Editor's Note: By reason of the Charter and N.J.S.A. 26:3-1, the powers of the local Board of Health are exercised by the Municipal Council in the City of Bayonne. The general power to adopt health ordinances is contained in N.J.S.A. 26:3 — 31. See also Chapter 5, Animal Control.
[1972 Code § 20-1.1]
a.
Health Officer. There shall be a Health Officer who shall be duly
licensed by the State of New Jersey and shall be the general agent
of the City for the enforcement of this chapter and the sanitary laws
of the State of New Jersey.
b.
Special Health Reporting Officers. There shall be, when authorized
by the Municipal Council, Special Health Reporting Officers who shall
promptly report to the Division of Health every violation of health
ordinances, rules and regulations which may come within their observation
or knowledge. The Police and Fire Officers, the Construction Official
and the Engineer may be designated as Special Health Reporting Officers.
[Ord. No. O-04-20 § 1; Ord. No. O-07-10 § 1; Ord. No. 07-51 § 1]
The Council shall appoint a Registrar of Vital Statistics to
serve for a term of three years and until a successor is qualified
and appointed. The Registrar of Vital Statistics shall have the powers,
duties, responsibilities and authority prescribed by law for that
officer.
[1972 Code § 20-1.2]
There shall be appointed such other officers, inspectors and
employees as shall be deemed necessary by Council to carry out and
enforce the provisions of this chapter and the work of the Division
of Health.
[1972 Code § 20-1.4]
The Division of Health or its officers, agents or employees
may, upon affidavit, apply to the Judge of the Municipal Court for
a search warrant setting forth the conditions and circumstances that
provide reasonable grounds for believing that a violation of this
chapter exists on the premises. If the Judge is satisfied as to the
matters set forth in the affidavit, he shall issue a search warrant
permitting access for an inspection of that part of the premises upon
which the violation may exist.
[1972 Code § 20-1.5]
The agents, employees or officers of the Division of Health
shall have the right to enter into and upon any premises, public or
private building, or vehicle for the purpose of enforcing the provisions
of the health codes and the health laws and regulations of the State
of New Jersey or to determine whether such provisions or rules and
regulations are being complied with. No person shall oppose such entry
or hinder or interfere with the Division of Health or any of its members,
agents or employees in the performance of their duties.
[1972 Code § 20-22]
The penalty upon conviction of a violation of any section of this chapter for which no specific penalty is provided shall be as provided in Chapter 1, Section 1-5 of the Revised General Ordinances. Notwithstanding and in addition to any penalty provided for in any of the codes adopted by reference in this chapter and the penalties provided for in Section 1-5, the minimum penalty upon conviction of a violation of Sections 21-10 Public Health Nuisance Code, 21-5 Retail Food Establishments and Food and Beverage Vending Machines, 21-16 Solid Waste Code, 21-26 Cleaning and Laundering Establishments, 21-27 Laundries, 21-11 Heating, 21-12 Emergency Fuel Oil Delivery, 21-13 Hot Water Supply in Residences and Rooming Houses, 21-7 Food Service Manager Certification, or 21-30 Pigeons and Poultry shall be a fine of at least $50.
[1972 Code § 20-2.1]
All applications or permits required by this chapter or any
supplements or amendments thereto, except where otherwise provided
by law, shall be filed with the Division of Health and shall be in
such form as the division shall prescribe. Upon the filing of an application
and payment of the prescribed fee, the Health Officer is authorized
to issue a license or permit to the applicant provided he has complied
with all other requirements.
[1972 Code § 20-2.2]
In the event of the violation of any of the provisions of this
chapter or of duly adopted rules and regulations, a license or permit
issued pursuant to this chapter may be revoked after a hearing before
the Health Officer, upon charges filed with the Division of Health
and a time for the hearing fixed, of which the holder of the license
or permit shall have at least one week's notice by certified mail,
addressed to the address of the holder of the license or permit as
appears upon the aforesaid application. The penalty of revocation
provided in this subsection may be in addition to any other penalties
provided for violations of this or any other chapter. No person shall
operate any business or conduct any activity for which a license or
permit is required by this chapter or amendments or supplements thereto
after revocation of the license or during the period of suspension,
as hereinafter provided.
