owner, operator, practitioner and apprentice shall provide proof
of at least 12 months experience.
(a)
The owner/operator proof shall include a signed statement from
the previous employer, a business license, business records, purchasing
records and one or more samples of the applicant's advertising.
(b)
The practitioner proof shall include 1,000 hours of experience
for piercing 2,000 hours of experience for tattoos, three certifications
original signed statements from previous clients, the original photographs
of piercing, tattoos and completion of a blood borne pathogen course.
(c)
The apprentice proof shall include an established written apprentice
program and the amount of hours completed in the apprentice program.
An apprentice is required to complete 2,000 hours of direct supervision.
12.
A written agreement from the applicant in a form approved by the
Town's Corporation Counsel indemnifying and holding the Town harmless
from any and all claims, losses, judgments or sums of money of whatsoever
kind and nature arising in, from or in connection with the applicant's
body art business.
d.
Guidelines; Approval of Local Health Authority. Written guidelines
shall be established for the care of the site after piercing and shall
be approved by the local health authority. Each client shall receive
a written copy of the guidelines for care of body piercing sites.
e.
Proof of Immunity of Operator. Hepatitis B pre-exposure or proof
of immunity is required for all body piercing operators who use needles.
Any accidental needle stick injury shall be reported to the Health
Department. If a person cannot obtain the vaccination for medical
reasons, (s)he shall submit to the Health Department a letter from
his/her physician certifying that the individual does not have Hepatitis
B and the vaccination contraindicated.
f.
Training Program for Operator. All body piercing operators shall
attend a training program sponsored by the Health Department to assure
basic knowledge of sterile technique and universal precautions.
[Ord. #21-10]
a.
The operation of a body piercing establishment by the operator shall
be carried out in a clean, safe and sanitary manner so as to minimize
the danger of infection to the person being pierced, including, but
not limited to:
1.
Scrubbing hands with antiseptic and water.
2.
Gloves being worn during the procedure.
3.
Washing the area to be pierced with water and antiseptic liquid soap.
Requirements for the body piercing procedures shall be established
by the Health Department and a copy shall be given to each licensee
upon obtaining the annual license.
b.
All instruments shall be sterilized and maintained in a sanitary
manner. The sterilization shall include all instruments used for body
piercing, which shall be steam sterilized before use on any customer.
Needles shall be single use only. Other methods of sterilization shall
be approved by the local Health Department. The proper procedures
for sterilization and minimum guidelines for body piercing shall be
set forth in the rules established by the Health Department.
c.
The disposal of waste from this procedure shall be in accordance
with the statutes, rules and regulations established for the disposal
of medical wastes.
[Ord. #21-10]
All records and facilities of any establishment in which tattooing
or body piercing is performed, whether for compensation or not, shall
be open for inspection by the Town Health Officer, or such person
designated by the Department of Health, with or without notice.
[Ord. #21-10]
No person or operator of any establishment or other place where
tattooing or body piercing is performed, shall state, represent, warrant,
advertise or imply to a customer, potential customers or to the public
at large that the establishment is endorsed, regulated or approved
by the Town, or any department thereof, or is conducted in compliance
with the terms of this section.
[Ord. 2/45 § II; Ord. 3/15/82 § 1]
As used in this section:
Shall mean and include all so called electronic video games,
pin ball machines and all other types of amusement equipment or games,
by whatever name known.
[Ord. 2/45 § I]
The operation of all automatic amusement games of the type commonly
known and designated as bagatelle, baseball, or pin amusement games,
or similar machines or devices, operated, maintained or used in any
public or quasi-public place or in any building, store or other place
where the public is invited, or wherein the public may enter, and
particularly but not by way of limitation, all coin-operated automatic
amusement devices, of the type commonly known as bagatelle games,
baseball games or pin amusement games, or similar machines or devices,
operated, maintained or used as aforesaid, may be licensed by the
Town, and shall not be placed, operated, maintained or used within
the Town without first having obtained a license for that purpose;
provided, however, that no license shall be issued to any person who
shall have been convicted of a crime, or a violation of any Town ordinance
involving gambling, and provided further, that if a license has been
issued and the person to whom it has been issued shall thereafter
be convicted of a crime, or a violation of any Town ordinance involving
gambling, said license shall immediately be revoked by the Town.
[Ord. 2/45 § IV]
A separate application for each machine shall be filed on a
form to be furnished by the Town, which form shall show the name of
the applicant, post office address, whether or not the person making
the application has ever been convicted of a crime or a violation
of any Town ordinance involving gambling, and such other information
as the licensing committee shall deem necessary and proper, and the
fee for the license shall be payable with the filing of the application.
If the application is rejected, the fee is to be returned to the applicant.
The License Inspector shall have sole discretion as to the applicant
who shall receive a license. The license, when issued, shall be signed
by the License Inspector and countersigned by the Town Clerk, and
no license shall be issued without inspection by the Licensing Committee
or such member thereof as may be designated by it to make such inspection.
[Ord. 2/45 § III; Ord. 2/19/45]
The license for the placing, operation, maintenance or use of
such amusement devices or machines, mentioned aforesaid, shall be
issued to and in the name of the proprietor of the premises wherein
the machine is to be installed, and shall be issued for one year from
the date of such issuance, and the fee for the issuance of a license
shall be $50, for the period of one year, or any part thereof.
[Ord. 2/45 § V]
No device or machine as specified in this section shall be placed,
operated, maintained or used, until the license issued by the License
Inspector shall be affixed thereto, in a conspicuous place, so that
the same shall be easily and quickly identified. The license shall,
on its face, disclose the name and post office address of the licensee
and the amount of money required to operate the machine or device,
and shall briefly state that the machine or device to which the same
is affixed, is licensed for operation by the Town.
[Ord. No. 2/45 § VI]
The holder of a license shall be permitted to transfer the license
within the year for which it was issued to any other like machine
operated in the same premises in place of the machine from which the
license is transferred, the licensee, however, to immediately notify
the License Inspector of such purpose and to communicate to him the
type of machine.
[Ord. 2/45 § VII; Ord. 10/15/79 § 1]
No more than two machines or devices of any type shall be permitted
to be used or operated in any one place, location or premises.
[Ord. No. 2/45 § VIII]
Any person who shall use, or permit to be used, any of the machines or devices licensed hereunder, for the purposes of gambling, shall be deemed to be guilty of a violation of this section and shall be liable, upon conviction, to the penalty stated in § 1-5.
[Ord. 2/45 § IX; Ord. 10/15/79 § 1]
Any person who shall knowingly permit a minor under the age of 16 years to play or operate any of the machines or devices licensed by this section shall be deemed to be guilty of a violation of this section and shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. No premises shall be licensed within a radius of 200 feet of any school.
[Ord. 2/45 § X]
This section is enacted for the regulation and control of automatic
amusement games of the type commonly known and designated as bagatelle,
baseball or pin amusement games, or similar machines and devices.
[Ord. 2/45 § XI]
[Ord. 3/15/82 § 2]
Guttenberg is one of the most densely populated communities
in the State of New Jersey. As such, the concentration of large numbers
of persons in any one location in the Town which is in close proximity
to another location in the Town used for a similar purpose with similar
congestion could lead to an endangerment of the public safety and
welfare by reason of traffic, personal crowding, and parking congestion
of the streets and traffic control facilities as well as increased
noise, dirt, refuse and crowd control of the Town. In addition, the
concentration of large numbers of persons in public amusement structures
located closely together would create a threat to the safety and welfare
of the occupants of these structures in the event of an emergent police,
fire or safety condition requiring immediate simultaneous evacuation
of those structures. The regulation of the proximity of locations
of place of public amusement including, but not limited to mechanical
device amusement centers, arcade centers, so-called family amusement
centers, or places of similar activity, is necessary to promote and
protect the health, safety, morals and general welfare of the population
of the Town to limit noise, crowding, refuse and crowd control problems,
pollution and traffic.
Licensing and regulating such places of public amusement within
the Town is essential for the health, safety, welfare and protection
of the citizens of the Town.
[Ord. 3/15/82 § 2]
As used in this section:
Shall mean any person who leases or rents out or places under
any kind or type of arrangement one or more automatic or mechanical
amusement machines or devices designated in this section.
Shall mean any person who owns or operates individually or
otherwise one or more of the automatic or mechanical amusement machines
or devices designated in this section.
Shall mean and include corporations, companies, associations,
societies, firms, partnership and joint stock companies as well as
individuals, unless restricted by the context to an individual as
distinguished from a corporation.
Shall mean any mechanical device or contrivance which, by
means of the insertion of a coin, token, slug, pale, disc or other
article into a slot, crevice, opening or attachment connected with
or forming a part of any such device or contrivance, activates the
operation thereof for use as a game, entertainment or amusement, whether
or not registering a score. It shall include such devices known as
pinball machines, computer games, electronic games and all games,
machines, operations or transactions similar thereto under whatever
name they may be indicated.
Shall mean any place of public assemblage in which 20 or
more persons gather for purposes of amusement or entertainment including
but not limited to "game rooms", "arcades", ice skating rink, roller
rink, discotheque or disco parlor and places of similar import, but
excluding restaurants or other places where people gather for the
predominant purpose of consuming food or beverages, and excluding
any other type of use which is governed and regulated by existing
municipal ordinance or State law.
[Ord. 3/15/82 § 2]
a.
No person shall operate or conduct a place of public amusement as
heretofore defined, without having first obtained from the Town a
license to do so, and upon payment to the Town of an annual license
fee of $300 per machine or mechanical device. Each license shall expire
on February 1 of each year.
b.
Distributor's license fee shall be $1,500 per year.
[Ord. 3/15/82 § 2]
Applications for license shall be filed with the Licensing Department
of the Town setting forth the following information:
a.
The name, address, age and occupation of the applicant.
b.
Whether or not the applicant has ever been convicted of a crime or
violation of a municipal ordinance involving gambling.
c.
The address and exact location of the premises sought to be licensed,
together with a sketch indicating the exact dimensions and layout
of the proposed licensed area.
d.
Whether the applicant is owner or lessee of the premises.
e.
A brief sketch and description of the permanent entertainment facility
to be installed at the premises, showing numbers of machines or mechanical
devices to be installed.
f.
In the event the applicant is a corporation or partnership, the application
shall set forth the names and addresses of all persons interested
in the application, the officers and stockholders of the corporation
financing entities, and others with an interest; and whether or not
any of such persons has ever been convicted of a crime or violation
of a municipal ordinance involving gambling.
[Ord. 3/15/82 § 2]
a.
All such applications shall be accompanied by the appropriate license
fee as hereinabove set forth, together with a set of fingerprints
of any person to be employed on the premises or having an interest
therein, whether as owner, lessee, operator, manager or in any other
capacity, however employed. In the event that such application shall
be made by a corporation or partnership, the fingerprints shall be
submitted by each partner, officer and director, and financing entity,
thereof. Such application shall be submitted to the Mayor and Board
of Council to grant or deny the same by the adoption of an appropriate
resolution at the earliest regular meeting of the Mayor and Board
of Council; provided, however, the Licensing Department shall first
direct the application to be thoroughly investigated by the Chief
of Police and the Fire Chief. The results of such investigation by
each of the departments shall be made in writing, together with a
recommendation or approval or disapproval, as the case may be, and
submitted to the Mayor and Board of Council for its consideration.
b.
Any application which fails to conform to the requirements of this
section or which contains any misrepresentations shall constitute
sufficient grounds for the denial of the application, or should it
appear that any applicant or member of an applicant firm or corporation,
as herein set forth, has been convicted of a crime or a violation
of a municipal ordinance involving gambling, a license shall likewise
be denied to such applicant.
[Ord. 3/15/82 § 2]
a.
Each license shall entitle the licensee to conduct the licensed business
only at the location designated in the license and shall not be transferable
either as to person or premises, without application therefore addressed
to the Licensing Department in like manner as the application for
an original license.
b.
A license shall not be transferable from person to person nor from
place to place, and shall be maintained only at the place and by the
person designated in the license.
[Ord. 3/15/82 § 2]
a.
The license herein provided for shall be posted permanently and conspicuously
at the location of the machine in the premises wherein the device
is to operate or maintained to be operated.
b.
Such license may be transferred from one machine or device to another
similar machine at the same location after application and approval
by the Director of the Department of Public Safety to such effect
and the giving of the description and the serial number of the new
machine or device. Not more than one machine shall be operated under
one license and the applicant or licensee shall be required to secure
a license for each and every machine displayed or operated by him.
[Ord. 3/15/82 § 2]
Application for renewal of license shall be made with the Licensing
Department no later than January 1 of each year accompanied by the
required annual fee made payable to the Town.
[Ord. 3/15/82 § 2]
a.
The license may be suspended or revoked by the Mayor and Board of
Council for violation of any of the terms and provisions of this section
or for any other just and good cause; provided the licensee is likewise
served with notice of charges and given an opportunity to be heard.
b.
In the event any license is suspended or revoked, the licensee shall
not be entitled to the return of any portion of the license fee.
[Ord. 3/15/82 § 2]
Any premises which shall be declared to be unsafe or a fire
hazard by the written report of the Fire Department and fail to meet
the requirements for issuance of Certificate of Occupancy shall be
deemed to be ineligible for a license.
[Ord. 3/15/82 § 2]
a.
This section shall not apply to any premises for which a retail plenary
liquor consumption license has been theretofore issued, any duly incorporated
social club or association, religious, charitable, benevolent, or
non-profit association or corporation or fraternal organizations having
a membership in excess of 100 members. (Except that all such organizations
as described aforesaid must be bona fide in character and not intended
or created for the purposes of evading or defeating the regulations
prescribed by this section.) Such religious, charitable or other nonprofit
organizations shall be required, however, to comply with the terms
of this section in all other respects.
b.
