a.
SOLICITOR – Shall mean any person (1) selling goods by sample
or taking orders for future delivery with or without accepting an
advance of payment for the goods; or (2) requesting charitable contributions
either by oral request or by the delivery of printed material; or
(3) offering personal services, by the solicitor or any other third
party, for compensation, either direct or indirect.
b.
PEDDLER – Shall mean any person who goes from place to place
to traveling on the streets from house to house and carries with him
goods, wares, or merchandise of any description for the purpose of
selling and delivering them to purchasers.
c.
JUNK DEALERS – Shall mean any person who goes from place to
place by traveling on the streets from house to house purchasing old
papers, rags, metals, or any other type of junk material.
No person, firm, partnership, association or corporation shall
engage in the usual activities of a solicitor, peddler or junk dealer,
without first having obtained a license to engage in such activity
from the borough clerk.
[Ord. #8606, SIII; amended 6-8-2022 by Ord. No. 22-06]
All applications for licenses shall be in writing on forms furnished
by the Borough of Englewood Cliffs, signed by the applicant or the
agent of the applicant and presented to the borough clerk. The said
application shall state the name of the applicant, the correct name
under which the business is being operated, the residence of the applicant,
and such other pertinent information as may be considered necessary
to properly consider the application. No application shall be granted
unless the applicant shall provide the borough clerk with a certificate
indicating that he has been fingerprinted by the chief or other proper
police officer of the Borough of Englewood Cliffs, or in the alternative,
a vendor to be designated by the Borough of Englewood Cliffs to perform
such fingerprinting. The applicant shall also provide a recent photograph,
not more than one year old, of passport size, which may be exhibited
upon request during the pursuit of his business.
All licenses issued pursuant to this section shall expire on
May 31 of each year.
Fees for licenses issued pursuant to this chapter shall be as
follows: $5 per day: $25 per month; $100 per six months; or $200 per
year; or a proportional amount for the fractional part thereof.
Any person convicted of violating any of the provisions of this
section shall pay a fine not exceeding $200 for each offense or shall
be imprisoned for a term not exceeding 90 days, or both.
All licenses issued hereunder may be revoked at any time by
the issuing authority for failure or refusal on the part of the licensee
to comply with the terms, conditions and provisions of this section.
Said license, when issued, shall be displayed by the licensee on request
at all times when actually engaged in canvassing, soliciting, distributing,
or calling from house to house within the borough limits of the Borough
of Englewood Cliffs.
Licensees shall have the right to canvass within the Borough
of Englewood Cliffs only on weekdays and Saturdays during the hours
from 10:00 a.m. to 4:00 p.m. and shall conduct themselves in a lawful
manner at all times.
This section shall not apply to vending machines for the sale
of bottled or unbottled beverages, fruit juices, milk, soup, coffee,
or food such as cake, pastry, pie, sandwiches, ice cream or popcorn
or syrup drinks or the like, the sale of which items through vending
machines being expressly controlled by ordinance passed by the Englewood
Cliffs Board of Health on December 9, 1963. It being the purpose of
this section to supplement the control over vending machines imposed
by the board of health ordinance aforesaid.
It shall be unlawful for any person as herein defined to distribute,
place or locate, or to continue to have placed or located, or in the
possession of any person who is the owner, occupant, tenant, lessor,
lessee, or licensee of any premises located within the confines of
the borough any coin operated vending machines, jukeboxes or the like,
coin operated amusement devices and other machines for dispensing
cigarettes, cigars or other forms of tobacco, or dispensing any other
items of merchandise, either of a perishable or nonperishable nature,
without first having obtained a license from the borough clerk.
As used in this section.
a.
A VENDING MACHINE – Shall mean and be defined as any device
or piece of mechanical or electrical equipment which upon the installation
of currency of the United Stated, activates any mechanism or results
in the dispensing of and making available to the person inserting
the currency the item of music, amusement or merchandise advertised
thereon.
The license fee for each automatic vending machine as above
defined shall be $2 per year per machine. The fee shall be paid with
the filing of the application with the borough clerk, and the license
issued by the borough clerk shall not be transferable. The fee in
each case shall be for a calendar year, and each license issued hereunder
shall expire on December 31 of the year for which it was issued.
The license hereunder may be refused or may be revoked if it
is found that the circumstances and conditions surrounding the machine
in question are detrimental to the health, welfare, morals or safety
of the residents of the borough, or if the owners of the machines
are in violation of State, Federal or local laws, statutes, ordinances,
regulations, or the like. Any party who may feel aggrieved by virtue
of the borough clerk to issue a license upon application therefor,
or by virtue of the revocation thereof, shall be entitled to a hearing
before the mayor and council of the borough.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 7427, 7521, 7903, 8004, 8513, 8604, 8713 and 8801.
Shall mean a fire alarm security system comprised of an interconnected
series of alarm devices or components, including systems interconnected
with radio frequency signals, which emit an audible, visual or electronic
signal indicating an alarm condition and which provide a warning of
the presence of smoke or fire. Fire alarm does not include an energy
management system whose primary purpose is telecommunications with
energy control, the monitoring of the interior environment being an
incidental feature thereto.
Shall mean a license issued pursuant to N.J.S.A. 13:31A-1.1,
et seq.
Shall mean the Mayor and Council of the Borough of Englewood
Cliffs.
Shall mean any alarm which, when activated, indicates an
immediate medical emergency at the announced location.
Shall mean any alarm which, when activated, indicates some
immediate peril at the announced location.
Shall mean any natural person or individual, or any firm,
partnership, association, limited partnership, proprietorship, corporation
or any other business entity or any government agency or entity.
Shall mean the Police Department of the Borough of Englewood
Cliffs.
Shall mean any alarm system or device reporting to the police
department a burglary, holdup, panic or medical emergency or emergency
requiring urgent attention and to which the police department may
be expected to respond. The Term "security alarm system" shall include
the terms "alarm devices," "direct alarms," "digital alarms," "central
station alarms" and "local alarms." Fire alarm systems are not included
in this section.