[1972 Code § 20-2.3]
In the event of a violation by the holder of a license or permit of any of the provisions of this chapter where the effect of the violation is such as to constitute a hazard or injury to public health, the Health Officer is authorized to suspend the license or permit pending the hearing before him as provided in subsection 21-2.2. Notice of suspension shall be given in writing. In the event of suspension, the Health Officer shall, within 24 hours after notice of suspension, give to the holder of the license or permit an opportunity for a hearing before him and to present such evidence as may be desired concerning the violation. After a hearing, the Health Officer may continue or discharge the suspension.
[1972 Code § 20-2.4]
The decision of the Health Officer to suspend or revoke a permit
or license shall be appealable to the City Council, provided notice
of such an appeal is filed with the City Clerk, in writing, within
10 days of the decision appealed from. The Council shall afford the
appellant a prompt hearing at which he may be represented by counsel
and shall determine whether the action of the Health Officer should
be sustained, reversed or modified in any particular.
[1972 Code § 20-2.5]
a.
All permits and licenses shall be prominently displayed upon the
premises for which they are issued. Upon each and every vehicle or
device used in the business for which a license or permit is required,
there shall be displayed at all times in plain sight, on the left
side or rear of the vehicle or device, each current license or permit
sign as may be provided by the Division of Health.
b.
Every holder of a license or permit shall exhibit same upon demand
of the Health Officer or any other authorized representative of the
Division of Health or any Police Officer of the City.
[Ord. No. O-00-54 § 3
[20-2.6]; Ord. No. O-12-02 § 8]
a.
In the event the Health Officer or designee thereof determines it
necessary to reinspect an establishment or facility before issuing
a license or permit, the applicant shall be required to pay a reinspection
fee of $175. In the event a third inspection is required, the fee
shall increase to $350.
b.
Upon being informed that a reinspection fee is required the applicant
has five business days to request an informal hearing before the Health
Officer. The request must be in writing.
[1972 Code §§ 20-4.1, 20-5.1; New]
Chapter XII of The State Sanitary Code, Sanitation in Retail
Food Establishments and Food and Beverage Vending Machines (N.J.A.C.
8:24-1.1 et seq.), is hereby adopted by the Municipal Council of the
City of Bayonne.
[New; Ord. No. O-09-28 § 2]
a.
No person shall operate a retail food establishment as defined in
N.J.A.C. 8:24-1.3 without having first obtained a license.
b.
No person shall engage in the operation of one or more food or beverage
machines as defined in N.J.A.C. 8:24-13 without first having applied
to and procured a permit from the Division of Health and without complying
with any and all of the provisions of N.J.A.C. 8:24-13.
c.
No person shall maintain or permit to be maintained on or in any
location in the City, one or more food or beverage machines as defined
in N.J.A.C. 8:24-1.3 without first having applied to and procured
a license for each such machine or device from the Division of Health
and without complying with any and all of the provisions of this section.
[New; Ord. No. O-09-28 § 2; Ord. No. O-12-02 § 8]
In addition to the requirements contained in N.J.A.C. 8:24-1.3,
each application for a license as a retail food establishment shall
be investigated by a Sanitary Inspector of the Division of Health
who shall report his findings in writing to the Health Officer within
a reasonable time. The fee for said pre-operation inspection shall
be $75.
[New; Ord. No. O-07-51 § 1; Ord. No. O-08-02 § 3; Ord. No. O-12-02 § 8]
The annual fees for licenses under this section shall be as
follows:
a.
Retail food establishment (Selling area under 2,500 square feet):
$175.
b.
Retail food establishment (Selling area 2,500 square feet to 5,000
square feet): $350.
c.
Retail food establishment (Selling area 5,000 square feet to 15,000
square feet): $700.
d.
Retail food establishment (Selling area 15,000 square feet or more):
$2,000.
e.
Non-food establishment (Selling small quantities of prepackaged goods):
$75.
f.
Restaurants (Seating 1 to 25): $200.
g.
Restaurants (Seating 26 to 75): $300.
h.
Restaurants/catering establishments (Seating 76 to 150): $450.
i.
Restaurants/catering establishments (Seating over 150): $650.
j.
Fish, chicken, meat markets: $225.
k.