This section shall not apply to any social event in a private residence
provided that no fee or cost, direct or indirect, is charged for same.
c.
This section shall not apply to events or amusements sponsored or
conducted by the Town.
[Ord. 3/15/82 § 2]
No premises licensed under the terms of this section shall be
operated unless there is in force a public liability insurance policy
to cover any injuries suffered as a result of the operation of the
licensed premises in the amount of not less than $100,000 for any
one occurrence and not less than $50,000 for injury to any one person
and including a clause to the effect that the policy cannot be canceled
during the license year without notification being given to the Town.
[Ord. 3/15/82 § 2]
The hours of operation of such licensed premises shall be between
9:00 a.m. and 11:00 p.m. except Friday and Saturday evenings of each
week, on which evenings the licensed premises may remain open until
12:00 midnight. However, children under the age of 16 years will be
forbidden to loiter in such premises or patronize same or play the
machines. Children ages 16 to 18 shall be forbidden by licensee, his
agents, servants, or employees, to play any video or other mechanical
devices or games between 9:00 a.m. and 3:30 p.m. when public or parochial
schools are in session.
[Ord. 3/15/82 § 2;
Ord. #007/01]
a.
Each existing place of public amusement shall be required to comply
with this section in the event it seeks to expand its present building
or structure to accommodate more than 10 persons in excess of its
present assembly capacity on the effective date of this section.
b.
Each existing place of public amusement which shall seek to relocate
its activities to another location in the Town or acquire additional
sites or locations within the Town shall be required to comply with
this section. In the event of additional sites or locations, the requirements
of this section shall only apply to the new site or location.
c.
Each person or entity seeking to establish a new place of public
amusement in a building or structure not heretofore authorized or
licensed by the Town for this activity shall be required to comply
with this section.
d.
Each place of public amusement shall provide private off-street parking
facilities of one car space nine feet wide and 20 feet in length for
every five persons or fraction thereof who shall be able to be accommodated
in the structure at any single assemblage (i.e., if the structure
is determined to accommodate 100 persons, then there shall be 20 off-street
private parking facilities), and the parking facilities shall be located
in the Town.
e.
The off-street private parking facility required in Subsection d shall be located within a two block radius from the site of the place of public amusement.
f.
A place of public amusement which is not presently located in a structure
which is presently licensed for that purpose by the Town shall be
prohibited from locating within a 1/4 mile radius of any other place
of public amusement as hereinbefore defined.
g.
The appropriate officials of the Town shall file with the License
Inspector a schedule listing the name and address of each place of
public amusement located within the Town and listing the number of
persons which can presently congregate in the structure on any single
occasion in compliance with fire safety and health standards codes.
h.
(Reserved)
i.
Each and every mechanical machine or device shall be located at least
20 feet from any entrance or exit so that it does not interfere or
obstruct the free and unfettered passage of patrons, invitees or users
of the game room.
[Ord. 3/15/82 § 2]
No person under the age of 18 years shall be employed in a licensed
premises.
[Ord. 3/15/82 § 2]
Proof of gambling in any licensed premises shall constitute
sufficient reason for the revocation of such license by the Mayor
and Board of Council; provided, however, that not less than five days'
written notice of hearing shall have been served upon the licensee,
either in person or by certified mail, return receipt requested, and
after the licensee shall have been afforded an opportunity to be heard
in his defense.
[Ord. 3/15/82 § 2]
No licensee, or any agent or employee of a licensee, shall allow,
suffer or permit or cause to be allowed, suffered or permitted;
a.
Any gambling in any form in or at the licensed premises.
b.
Any intoxicated or disorderly person to be admitted to the licensed
premises or to remain therein.
c.
Any entrance or exit to be locked during legal hours of operation.
d.
Any persons on licensed premises, other than during the hours set
forth herein, excepting those directly operating or employed in the
licensed premises.
e.
Any activity upon the licensed premises which is or may be detrimental
to the public health, safety, welfare or morals, or otherwise unlawful.
f.
Any person to cause noise or loudness of such nature as to disturb
the peace and quiet in, upon, and around the licensed premises.
[Ord. 3/15/82 § 2;
New]
[Ord. #005/05]
As used in this section, the following terms shall have the
meaning indicated:
Shall mean a machine consisting of a processor, storage medium,
monitor and input devices, such as mouse, keyboard and/or joystick,
with software to control the machine and allow for various programs
to reside on such system.
Shall mean any person who owns, leases, rents operates any
public access computer center on or at which any public access computer
is kept, placed or exhibited for use or operation by the public.
Shall mean any individual, firm corporation, partnership,
association or entity.
Shall mean any building, business, store, restaurant, tavern
or other place to which the public is invited or may enter.
Shall mean any computer for which payment of any price is
rendered to allow access to software programs and/or to the internet
or may be operated by the public generally.
Shall mean any premises having three or more public access
computers.
Shall mean any computer used to administer public access
computers.
[Ord. #005/05]
a.
No person shall keep, place or exhibit any public access computer
for use or operation by the public on or at any premises without first
obtaining an operator's license for said premises.
b.
Application.
1.
The application shall contain the following information:
(a)
The name, date, home address and business address, home telephone
number and business address and telephone number of the applicant.
(b)
The name, address and telephone number of the registered agent
of the applicant or person upon whom service of process is authorized
to be made.
(c)
The number and nature of machines to be maintained at each location.
2.
The application may be made, and the license may be approved subject
to the applicant obtaining a valid Certificate of Occupancy (CO) issued
to the present owner/occupant by the Office of Code Enforcement of
the Town of Guttenberg. The Town Clerk will not issue the license
to the applicant until such a valid CO is provided to the Clerk.
3.
The licensing fee for the number of computers indicated in the application
will be submitted upon presentation of the application and will be
refunded should the application be denied.
c.
The person operating the premises where the machine is located shall
be liable and responsible for the proper operation thereof, regardless
of whether or not he/she is the actual owner of the machine or has
rented the same, but this shall not in any way release the actual
owner of the machine or device from liability or responsibility for
violation of this section or any ordinance of the Town of Guttenberg.
d.
No operator's license shall be transferable from operator to operator
nor from place to place by an operator of public access computers.
It shall be valid only at the location and by the operator designated
in the license.
[Ord. #005/05]
a.
A public access computer center is required to implement rules and
regulations to prevent users from violating Federal, State and/or
local laws and to prohibit minors from accessing gambling or pornographic
sites. Said rules and regulations shall be posted conspicuously in
the public access computer center, and patrons will be required to
sign an acknowledgement of receipt of the rules and regulations prior
to their use of said facility. If the patron is a minor, then said
acknowledgement shall be signed by the minor's parent or guardian.
b.
Public access computer centers shall be required to monitor each
user's Internet use to insure that the user is not violating any of
the rules and/or regulations established by the public access computer
center and to enforce the same.
[Ord. #005/05]
a.
The operator shall not permit, suffer or allow any person to be or
gamble in any form or manner on the licensed premises and shall prevent
any immoral or illegal conduct or activity from occurring.
b.
No operator shall knowingly permit, suffer or allow the unlawful
sale or consumption of alcoholic beverages upon the licensed premises.
c.
No operator shall permit the operation of any public access computer
between 1:00 a.m. and 6:00 a.m.
d.
The operator shall at all times maintain good order upon the licensed
premises and shall not permit, suffer or allow any disturbance, congestion
or loitering upon the licensed premises.
e.
No device shall be operated in such a manner as to be heard outside
the public access computer center.
f.
No song shall be played or words spoken on any device in a public
access computer center, which violates the obscenity statutes of the
State of New Jersey, including but not limited to N.J.S.A. 2C:34-1
et seq.
g.
No device in a public access computer center shall be permitted to
cause any unnecessary or unwanted noise or commotion nor otherwise
interfere with the public health, welfare and morals.
h.
Licensee may organize competitions for accomplishing a skill level
with programs offered on the public access computers. These may in
no way be games of chance or involve gambling of any kind.
i.
No public access computer shall be located in a back room nor in
any part of the licensed premises which is not open to the general
public.
j.
No licensee nor any of his/her agents, officers or services shall
by threats, promises or intimidation seek to control or direct the
placement or removal of any device or to control the placement of
any such device from any location within Town of Guttenberg, and any
such threats, promises or intimidation shall be reported immediately
to the Police Department and to the Town Clerk.
k.
No licensee shall neglect or fail to report promptly to the Police
Department and Town Clerk any violation of any law or ordinance occurring
on the licensed premises, nor shall any licensee neglect or fail to
report promptly to the Town Clerk any conduct or activity prohibited
by this chapter.
l.
Each licensee or operator shall promptly report, in writing, to the
Town Clerk any change or addition or deletion of the information furnished
on the license application and all material attached thereto, and
this obligation shall be a continuing obligation during the term of
any license or the renewal thereof.
m.
No licensee shall refuse to cooperate fully with all Town officials
or any law enforcement officer or agency, nor shall any such licensee,
operator and/or owner-operator refuse to produce and make available
all records relating to the purchase or distribution of such devices.
No such licensee and/or operator shall refuse access to its premises
to the Town Clerk nor to any member of the Departments of Police,
Fire, Health or Housing, nor to any law enforcement officer or agency.
All public access computers licensed by the Town of Guttenberg must
be available at all times during licensure for hard drive inspection
by an authorized representative of the Town Clerk. No public access
computer shall be fastened, locked or secured in such a manner that
the licensee or person in charge of the licensed premises cannot immediately
provide access to the hard drive and directories of said machine upon
the request.
n.
Aisles and exit corridors in a public access computer center shall
be maintained in accordance with the Building and Fire Codes of the
Town of Guttenberg.
[Ord. #005/05]
a.
Each license, when issued, shall designate the number of public access
computers operated on the premises.
b.
The licensee shall supply to the Town Clerk the serial numbers or
other identifying information regarding the public access computers
located on the premises.
c.
All license fees shall be paid to the Town Clerk prior to the issuance
of the license, and all licenses issued hereunder shall be issued
for a term of one year commencing on July 1 and expiring on June 30
next following.
d.
Each license issued shall be posted prominently and conspicuously
in the licensed premises.
[Ord. #005/05]
The fee schedule for this section shall be on an annual basis
the payment to the Town of $125 for the first computer and $25 for
each additional computer in the Public Access Computer Center.
[Ord. #005/05]
Every license issued hereunder is subject to revocation if any
of the following occur:
a.
The violation of any of the provisions of this section.
b.
Any misstatement or omission in the license application or in any
information submitted therewith or the failure to notify in writing
the Town Clerk of any changes by addition or deletion or amendment
to said application or information during the term of said license
or renewal.
c.
A license issued pursuant to this section may be revoked by the Mayor
and Council after a hearing. The licensee shall be given 10 days'
notice of said hearing, and such notice shall state the ground or
grounds for the revocation of the license. At such hearing, the licensee
may submit relevant information on his behalf. The rules of evidence
shall not apply to such hearing; however, the licensee and the Town
officials shall be afforded the opportunity to present testimony and/or
documents in support of their respective positions. Any appeal from
the decision of the Mayor and Council shall be to the Superior Court
of New Jersey.
[Ord. #005/05]
No license under this section shall be issued to any applicant
who is under 21 years of age.
[Ord. #005/05]
The owner of any premises in which a license for one or more
public access computers is required shall be required to keep on file
each application for a license. Such information shall be kept on
file in an orderly fashion in a location known to all owners of said
premises and personnel who are employed in said premises. Upon request
by any law enforcement official of the Town of Guttenberg, any owner
of said premises or any employee at said premises shall furnish such
information to said law enforcement official.
[Ord. #005/05]
Every person seeking licensure hereunder shall comply with all
State statutes, municipal ordinances and regulations prior to receiving
a license or licenses hereunder.
[Ord. #005/05]
[Ord. 2/1/60 § 1]
As used in this section:
Shall mean any commercial establishment within the Town where
the washing and/or drying of wearing apparel or other textiles or
laundry is done by the customer directly or where such washing and/or
drying is done by employees of the establishment and the articles
washed and/or dried are taken away by the customers and shall apply
to such establishments whether the laundry is automatic or semi-automatic
and coin-operated or operated by employees of the establishment, but
shall not apply to residential buildings where coin-operated machines
are supplied for the convenience of residents only of the building.
[Ord. 2/1/60 § 1]
a.
The inspection, licensing and regulation of such establishments as
respects fire hazards shall have particular regard, among other things,
to the installation and operation of such establishments and the equipment
therein with respect to fire safety and prevention including adequacy
of electrical wiring and safe operation to eliminate and prevent the
likelihood of fire and to promote the discovery and combating of fire
and fire hazards.
b.
The inspection, licensing and regulation of such establishments as
respects public safety hazards shall have particular regard, among
other things, to the installation and operation of such establishments
and the equipment therein with respect to public safety of all persons
lawfully within such establishments at any time from any hazards to
safety as regards the operation of the equipment therein or other
hazards or dangers growing out of the establishment and operation
of such business and the prompt discovery of injury and the promotion
of prompt assistance to injured or threatened persons therein.
c.
The inspection, licensing and regulation of such establishments as
respects health hazards shall have particular regard, among other
things, to the installation and operation of such establishments and
the equipment therein with respect to the prevention of all dangers
or hazards to health and the prevention and suppression of conditions
of uncleanliness, odor, vibration, noise, the possible spreading of
disease and the promotion of prompt discovery, elimination and alleviation
of all matters or things affecting the health of the neighboring premises
and the community, including customers and employees of the establishment.
d.