This section shall be enforced by the Borough of Englewood Cliffs
Police Department.
a.
No person shall operate any central station alarm, digital alarm,
or local alarm installed in the Borough of Englewood Cliffs after
the effective date of this section[1] without first obtaining a permit to operate the same from
the police department.
b.
A permit shall be obtained from the police department within 60 days
after the effective date of this section for each central station
alarm, digital alarm, or local alarm in the Borough of Englewood Cliffs,
which was installed on or before the effective date of this section.
c.
All such permits shall be valid for the calendar year in which issued
and shall be renewed annually on a calendar-year basis before February
1 of such year. Fees shall be payable to the Borough of Englewood
Cliffs upon issuance of said permits.
d.
In the event a permit is obtained subsequent to February 1 of any
calendar year, a permit shall be obtained from the Police Department
within 60 days after installation.
e.
A permit application shall be completed and submitted with the prescribed
fee. The names, addresses and telephone numbers of the person responsible
for the alarm system and at least two emergency listings shall be
provided on the permit application.
f.
The fee for the initial registration and operation permit of a security
alarm system shall be $25. The annual renewal fee shall be $25.
g.
Failure to obtain or renew a permit within the prescribed period
shall subject the alarm system owner to a minimum fine of $50 and
not more than $250.
a.
The chief of police or his designated representative may inspect
and test any newly installed alarm system within seven days of the
initial installation. This provision shall not be construed to impose
a duty on the borough to make inspections or to relieve the alarm
owner from inspecting, testing and maintaining his own alarm system.
b.
Each alarm system that transmits any type of audible signal shall
be equipped with a ten-minute automatic shut off.
c.
Any unauthorized installation may be disconnected by the chief of
police or his designated representative for noncompliance with this
section.
d.
No alarm system shall be installed and configured so as to transmit
a signal that does not convey the proper emergency, thus altering
the response by emergency services.
e.
The chief of police or his designated representative may order immediate,
temporary disconnection of any alarm, with an audible signal, which
has failed to shut off automatically after a ten-minute time period
if said alarm is, in the opinion of the police department, causing
a disturbance. In such cases, the police department shall enter the
premises, by force if necessary, to disable the alarm. The Borough
of Englewood Cliffs, its various departments, agencies and officials
shall be held harmless for and on account of any and all damages arising
out of such entry.
a.
The owner of any security alarm device within the Borough of Englewood
Cliffs shall be responsible to provide the police department with
his name, address and day/night telephone number or the name, address
and day/night telephone number of the person responsible for the operation
of the alarm system, as well as the name, address and telephone number
of at least two other persons having access, control and a working
knowledge of the alarm system who may be contacted in the event of
an activation or emergency.
a.
In response to any alarm signal indicating panic or medical emergency,
as so authorized by the alarm system owner in the permit application,
the police department in accordance with this section, will be considered
a real emergency, and entry will be made to the premises, by force
if necessary, to respond to such signal, and the Borough of Englewood
Cliffs, its various departments, agencies and officials shall be held
harmless from and on account of any and all damages arising out of
such entry.
a.
In the event that an alarm system is activated under conditions heretofore
defined as a false alarm, the chief of police shall cause an investigation
to be made and a record to be kept on file of said instance.
b.
Violations and penalties. Any person who pleads guilty or is found
guilty after trial in the Municipal Court of the Borough of Englewood
Cliffs for a violation of a false alarm shall be fined as follows:
1.
For the first and second false alarms in any given calendar year,
a written warning shall be issued by the police department.
2.
For the third false alarm in any given calendar year, a mandatory
fine of $25 per false alarm shall be imposed.
3.
For the fourth false alarm in any given calendar year, a mandatory
fine of $50 per false alarm shall be imposed.
4.
For the fifth false alarm in any given calendar year, a mandatory
fine of $75 per false alarm shall be imposed.
5.
For each subsequent false alarm in any given calendar, a mandatory
fine of $100 per false alarm shall be imposed.
6.
After five false alarms in any given calendar year, the police department
shall have the right to deny the person further use of the alarm system
incorporated within the Borough of Englewood Cliffs Police Department.
c.
Each violation of a false alarm shall be a separate offense.
d.
No corporation or person may install, maintain or repair a burglar
alarm or fire alarm unless they have obtained a license pursuant to
N.J.S.A. 13:31A 1.1 and N.J.S.A. 45:5-23.
1.
Any person who fails to comply with any provisions of this section
shall be subject, upon pleading guilty or being found guilty after
trial in the Municipal Court of the Borough of Englewood Cliffs, to
a mandatory minimum fine of not less than $100 and not more than $1,000.
The chief of police may promulgate written rules and regulations
supplementing this section in order to provide for accurate record
keeping and efficient management.
No person, firm, partnership, association, or corporation shall
operate a taxicab within the borough without first having obtained
a license to operate the taxicab from the mayor and council.
All applications for licenses shall be in writing on forms furnished
by the borough, signed by the applicant or the agent of the applicant
and presented to the borough clerk. The application shall state the
name of the applicant, the correct name under which the business is
being operated, the residence of the applicant, and such other pertinent
information as may be considered necessary to properly consider the
application.
All applications received by the borough clerk shall be presented
by him to the mayor and council at its next regular meeting and the
mayor and council shall consider the same or may adjourn action thereon
to a later meeting and at the meeting at which the same is considered
the mayor and council may grant or refuse the application.
If the said application is approved, the council shall order
the borough clerk to issue the license upon payment to him of the
license fee as hereinafter provided.
All licenses issued pursuant to this section shall expire on
January 1 of each year.
The annual fee for each taxicab owner's license issued or for
any renewal thereof shall be $100 for each year or portion of a year
for which the license is issued or renewed. The annual fee for a taxi
driver's license issued pursuant to this section shall be $10.