Bakery: $225.
l.
Produce market: $225.
m.
One day/short term events: $100.
n.
Vending Machines.
Annual permit fee: $150.
License fee - Per machine: $40.
o.
School cafeteria: $200.
p.
Bar & grill: $100.
[New]
The following shall apply:
a.
Outdoor Display and Sale. No person, firm, or corporation shall place
or exhibit for delivery, display, or sale purposes any food or food
products or material on any outdoor premises. This paragraph shall
not pertain to the vending of food or food products from a peddler's
mobile truck.
b.
Wholesale Delivery of Food and Food Products. Bakery products while
being delivered or transported shall be wrapped in paper, cellophane
or wax bags, the opened end of which shall be securely sealed by means
of gum, staples, heat adhesion or other similarly accepted sealing
processes. When bakery products and all other food products are left
for delivery prior to the opening of the establishment to which they
are to be delivered, the bakery and other food products shall only
be left on an elevated structure at least 18 inches in height or in
an enclosure protecting the bakery and other food products from dust,
dirt, flies and the weather elements.
[New]
Any license required under this section that is not renewed
by January 31st in the year in which the license is required will
be subject to a $50 fine.
[New]
No provisions of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the State or Federal government.
[1972 Code § 20-14.1; Ord. No.
O-13-08]
As used in this section:
Shall mean a nationally-recognized nonprofit organization
that develops standards and implements practices to ensure food safety.
Shall mean the duly licensed agent of the local Board of
Health and/or State Department of Health and Senior Services to act
in the enforcement of its ordinances and sanitary laws of the State.
Shall mean any foods that require time-temperature control
to keep them safe for human consumption. Examples of these foods include,
but are not limited to:
Meat (beef, pork, lamb);
Poultry (chicken, turkey, duck);
Fish;
Shellfish and crustaceans;
Eggs;
Milk and dairy products;
Heat-treated plant food (cooked rice, beans, or vegetables);
Baked potatoes;
Certain synthetic ingredients;
Mushrooms;
Cut tomatoes;
Cut leafy greens;
Raw sprouts;
Tofu and soy-protein foods;
Untreated garlic and oil mixtures;
Cut melons, including watermelon, cantaloupe, and honeydew.
Shall mean any area, place, store or hall, fixed or mobile,
public or private, in which food or drink is prepared for retail sale
or service on the premises or elsewhere.
Exempt from the definition as contained in the preceding paragraph
are establishments dealing exclusively with food prepared, wrapped
and sealed by the manufacturer needing no preparation or refrigeration.
These establishments are required to obtain a license, but do not
have to obtain certification.
Shall mean the person responsible for the complete operation
of the retail food service establishment during all hours of operation.
Shall mean any retail food establishment that:
Has a menu which requires the handling of raw ingredients; and
is involved in the complex preparation of menu items that includes
the cooking, cooling, and reheating of at least three or more potentially
hazardous foods. Such establishments may include, but are not limited
to, full-service restaurants, diners, commissaries, and catering operations;
or
Prepares and serves non-potentially and/or potentially hazardous
foods including the extensive handling of raw ingredients; and whose
primary service population is a highly susceptible population. Such
establishments may include, but are not limited to, hospitals, nursing
homes, and preschools preparing and serving potentially hazardous
foods.
[1972 Code § 20-14.2; Ord. No.
O-09-28 § 2; Ord. No.
O-13-08]
a.
All Risk Type 3 retail food service establishments shall have in
their employment at least one full time certified food service manager.
b.
Persons to be employed as, or promoted to, retail food service managers
shall be certified prior to employment or promotion as required by
N.J.A.C. 8:24-11.3.
c.
A certificate shall be issued by the Division of Health once the
individual passes an American National Standards Institute (ANSI)-Conference
for Food Protection (CFP)-approved food safety certification examination
which shall be valid for five years from the date of issue unless
it is revoked or suspended by the Health Officer or his/her designee.
Certified retail food service managers must be recertified prior to
the expiration of the valid certificate.
[1972 Code § 20-14.3; Ord. No.
O-13-08; Ord. No. O-16-05]
a.