The inspection, licensing and regulation of such establishments as
respects law enforcement hazards shall have particular regard, among
other things, to the installation and operation of such establishments
and the equipment therein with respect to the prevention of crime
and disorderly conduct in and about the premises, particularly the
protection of women and children in and about the premises, be they
customers or employees and the prompt discovery and the protection
against all threatening crime and disorderly conduct and the promotion
of effective police action in the event of same. Each such establishment
shall be so physically arranged as to afford adequate lighting throughout
and a clear, unobstructed view of the entire premises from the nearest
street on which the premises abut.
[Ord. 2/1/60 § 2]
It shall be unlawful for any person to establish, maintain,
operate or use in any place where the public is invited any laundromat
or launderette without first obtaining a license for the premises
and the washing machines and drier machines therein from the Board
of Health as hereinafter provided.
[Ord. 2/1/60 § 3;
Ord. #20-11]
Licenses shall be applied for upon application showing the name
of applicant and all partners and stockholders with their resident
addresses; the location of the premises to be licensed; the number
of machines to be licensed, and such other information as the Board
of Health may deem necessary under the standards above set forth with
respect to fire, safety, health and law enforcement hazards which
license or renewal thereof shall be for one year and shall expire
on July 1 of each year. A license fee of $250 plus $25 for each machine
to be licensed, whether it be a washer or a drier, shall accompany
each application for license or renewal, payable upon filing of application.
[Ord. 2/1/60 § 8]
The Health Department or its duly authorized agent may suspend
or revoke any license issued hereunder for a violation of any of the
provisions hereof or any regulation or order of the Board of Health
made to expedite or perform or carry out the provisions of this section,
provided the licensee shall have notice of such rule or regulation
or of the violation for which the license is to be revoked, in which
case the licensee shall be given an opportunity to show cause to the
Board of Health why the license should not be suspended or revoked
or that the violation has been corrected. Any licensee whose license
has been suspended or revoked may appeal such suspension or revocation
to the Mayor and Board of Council for review at which the Mayor and
Board of Council may affirm, modify or reverse the findings and action
of the Board of Health. The Board of Health shall have the power to
promulgate such rules and other regulations as may be necessary to
effectuate and enforce the performance of this Ordinance with respect
to all of the hazards and other matters provided for herein.
[Ord. 2/1/60 § 4]
All places used as laundromats or launderettes shall conform
to the Sanitary Code and Uniform Construction Code of the Town and
other relevant State and local ordinances as determined by prior inspection
and approval of the Guttenberg Board of Health. Also required prior
to approval shall be favorable report of the Fire Department and Police
Department under the above standards. Inspection and approval shall
be a condition precedent to the issuance of any license or renewal
thereof.
[Ord. 2/1/60 § 5]
No laundromat or launderette shall be conducted in any building
devoted exclusively to any residential occupation or use except that
the washing, laundering and drying facilities may be used provided
same are for the sole convenience and services of bona fide residents
of that building without services to any other member of the public.
Such facilities in residential buildings shall be established, maintained,
operated and used, as near as may be, to the conditions and regulations
set forth under this ordinance but licenses therefor shall not be
required.
[Ord. 2/1/60 § 6]
No laundromat or launderette shall be open for business between
the hours of 11:00 p.m. and 7:00 a.m., prevailing time, unless the
owner or operator of the business shall employ and have continuously
present on the premises during the hours a person familiar with the
operation of all equipment upon the premises.
[Ord. 2/1/60 § 7;
New]
No laundromat or launderette shall operate at anytime unless
the license is posted in a conspicuous place upon the premises and
unless the name, address and telephone number of the owner or operator
or of a duly authorized agent of the owner or operator who may be
contacted in an emergency is conspicuously posted on the premises
and this information is kept on current file with the Police and Fire
Departments.
[Ord. 2/1/60 § 9]
[Ord. #16-13]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any business offering the activity of structured
touch which includes holding, applying pressure, positioning and mobilizing
soft tissue of the body by manual technique and use of visual, kinesthetic,
auditory and palpating skills to assess the body for purposes of applying
therapeutic massage, body work or somatic principals. Such application
may include the use of therapy such as heliotherapy or hydrotherapy,
the use of moist hot and cold external applications, external application
of herbal or topical preparations not classified as prescription drugs,
explaining and describing miofascial movement, self-care and stress
management as it relates to massage, body work and somatic therapies.
Massage, body work and somatic therapy practices are designed to affect
the energetic systems of the body for the purpose of promoting and
maintaining the health and well being of the client. Massage, body
work and somatic therapies will not include the diagnosis or treatment
of illness, disease, impairment or disability.
[Ord. #16-13]
a.
It shall be unlawful to operate any massage parlor in the Town of
Guttenberg, County of Hudson, State of New Jersey, without first obtaining
a license therefor. The owner of a massage parlor desiring a license
shall make written application to the Municipal Clerk of the Town
of Guttenberg, County of Hudson, State of New Jersey, setting forth
the name of the applicant, location of the places sought to be licensed,
whether or not the applicant is registered by the New Jersey State
Department of Health and any other facts which the Municipal Clerk
may consider pertinent. Each such application shall forthwith be transmitted
to the Health Officer of the Town of Guttenberg for investigation
and the Health Officer shall within 30 days thereafter, endorse its
approval or disapproval or additional questions on the application.
Upon approval by the Health Officer, the license to operate massage
parlor shall be issued by the Municipal Clerk. There shall be a paid
fee for each license as established by the Town of Guttenberg fees
which sum will accompany the application, and be returned if the license
is not granted.
b.
Any application which fails to conform or to comply with the requirements
of this section or which contains any misrepresentations shall constitute
sufficient grounds for the denial of the application and any license
which may be issued with an intentional misrepresentation contained
in the application shall be subject to suspension or revocation in
addition to penalties hereinafter mentioned.
c.
Each such license shall become effective January 1 of any given year
and will be renewable by mail annually.
d.
Annual Fee. The applicant shall pay a $500 fee upon filing an initial
application for the operation of a business engaged in providing massage
therapy services and any individual applicant (as opposed to a business
entity) who wishes to be licensed for massage therapy purposed under
this section shall pay an initial application fee of $100. All licenses
shall be valid for a period of one year and may be renewed for additional
one-year period upon the filing of a new application which must comport
with the requirements of this section. All provisions of this section,
including the requirement of filing fees, shall apply to renewals
in the same manner as they apply to applications for initial licenses,
e.
These licenses are not transferable.
f.
It shall be unlawful for any person to engage in the massage and/or
somatic therapy business without a license pursuant to this subsection,
in violation of any requirement set forth in this section.
g.
No person shall be engaged or employed (every business entity and
each person employed by that entity or performing massage therapy
services at the business location of that entity shall be required
to obtain a license pursuant to this section) in the Town of Guttenberg
as a massage or somatic therapist for which any form of compensation
is charged or accepted, without first obtaining a license from the
Municipal Clerk of the Town of Guttenberg. The license, when issued,
shall be personal and shall not be constructed or construed to grant
a Certificate of Occupancy or approval for the use of any premises
or location for the provision of massage therapy services.
h.
Requirements for Massage Parlor Licenses. A license shall not be
issued to a business entity or person unless he/she/it meets the following
conditions:
1.
Owners, corporate officers, partners, limited liability members submit
a completed application as required by this section.
2.
Is at least 18 years of age.
3.
Is licensed/certified pursuant to N.J.S.A. 45:11-53 et seq. (the
Massage, Body Work and Somatic Therapy Certification Act) and regulations
promulgated thereto.
4.
Submits a certification in lieu of licensure pursuant to that Act.
5.
Submits a certification from a duly licensed physician of the State
of New Jersey stating that the applicant is free from contagious and
communicable disease, dated within 30 days of the date of the application.
6.
Applicant submits three recent photographs that shall be approximately
two inches by two inches showing the head and shoulders of the applicant
in a clear and distinguishing manner. Each applicant shall be fingerprinted
by the Director of Public Safety or his designee and shall undergo
a background check by the Police Department, which cost shall be borne
by the applicant. The applicant completes an application in a form
maintained on file with the Municipal Clerk, Town of Guttenberg.
7.
The applicant has not been convicted or pled guilty to violating
any provisions of the Criminal Code included in N.J.S.A. 2C:34-1 et
seq. and/or N.J.S.A. 2C:14-2 or their equivalent in another jurisdiction.
8.
Has not made a false statement in connection with an application
for licensure under this section.
[Ord. #16-13]
Every owner of a massage parlor upon request of the Board of
Health shall furnish to the Health Officer the names and addresses
of any person, firm or corporation supplying them with any item that
is used in its establishment for the purpose of enabling the Health
Officer to examine the sanitary and hygienic conditions under which
said materials are handled.
[Ord. #16-13]
Every massage parlor upon request of the Health Officer shall
contain hot and cold running water.
[Ord. #16-13]
It shall be unlawful to wash or dry in the licensed premises
any towels that were used or that have come into contact with a patron.
It shall be unlawful to use covering cloths on more than one person
successively, except when either a clean towel or a paper neck is
applied next to the skin between each covering cloth and the skin
to prevent contact of the skin with such covering cloth.
[Ord. #16-13]
All massage parlors shall have a sign not less than 18 inches
wide by 16 inches long on which shall be prominently stated the hours
of the premises. The said sign shall be displayed in such a manner
that all persons frequenting the said location shall have an unobstructed
view thereof.
[Ord. #16-13]
a.
The Health Officer or his/her designee shall enter said premises
at any time with no advance warning. The premises must be inspection
ready at all times. The Health Officer, Public Health Investigator,
Guttenberg Police Department are the other authorities that may enter
said premises for complaints or general inquiries. All findings will
be reported to the Health Officer as soon as possible.
b.
Each massage parlor will be inspected at least one time annually,
where a certificate of inspection (pass or fail) will be posted. This
certificate must be posted in clear view of all patrons entering said
locations.
c.
At which time an inspection is made and it is found to be of unsatisfactory
condition, it will put the said location on notice and schedule a
reinspection and a reinspection fee of $40 will be charged.
[Ord. #16-13]
All licenses issued by the Municipal Clerk must be posted and
available to all patrons entering said location. In the locations
where there is additional licensing (by the State of New Jersey),
all individual licenses of operators and owners must be posted at
the said premises and must be valid. (The personal information that
is on the license may be blocked out, but must be accessible to the
inspecting individual.)
[Ord. #16-13]
In the event that any applicant for a license shall have been
refused a license or in the event that any license shall have had
his/her license revoked or suspended by the Health Officer, said person
shall have the right and privilege to appeal from such refusal to
grant license or suspension or revocation of license to the Municipal
Clerk of the Town of Guttenberg provided however that not less than
14 days' written notice of such appeal shall have been served upon
the Municipal Clerk either in person or registered mail return receipt
requested and a date of hearing before the Municipal Clerk shall be
fixed no later than 30 days after the receipt of said notice of appeal.
Thereupon the Municipal Clerk shall notify said person of the place,
date and time of hearing.
[Ord. #16-13]
Any massage parlor that violates any part of this section shall
be fined as follows and be paid within 10 days of said violation.
|
1st offense
|
$100
|
|
2nd offense
|
$250
|
|
3rd offense
|
Not more than $500 (3rd violation requires a review meeting
with the Health Officer)
|
If licensee fails to correct any violation within the given
time period, the license may be revoked until such corrections are
made.
[Ord. #16-13]
A licensee shall not perform:
a.
Colonic irrigation;
b.
Prostate massages;
c.
Vaginal or penile massages;
d.
Decongestive therapy;
e.
Manual lymph drainage used as part of decongestive therapy;
f.
Animal therapies prohibited by the Veterinary Medical Act, N.J.S.A.
45:16-1 et seq.;
g.
Any application of electrical current to the body;
h.
Ultrasound therapy; and
i.
Treatment or diagnosis of illness, disease, impairment or disability.
[Ord. #16-13]
It shall be unlawful for any licensee to operate any establishment
as a massage parlor or any similar type business where any physical
contact by the licensee or any employee of the licensee is provided
resulting in sexual misconduct. Sexual misconduct shall be defined
as follows:
a.
The purpose of this subsection is to identify licensee's conduct
which shall be deemed sexual misconduct.
b.
CLIENT
CLIENT-THERAPIST RELATIONSHIP
SEXUAL CONDUCT
SEXUAL CONTACT
SEXUAL HARASSMENT
SPOUSE
As used in this subsection, the following terms have the following
meanings unless the context clearly indicates otherwise:
Shall mean any person who is the recipient of massage, bodywork
or somatic therapy.
Shall mean a relationship between a licensee and a client
wherein the licensee owes a continuing duty to the client to render
massage, bodywork or somatic therapy services consistent with his
or her training and experience.
Shall mean the knowing touching of a person's body directly
or through clothing, where the circumstances surrounding the touching
would be construed by a reasonable person to be motivated by the licensee's
own prurient interest or for sexual arousal or gratification.
Shall mean and include, but is not limited to, the imposition
of a part of the licensee's body upon a part of the client's body,
sexual penetration, or the insertion or imposition of any object or
any part of a licensee or client's body into or near the genital,
anal or other opening of the other person's body. "Sexual contact"
does not include the touching of a client's body which is necessary
during the performance of a generally accepted and recognized massage,
bodywork or somatic therapy procedure.
Shall mean solicitation of any sexual act, physical advances,
or verbal or nonverbal conduct that is sexual in nature, and which
occurs in connection with a licensee's activities or role as a provider
of massage, bodywork or somatic therapy services, and that either:
is unwelcome, is offensive to a reasonable person, or creates a hostile
workplace environment, and the licensee knows, should know, or is
told this; or is sufficiently severe or intense to be abusive to a
reasonable person in that context. "Sexual harassment" may consist
of a single extreme or severe act or of multiple acts and may include,
but is not limited to, conduct of a licensee with a client, co-worker,
employee, student or supervisee whether or not such individual is
in a subordinate position to the licensee.