The annual fee for each taxicab vehicle license issued or for
any renewal thereof shall be $35 for each year or portion of a year
for which the license is issued or renewed, and all such licenses
shall be under the charge and control of the person applying therefor
and he shall be responsible for the operation and maintenance of all
vehicles so licensed to him. All vehicles so licensed shall at all
times be kept clean and in good repair and condition.
All licenses issued hereunder shall be exhibited in a prominent
place inside the vehicle.
The maximum fare which may be charged for conveying passengers
within or without the borough is hereby established as follows:
a.
$1 for the first four-fifths of a mile or part thereof.
b.
$0.20 for each additional one-fifth of a mile or part thereof, provided
however, that one year from the effective date of this section, the
rate for each additional one-fifth of a mile or part thereof shall
be $0.25.
c.
$8 per hour for waiting time. The charge for carrying passengers
shall not exceed the rates herein provided. Any fares charged in excess
thereof shall constitute a violation of this section by both owner
or operator, or both.
Every vehicle licensed hereunder shall have posted on the inside
thereof, where the same may be easily read by passengers, a printed
card in a frame showing the rates of fare, the name of the owner,
the name of the driver, his badge number, and a photograph of the
driver. The photograph shall be a print two inches by three inches
with a head size of not less than one inch taken against a light background.
The operator of each taxicab shall wear a numbered badge.
Every taxicab operating in the borough shall have installed
therein a taximeter or the equivalent, thereof of standard make, by
which the fare or charge for hire of the taxicab is mechanically and
accurate calculated and registered. The taximeter is to be so placed
in the taxicab that the charge thereof may be plainly seen by the
passengers. The owner of each taxicab licensed under this section
shall file with the borough clerk on February 1 and July 1 of each
year a current certification from the manufacturer of each meter (or
from a qualified expert approved of by the borough) that the meter
has been inspected and that it is in proper working order.
The soliciting of taxi business shall be carried on only by
licensed operators and for taxicabs which are immediately available.
All licensed vehicles shall be available for at least eight
hours a day and six days a week.
No person other than passengers for hire shall be permitted
to ride in any licensed taxicab while it is in service.
The provisions of this section shall be severable and if any
of the provisions hereof shall be held to be unconstitutional the
decision of the court respecting such provision or provisions shall
not affect the validity of any other provisions which can give effect
without such invalid provision or provisions.
Any person, firm, partnership, association or corporation violating
any of the provisions of this section shall upon conviction thereof
be subject to a fine of not exceeding $100 and in default of the payment
thereof, may be sentenced to imprisonment in the county jail for a
term not exceeding 30 days. Every day on which such violation continues
shall constitute a separate offense.
All owners and operators of taxicabs which shall operate within
or from a station in the borough shall be properly fingerprinted and
investigated by the police department of the borough before the issuance
of the above described licenses. The police department shall make
a report to the mayor and council of any findings from this investigation.
In the event that the applicant is a corporation; the owners of the
majority of the stock in that corporation shall be fingerprinted and
investigated in the manner described above.
It shall not be lawful to conduct, maintain or operate a public
place of amusement within the borough, such as moving picture shows,
circuses, parks, dance halls or other places wherein amusements are
provided, and to which an entrance fee is charged, either at the entrance
thereto or at or in individual amusement places located therein, open
air bathing pools, roller coasters, scenic railways, merry-go-rounds,
Ferris wheels or other devices or methods of amusement for which an
admission or other fee is charged, without first having had and obtained
for that purpose a license therefor to be issued by and in the name
of the borough, provided however, that this section shall not affect
such shows, entertainments or places of public amusements except circuses
and traveling shows which are not continued more than three days consecutively.
Application for a license as provided for in subsection 4-5.1 shall be made in writing by the owner, manager or operator of any show or place of public amusement, to the borough clerk, which application shall set forth the nature of the amusement, the location of the place in which it is to be maintained and conducted, and the names of the owners thereof, and the name of the manager or operator in charge of such amusement, and that the fees as hereinafter provided, shall accompany such application. The application shall be immediately reported to the borough council for their action thereon and if the same is granted, the clerk shall issue a license in writing in the name of the borough, for the period of one year, or until the license is cancelled and revoked for cause.
The clerk shall keep a proper record of all licenses issued
by him under the direction of the borough council including the names
of the parties to whom it was issued, the date of issue and the purpose
for which the same was issued, and the license when issued shall set
forth the name of the persons to whom it was issued and the place
for where it is issued, the amusement designated and the length of
time the license is to run, and the license shall be good only for
the place designated therein, for the amusement designated and to
the parties set forth in the license and such license shall not in
any way be transferred except by consent of the borough council.
The fees for such licenses shall be as follows: For places of
amusement continuing in operation one week or longer, for moving or
motion picture shows, and for theaters with a seating capacity of
less than 250 persons, $5 a year; with a seating capacity greater
than 250 persons, $10 a year; for traveling shows and circuses, $5
a day; for public parks, dance halls or places of outdoor amusement
to which a general entrance fee is charged, or wherein subsidiary
shows or entertainments are operated to which additional entrance
fees are charged, for parks of five acres or less in extent, $1,000
a year; for parks over five and under 15 acres in extent, $1,250 a
year; and for parks of more than 15 acres in extent, $1,500 a year.
All licenses shall be issued subject to all existing ordinances
of the borough, and to such other ordinances, rules or regulations
concerning the conduct of shows or places of amusement which may be
passed or adopted by the borough.
Any license issued may be revoked upon written notice and after
hearing the parties to whom such license was issued, on the conviction
for any crime involving the conduct of the place of amusement, or
for the violation of any of the rules and regulations of the borough,
and when the license is so revoked and the parties interested therein
shall be prohibited from further conducting the same.
No person (including, but not limited to business establishments
and/or corporations) shall place or maintain or permit to be placed,
operated, used or maintained in any public or quasi-public place or
in any building, store or other place wherein the public is invited
or may enter, any coin-controlled amusement device without first having
obtained a license for each such device from the borough clerk.