A six-hour retail food service manager's training program, developed
by the Health Officer or his/her designee, shall include codes and
regulations pertaining to food, facilities, food handlers and inspection
reports.
b.
At the conclusion of the six-hour course, the Health Officer or his/her
designee shall proctor an American National Standards Institute (ANSI)-Conference
for Food Protection (CFP)-approved food safety certification examination
to be taken by those persons attending the course. The minimum passing
grade for the written examination shall be 70 based on a perfect score
of 100.
c.
Applicants who fail to pass the initial certification examination
may repeat the examination once without requiring the six-hour retail
food service manager's training program. Applicants who fail to pass
the second examination shall be requested to repeat the six-hour retail
food service manager's training program.
d.
The cost of the retail food service manager's training program shall
be determined by the Director of Administration.
e.
The fee for the food safety manager's certification training program
must be received prior to the start of training otherwise an individual
will not be permitted to participate in the training program. All
persons sitting for the food safety certification exam must provide
a valid governmental form of ID in order to receive an examination
booklet.
[1972 Code § 20-14.4; Ord. No.
O-13-08]
The Health Officer or his/her designee shall issue a certificate to each successful applicant meeting the criteria set forth in subsections 21-7.2 and 21-7.3. The certificate shall be posted, together with the latest inspection report, in a conspicuous location to the public entrance of the establishment.
[1972 Code § 20-14.5; Ord. No.
O-13-08]
It shall be the duty of certified retail food service managers:
a.
To maintain that the retail food establishment operations are not
conducted in a private home or in a room used as living or sleeping
quarters;
b.
To maintain that persons unnecessary to the retail food establishment
operation are not allowed in the food preparation, food storage, or
warewashing areas;
c.
To maintain that employees and other persons such as delivery and
maintenance persons and pesticide applicators entering the food preparation,
food storage, and warewashing areas comply with this section;
1.
To routinely monitor all employees' handwashing, that employees are
effectively cleaning their hands;
2.
To routinely monitor employees observations and periodically evaluate
foods upon their receipt, that employees are visibly observing foods
as they are received to determine that they are from sources that
are subject to inspection by the appropriate regulatory authority
as set forth in N.J.A.C. 8:24-3.2, delivered at required temperatures,
protected from contamination, unadulterated, and accurately presented;
3.
To oversee that employees routinely monitor cooking temperatures
using appropriate temperature measuring devices properly scaled and
calibrated, that employees are properly cooking potentially hazardous
food, being particularly careful in cooking those foods known to cause
severe foodborne illness and death, such as eggs and comminuted meats;
4.
To oversee that employees routinely monitor food temperatures during
cooling, that employees are using proper methods to rapidly cool potentially
hazardous foods that are not held hot or are not for consumption within
four hours;
5.
To routinely monitor solution temperature and exposure time for hot
water sanitizing, and chemical concentration, pH, temperature, and
exposure time for chemical sanitizing, that employees are properly
sanitizing cleaned multiuse equipment and utensils before they are
reused;
d.
To notify consumers that clean tableware is to be used when they
return to self-service areas such as salad bars and buffets;
e.
To prevent employees from cross-contamination of ready-to-eat food
with bare hands by properly using suitable utensils such as deli tissue,
spatulas, tongs, single-use gloves, or dispensing equipment; and
f.
To properly train retail food establishment personnel in food safety
and sanitation as it relates to individual employee's assigned duties;
g.
To maintain retail food establishments to comply with Chapter 24 of the New Jersey State Sanitary Code (N.J.A.C. 8:24-1 et seq.);
h.
To be responsible for communications with representatives of the
State Department of Health.
[1972 Code § 20-14.6; Ord. No.
O-13-08]
The Health Officer or his/her designee, after ascertaining that
the certified food service manager is unable to properly perform his
duty, shall issue a notice of violation, afford the food service manager
a hearing and a notice of the hearing shall be given to the certified
food service manager setting forth the time and place of the hearing.
After the hearing if it is determined from the facts adduced that
the certified food service manager is unable to properly perform his/her
duties in accordance with the provisions of this section, then the
Health Officer or his/her designee may revoke or suspend the certificate.