Shall mean the husband, wife or fiancee of the licensee or
an individual involved in a long-term committed relationship with
a licensee. For purposes of the definition of "spouse," a long-term
committed relationship means a relationship which is at least six
months in duration.
c.
A licensee shall not engage in sexual contact with a client with
whom he or she has a client-therapist relationship. The client-therapist
relationship is ongoing for purposes of this subsection, unless the
last massage, bodywork or somatic therapy was rendered more than three
months ago.
d.
A licensee shall not seek or solicit sexual contact with a client
with whom he or she has a client-therapist relationship and shall
not seek or solicit sexual contact with any person in exchange for
professional services.
e.
A licensee shall not engage in any discussion of any intimate sexual
nature with a person with whom the licensee has a client-therapist
relationship, unless that discussion is directly related to a proper
massage, bodywork or somatic therapy purpose. Such discussion shall
not include disclosure by the licensee of his or her own sexual relations.
f.
A licensee, shall provide privacy and therapy conditions which prevent
exposure of the unclothed body of the client. Appropriate draping
measures shall be employed to protect the client's privacy.
g.
A licensee shall not engage in sexual harassment either within or
outside of the professional setting.
h.
A licensee shall not engage in any other activity which would lead
a reasonable person to believe that the activity serves the licensee's
personal prurient interests or which is for the sexual arousal, or
sexual gratification of the licensee or client or which constitutes
an act of sexual abuse.
i.
Nothing in this subsection shall be construed to prevent a licensee
from rendering massage, bodywork or somatic therapy to a spouse, providing
that the rendering of such massage, bodywork or somatic therapy is
consistent with accepted standards of massage, bodywork or somatic
therapy and that the performance of therapy is not utilized to exploit
the spouse for sexual arousal or sexual gratification of the licensee.
[Ord. #16-13]
No part of any quarters of any massage and/or somatic therapy
business shall be used for or connected with any bedroom or sleeping
quarters, nor shall any person sleep in such massage and/or somatic
therapy business except for limited periods incidental to and directly
related to a massage or bath. This provision shall not preclude the
location of a massage and/or somatic therapy business in a separate
quarters of a building housing a hotel or other separate business
or clubs.
[Ord. #16-13]
[Ord. #16-13]
A license shall be issued for one calendar year beginning with
the year in which the license was issued.
[Ord. #16-13]
All licenses issued hereunder shall be exhibited in a prominent
place inside the business establishment.
[Ord. #16-13]
a.
The conviction of any applicant or licensee of any criminal offense,
quasi-criminal offense or sanitary code violation related to the licensee's
business, or any sex-related offense may constitute a forfeiture of
the license and said license shall be deemed revoked.
b.
Each licensee shall be deemed responsible for a clean and safe business
operation on the premises. The violation of any law at said premises
or any provisions of this section may be grounds for the revocation
of the license to operate massage therapy on the premises.
[Ord. #16-13]
a.
Licenses issued under this section may be revoked by the Town Clerk,
Town Administrator, Construction Code Official or Director of Public
Safety for violations of any terms or conditions of this section.
b.
Notice of an informal hearing for revocation of a license before any of the individuals identified in Subsection a above, shall be given in writing setting forth the grounds of complaint and time and place of hearing. Such notice shall be served personally upon the licensee or mailed by registered letter to the licensee at his last known address at least five days prior to the date set for hearing.
c.
In the event of a revocation of license, the Town Clerk, Town Administrator,
Construction Code Official or Director of Public Safety shall report
his/her findings and reasons therefor to the applicant/licensee in
writing.
[Ord. #16-13]
The applicant or licensee may appeal any denial or revocation
of a license within 30 days of receiving written notice of such denial
or revocation by submitting to the Municipal Clerk a written request
for a hearing by the Mayor and Council. The Mayor and Council shall
hold a hearing within 45 days within the date of request for a hearing.
The Mayor and Council shall issue a decision to the applicant or licensee
within 10 days of its decision or within 45 days of the hearing whichever
is sooner. The time provided may be extended and/or waived on a mutually
agreeable basis by the Mayor and Council and the applicant and/or
licensee.
In the event of any appeal, the license will remain in effect
until the Mayor and Council renders its discussion.
[Ord. #16-13]
a.
The Town of Guttenberg may, in lieu of revocation, impose a fine
or suspend a license. The fine may not exceed $1,250. Each day the
violation is committed or permitted to continue shall constitute a
separate offense and each day shall be subject to such a fine.
b.
A violation of any section of this section may also be grounds for
revocation of any license, certificate of occupancy or permit issued
by the Town for the premises.
[Ord. #16-13]
This section is intended to be read in pari materia with any
and all State regulations appertaining to the same or similar subject
matter, including, but not by way of limitation, any and all regulations
established by the Massage, Bodywork and Somatic Therapy Examining
Committee operating under the New Jersey Board of Nursing (P.L. 1999,
c, 19, approved February 8, 1999, Assembly Bill No. 843).
[Ord. #16-13]
All ordinances or parts of ordinances inconsistent herewith
are repealed as to such inconsistencies.
[Ord. #16-13]
If any subsection, sentence, clause, phrase or portion of this
section is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not affect
the validity of the remaining portions thereof.
[Ord. #16-13]
This section shall take effect upon passage and publication
as provided by law and shall be applicable to any new applications
or renewal applications for existing massage therapy establishments.[1]
[1]
Note: Ordinance No. 16-13, codified herein, was adopted June
24, 2013.
[Ord. 4/22/45 § 6]
As used in this section:
Shall mean any building in which an embroidery machine or
machines, or a knitting machine or machines are used or operated.
Shop and mill shall be of the same meaning as "plant," above.
[Ord. 4/22/46 § I]
In order to permit fullest employment in the embroidery and
knitting goods industries, to protect residents of the Town against
the disturbance of their rest at night, by the operation of the industries
under certain conditions, and also in order to protect the health
and morals of the employees employed in the manufacturing establishments
known as the knitting goods and embroidery industries; no embroidery
shop and no knitting mill shall operate such shop or mill or employ
any person in such shop or mill before the hour of 7:00 a.m. and after
the hour of 11:00 p.m., without procuring a license in the manner
hereinafter set forth and complying with the regulations provided
for in this section.
[Ord. 4/22/46 § II]
Any person desiring to operate any embroidery shop or knitting
mill in the Town between the hours of 11:00 p.m. and 7:00 a.m. shall
make application therefor to the Mayor and Board of Council, and the
body, after due and proper investigation, may direct the Clerk to
issue a license therefor, which license shall remain in effect until
May 1 after the date of issuance, subject to revocation for violation
of the provisions of this section, or the rules or regulations laid
down by the Mayor and Board of Council for the operation of the industries
during the prescribed period. The license fee for embroidery shops
shall be the sum of $100 for each 15 yard machine therein contained
and the sum of $75 for each 10 yard machine therein contained. The
license fee for knitting mills shall be $250. The licenses shall run
from May 1 in each year to May 1 in the succeeding year.
[Ord. 4/22/46 §§ III,
X]
In the operation of an embroidery shop or knitting mill between
the hours of 11:00 p.m. and 7:00 a.m. and before a license is issued,
the governing body shall give consideration to the following factors:
the black-out of lights in the plant; the sound proofing of walls
in the interior of the plant; the air conditioning of the plant; the
ability of the manufacturer to keep all windows in the plant closed,
so as to eliminate any noises emanating from the plant and annoying
persons residing in the adjacent properties, and the absence of undue
vibration.
If upon investigation, the Mayor and Board of Council shall
be of the opinion that the operation of the plant shall not affect
the health and welfare of the citizens of the Town or the employees
of the plant, they shall direct the Clerk to issue the license.
The license hereinabove prescribed shall be issued by the Town
Clerk upon direction of the Mayor and Board of Council upon such forms
and applications as may be prescribed.
[Ord. 4/22/46 § VII]
Mayor and Board of Council may rescind or revoke the license
issued under this section upon satisfactory proof that the operator,
owner or employees of the plant have not taken such steps as may be
necessary to eliminate undue vibration or the emission of light or
noise from the plant, or have not taken adequate and proper steps
for the protection and safeguard of the employees working in the plant
or factory during the evening period governed by the license, or have
violated the regulations promulgated by the Mayor and Board of Council,
concerning the premises.
[Ord. 4/22/46 § VIII]
The Mayor and Board of Council are hereby authorized to appoint
a committee of one or more persons who may be either a member of the
body or a member of the Police Department or Board of Health to make
investigations in behalf of the Board and to report the findings thereof
to the body and also to institute and prosecute in behalf of the Board
any action required to be taken under this section. The Committee
shall be designated as the "Committee on Industry."
[Ord. 4/22/46 § IV]
The Mayor and Board of Council may promulgate such regulations
as shall be deemed necessary for the operation of such plants during
the period of time covered by the license, and the licensee shall
comply therewith. The failure to comply therewith shall be deemed
to be a violation of the provisions of this section and shall be punishable,
upon conviction, in the manner hereinafter specified, in addition
to subjecting the license to cancellation or revocation.
[Ord. 4/22/46 § V]
If upon inspection of the licensed premises, the Committee appointed
by virtue of the authority of this section shall determine that the
operation of the plant during the licensed hours shall be injurious
to the health and welfare of the citizens of the Town or the employees
of the plant, said Committee may direct what steps shall be taken
to correct the violation and the licensee shall immediately comply
therewith; if no steps can be taken which will eliminate the violation,
the licensee shall cease and desist from operating the plant during
the licensed hours until the further order of the Mayor and Board
of Council.
[Ord. 4/22/46]
a.
No radio or other musical instrument shall be played or operated
during the hours between 11:00 p.m. at night and 7:00 a.m. in any
embroidery shop or knitting mill operating under a license issued
pursuant to the provisions of this section.
b.
In the operation of any plant, during the hours specified, vibration
shall be kept at a minimum.
c.
During the hours specified in this section, the windows in the plant
shall remain closed so as to prohibit the emission of any noise from
the plant.
d.
During the hours of operation of the plant, the windows shall be
covered or otherwise blacked out so as to prohibit the emission of
light from the plant.
e.
Air-conditioning of such plant is recommended and shall be installed
if reasonably possible.
f.
Insulation of the plant so as to deaden noise within the plant and
to keep the same at a minimum on the outside of the plant is recommended
and shall be installed if reasonably possible.
g.
Licensee shall comply with the directions of the Committee on Industry
for the purpose of eliminating noise, the emission of light and vibration.
Inspection of the plant is required whenever recommendations are made.
[Ord. 4/22/46 § IX]
Any person who shall operate an embroidery shop or knitting mill of any kind whatsoever between the hours of 11:00 p.m. and 7:00 a.m. without a license as prescribed by this section or who shall violate any of the provisions of this section or the regulations propounded hereunder shall be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 16-2016]
As used in this section:
Shall mean any place wherein any person, firm or corporation
represents to the public that the person, firm or corporation is engaged
in the occupation or business of shaving, clipping, cutting, shampooing
or trimming of hair and/or the massaging of the faces or scalps of
the patrons thereof.
Shall mean any place wherein any person, firm or corporation
represents to the public that the person, firm or corporation is engaged
in the occupation or business of waxing, clipping, threading, cutting,
dyeing, shampooing or trimming of hair and/or the massaging of the
faces or scalps of the patrons thereof.
Shall mean any place wherein any person, firm or corporation
represents to the public that the said person, firm or corporation
is engaged in the occupation or business of clipping and styling nails
of the hands and feet.
Shall mean any person, firm or corporation.
[Ord. No. 16-2016]
a.
It shall be unlawful to operate any barbershop, beauty and nail salon in the Town of Guttenberg, County of Hudson, without first obtaining a license therefor. The owner of a barbershop, beauty and nail salon desiring a license shall make written application to the Building Department of the Town of Guttenberg or its representatives, setting forth the name of the applicant, the location of the places sought to be licensed, whether or not the applicant is registered by the New Jersey State Department of Health and any other facts which the Building Department of the Town may consider pertinent. Each such application shall be forthwith transmitted to the Building Department or assigned representatives for investigation, and the Building Department shall, within seven days thereafter, endorse its approval or disapproval on the application. Upon approval, the license to operate a barbershop, beauty and/or nail salon shall be issued by the Building Department. There shall be paid for each license a fee, as established by § 4-50 which sum shall accompany the application and be returned if the license is not granted.
b.
Any application which fails to conform or to comply with the requirements
of this section or which contains any misrepresentations shall constitute
sufficient grounds for the denial of the application; and any license
which may be issued upon any misrepresentation contained in the application
shall be subject to suspension or revocation in addition to penalties
hereinafter mentioned.
c.
Each such license shall become effective on the first day of January
of each year and shall be renewed annually.
d.
Any person who shaves, clips, cuts, shampoos or trims hair and/or
massages faces or scalps in a barbershop; any person who waxes, clips,
cuts, dyes, shampoos, threads or trims hair and/or massages faces
or scalps in a beauty salon; any person who clips and/or styles nails
of the hands or feet in a nail salon shall apply for a license on
an annual basis, and the fee for said license shall be $50.
[Ord. No. 16-2016]
No person shall be in charge of or operating a barbershop, beauty
and/or nail salon, or be employed therein, if said person is suffering
from any sexually transmitted disease, tuberculosis or any other infectious,
contagious or communicable disease.