Application for licenses shall be made in writing on forms to
be supplied by the borough clerk. In order to enable the chief of
police to determine the suitability of the premises and their location
and the fitness of the applicant to maintain or use the license applied
for, the form shall contain the following information:
a.
The type of ownership of the business, i.e., whether individual,
partnership, corporation, or otherwise;
b.
The name, style and designation of the business maintaining the device/devices;
c.
The address of and all telephone numbers at the location where the
device or devices will be utilized.
d.
The name and residence address of the manager and/or other person
principally in charge of the operation of the business premises;
e.
The following personal information concerning the applicant, if an
individual and concerning each stockholder holding 10% or more of
the stock of the corporation each officer and each director, if the
applicant is a corporation; and concerning the partners, including
limited partners, if the applicant is a partnership; and concerning
the manager or other person principally in charge of the business
premises:
1.
Name, complete residence address and residence telephone numbers.
2.
The two previous addresses immediated prior to the present address
of the applicant or officer submitting the application.
3.
Written proof of age.
4.
Height, weight, color of hair, eyes and sex.
5.
Whether or not applicant has been previously licensed by any public
or governmental authority to maintain coin-controlled amusement devices
for use by the public or has previously applied for such license,
and whether or not such license has been denied, revoked or suspended
and the reason therefor.
6.
All criminal convictions, fully disclosing the offense for which
convicted and the circumstances thereof.
7.
Authorization for the borough, its agents or employees, to seek information
and conduct an investigation into the truth of the statements set
forth in the application.
8.
The names and addresses of three adult residents of the County of
Bergen who will serve as character references.
9.
Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly made before an individual authorized
to administer oaths within the State of New Jersey, which individual
shall affix his sign or seal thereto.
10.
Number of licenses desired.
11.
Category of device.
12.
Address where device is to be located.
13.
Description of device or devices including name of manufacturer and
serial number.
The annual license fee for each amusement game or machine shall
be $150. The license shall expire on the 31st day of December of the
year in which issued. Said license shall apply only to the person
to whom it is granted and for the premises stated in the application.
Said license shall not be transferred without written approval of
the borough clerk.
No license shall be issued unless the application and license requirements have been satisfied. No establishment, building, entity or location shall have more than three devices as defined in subsection 4-6.7 hereof.
No amusement device shall be placed, operated, maintained or
used unless and until the license, when issued, shall be affixed in
a conspicuous place to the machine for which it was issued.
No more than three amusement machines shall be allowed in any
one building or establishment.
Any person who shall use or permit to be used, any machine or
device hereunder, as a game of chance or as a means of gambling shall
be guilty of a violation of this section.
As used in this section, coin-controlled amusement device shall
mean:
a.
Any machine, device or contrivance which is permitted to function
or operate by the insertion of a coin, slug, token, plate, disc, or
other consideration which is operated for amusement.
b.
Any machine, device or contrivance which upon the insertion of a
coin, slug, or other consideration may be operated for use as a game
or contest or any description and which may or may not contain any
form of payoff device for the return of slug, money, coin checks,
tokens, merchandise or other form of prize or merchandise and shall
include pinball machines, electronic and/or computerized amusement
devices and other coin-controlled devices in which marbles, balls
or pellets are projected or propelled by spring or plunger or any
other means whereby such marbles, balls or pellets fall into slots,
tracks, grooves or any other position, or whereby such marbles, balls
or pellets strike pins or objects.
c.
Any machine, device or contrivance which upon the insertion of a
coin, slug or other consideration displays any form of picture or
moving images.
The license hereunder may be revoked if it is found upon proper
hearing before the mayor and council of the borough, that the circumstances
and conditions surrounding the machine in question are detrimental
to the health, welfare, morals or safety of the residents of the borough,
or if the owner of the machines are in violation of State, Federal
or local laws, statutes, ordinances, regulations, or the like. Any
party who may feel aggrieved by virtue of the failure of the borough
clerk to issue a license upon application therefore shall be entitled
to a hearing before the mayor and council of the borough.
Any licensee or other person violating any provision of this
section shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
In addition, upon conviction of a violation hereof, the licensee
shall immediately forfeit all licenses on all devices which have been
issued pursuant to the terms of this section.
All licenses under this section shall be issued subject to State
law, this section, other applicable ordinances and police regulations
of the Borough of Englewood Cliffs.
Insofar as the provisions of Ordinance No. 157R entitled "An Ordinance Providing For The Licensing And Regulation Of Coin Operated Vending Machines Used For Dispensing Any Goods, Wares And Merchandise Within The Confines Of The Borough Of Englewood" adopted March 12, 1964, and codified as section 4-2 of this Code, concerning coin operated amusement devices, and in conflict or inconsistent with the provisions hereof, and to that extent only, those provisions of Ordinance No. 157 R are hereby repealed and replaced by this ordinance. All other ordinances or parts thereof which are inconsistent with the provisions of this ordinance are likewise repealed.
Unless otherwise expressly provided, or unless there is something
in the subject or context repugnant to such construction, or unless
inconsistent with the manifest intent of this section, the words and
phrases used in this section shall have the following meanings:
a.
LANDSCAPER – Shall mean any individual person, partnership,
firm, association, business or legal entity which undertakes any of
the following services as a commercial undertaking, for consideration:
mowing of grass or lawns: trimming or cutting of trees, bushes or
shrubbery; restoration or installation of lawns, grass, foliage, leaves
or trees from a given property; any and all services relating to the
placing, installation, care or cultivation of lawns, shrubbery, trees,
foliage or other plant life.
b.
DEBRIS – Shall mean any organic or inorganic substance including
grass, grass clippings, branches, twigs, mulch, soil or other natural
parts of foliage, including stumps or trees, products of the earth,
including any residue from any of the foregoing. Leaves shall not
be considered debris for purposes of this section.
No individual person, partnership, firm, association, business
or legal entity shall conduct a landscaping business within the borough
without first having obtained a license from the borough council.
All applications for landscaping licenses shall be in writing
on forms furnished by the borough, signed by the applicant or the
authorized agent of the applicant, and presented to the borough clerk.