[1972 Code § 20-3.1]
A code defining and prohibiting certain matters, things, conditions
or acts and each of them as a nuisance, prohibiting certain noises
or sounds, requiring the proper heating of apartments, prohibiting
lease or rental of certain buildings, prohibiting spitting in or upon
public buildings, conveyances or sidewalks, authorizing the inspection
of premises by an enforcing official, providing for the removal or
abatement of certain nuisances and recovery of expenses incurred by
the City in removing or abating such nuisances and prescribing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
et seq. A copy of the code is annexed to this chapter and made a part
of it without the inclusion of the text herein.
[1972 Code § 20-3.2]
The code established and adopted by this section is described
and commonly known as the Public Health Nuisance Code of New Jersey
(1953).
[1972 Code § 20-3.3]
Ten copies of the Public Health Nuisance Code of New Jersey
(1953) have been placed on file in the office of the City Clerk for
the use and examination of the public.
[1972 Code § 20-3.4]
Section III of the Public Health Nuisance Code of New Jersey
(1953), Proper Heating of Apartments, is hereby repealed.
[1972 Code § 20-12.1; Ord. No.
O-11-01; Ord. No. O-14-32]
a.
Every person who shall have contracted or undertaken, or shall be
bound to heat, or to furnish heat for any building, or portion thereof,
occupied as a home or place of residence of one or more persons, or
as a business establishment where one or more persons are employed,
shall heat, or furnish such heat for every occupied room in such building,
or portion thereof, so that a minimum temperature of 68° F. shall
be maintained therein, in any building or portion thereof occupied
as a home or place of residence, and during the usual working hours
established and maintained in a building or portion thereof, occupied
as a business establishment during the period from October 1 to May
1.
[1972 Code § 20-12.2; Ord. No.
O-14-32]
The provisions of this section shall not apply to building,
or portions thereof, used and occupied for trades, business or occupations
where high or low temperatures are essential or unavoidable.
[1972 Code § 20-12.3; Ord. No.
O-14-32]
The following shall apply:
a.
For the purpose of this section, wherever a building is heated by
means of a furnace, boiler or other apparatus under the control of
the owner, agent, or lessor of the building, such owner, agent or
lessor, in the absence of a contract or agreement to the contrary,
shall be deemed to have contracted, undertaken or bound himself to
furnish heat in accordance with the provisions of this section.
b.
The owner or person in charge of any rented or leased dwelling or
building where the heating system is a permanent part of the property
shall maintain the heating system in a safe and proper working condition,
to supply heat to the dwelling or building.
[1972 Code § 20-12A.1; Ord. No.
O-14-32]
a.
The Health officer is hereby designated as agent for residential
landlords to engage a fuel oil dealer to deliver fuel oil at a reasonable
price per gallon and to refire the burner to restore the proper heating
of any residential property rented by the landlords to which this
section applies.
b.
The Health Officer shall be empowered to authorize any fuel oil dealer
supplying fuel oil pursuant to this section to bill the landlord directly
or to supply the fuel oil dealer with a voucher for payment by the
City.
c.
The Health officer is hereby designated as agent for residential
landlords to engage a licensed plumber at a reasonable price per hour
to make any and all repairs to a heating system necessary to render
it in working order in order to restore the proper heating of any
residential property rented by the landlords to which this section
applies.
d.
The Health Officer shall be empowered to bring an action in Superior
Court, the County District Court or Municipal Court to recover any
expenses and costs incurred by the City in supplying fuel oil, refiring
the burner, or making repairs pursuant to this section, to recover
a civil penalty pursuant to "The Emergency Fuel Oil Delivery Act,"
N.J.S.A. 26:3-31.4, and to seek injunctive or other appropriate relief
pursuant to the act. The municipality may choose to recover such penalty
in a civil action in summary proceeding pursuant to the Penalty Enforcement
Law (N.J.S.A. 2A:58-1 et seq.). Any action to collect or enforce any
such penalty shall be brought in the court having jurisdiction over
such action, and the amount thereof shall be paid to the municipality
to be used for general municipal purposes.
[1972 Code § 20-12A.2; Ord. No.
O-09-28 § 2; Ord. No.
O-14-32]
a.
The Health Officer shall determine that the health and safety of
affected residential tenants requires that fuel oil be supplied pursuant
to this section and/or that repairs to a heating system are necessary;
and
b.