[Ord. No. 16-2016]
Every owner of a barbershop, beauty and/or nail salon, upon
request of the Health Officer or approved representatives, shall furnish
to the Health Officer or its representatives the name and address
of any person, firm or corporation supplying linens, towels or equipment
used in said barbershop, beauty and nail salon for the purpose of
enabling the Health Officer or approved representatives to examine
the sanitary and hygienic conditions under which said materials are
handled.
[Ord. No. 16-2016]
It shall be unlawful for any person employed in a barbershop,
beauty and/or nail salon to shave any person or perform any barbering
service when the area to be shaved or otherwise treated is inflamed,
or contains pus, or in any way gives indication of the possibility
of communicating or spreading disease, unless such person is provided
with his own equipment or apparatus for the rendition of the barbering
service required and such personally provided equipment only shall
be used.
[Ord. No. 16-2016]
It shall be unlawful to wash or dry in the licensed premises
any towels used in barbering, or to use any towel or washcloth which
has not been properly laundered subsequent to its last use on any
other person, and it shall be unlawful to use covering cloths on more
than one person successively, except when either a clean towel or
paper neck piece is applied next to the skin between such covering
cloth and the skin, to prevent contact of the skin with such covering
cloth.
[Ord. No. 16-2016]
Every barbershop, beauty and/or nail salon shall contain hot
and cold running water.
[Ord. No. 16-2016]
All shaving brushes, razors, scissors, clipping machines, pincers,
needles and any other instrument or equipment used in a barbershop,
beauty and/or nail salon upon the person of any customer, or otherwise,
shall be sterilized before usage. Any material or medication used
to stop the flow of blood, or otherwise to be applied in treatment
of facial or skin injury, shall be of a safe character and shall be
applied in a sterile manner per manufacturer's instructions.
[Ord. No. 16-2016]
No part of the premises used as a barbershop, beauty and/or
nail salon shall be occupied or used or furnished for sleeping quarters,
and rooms in the rear or to the side of a barbershop, beauty and/or
nail salon, which may be used as living quarters, shall be separated
from the barbershop by a permanent partition extending from ceiling
to floor, and any door leading thereto shall be kept closed at all
times, except as used for ingress and egress. Nor shall any pets and/or
animals be permitted in the business.
[Ord. No. 16-2016]
All barbershops shall have a sign not less than 18 inches wide
by 16 inches long on which shall be prominently stated the hours hereinafter
mentioned during which said barbershops shall be open. The sign shall
be displayed in such a manner that all persons frequenting the barbershop
shall have an unobstructed view thereof.
[Ord. No. 16-2016]
It shall be unlawful for any person to act as an itinerant barber
and solicit or perform barbering work by going from house to house.
The provisions of this section, with respect to performing barbering
services away from the licensed premises, shall not be deemed to apply
to licensed owners of barbershops or their employees, licensed as
above required, called upon to render barbering service to a customer
or patron outside the barbershop, who, because of illness or for other
good reason, is unable to come to said barbershop.
[Ord. No. 16-2016]
a.
The Health Officer or approved representatives shall, at all times,
have the power to inspect licensed premises.
b.
There shall be no amusement games or devices on the premises.
c.
Each barbershop, beauty and/or nail salon shall have an unobstructed
view of the premises; approved decorations will be allowed.
[Ord. No. 16-2016]
All licenses must be exhibited by owners and employees in a
prominent location near the entrance of the business.
[Ord. No. 16-2016]
In the event that any applicant for a license shall have been
refused a license or in the event that any licensee shall have had
his license revoked or suspended, said person shall have the right
and privilege to appeal from such refusal to grant a license or suspension
or revocation of a license to the Mayor and Council of the Town of
Guttenberg; provided, however, that not less than five days' written
notice of such appeal shall have been served upon the Municipal Clerk,
either in person or by registered mail, return receipt requested,
and a date of hearing before the Mayor and Council shall be fixed
no later than 30 days after the receipt of said notice of appeal.
Thereupon, the Municipal Clerk shall notify said person of the place,
date and time of hearing.
[Ord. No. 16-2016]
Any person, firm or corporation violating any of the provisions of this section shall be subject to the penalties provided for in Chapter 1 § 1-5. Each violation of any of the provisions of this section, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
[Ord. #9/16/92B, Preamable]
The Mayor and Board of Council have determined that fire alarm
systems including protective signaling systems serve a useful function,
and the State Construction Code governs the installation and the State
Fire Code requires maintenance of such systems.
Maintenance inspections do not reveal all problems with such
systems and no State standard governs the use and control of fire
alarm and protective signaling systems. The incidence of false alarms
attributable to defective equipment or failure to monitor and maintain
such systems results in a response which creates a needless risk of
injury to both fire suppression personnel and the public as well as
a cost in time, efficiency, equipment and funds.
In order to reduce risks and costs as well as increase fire
suppression efficiency, the Mayor and Board of Council seek to promulgate
operational requirements for the use and control of fire alarm and
protective signaling systems, and to establish remedies and penalties
for the violation thereof.
[Ord. #9/16/92B § 1]
As used in this section:
Shall mean any fire alarm causing direct notification to
a fire department through an alarm panel, switchboard or alarm lines,
in a case where no fire exists.
Shall mean a system containing automatic detecting device(s)
which actuate an alarm signal, requiring a response by fire suppression
forces, including but not limited to, Protective Signaling Systems
or devices designed to transmit alarms and/or trouble signals to alert
fire suppression forces of the need to respond to protect life and
property.
[Ord. #9/16/92B § 2]
a.
Any person or other legal entity desiring to install a fire alarm
system on any premises located in the Town shall apply for an alarm
system permit through the Construction Official.
b.
Any person or other legal entity owning and/or operating and/or protected
by an existing fire alarm system shall register same with the Fire
Official of the Town within 30 days of the effective date of this
section.
[Ord. #9/16/92B § 3]
The Fire Official shall annually inspect each fire alarm system
to determine whether or not the system is operational. Any violations
as set forth in the following subsection, or operational defects in
the alarm system shall be noted by the Fire Official and a copy of
the citation given to the owner and/or operator of the fire alarm
system as well as to the owner of the building on which or in which
the alarm system is located. Twenty days shall be allowed from the
date of notification to correct the violation.
[Ord. #9/16/92B § 4]
The Fire Official shall investigate or cause to be investigated
each false alarm and keep a record of all false alarms on file. If
the investigation discloses that the false alarm was due to equipment
misuse, accident, improper supervision, or equipment malfunction,
the Fire Official shall provide notice and order immediate corrective
action. The Fire Official shall serve on the owner and/or operator
of the fire alarm system as well as on the owner of the building a
written order stating the nature of the violations and the date by
which action must be taken to prevent future false alarms.
[Ord. #9/16/92B; Ord. #012-7]
a.
The first three false alarms in any given calendar year from the
same premises, the Guttenberg Fire Prevention Bureau shall issue a
warning to the owner of the premises, which warning shall include
a copy of this section. The Fire Official shall file or cause to be
filed a complaint in the Guttenberg Municipal Court for any further
false alarms from the premises during that calendar year.
b.
Upon a finding by the Municipal Judge of more than three false alarms
from the same premises during the same calendar year, the Court shall
impose fines upon the owner in accordance with the following schedule:
The fee for the 4th through 6th false alarm shall be $100 per
false alarm.
The fee for the 7th through 10th false alarm shall be $300 per
false alarm.
The fee for the 10th through 15th false alarm shall be $500
per false alarm.
For each alarm after the 15th false alarm, a fine not less than
$500 nor more than $1,000 shall be charged at the discretion of the
Municipal Court Judge.
[Ord. 3/3/93 § 1]
No pay telephone or telephones shall be placed on or above any
public sidewalk or other public way or place in the Town unless a
permit for such placement has been secured from the Town Clerk; provided,
however, that no such permit shall be required for any pay telephone
or telephones or the installation thereof which are subject to an
agreement with the Town for the payment of an annual commission and/or
franchise tax to the Town.
[Ord. 3/3/93 § 2]
The permit fee for pay telephones which are subject to the provisions
of this section shall be $75.
[Ord. 3/3/93 § 3]
All permits issued pursuant to this section shall expire on
June 30 annually regardless of when issued. No permit shall be issued
by the Town Clerk for the placement or continuance of the placement
of any pay telephone or telephones unless the location of same shall
first have been approved in writing by the Construction Official.
[Ord. 3/3/93 § 4]
The Town reserves the right to revoke or refuse to renew any
permit; or to restrict service at any pay telephone or telephones
to outgoing calls only.
The above actions may be taken, at the discretion of the Mayor
and Board of Council, if the Chief of Police advises that a pay telephone
or telephones have created or contributed to illegal activity or are
likely to create or contribute to illegal activity.
A presumption that a pay telephone or telephones will create
or contribute to illegal activity shall arise whenever, during any
permit year, two incidents of illegal activity are associated with
a particular pay telephone or telephones.
[Ord. 3/3/93 § 5]
Any person or other legal entity who places a pay telephone
or telephones on or above any public sidewalk or other public way
in the Town without obtaining a permit for such placement pursuant
to the terms of this section shall be subject to the following fines:
[Ord. 4/18/77 §§ 1-8; Ord. 9/19/77 § 1; Ord. #32/99; Ord. 27/00; Ord. #005/01; Ord. #025/02;
Ord. #28-11]
a.
The License Inspector shall collect the fees established below. The
following schedule of fees for licenses issued or services performed
in the Town is hereby established as follows:
|
Type of License
|
Annual Fee
| |
|---|---|---|
|
Abattoirs or slaughterhouse
|
$1,000
| |
|
Bakery
|
$250
| |
|
Beauty and barber shops
|
$250
| |
|
Candy stores
|
$250
| |
|
Day care/nursing homes
|
$250
| |
|
Delicatessen
|
$250
| |
|
Fat, bones, etc., pickup
|
$250
| |
|
Fish market
|
$250
| |
|
Flammables license
|
$250
| |
|
Food or beverage processing plant
|
$250
| |
|
Food vending machines:
| ||
|
1.
|
Refrigerated or hot food per machine (milk, soda, juice, soup,
coffee, etc.)
|
$50
|
|
2.
|
All other machines (gumball, candy, nuts, etc.) weighing, etc.
|
$50
|
|
Health spa (pool, gymnasium and related facilities)
|
$500
| |
|
Industrial, mechanical, manufacturing
|
$100
| |
|
Laundromats — $250 license plus, each machine
|
$25
| |
|
Massage parlor
|
$500
| |
|
Movie theater or legitimate theater:
| ||
|
1.
|
Seating capacity up to 200
|
$500
|
|
2.
|
Seating capacity from 200 to 500
|
$750
|
|
3.
|
Seating capacity over 500
|
$1,000
|
|
Nail Salon
|
$250
| |
|
Private garbage pickup
|
$250
| |
|
Professional (doctors, lawyers, dentists, real estate, insurance,
etc.)
|
$250
| |
|
Retail food establishment other than below
|
$250
| |
|
Restaurants seating 40 to 59 persons
|
$500
| |
|
Restaurants seating 60 persons or over
|
$750
| |
|
Supermarkets having area from 2,500 square feet to 4,000 square
feet
|
$500
| |
|
Services, repair, retail
|
$250
| |
|
Swimming pools (public or multifamily only)
|
$500
| |
|
Taverns serving food
|
$250
| |
b.
Fee for analogous license or service shall be similar to the above
schedule, even though not specifically named as to product or service.
c.
Minimum fee for any other license or service shall be $50, unless
otherwise established under any valid State or Federal law or regulations.
d.
Unless otherwise specifically set forth on the license or receipt,
period for operations under above fee schedule, shall be January 1
to December 31, annually.
e.
No person or entity shall conduct or engage in the activities or
operate the equipment, article or service, without first obtaining
necessary permit or license, and payment of appropriate fee.
f.
Other fees shall remain collectable and in force under other codes
or ordinances.
h.
Failure to Renew License; Fines. Any person or other legal entity,
who after receiving notice of renewal, fails to renew the business
license by January 31, shall be subject to the following fines.
|
Failure to renew above license by February 15th
|
$100
|
|
Failure to renew above license by March 15th
|
$250
|
[Ord. #019/04]
As used herein, the following terms shall have the meanings
indicated:
Shall mean the person, corporation, employee, servant or
agent responsible for placing and maintaining a newsrack in a public
street as herein defined.
Shall mean any newspaper, whether distributed for free or
sold, of general circulation as defined by law, any newspaper duly
entered with the Post Office Department of the United States, in accordance
with Federal statute or regulation, and any newspaper filed and recorded
with any recording officer as provided by law.
Shall mean any self-service or coin-operated box, container,
storage unit or other dispenser installed, used or maintained for
the display and/or sale of newspapers or other news periodicals.
Shall mean that portion of a street improved, designated
or ordinarily used for vehicle travel.
Shall mean any surface provided for the use of pedestrians.
Shall mean all that area dedicated to public use for public
street purposes, and shall include, but not be limited to, roadways,
parkways, alleys and sidewalks.
[Ord. #019/04]
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate on any public street in the Town
of Guttenberg any newsrack without first having obtained a permit
from the License Inspector specifying the exact location of such newsrack.
One permit may be issued to include any number of newsracks and shall
be signed by the applicant.
[Ord. #019/04]
Application for such permit shall be made, in writing, to the
License Inspector upon such form as shall be provided by them, and
shall contain the name and address of the applicant and the proposed
specific location of said newsrack and shall be signed by the applicant.
[Ord. #019/04]
a.
Permits may be issued for the installation of a newsrack without
prior inspection of the location, but such newsrack and the installation,
use or maintenance thereof shall be conditioned upon compliance with
the provisions of this section. An annual permit fee of $50 per newsrack
is required.
b.