The application shall state the name of the landscaper, the correct
name under which the business is being operated, the residence of
the applicant, the names and addresses of residents of the borough
for whom landscaping services are being provided, and such other pertinent
information as may be necessary for an investigation of the application.
All applications for licenses received by the clerk shall after
appropriate investigation, be presented by him to the mayor and council,
which shall either grant or refuse the application. Thereafter, if
the application is approved, the council shall order the borough clerk
to issue the license upon payment of the license fee as hereinafter
provided. All licenses issued shall expire on December 31 of each
year.
The annual fee for each landscaping license issued, or for any
renewal thereof, shall be $50 for each year or portion of a year for
which the license is issued or renewed.
a.
No landscaper shall operate within the confines of the borough without
possession of a valid license.
b.
The removal of debris resulting from landscaping services shall be
the responsibility of the landscaper, and no such debris shall be
placed at the curbside for collection, swept or deposited into any
public street, or left on a given property such that same may be caused
to be blown into a public street.
c.
No landscaper shall perform any landscaping services within the confines
of the Borough of Englewood Cliffs on Sunday.
d.
No landscaper shall dump or allow the dumping of leaves which do
not originate within the boundaries of the Borough of Englewood Cliffs.
e.
No landscaper shall bag leaves, unless such landscaper utilizes biodegradable
bags.
f.
No person shall allow the piling of leaves so as to block accessibility
to storm sewage drains. Leaves shall be piled at least one foot from
the curbline so as to allow storm water to channel freely along the
curbline and flow, unimpeded, into the storm drain.
Should any landscaper violate the provisions of this section,
it shall be fined, for the first offense, the sum of $500, and in
addition, shall forfeit its license to operate within the borough.
In the event that a landscaper shall, after forfeiture of its
license, attempt to operate within the borough, it shall, upon conviction,
be sentenced to a fine of not less than $1,000. In addition the court
may impose imprisonment for a period of not more than 30 days.
In the event that a license is forfeited, the landscaper may
reapply to the borough clerk, and upon the posting of a bond in the
amount of $3,000, which shall secure the borough against further infractions,
the landscaper shall be issued a replacement license, valid only until
the end of that calendar year.
The police department and the construction code official, and/or
his authorized designees, shall be charged with the enforcement of
the provisions of this section. Additionally, the mayor and council
may later appoint other departments and/or borough officials as enforcing
agents.
All landscapers currently working within the confines of the
Borough of Englewood Cliffs shall obtain a license pursuant to the
provisions of this section, no later than September 15, 1988. The
failure of any landscaper to obtain such a license prior to that date
shall render such landscaper subject to the penalties imposed herein.
a.
FILMING – Shall mean the taking or recording of still or motion
pictures either on film, video tape or any other recording medium
intended for commercial use for viewing on television, in movie theaters
or for advertising purposes.
b.
NEWS STORIES – Shall mean the reporting or summarizing of information
concerning an event that has either recently taken place or of a current
event of general interest, including, but not limited to, features
commonly known as newscasts, news bulletins, and news anthology programs.
a.
No person shall film or permit filming within the Borough of Englewood
Cliffs without first obtaining a permit, which permit shall set forth
the location of such filming and the date or dates when filming shall
take place.
b.
Permits shall be obtained in the office of the borough clerk and
the application for a permit shall be in a form approved by the borough
clerk and shall be accompanied by a fee as set forth herein, or as
may hereafter be established by ordinance.
c.
A permit shall be sufficient to authorize outdoor or indoor filming
for one day within a period of not more than 10 days beginning on
the date of issuance of the permit. If the filming does not take place
on the dates specified in this permit due to inclement weather, or
for other good causes, the borough clerk may issue a new permit at
no additional fee.
No permit shall be issued for filming with the Borough of Englewood
Cliffs unless the applicant for such permit:
a.
Provides liability insurance coverage for bodily injury of not less
than $100,000 per person, property damage of not less than $50,000
per person and aggregate coverage for both bodily injury and property
damage, per occurrence, of not less than $500,000;
b.
Specifies in writing that the Borough of Englewood Cliffs will be
indemnified and held harmless from any liability or damages resulting
from the filming:
c.
Obtains the written permission of the owners where the filming takes
place on private property;
d.
Agrees to comply with all lawful directives issued by the Englewood
Cliffs Police Department. Fire Department and other departments where
deemed necessary, and to reimburse the Borough of Englewood Cliffs
for any police, fire or other borough personnel;
e.
Delivers to the borough an escrow deposit in an amount equal to twice
the permit fee. Such escrow shall be held by the borough pending completion
of the filming or the expiration of the permit. The escrow may be
used by the borough to reimburse the borough for any costs required
to be paid by the applicant hereunder;
f.
Provides, prior to 20 full days before the filming permit is granted,
written notice to the property owners of properties located and residents
residing within 200 feet of the property lines of the premises for
which the permit is requested. Such notice shall be in writing and
shall advise each property owner or resident of the date or dates
upon which filming is to take place and the location of the premises
where the filming is to take place. Such notice shall be served by
certified mail/return receipt requested upon the property owners or
residents entitled to receive notice at least 20 days prior to the
issuance of the permit, so as to allow residents to file any objections
to same. Upon the written request of the applicant, the borough shall,
within 72 hours make and certify a list from the current tax duplicates
of the addresses of properties located within the borough within 200
feet of the property lines of the premises for which the permit is
requested, together with the names and addresses of the record owners
thereof.
Notice to owners and residents of properties in adjoining municipalities
shall be given by certified mail to the clerk of such adjoining municipality.
Failure to give such notice to a resident or property owner of the
premises not shown on the list shall not invalidate the permit. Prior
to granting of the permit, the applicant shall file an affidavit of
proof of service with the borough clerk;
g.
Obtain the written approval, after an appropriate investigation,
of the police department of the Borough of Englewood Cliffs.
a.