A tenant or his representative has first made a bona fide attempt
to notify the landlord of a lack of heat and the landlord has failed
to take appropriate action, and then lodged a complaint with the Division
of Health or other appropriate City agency; and
c.
At least 12 hours have elapsed since receipt of the tenant's complaint
during which time the outside temperature has been continuously less
than 55° F., or at least four hours have elapsed during which
time the outside temperature was 32° F. or less.
e.
The Health Officer shall attempt to obtain fuel delivery from the
landlord's fuel oil supplier listed on the certificate of registration
required to be filed with the City Clerk and the New Jersey Department
of Community Affairs, and shall make a reasonable effort to determine
the name of the supplier. In the event the Health Officer is unable
to obtain the name of the fuel oil supplier or the supplier will not
cooperate, the Health Officer may obtain the services of any other
fuel oil supplier. In the event that the property is not heated by
oil or is otherwise in disrepair, the Health Officer shall make a
reasonable attempt to determine the name of the landlord's usual heating
service provider and attempt to have that provider repair the system.
In the event that the Health Officer is unable to obtain the name
of the landlord's usual heating service provider or said provider
will not cooperate, the Health Officer may obtain the services of
another heating service provider.
[1972 Code § 20-12A.3; Ord. No.
O-14-32]
This section shall not apply to owner-occupied residential properties containing five units or less. Nothing in this section shall be construed to limit the responsibility of residential landlords to supply heat to residential tenants as required by Section 21-11.
[1972 Code § 20-13.1; Ord. No.
O-11-36; amended 12-14-2022 by Ord. No. O-22-45]
Every person, firm or corporation who shall have contracted,
undertaken, or shall be bound to furnish hot water to occupants of
rooming houses or residences occupied by two or more families shall
furnish to such occupants or tenants, at all times, an adequate supply
of running hot water of a minimum temperature of 120° F.
[1972 Code § 20-13.2]
Wherever a rooming house or residence is supplied with hot water
from a plant or system operated or under the control of the owner,
lessor or agent of the rooming house or residence, in the absence
of written contract or agreement to the contrary, the owner, lessor
or agent shall be deemed to have contracted, undertaken or bound himself
or herself to furnish hot water under this section. The presence of
such a hot water plant, or system in any such rooming house or residence
shall be prima facie evidence of such contract or undertaking.
[1972 Code § 20-8.1]
A code regulating the manner in which refuse may be stored,
collected and disposed of; declaring and defining certain conditions
as nuisances; fixing the responsibilities and duties of persons storing,
collecting or disposing of refuse and providing for issuance of permits
to collect refuse is hereby established pursuant to the provisions
of N.J.S.A. 26:3-69.1 et seq. A copy of the code is annexed to this
chapter and made a part of it without the inclusion of the text therein.
[1972 Code § 20-8.2]
The code established and adopted by this section is described
and commonly known as the Solid Waste Code of New Jersey (1959).
[1972 Code § 20-8.3]
Ten copies of the Solid Waste Code of New Jersey (1959) have
been placed on file in the Office of the City Clerk for the use and
examination of the public.
[1]
Editor's Note: Prior ordinance history includes portions of
1972 Code §§ 20-9.1 through 20-9.5.
[Ord. No. O-11-18]
No person shall construct or establish a swimming pool without first having obtained a permit and license. Application for a permit, accompanied by plans and specifications shall be made to the Zoning Officer and Construction Official by the owner of the property. The Zoning Officer and Construction Official shall issue a permit for the construction or installation of the pool if it complies with the rules and regulations in this section and Section 33-10.27. The fee for a permit shall be collected by the Construction Official.
[Ord. No. O-11-18]
a.
Materials of Construction. The interior surfaces of swimming pools
shall be waterproof and easily cleaned and shall be of a light color,
except that aluminum paint shall not be used as a finish. Sand or
earth bottoms shall not be permitted.
b.
Water Supply. There shall be no cross connection between a potable
public or private water supply system and swimming pools or to recirculating
or heating systems of such pools.
[Ord. No. O-11-18]
Every swimming pool constructed or to be constructed in the City shall at all times comply with the requirements of this section and subsection 33-10.27.
a.