Permits shall be issued within five business days after an application
which contains all requisite information and submissions has been
filed with the License Inspector.
c.
The permit shall be valid for a period of one year on a calendar-year
basis, commencing on January 1, and shall be renewable on January
1 of any subsequent year.
d.
No permit shall be issued or continued in operation unless the applicant
and any other persons, organizations, firms or corporations on whose
behalf the application is made by filing such application do represent,
stipulate, contract and agree that they will jointly and severally
defend, indemnify and hold the Town of Guttenberg harmless against
liability for any and all claims, for damage to property or injury
to or death of persons arising out of or resulting from the issuance
of the permit or the control, maintenance or ownership of the newsrack
permitted.
e.
Before the License Inspector may issue a newsrack permit to any person,
that person 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 represent, stipulate,
contract and agree that they do jointly and severally defend, indemnify
and hold harmless the Town of Guttenberg against liability for any
and all claims for damage to property, injury to or death of persons
arising out of or resulting from the issuance of the permit or the
control, maintenance or ownership of the newsrack."
f.
Before the License Inspector may issue a newsrack permit to any person,
that person shall file with the License Inspector an insurance policy
of a company duly licensed to transact business under the insurance
laws of this State in the sum of $100,000 for one person, and for
more than one person $1,000,000, insuring against loss from liability
imposed by law upon the distributor for damages on account of bodily
injury or death suffered, and in the sum of $50,000 against loss on
account of property damage suffered by any person or persons as a
result of an accident occurring by reason of the ownership, control
or maintenance of the newsracks permitted, and no license shall continue
effective unless such insurance, in the full and collectible amount
of $100,000 for one person and $1,000,000 for more than one person
for bodily injuries or death and $50,000 for property damages shall
remain in effect during the entire term of the license. Such insurance
policy shall provide for the payment of any final judgment recovered
by any person on account of the ownership, maintenance and person
suffering loss, damage or injury as aforesaid.
[Ord. #019/04]
Any newsrack which, in whole or in part, rests upon, in or over
any public sidewalk, roadway or street shall comply with the following
standards:
a.
No newsrack shall exceed 48 inches in height, 24 inches in width;
or 20 inches in thickness unless publications are made available at
no cost.
b.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspapers or news periodicals sold therein.
c.
Unless publications are made available at no cost, each newsrack
shall be equipped with a coin-return mechanism to permit a person
using the machine to secure an immediate refund in the event he is
unable to receive the publication paid for. The coin-return mechanisms
shall be maintained in good working order.
d.
Each newsrack shall have affixed to it in a readily visible place
so as to be seen by anyone using the newsrack, a notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to report a malfunction or to secure a
refund in the event of a malfunction of the coin-return mechanism
or to give the notices provided for in this section.
e.
Each newsrack shall be maintained by the distributor in a neat and
clean condition and in good repair at all times. Specifically, but
without limiting the generality of the foregoing, each newsrack shall
be serviced and maintained so that:
1.
It is reasonably free of dirt and grease.
2.
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof.
3.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
4.
The clear plastic or glass parts thereof, if any, are reasonably
free of tears, peeling or fading.
5.
It shall not have any structural parts which are broken, unduly misshapen
or otherwise dangerous.
f.
It shall be unlawful for any person to place or maintain any publication
or material which is obscene as defined by the United States Supreme
Court in Miller vs. California 413 U.S. 15(1973) and/or as set forth
in N.J.S.A. 2C:34-2.
g.
Each newsrack shall be maintained to prevent the newspapers from
being scattered about the area.
[Ord. #019/04]
Any newsrack which rests in whole or in part upon or any portion
of a public street or sidewalk or projects onto, into or over any
part of a public street or sidewalk shall be located in accordance
with the provisions of this subsection.
a.
No newsrack shall be used or maintained which projects onto, into
or over any part of the roadway of any public street or which rests
wholly or in part upon, along or over any portion of the roadway of
any public street.
b.
No newsrack shall be permitted to rest upon, in or over any public
street or sidewalk when such installation, use or maintenance:
1.
Endangers the safety of persons or property;
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.
Unreasonably interferes with the use of traffic signs or signals,
hydrants or mailboxes permitted at or near said location.
c.
Newsracks shall be placed or otherwise secured so as to prevent their
being blown down or around the public street or sidewalk, but shall
not be chained or otherwise secured to any traffic or street signs,
signals, hydrants or mailboxes, except to other newsracks or private
property with the consent of the owner. The Town of Guttenberg hereby
expressly denies any permission for any newsrack to so affixed or
attached to its municipal property.
d.
Newsracks may be placed next to each other, provided that the group
of newsracks shall not extend for a distance of more than eight feet
along a curb.
e.
No newsrack shall be placed, installed, used or maintained:
1.
Within three feet of any marked crosswalk.
2.
Within 18 inches of a curb.
3.
Within 15 feet of any fire hydrant, fire call box, police call box
or other emergency facility.
4.
Within five feet of any driveway.
5.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than six feet.
6.
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping.
7.
Within 500 feet of any other newsrack on the same side of the street,
containing the same issue or edition of the same publication.
8.
Within 10 feet of any standby or sprinkler connection or related
safety or fire equipment.
9.
Within 10 feet of any building, unless written permission is secured
from the property owner and filed with the application.
f.
No newsrack shall be permitted in any location zoned as exclusively
residential.
[Ord. #019/04]
Any violation of this section shall subject the violator to
a fine of not less than $100 nor more than $500 or to confinement
for not more than 90 days in jail, or both. Each newsrack violation
will constitute a separate violation. Each day of said violation shall
constitute a separate violation.
[Ord. #019/04]
For any newsrack that is removed in accordance with this section
and then stored by the Town, the Town shall charge a storage fee of
$10 per day.
[Ord. #020/04]
The following words, as used herein, shall have the definitions
and meanings set forth herein:
Shall mean an organized procession containing 10 or more
vehicles, except funeral processions, upon any public street, sidewalk
or alley.
Shall mean any procession or march intended to proceed along
any street or in any public place in an orderly fashion.
[Ord. #020/04]
a.
Required. No person shall engage in, participate in, aid, form or
start any parade unless a parade permit shall have first been obtained
from the Town Clerk, or his/her designee.
b.
Exceptions.
1.
Funeral processions.
2.
Students going to and from school classes or participating in educational
activities, provided that such conduct is under the immediate direction
and supervision of the proper school authorities.
3.
Any procession or parade of any body of police or firefighters of
the Town, militia of the State or troops of the United States of America.
4.
Any parade planned and sponsored by the Town.
[Ord. #020/04]
a.
Filing with Town Clerk. A person seeking issuance of a parade permit
shall file an application with the Town Clerk, or his/her designee,
on forms provided by the Clerk.
b.
Filing Period. An application for a parade permit shall be filed
with the Town Clerk, or his/her designee, not less than 30 days before
the proposed date of the parade.
c.
Contents of Application. The application for parade permit shall
set forth the following information:
1.
The name, address and telephone number of the person seeking to conduct
such parade.
2.
If the parade is proposed to be conducted for, on behalf of or by
an organization, the name, address and telephone number of the headquarters
of the organization and of the authorized and responsible heads of
such organization.
3.
The name, address, and telephone number of the person who will be
the parade chairperson and who will be responsible for its conduct.
4.
The date when the parade is to be conducted.
5.
The route to be traveled, the starting point and the termination
point.
6.
The approximate number of persons, animals, vehicles and floats which
will constitute such parade, and a description of the vehicles and
floats.
7.
The hours when such parade will start and terminate.
8.
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be traversed.
9.
The location by streets of any assembly areas for such parade and
of any stages or reviewing stands to be used by parade participants
or parade spectators.
10.
The time at which units of the parade will begin to assemble at any
such assembly areas.
11.
The interval of space to be maintained between units of such parade.
12.
If the parade is designed to be held by, and on behalf of or for,
any person other than the applicant, the applicant for such permit
shall file with the Town Clerk, or his/her designee, a communication,
in writing, from the person proposing to hold the parade, authorizing
the applicant to apply for the permit on his/her behalf.
13.
Any additional information with the Town Clerk, or his/her designee,
shall find reasonably necessary with regard to the health, safety
and welfare of the participants of the parade and of the citizens
of the Town to make a determination as to whether a permit should
be issued.
d.
Date and Time Stamped. Applications for permits shall be date and
time stamped. Applications will be reached in order of filing.
[Ord. #020/04; Ord. #21-11]
There shall be a fee of $500 for the issuance of the parade
permit.
[Ord. #020/04]
The Town Clerk, or his/her designee, shall issue a permit as
provided for hereunder when (s)he finds 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 require the diversion of so great
a number of police officers of the Town to properly police the line
of movement and the areas contiguous thereto as to prevent normal
police protection to the Town.
c.
The concentration of persons and vehicles at assembly points of the
parade will not unduly interfere with proper fire and police protection
of, or ambulance service to, areas contiguous to such assembly areas.
d.
The conduct of such parade will not interfere with the movement of
firefighting equipment en route to a fire.
e.
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays in route.
f.
The parade is not to be held for the sole purpose of advertising
any product, goods or event, and is not designed to be held purely
for private profit, provided, however, that the prohibition against
advertising any product, goods or event shall not apply to signs identifying
organizations or sponsors furnishing or sponsoring floats or transportation
for the parade.
[Ord. #020/04]
The Town Clerk, or his/her designee, shall act upon the application
for a parade permit within 72 hours after the filing thereof. If the
Town Clerk, or his/her designee disapproves of the application(s),
shall immediately notify the applicant within 24 hours after the date
upon which the application was filed. The Town Clerk, or his/her designee,
shall state the reasons for the denial of the permit.
[Ord. #020/04]
The Town Clerk, or his/her designee, in denying an application
for a permit, shall be empowered to authorize the conduct of the parade
on a date, at a time or over a route different from that named by
the applicant. An alternate parade permit shall conform to the requirements
of, and shall have the effect of, a parade permit.
[Ord. #020/04]
Immediately upon the issuance of a parade permit, the Town Clerk,
or his/her designee, shall send a copy thereof to the following:
[Ord. #020/04]
Each parade permit shall state the following information:
a.
The date of the parade.
b.
The parade route.
c.
The starting time.
d.
The ending time.
e.
The maximum interval of space to be maintained between the units
of the parade.
f.
The portions of the streets to be traversed that may be occupied
by the parade.
g.
The number of persons, motor vehicles and floats that will be in
the parade.
h.
Such other information as the Director, or his/her designee, shall
find necessary for the proper enforcement of this section.
[Ord. #020/04]
The chairperson, or other person heading or leading such activity,
shall carry the parade permit upon his/her person during the conduct
of the parade.
[Ord. #020/04]
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 or used in a parade.
b.
Driving Through Parades. No driver of a vehicle, streetcar or trackless
trolley shall drive between the vehicles or persons comprising a parade
when such vehicles or persons are in motion and are conspicuously
designated as a parade.
c.
Parking on Parade Route. The Police Director or his/her designee,
shall have the authority, when reasonably necessary, to prohibit or
restrict the parking of vehicles along a street or part thereof constituting
a part of the route of a parade. The Director, or his/her designee,
shall post signs to such effect, and it shall be unlawful for any
person to park or leave unattended any vehicle in violation thereof.
No person shall be liable for parking on a street not posted in violation
of this section.
[Ord. #020/04]
The Police Director, or his/her designee, shall have the authority
to revoke a parade permit issued hereunder upon his/her determination
that there are material differences between the conditions set forth
in the application and the conditions of the actual parade which adversely
effect the ability of law enforcement and firefighting personnel to
protect the public safety and welfare.
[Ord. #004-09; amended in entirety 4-26-2021 by Ord. No. 12-21]
[Added 4-26-2021 by Ord.
No. 12-21]
For the purpose of this section, the following words shall have
the meanings respectively ascribed in this section:
Any eating establishment where food and other refreshments
are served or consumed outside the interior of the eating establishment
on private property or upon the public right-of-way, namely, the sidewalks
and on-street parking spaces immediately in front of any restaurant,
cafe, cafeteria or place of business where food and/or other refreshments
are served or consumed or whether permitted on private property pursuant
to the Town municipal land use ordinance.
That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building housing an
eating establishment.
[Added 4-26-2021 by Ord.
No. 12-21]
It shall be unlawful for any person, firm, partnership, corporation,
association or organization of any kind (hereinafter collectively
referred to as "person") to create, establish, operate, maintain or
otherwise be engaged in the business of conducting an outdoor cafe
upon the sidewalks and on-street parking spaces of the Town of Guttenberg
or in their private property, unless such person shall hold a currently
valid license issued pursuant to the terms of this article. The fee
shall be $250 annually for the issuance of a license to operate an
outdoor cafe in the Town of Guttenberg.
[Added 4-26-2021 by Ord.
No. 12-21]
In addition to securing a license a person may be required to
secure informal site plan approval from the Planning Board or the
Building Official. Such informal Site Plan approval will be the determination
of the Building Official and/or the Town Administrator.
[Added 4-26-2021 by Ord.
No. 12-21; amended 6-29-2022 by Ord. No. 09-2022]
a.
When located within the public right-of-way, outdoor cafes shall
only be located on the public sidewalk directly in front of the eating
establishment to which the outdoor cafe is accessory. For purposes
of administering this provision, the term "directly in front of' shall
be construed to mean the area represented by an extension of each
side of the store occupied by the eating establishment projected directly
to the curb line immediately in front thereof. Such cafes shall be
required to maintain an unobstructed impervious finished surface for
pedestrian traffic at least 60 inches wide, located on the public
sidewalk, around or through such outdoor cafe. It shall be ensured
that no restaurant furniture impedes with the ability to feed the
meter, a one-foot radius should be kept clear of restaurant furniture.
b.