In residential zones, filming shall be permitted only Monday through
Friday, between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever
is earlier.
b.
Filming shall, at all times, be conducted in such a manner as to
minimize the inconvenience or discomfort to adjoining property owners.
The permittee shall avoid any interference with previously scheduled
activities upon public lands and limit, to the extent possible, any
interference with normal public activity on such public lands.
c.
The holder of permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for removing all equipment, debris and other rubbish
from the filming location upon completion of filming or the expiration
of the permit, whichever comes first. Should the holder of the permit
fail to remove all equipment, debris and other rubbish within the
time period specified, the borough may remove same at the expense
of the applicant and the applicant shall reimburse the borough for
the cost thereof.
d.
The applicant shall notify the borough clerk at least 72 hours before
filming in order to give the clerk sufficient opportunity to notify
the affected departments so that they may have an authorized representative
inspect the site and take such other measures as may be necessary
to protect public health, safety or welfare.
e.
The holder of the permit shall comply with all lawful directives
issued by any municipal agency, and comply with all other applicable
laws. When, in the discretion of the chief of police, or his designee,
the presence of police, fire or code enforcement personnel are required
in connection with the filming, the applicant shall reimburse the
borough for the cost of such personnel.
f.
The holder of the permit shall not conduct filming in such a manner
as to preclude access to adjoining properties from the public street
without the express written consent of any property owner affected
thereby.
g.
Vehicles used in connection with the filming, including vehicles
of personnel associated with such filming shall be parked off the
public right of way to the maximum extent possible. Vehicles should
not be parked so as to encroach upon private property without the
express written consent from the owner or occupant thereof. Vehicles
parked in the public right of way shall comply with all applicable
parking and traffic regulations. Vehicles parked or located in violation
hereof may be towed by the borough and the cost thereof shall be reimbursed
to the borough by the applicant.
h.
The holder of the permit shall not suffer or permit any lights used
in connection with filming to shine directly into any windows upon
any other property, nor suffer or permit any noise in excess of the
limitation specified in the borough's noise ordinance. In the event
of a violation hereof, the borough may abate such violation, and charge
the cost thereof to the applicant, who shall reimburse the borough
for such cost.
The borough clerk shall refuse to issue a permit whenever he determines on the basis of objective facts and after a review of the application and a report thereon by the police department and by other agencies involved with the proposed filming site, that filming at the location and/or time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public's use of public land, unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare. The borough clerk shall revoke a permit whenever he determines, on the basis of objective facts, that the applicant has violated any of the regulations as contained in subsection 4-8.4 hereof, or ascertain that any of the requirements or conditions contained in subsection 4-8.3 were untrue or have become violated since the issuance of the permit.
Any person aggrieved by a decision of the borough clerk granting,
denying or reviling a permit may appeal to the borough council. The
council shall hear the appeal at the next regularly scheduled public
meeting of the borough council.
The borough clerk may authorize a waiver of any of the requirements
or limitations of this section if he determines that strict compliance
with such limitations will impose an unreasonable burden upon the
applicant, and that such a permit may be issued without endangering
the public's health, safety and welfare; provided however, the borough
clerk must first report any such waivers to the borough council at
its next regularly scheduled meeting, giving the reasons for any such
waiver.
The fee schedule for permits authorized under this section shall
be as follows:
|
Filming on private property
|
$100
|
|
Additional fee for filming on public land, streets, rights-of-way
or public buildings
|
$250
|
The provisions of this section relating to the requirements
for and the issuance of permits shall not apply to the filming of
news stories, provided, however, that such filming shall comply with
the following regulations:
a.
In residential zones, such filming shall, to the extent possible,
occur only Monday through Friday between the hours of 8:00 a.m. and
7:00 p.m. or sundown, whichever is earlier;
b.
Such filming shall be conducted in such a manner to minimize the
inconvenience or discomfort to adjoining activities or normal public
activities upon public lands;
c.
Such filming shall be conducted so as to minimize the creation and
spread of debris and rubbish during filming, and, upon the completion
of the filming, those conducting the filming shall remove all equipment,
debris and other rubbish from the filming location;
d.
To the extent practical, advance notification shall be furnished
to the borough clerk of such filming;
e.
Such filming shall comply with all lawful directives issued by the
Englewood Cliffs Police Department;
f.
Such filming shall be conducted in such a manner as not to preclude
access to adjoining properties from the public streets or to encroach
upon adjoining property without the express written permission from
the owner and occupant thereof;
g.
Vehicles used in connection with the filming, including vehicles
of personnel associated with such filming, shall be parked off the
public right of way to the maximum extent possible. Vehicles should
not be parked so as to encroach upon private property without the
express written consent from the owner or occupant thereof. Vehicles
parked in the public right of way shall comply with all applicable
parking and traffic regulations. Vehicles parked or located in violation
hereof may be towed by the borough and the cost thereof shall be reimbursed
to the borough by the owner thereof.
h.
Lights used in connection with the filming shall not shine directly
into any window upon other property nor shall any noise from the filming
extend across property lines in excess of the limitations specified
in the borough's noise ordinance.
Any person violating any part of this section shall be subject
to a fine not to exceed $500 or imprisonment for a term not to exceed
90 days, or both.
No person shall install or place upon any public sidewalk or
right of way any newspaper box except in accordance with the rules
and regulations contained herein and without having first obtained
a permit therefor.
a.
The chief of police, or his designee, is hereby authorized to direct
the borough clerk to issue permits for the installation or placement
of newspaper boxes within public rights of way.
b.
An application for permit shall contain a diagram drawn to scale
showing the proposed location of the newspaper box in relationship
to surrounding curbs, streets, sidewalks, fire hydrants, bus stops,
taxi stands, loading zones, public or private driveways, adjacent
buildings, pedestrian crosswalks, handicapped curb cuts, painted parking
stalls, bus shelters and existing newspaper boxes within a radius
of 20 feet.
c.
The application shall be submitted to the borough clerk within a
nonrefundable application fee of $25 to cover the administrative costs
in connection therewith.
d.