"On-Street License Add-On." An outdoor cafe may apply for "on-streets
license add-on" to enable such restaurant to provide outdoor dining
services within any complete parking space(s) directly in front of
and adjacent to the sidewalk area(s) as defined in the preceding paragraph.
This area shall be considered part of the "dining area" for purpose
of this section. In addition, an outdoor cafe may also apply for a
"Parklet Endorsement" to an On-Street License Add-on. The fee for
an On-Street License Add-On and/or Parklet Endorsement shall be $250
for the season, in total.
c.
When located on private property, outdoor cafes may be located in
front of, on the side of, and/or to the rear of the eating establishment
to which the outdoor cafe is accessory so long as they are located
in the areas as defined previously in this section. Such cafes shall
be located on the property containing the eating establishment and/or
within the public right-of-way as permitted by paragraph a above.
In the case of outdoor cafes that are located on properties containing
multiple tenants, such cafes shall not be permitted to be located
in front of, on the side of and/or to the rear of any other establishment
on the same property unless both the property owner(s) and/or other
tenant(s) give their consent in writing prior to the issuance of the
license for the outdoor cafe. Such consent shall be valid only for
the term specified in the consent or for the term of the license,
whichever is less, and such consent shall be required to be renewed
prior to renewal of the license. Such cafes shall be required to maintain
an unobstructed impervious finished surface for pedestrian traffic
at least 60 inches wide around or through such outdoor cafe.
[Added 4-26-2021 by Ord.
No. 12-21]
Application for the license required hereunder shall be made
to the Construction Code Official and shall be signed by the applicant.
The application shall contain the following information:
a.
The name, residence address and telephone number of each individual,
owner or partner, or if a domestic corporation, the names, residence
addresses and telephone numbers of the directors and officers owning
a 10% or greater interest in the corporation and the chief operating
executive of the corporation, and if a non-domestic corporation, the
name, residence address and telephone number of the managing officer
for service of process within the State of New Jersey and a copy of
the qualification of said non-domestic corporation to conduct business
in the State of New Jersey.
b.
A copy of the trade, corporate, business or fictitious name upon
which the applicant intends to do business pursuant to this article.
c.
The address and description of each place where the applicant intends
to establish or operate an outdoor cafe.
d.
The name and address of the person owning the premises, if other
than the applicant, and the consent of the owner of the premises to
the application.
e.
Whether an "On-Street License Add-On" is being sought.
f.
Whether a Parklet Endorsement is being sought.
g.
Three sets of a proposed layout plan containing adequate plan, sketch,
picture, or drawings clearly illustrating the number, type of materials,
color and location of all tables, chairs, umbrellas or other furnishings
or fixtures intended to be located in the outdoor cafe. The perimeter
of the outdoor cafe shall be defined and sat off by a portable-type
enclosure, which may include live plantings. The enclosure shall define
the perimeter of the area to be used as an outdoor cafe and shall
separate it from the pedestrians traversing the adjacent sidewalk.
The enclosure shall not contain doors or windows nor air conditioning
and shall be open at all times to the air from a height of not more
than three feet. Awnings or outdoor umbrellas extending over the enclosure
are permitted so long as the minimum height to the underside of the
umbrella or awning is 72". The adequate plan, sketch picture or drawings
shall also illustrate the following:
1.
The location of any doors leading from the eating establishment to
the outdoor cafe. No such doors may be obstructed in any manner.
2.
The number of feet and location of unobstructed space permitting
free passage of pedestrian traffic around or through each outdoor
cafe.
3.
The location of the place where any food or drink is intended to
be prepared.
4.
An illustration of the enclosure or protective barrier separating
the eating and serving area of each outdoor cafe from pedestrian traffic.
5.
The location of all fire hydrants, parking meters, utility poles,
benches, handicap ramps, street furniture, trees and any other fixtures
permanently located on the sidewalk in front of the eating establishment
or within 10 feet thereof on either or any side.
6.
The type and location of any proposed outdoor lighting and fixtures.
7.
A plan for the control of litter, the removal and storage of garbage,
and the cleaning of fixtures and grounds. Seating capacity of the
existing restaurant and the proposed outdoor dining area and compliance
of the restaurant with the parking requirements of the Town of Guttenberg.
h.
The annual application fee shall be $250.
[Added 4-26-2021 by Ord.
No. 12-21; amended 6-29-2022 by Ord. No. 09-2022]
An On-Street License Add-On shall be issued only to outdoor cafes that have received an outdoor cafe license, and shall only be effective for so long as such underlying license may be in effect. An applicant may include a request for an On-Street License Add-On with their initial or renewal license permit application, or alone, by submitting a request for same, along with, at a minimum, such information required by Subsection 4-80.5 above, and no additional application fee, and such other information as may be requested by the Construction Code Official.
[Added 4-26-2021 by Ord.
No. 12-21; amended 6-29-2022 by Ord. No. 09-2022]
A Parklet Endorsement to an On-Street License Add-On shall be issued only to outdoor cafes that have received an outdoor cafe license and On-Street License Add-On, and shall only be effective for so long as such underlying license and add-on may be in effect. An applicant may include a request for an Parklet Endorsement with their initial or renewal license permit application, or alone, by submitting a request for same, along with, at a minimum, such information required by Subsection 4-80.5 above, and no additional application fee, and such other information as may be requested by the Construction Code Official. At a minimum and subject to further regulation by resolution of the Town Council, and other requirements that the Construction Official or Department of Public Safety may require, the following additional requirements apply to any parklets:
[Added 4-26-2021 by Ord.
No. 12-21]
The Construction Code Official will review the application(s)
for completeness and compliance with the terms of this article. If
the application is complete, the Construction Code Official will act
upon the same within 10 business days of the submittal of the application
or within 10 business days after the application becomes complete.
If the application is not complete, the Construction Code Official
will so notify the applicant within 10 business days of the submission
and specifically detail the areas in which the application lacks compliance
with the requirements of this article.
[Added 4-26-2021 by Ord.
No. 12-21]
If the application complies with the article, and other applicable
law, and other rule or regulation, the Construction Code Official
shall issue a license and any license add-on and parklet endorsement
strictly subject to the terms and conditions of this article. In computing
the number of on-street parking spaces required for restaurants with
outdoor dining area, the outdoor dining area and its seating capacity
shall be included and subject to the health, building and fire department
requirements and codes as may be required by law and Ordinance. However,
where such outdoor seating represents a relocation of indoor seating
such that there will be no increase in the overall seating capacity
of the restaurant, such areas shall not be included.
[Added 4-26-2021 by Ord.
No. 12-21]
The license is personal to the applicant, and any change or
transfer of ownership of the outdoor cafe shall terminate the license
and shall require new application and a new license in conformance
with all of the requirements of this section.
[Added 4-26-2021 by Ord.
No. 12-21]
Acceptance of the license by the applicant shall operate as
a consent to the health, fire, police and building officials of the
Town to inspect the outdoor cafe for continued compliance with the
terms and conditions of this article and any federal, state, county
or local law, article or regulation affecting the same.
[Added 4-26-2021 by Ord.
No. 12-21]
No license required by this section shall be granted to any
person to operate an outdoor cafe until such person shall have filed
with the Construction Code Official a statement agreeing to indemnify
and hold harmless the Town of Guttenberg, its agents, servants, representatives
or employees from any or all claims, damages, judgment costs or expenses,
including attorney's fees, which they or any of them may incur or
be required to pay because of any personal injury, including death,
or property damage 'suffered by any person or persons as a result
of or related in any way to the operation and maintenance of the outdoor
cafe for which the license is issued.
[Added 4-26-2021 by Ord.
No. 12-21]
a.
No license required by this section shall be granted to any person
to operate an outdoor cafe until such person shall have first filed
with the Construction Code Official a comprehensive general liability
policy issued to such person by a public liability insurance company
authorized to do business in the State of New Jersey affording the
coverages set forth below in the amount so specified. Such insurance
policy shall name the Town of Guttenberg, its agents, officers, servants,
representatives and employees as additional insured with respect to
the operation and maintenance of the outdoor cafe in the following
amounts:
b.
The insurance coverage required by this section shall at all times
be maintained for the full amount. The policy of insurance required
by this section to be filed with the Construction Code Official shall
contain a clause obligating the company issuing the same to give not
less than 30 days' written notice to the Town Clerk before cancellation
or amendments of any of the terms thereof. Notice of cancellation
shall not relieve the company issuing such policy of liability for
any injury or claim arising before the cancellation becomes effective.
The cancellation of any such policy shall have the immediate effect
of suspending the license of such person to operate the outdoor cafe
covered thereby until a new policy complying the provisions of this
section is filed with the Construction Code Official and a letter
in writing confirming the new effective date of the license is issued
by the Construction Code Official.
c.
Indemnification agreement required. No outdoor sidewalk cafe license
shall be issued unless the licensee shall have first executed and
filed with the Building Department an indemnification agreement pursuant
to which the licensee, in further consideration of the issuance of
the license and any add-ons and endorsements, shall agree to forever
defend, protect, indemnify and save harmless the Town of Guttenberg,
its officers, agents and employees from and against any and all claims,
causes of action, injuries, losses, damages, expenses, fees and costs
arising out of or which may arise out of the licensee's operation
of such outdoor sidewalk cafe.
d.
Maintenance agreement required. No outdoor sidewalk cafe license
shall be issued unless the licensee shall have first executed and
filed with the Building Department a maintenance agreement pursuant
to which the licensee shall agree, at the option of the Town, to either
repair at its sole cost and expense any damage caused to the sidewalk
or street by the operation of the care or to reimburse the Town in
full for all costs and expenses incurred by it in making any such
repairs.
e.
The Building Department may require a bond to be filed by the licensee
in an amount to be fixed by the Town.
[Added 4-26-2021 by Ord.
No. 12-21]
Every insurance policy required hereunder shall contain a provision
for continuing liability thereunder to the full amount thereof notwithstanding
any recovery thereon, that the liability for the insured shall not
be affected by the insolvency or the bankruptcy of the insured, and
that until the policy is cancelled the insurance company will not
be relieved from liability on account of nonpayment of premium or
of any act or omission by the named insured. Such policy of insurance
shall be further conditioned for the payment of any and all judgments
up to the limits of such policy.
[Added 4-26-2021 by Ord.
No. 12-21]
Any license or add-on or endorsement issued hereunder is issued
solely as a revocable license, which shall be subject to revocation
or suspension by the Construction Code Official for failure of any
licensee to comply with this section or for violation of any other
applicable federal, state, county or municipal law, regulation or
article. Any license or add-on issued hereunder is issued upon the
express understanding that the licensee obtains no property right
thereunder, nor any interest in the continuation of said license or
add-on.
[Added 4-26-2021 by Ord.
No. 12-21]
Each licensee is responsible for keeping the area of the outdoor
cafe and the adjacent walks and streets free and clear of any debris
or litter occasioned by the cafe. Areas must be cleaned as needed
and at the time that business is closed and at the beginning of each
business day, not later than 9:00 a.m. Sidewalks shall be washed and
maintained daily and kept free of all debris, all foreign substances
shall be removed from the sidewalk surface. No menu type podiums or
advertisements boards and/or any reception type stands shall be permitted
to be placed on the sidewalk.
[Added 4-26-2021 by Ord.
No. 12-21]
No vending machines of any kind are permitted on the exterior
of any building an outdoor cafe.
[Added 4-26-2021 by Ord.
No. 12-21]
No signs shall be permitted in the area of the outdoor cafe
except signs on the awnings complying with the Sign Ordinance. Outdoor
umbrellas located in the outdoor cafe shall be exempt from the Sign
Ordinance of the Town of Guttenberg.
[Added 4-26-2021 by Ord.
No. 12-21]
In addition to the powers of suspension or revocation as set
forth above, the Town reserves the right to modify, suspend or revoke
any license on 24 hours' written notice if the Town; determines that
pedestrian traffic is, in fact, impeded, made unsafe because of the
operation of the outdoor cafe or because of any other safety issue
which the Town determines adversely affects the Town because of such
operation. The license may also be suspended or revoked on 10 days'
written notice in the event that the Town determines that it is necessary
to utilize the area or any part thereof for the maintenance or installation
of underground utilities. In the event of an emergency, which emergency
is certified by the Town Administrator, the license may be suspended
or revoked without notice.
[Added 4-26-2021 by Ord.
No. 12-21]
If the applicant is the holder of an alcoholic beverage control
license pursuant to the laws of the State of New Jersey, it shall
be the applicant's responsibility to cause the alcohol beverage control
license to be amended to include the premise utilized for outdoor
cafe purposes in order to serve alcoholic beverages therein. Alcoholic
beverages shall not be the primary or sole item to be sold in the
outdoor cafe.
[Added 4-26-2021 by Ord.
No. 12-21]
Outdoor cafes shall be permitted to operate from May 1st thru
October 20th, unless otherwise provided for by resolution of the Town
Council. The license, when issued, shall be valid for the calendar
year in which it is issued.
[Added 4-26-2021 by Ord.
No. 12-21]
No tables, chairs, benches or other equipment used in the outdoor
cafe shall be attached, chained or in any manner affixed to any tree,
post, sign, curb or sidewalk or property of the Town of Guttenberg
within or near the licensed area. All outdoor items must be removed
daily at the close of business.
[Added 4-26-2021 by Ord.
No. 12-21]
The licensee agrees at the end of the license period, or in
the event that the license is temporarily or permanently suspended
or revoked, that the licensee will at his own cost and expense vacate
the sidewalk space and promptly remove any property placed thereon.