Permits issued hereunder shall be valid for a term of one year from
the date of issuance.
e.
Within 10 business days following receipt of a completed application
and payment of the application fee, the chief of police, in conjunction
with the borough clerk, shall issue a permit for a newspaper box upon
the public right of way unless the chief of police finds that the
issuance of the permit would not be in compliance with the rules and
regulations set forth below. Failure to issue the permit within the
time limit provided shall be appealable as set forth below.
f.
Except as otherwise modified herein, the issuance, denial or revocation
of a permit for newspaper boxes, and appeals therefrom, shall be made
in writing to the mayor and council within 20 days of the decision
of the chief of police. A hearing shall be heard within 30 days of
the filing of such appeal.
a.
No newspaper box shall be installed in such a manner as to:
1.
Endanger the safety of persons or property; or
2.
Unreasonably interfere with or impede the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicle;
or
3.
Unreasonably interfere with the ingress or egress from any residence
or place of business; or
4.
Unreasonably interfere with the use of traffic signs or signals,
hydrants or mailboxes permitted at or near said location.
b.
No newspaper box shall be installed in any of the following locations:
1.
Within any public street, shoulder of any public street, public parking
lot or other public area designed for either the parking or passage
of motor vehicles.
2.
Within three feet of a pedestrian crosswalk.
3.
Within 10 feet of a fire hydrant.
4.
Within five feet of a public or private driveway, fire call box,
police call box or other emergency facility.
5.
Within three feet of a painted line of a parking stall.
6.
Within three feet of another newspaper box.
7.
Within 10 feet of the sideline of an intersecting street.
8.
Within three feet of a barrier free curb cut.
9.
Within six feet of the portion of the curbline or street or right
of way designated as either a bus stop, taxi stand or loading area,
or otherwise designated as a "no parking" or "no stopping and standing"
traffic zone.
10.
Within six feet of the curbline of any county or state highway without
express written permission from the appropriate county or state authority
and only if the thoroughfare to which the machine is adjacent allows
stopping or standing within 20 feet of the proposed machine location.
11.
On any privately owned property without the consent of the property
owner.
12.
In such location as to result in an unobstructed sidewalk area of
less than four feet in width.
c.
Subject to the limitations contained in paragraphs a and b above,
newspaper boxes shall only be installed within the public right of
way in the following locations:
1.
Along streets having curbs, immediately adjacent to the edges of
the curb furthest from the street.
2.
Along streets having no curbs, immediately adjacent to that portion
of the sidewalk nearest the street.
3.
Along public streets having neither curbs nor sidewalks, immediately
adjacent to the public right of way.
d.
Permittees shall maintain their newspaper boxes in proper working
order and free of graffiti.
e.
A permittee shall collect and remove all litter which may have accumulated
under, in or about its newspaper box whenever it places additional
newspapers in its newspaper box.
f.
No newspaper box shall be attached by chain, bolts, or otherwise
to any telephone pole, bus shelter, tree, traffic sign, street sign,
sidewalk or pavement or any other structure within any public street,
shoulder of any public street, public parking lot or other public
area.
g.
Newspaper boxes permitted hereunder shall comply with following additional
standards:
1.
No newsrack shall exceed 60 inches in height, 24 inches in width
or 20 inches in thickness.
2.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspaper sold therein.
3.
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.
4.
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 call 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.
5.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that
(a)
It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof:
(b)
It is reasonably free of rust and corrosion. In the visible
unpainted metal areas thereon:
(c)
The clear plastic or glass parts hereof, if any, through which
the publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discolorations:
(d)
The paper or cardboard parts of inserts thereof, if any, are
reasonably free of tears, peeling or fading:
(e)
The structural parts thereof are not broken or unduly misshaped.
h.
Any newspaper box placed or installed without a permit, if required hereunder, or in violation of any of the provisions of this section shall be deemed a public nuisance and the owner thereof shall forthwith remove said newspaper box upon notice thereof from either the police department or the borough clerk. Except in the case of emergencies posing an immediate danger to the public health, safety and welfare, such notice shall be provided in writing to the address of the known. Such notice may be appealed as provided in subsection 4-9.2(f). In the event of the failure or refusal of the owner to so remove said newspaper box following such appeal, if any, the Borough of Englewood Cliffs may cause such newspaper box to be removed and disposed of in accordance with law, and at permittee's expense.
i.
Notwithstanding the provisions of paragraph b10, a newspaper box
may be installed or placed immediately along the side of a bus shelter
or bench subject to the following additional limitations:
1.
Appropriate written approval is obtained from state or county agency
having appropriate jurisdiction.
2.
Only one newspaper box may be installed or placed on either side
of the bus shelter or bench.
3.
Newspaper boxes shall not be placed in such a manner as to interfere
with passage from the bus shelter or bench to the curb.
4.
Newspaper delivery vehicles shall not stop, stand or park within
the designated bus stop area.
Any person violating any provision of this section shall be
subject to a fine not in excess of $1,000 or imprisonment for a term
not to exceed 90 days or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
[Added 7-14-2021 by Ord. No. 21-15]
This section is for the purpose of regulating all games of chance
held, operated or conducted within the Borough, pursuant to Acts of
the Legislature of the State of New Jersey, known as the "Bingo Licensing
Law" (N.J.S.A. 5:8-24 et. seq.) and the "Raffles Licensing Law" (N.J.S.A.
5:8-50 et. seq.) and the "Amusement Games Law" (N.J.S.A. 5:8-100 et.
seq.) in accordance with the rules and regulations issued or to be
promulgated by the Legalized Games of Chance Control Commission (LGCCC)
in the Department of Law and Public Safety of the of the State of
New Jersey. All applications, licenses and proceedings in connection
therewith shall be subject to the provisions of the Acts and the rules
and regulations and any laws, rules and regulations hereafter enacted
and shall be further subject to the provisions of this section.
[Added 7-14-2021 by Ord.