Failure to do so on five days' written notice shall grant to the Town
the right to remove any property on the sidewalk, and the licensee
agrees to reimburse the Town for the cost of removing and storing
the same.
[Added 4-26-2021 by Ord.
No. 12-21]
The licensee shall not direct or permit to be directed to or
from the area occupied by the outdoor cafe any bell, chime, siren,
whistle, loudspeaker, public address system, radio, sound amplifier
or similar device.
[Added 4-26-2021 by Ord.
No. 12-21]
No outdoor cafe shall be open for business prior to 10:00 a.m.
through 10:00 p.m. Sundays through Thursdays, and 10:00 a.m. through
11:59 p.m. Fridays and Saturdays, except that no outdoor cafe shall
remain open for business after the business's normal hours of operation.
[Added 4-26-2021 by Ord.
No. 12-21]
No food or drinks served or consumed at outdoor cafes located
either on public or private property shall be prepared or stored other
than in the interior of the eating establishment. Table service is
required at restaurants only.
[Added 4-26-2021 by Ord.
No. 12-21]
The Town of Guttenberg shall issue a copy of an appropriate
permit certificate upon payment in full of the appropriate annual
fee and compliance by the applicant of the prerequisites set forth
in this section. The licensee is required to display the permit certificate
prominently in the front window, facing towards the sidewalk of the
establishment. Failure to properly display the requisite permit certificate
shall result in suspension or termination of the license by order
of the Town of Guttenberg Town Administrator.
[Added 4-26-2021 by Ord.
No. 12-21]
a.
An outdoor dining facility license shall be valid only through October
20th of a given year, unless otherwise provided for by resolution
of the Town Council;
b.
A new outdoor dining facility license must be obtained for each year;
c.
An outdoor dining facility license may not be transferred in any
way;
d.
The license shall be displayed in a conspicuous place on the premises
prior to the use of the outdoor dining facility.
[Added 4-26-2021 by Ord.
No. 12-21]
a.
Smoking shall mean the burning of, inhaling from, exhaling the smoke
from, or the possession of a lighted cigar, cigarette, pipe or any
other matter or substance which contains tobacco or any other matter
that can be smoked, or the inhaling or exhaling of smoke or vapor
from an electronic smoking device.
b.
Smoking shall be prohibited in all outdoor restaurants and cafes
as defined herein. No-smoking signs or the international no-smoking
symbol (consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a diagonal red line through its cross
section) shall be clearly, sufficiently and conspicuously posted at
such outdoor restaurants and cafes. The signs shall be clearly visible
to the public and shall contain letters or a symbol that contrasts
in color with the sign, indicating that smoking is prohibited therein.
The sign shall also indicate that violators are subject to a fine.
c.
Enforcement of this subsection shall be within the authority of the
Police Department, Fire Department and Health Department of the Town
of Guttenberg.
d.
Any person who violates any provision of this subsection shall be
subject to a fine of not less than $250 for the first offense, $500
for the second offense and $1,000 for each subsequent offense.
[Added 4-26-2021 by Ord.
No. 12-21]
The conduct of outdoor dining pursuant to a license issued under
this section shall be subject to and inclusive of all of the following
restrictions and requirements.
a.
Outdoor dining may only be in districts zoned for business, designated
in the Town of Guttenberg, Construction Code Official and/or the appropriate
authority;
b.
The outdoor dining area must be clearly defined and limited by way
of a barrier, such as fencing, landscaping, a wall or as approved
by the Town of Guttenberg;
c.
The outdoor dining area must not block, obstruct and/or inhibit pedestrian
traffic on public sidewalks. Pedestrian traffic must have a clear,
open and unobstructed access between the closest edge of the outdoor
dining tables and the curb line of the sidewalk. Such pedestrian access
shall have a minimum width of the greater of 10 feet or 1/2 of the
sidewalk's width, but no less than six feet. There shall be a minimum
of six feet between the building and the front property line in order
for the dining area to be approved;
d.
Any outdoor dining area shall have adequate buffering from adjacent
buildings or sites consisting of landscaping and/or fencing. If the
outdoor dining area abuts residentially zoned land, the outdoor dining
area shall be located a minimum of five feet from the common property
line;
e.
Property owners shall not place anything in an alleyway, path, or
walkway or set up tables in such a manner as to block, obstruct, or
inhibit access to such alleyways, paths, or walkways;
f.
Outdoor dining facility owners, employers, and employees shall not
block, obstruct, or inhibit a building's entrance/egress. It shall
be unlawful to block or obstruct in any manner the clear width of
any exit's discharge passageway, as determined by the clear width
opening of the entrance/egress door(s). The exit's discharge passageway
shall proceed directly to the street;
g.
Only tables, chairs, umbrellas, and receptacles for garbage and recyclables
are permitted within the outdoor dining area;
h.
Outdoor dining facility owners, employers, and employees shall not
place any table, chair, sign, umbrella or other item in such a manlier
as to block or obstruct any municipal sign receptacles for garbage
and recyclables, public hydrants, or other public amenity;
i.
Outdoor dining facility owners, employers, and employees must provide
for the disposal of garbage and recyclables. Public receptacles for
garbage shall not be used;
j.
The outdoor dining area and surrounding sidewalk and property areas
shall be kept clean from any and all litter during hours of operation;
k.
All customers must be seated in the outdoor dining area during their
patronage. Outdoor dining facility owners, employers, and employees
are prohibited from serving drivers or passengers of all vehicles;
l.
All food preparation shall be indoors in the regular kitchen area
of the retail food establishment;
m.
Any outdoor dining facility serving alcohol products in the outdoor
dining area shall be required to do so only in connection with food
service at tables. Alcohol service and/or consumption at the outdoor
dining facility is subject to further regulations more fully described
herein;
n.
All outdoor food service is subject to the regulations contained in Chapter 24 of the New Jersey Sanitary Code;
o.
There must be absolutely no offensive odor emanating from the outdoor
dining facility and/or outdoor dining area due to food preparation,
handling, spoilage, and/or litter;
p.
Outdoor dining facility owners, employers and employees are prohibited
from using public utility hookups;
q.
All sound and video systems are prohibited within the outdoor dining
area. The licensee shall not direct or permit to be directed to or
from the outdoor dining area any bell, chime, siren, whistle. All
noise emanating from the outdoor dining area shall be kept at such
a level as to comply in all respects with the provisions of applicable
ordinances;
r.
Smoking shall be prohibited within and around the outdoor dining
area. Such areas shall be marked by a sign Indicating the prohibition
of smoking;
s.
No signs of any nature shall be permitted in the outdoor dining area,
except as previously expressed;
t.
Outdoor dining may commence May 1 and may continue through October
20th.
u.
Permissible hours of operation shall be from 10:00 a.m. to normal
business closing time;
v.
The outdoor dining areas must be cleared and washed daily by close
of business.;
w.
All State Sanitary Code, alcoholic beverage requirements, and all
other laws and regulations shall apply to the outdoor seating unless
specifically excluded;
x.
The Town of Guttenberg retains the right to temporarily suspend an
outdoor dining facility license to allow for construction activity,
utility repairs, special events, or any other appropriate reason as
determined by the Mayor and Council. Reasonable advance notice must
be given to the affected outdoor dining facility licensees;
y.
All tables, chairs, and other materials must be removed from the
sidewalk except during hours of operation. All tables, chairs and
other materials must be kept within the areas permitted by the outdoor
dining license, and the sidewalk must be washed and/or swept daily;
z.
If there is to be any chairs or tables placed on top of any basement
access hatches or Bilco type doors, such doors and openings shall
be inspected and certification provided to the Building Department
with the application identifying the structural integrity of such
areas as sufficient to adequately handle the weight; and
aa.
Extension cords need to be rated for outdoor use and must be powered
by a protected outlet and any permanent wiring installed requires
a Uniform Construction Code permit; all extension cords or wiring
must be positioned so that it doesn't present a danger to those walking
in the immediate area.
[Added 4-26-2021 by Ord.
No. 12-21]
In addition to all other fire safety regulations that may apply,
the following regulations shall also expressly apply to outdoor cafes
licensed under this ordinance:
a.
Heaters cannot be placed within five feet of any building, combustible
material, construction, or exits. This includes inside any tent, canopy,
or membrane structure;
b.
Heaters must be equipped with a tilt or tip-over switch that automatically
shuts off the flow of propane if the appliance is tilted more than
15° from vertical;
c.
Restaurant personnel must be trained on how the heaters function;
d.
A secured ABC Fire Extinguisher shall be placed within 25 feet of
heaters;
e.
The maximum individual capacity of the propane container in the heaters
cannot exceed 20 pounds;
f.
The propane container for the heater shall not be stored inside the
structure; and
g.
Tents and canopies must be fire rated. Tents require a Fire Prevention
Permit.
[Added 4-26-2021 by Ord.
No. 12-21]
It shall be unlawful for any person to operate an outdoor cafe
after the suspension or termination of the applicable license, or
to utilize any parking space area without an active On-Street License
Add-On or erect a parklet without a Parklet Endorsement.
[Added 4-26-2021 by Ord.
No. 12-21]
a.
Upon a determination by an officer or employee of the Town of Guttenberg
charged with the responsibility for enforcing the provisions of this
section that a licensee has violated one or more of such provisions,
such officer or employee shall give written notice to the licensee
to correct such violation within 24 hours of the receipt of such notice
by the licensee. In the event that the licensee fails or refuses to
correct such violation within such period, the licensee's outdoor
sidewalk cafe license shall thereupon and automatically be revoked.
b.
Upon the revocation of such license, the licensee, upon written request,
shall be entitled to a hearing before the Mayor and Council of the
Town of Guttenberg within 14 days of the date of its request.
[Added 4-26-2021 by Ord.
No. 12-21]
In addition to any penalties otherwise provided for in this
section, any person convicted of a violation of any of the provisions
of this section shall be subject to a fine not to exceed $1,000 or
90 days' imprisonment, or both. Each violation of a section or subsection
of this section, and each day that a violation continued, shall constitute
a separate offense.
[Added 11-25-2019 by Ord. No. 28-19]
The Town Clerk of the Town of Guttenberg is hereby designated
as the "issuing authority" pursuant to N.J.A.C. 13:47-1.1 and is authorized
and directed to issue licenses as permitted by law and the regulations
adopted thereunder.
[Added 3-28-2022 by Ord.
No. 03-22]
No person shall conduct or set off or have conducted or set
off on their behalf any Firework Display on any property within the
Town of Guttenberg without having first obtained a permit from the
Town Clerk and the Fire Prevention Bureau. Permit applications must
be filed no later than 30 days before the date of the Firework Display.
Any person who violates this section shall be subject to a fine in
accordance with the general penalty provisions of the Guttenberg Town
Code. Each time a violation occurs shall be considered a separate
offense.
[Added 3-28-2022 by Ord.
No. 03-22]
a.
Only one Firework Display may be conducted within the Town per month,
except May through September which shall be two per month. Uses such
as Town 4th of July celebrations, or other Town sponsored events,
shall not be counted in the above monthly totals.
b.
A Firework Display must be no longer than 30 minutes and must be
concluded by 9:35 p.m. However, displays during the months of November
through March must conclude by 8:00 p.m.
c.
No Firework Display permit shall be issued unless the Fire Prevention
Bureau determines that the activity will be conducted in accordance
with the requirements of the Uniform Fire Code and local fire code
provisions.
d.
Firework Displays must use color only shells. Salute shells or combined
color and salute shells are prohibited. Paragraph b above and this
paragraph d shall not apply to Fireworks Displays sponsored by the
Town.
e.
Guttenberg based not for profit entities may request that the Town
Council issue permits in excess of the monthly limits set for in paragraph
a above. The Town Council, in its sole and absolute discretion, may
approve or reject applications for excess permits.
f.
The permittee shall clean up and remove all debris and waste resulting
from the Fireworks Display from all Town owned property no later than
one hour after sunrise the morning following such Display.
g.
The permittee shall repair any and all damage the Fireworks Display
causes to Town property within five calendar days of the damage occurring.
h.
Application Requirements:
1.
Applicant's name and address.
2.
Address of Firework Display.
3.
Date and time of Firework Display.
4.
Rough sketch of location of Firework Display in relation to the property.
5.
Letter of consent from property owner approving Firework Display.
6.
Name of licensed firework contractor conducting the Firework Display.
7.
Copy of firework contractor's license.
8.
Copy of firework contractor's Certificate of Insurance, naming
the Town as an additional insured and with Property Damage coverage
limits of not less than $1,000,000/$2,000,000 with umbrella coverage
of $4,000,000 and Personal Injury coverage limits of not less than
$1,000,000/$2,000,000 with umbrella coverage of $4,000,000.
9.
Executed Indemnification and Release of Town liability.
10.
A $1,000 application fee and any additional costs assessed by the
Town in connection with the Firework Display (Ex. Police presence,
re-routing traffic, etc.). The application fee for Guttenberg based
not-for-profit entities shall be $250.
11.
A surety bond in the amount of $3,500 obtained from a State of New
Jersey approved surety company or a cash escrow in the amount of $3,500
to ensure the contractor timely cleans up any debris and/or fixes
any damage resulting from the Firework Display from/to any Town property
and to ensure the payment of any additional costs assessed by the
Town in connection with the Firework Display.
[Added 3-28-2022 by Ord.
No. 03-22]
If the application is denied by the Town Clerk, the applicant
may appeal the decision of the Town Clerk to the Town Council by filing
a notice in writing to that effect with the Town Clerk within 10 days
after receiving notice of the denial. The Council shall set a time
and place for a hearing and shall so notify the applicant. The decision
of the Council rendered after a hearing shall be final.