No. 21-15]
The Borough Clerk of the Borough of Englewood Cliffs is hereby
authorized and delegated the authority to approve the granting of
raffle and bingo licenses to be held in the Borough of Englewood Cliffs,
pursuant to N.J.A.C. 13:47-1.1.
[Added 7-14-2021 by Ord.
No. 21-15]
No bingo games in which cash or merchandise shall be offered
as a prize shall be conducted on the first day of the week, commonly
known and designated as Sunday.
[Added 7-14-2021 by Ord.
No. 21-15]
a.
No raffle or other game of chance in which cash or merchandise shall
be offered as a prize shall be conducted on Sundays, unless it shall
be specifically permitted in the license for the holding, operation
and conducting of such raffle or game of chance issued by the Borough
of Englewood Cliffs Clerk.
b.
The applicant for a license to conduct a raffle or other game of
chance who desires permission to conduct such raffle or game of chance
on Sundays must specifically request such permission in its application,
must specify the type and nature of the game for which such permission
is sought and must demonstrate good cause for the issuance of such
special permission.
c.
Any applicant who fails to specifically request such special permission
or fails to demonstrate good cause for the issuance of such special
permission shall not be permitted to conduct such games on Sundays.
d.
The Borough Clerk may, in his or her discretion and for good cause
shown and issue a license to conduct raffles or other games of chance
which would permit the conduct of raffles and other games of chance
on Sundays.
[Added 7-14-2021 by Ord.
No. 21-15]
The Borough Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application in accordance
with applicable licensing laws. The Borough Clerk is designated as
the person having authority to approve the issuance of raffle and
bingo licenses.
[Added 7-14-2021 by Ord.
No. 21-15]
No license shall be:
a.
Issued for a period of more than one year.
b.
Issued for holding, operating or conducting any game of chance which
may be licensed under other licensing laws.
c.
Issued to any organization not having a bona fide situs established
in good faith within the State of New Jersey and actively engaged
in serving one or more of the authorized purposes as defined by the
rules and regulations of the Legalized Games of Chance Control Commission.
[Added 7-14-2021 by Ord.
No. 21-15]
Each license shall be in a form prescribed by the State Control
Commission.
[Added 7-14-2021 by Ord.
No. 21-15]
The Borough Clerk issuing any license under this section and
applicable licensing laws shall have and exercise control and supervision
over all licensed games of chance.
[Added 7-14-2021 by Ord.
No. 21-15]
No person under the age of 18 years shall be permitted to participate
in any game or games of chance held, operated or conducted pursuant
to any license issued by the Borough.
[Added 7-14-2021 by Ord.
No. 21-15]
No licensed game or games of chance shall be held, operated
or conducted on more than six days in any calendar month, or in any
room or outdoor area where alcoholic beverages are sold or served
during the progress of the game or games.
[Added 7-14-2021 by Ord.
No. 21-15]
All licenses issued under this chapter shall be subject to applicable
conditions, restrictions, regulations, and rules of the Raffles Licensing
Law, Bingo Licensing Law, Legalized Games of Chance Control Law (LGCCC)
and the State Control Commission.
[Added 7-14-2021 by Ord.
No. 21-15]
The Borough Clerk shall:
a.
File with the Legalized Games of Chance Control Commission a certified
copy of this Chapter within 10 calendar days after its adoption.
b.
On or before the first day of February in each year, or at any other
time or times which the Commission may determine, report to the Commission
the number of licenses issued by the Township; the names and addresses
of all persons who have violated this section; the names and addresses
of all persons prosecuted for such violations; and the result of each
such prosecution, including the penalties imposed therein, during
the preceding calendar year or the period the report is required.
[Added 7-14-2021 by Ord.
No. 21-15]
a.
As allowed by State law, the Borough's fee schedule is identical
to that of the New Jersey Legalized Games of Chance Commission (LGCCC),
as they are amended/revised from time to time.
b.
Every application for a bingo or raffle license to the Borough Clerk
must be accompanied by two separate checks: one payable to the legalized
Games of Chance Control Commission (LGCCC); and one payable to the
Borough of Englewood Cliffs, both checks should be for the same amount.
c.
Englewood Cliffs Borough volunteer fire companies and first aid/emergency
rescue squads are exempt from the fees imposed by the Borough pursuant
to this subsection. This exemption does not apply to fees required
by any State of New Jersey agency/entity or any other non-Borough
entity.
[Added 7-14-2021 by Ord.
No. 21-15]
The license fees set forth in § 4-10.13 shall not apply to any senior citizen association or club registered with the State Gaming Control Commission which will hold, operate or conduct the games solely for the bona fide active members of the licensed association or club. No fee shall be charged to any senior citizen association or club for processing an application or issuing a license to hold, operate or conduct any legalized game of chance solely for its bona fide active members.
[Added 7-14-2021 by Ord.
No. 21-15]
All license fees shall become the property of the municipality.
[Added 7-14-2021 by Ord.
No. 21-15]
No person, organization, club, company or squad shall conduct,
operate, run, participate in or attend at any unlicensed raffle or
bingo games in the Township.
[Added 7-14-2021 by Ord.
No. 21-15]
No person, organization, club, company or squad shall violate
any of the terms or provisions of:
[Added 7-14-2021 by Ord.
No. 21-15]
No games of chance shall be conducted under any license at any
time during which a general municipal, primary, special or Board of
Education election is being held, while the polls are open for voting.
[Added 7-14-2021 by Ord.
No. 21-15]
a.
Suspension and revocation of the license issued by the Borough pursuant
to this section in accordance with N.J.S.A. 5:8-30; and
b.
Any additional penalties, including civil monetary penalties, that
may be imposed by the Legalized Games of Chance Control Commission
(LGCCC) pursuant to N.J.S.A. 5:8-30a through e, and N.J.S.A. 5:8-30.2;
and
c.
A conviction for violating this section hereunder shall be grounds,
in the sole discretion of the Borough Clerk, to suspend or revoke
a license issued under this section.