Any nuisance or hazard to health which may exist or develop in or
in consequence of or in connection with any swimming pool shall be
abated and removed by the owner, lessee or occupant of the premises
on which the pool is located within 10 days of receipt of written
notice from the Construction Official, the Division of Health, or
other City agency with jurisdiction.
b.
In the event of failure, or upon refusal of the owner, lessee or
occupant of the premises to comply as ordered, the Construction Official,
the Division of Health, or other City agency with jurisdiction shall
have the right to close the pool to further use until such time as
compliance is obtained.
[Ord. No. O-11-18]
In the event any provision of this section pertaining to swimming
pools conflicts with the State Uniform Construction Code, the provision
of the State Uniform Construction Code shall prevail.
[1972 Code § 20-21.1]
The Municipal Council of the City of Bayonne is cognizant that
numerous studies have found that tobacco smoke is a major contributor
to indoor air pollution, that the U.S. Environmental Protection Agency
has designated secondhand smoke a class A carcinogen as well as a
significant cause of respiratory problems in children and that studies
have shown that environmental tobacco is a cause of cardiovascular
disease in non-smokers. Based upon the published warnings of the U.S.
Surgeon General and on the basis of scientific reports and other authoritative
and instructive data, the Municipal Council has determined that the
public interest requires certain measures to be established to eliminate
exposure to environmental tobacco smoke in the municipal buildings
within the City, and this section intends to (1) protect the public
health and welfare by eliminating smoking in municipal buildings throughout
the City, and (2) guarantee that the need to breathe smoke-free air
shall take priority over smoking.
[1972 Code § 20-21.2]
Smoking shall be prohibited in all enclosed municipal buildings
or facilities, without exception, within the City, including, but
not limited to, the following places:
a.
The municipal building and all outdoor areas within 20 linear feet
from any and all entrances and exits thereof, thereby ensuring that
tobacco smoke does not enter the smoke-free indoor area through entrances,
windows, ventilation systems or any other means.
[Amended 5-15-2019 by Ord. No. O-19-32]
b.
All polling places and all outdoor areas within 20 linear feet from
any and all entrances and exits thereof.
[Amended 5-15-2019 by Ord. No. O-19-32]
c.
All restrooms, lobbies, reception areas, hallways, elevators, service
lines and other common-use areas in enclosed municipal buildings or
edifices.
d.
All fire houses, police stations and public library branches.
e.
All other enclosed facilities owned, leased or operated by the City.
[1972 Code § 20-21.3]
The Mayor shall provide a written policy and that smoke-free
policy shall be in effect, making all enclosed facilities owned, leased
or operated by the City smoke-free. The Mayor shall provide all employees
with a copy of the smoke-free policy. All prospective employees shall
receive a copy of the policy.
[1972 Code § 20-21.4; Ord. No.
O-09-28 § 2]
The Health Officer, or the Health Officer's designee, and the
Police Department are hereby charged with the enforcement of this
section. All members of the Division of Health and the Police Department
are hereby designated as enforcement officers for the purpose of enforcement
of this section. Any municipal employee or citizen of the City of
Bayonne who desires to register a complaint under this section may
initiate enforcement by way of written complaint to the Health Officer,
or the designee of the Health Officer, or the Police Department.
[1972 Code § 20-21.5]
A "No Smoking" sign shall be clearly, sufficiently and conspicuously
posted at every entrance to every enclosed municipal building and
facility where smoking is prohibited by this section. The sign(s)
shall have the words "No Smoking" in lettering that is not less than
two inches in height, or shall contain the international symbol or
sign for no smoking (consisting of a pictorial representation of a
burning cigarette enclosed in a circle with a bar diagonally through
the cigarette) that is not less than two inches in height.
[1972 Code § 20-21.6]
No provision of this section shall be construed or interpreted
to allow smoking where it is otherwise restricted by other laws.
[1972 Code § 20-21.8]
It shall be unlawful to smoke or carry a lighted cigarette,
cigar or pipe where smoking is prohibited. Any person who shall violate
any provision of this section shall be guilty of an infraction punishable
by:
[Ord. No. O-01-44; Ord. No. O-09-28 § 2]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the person who forms, produces, inserts, creates
or removes any object, including but not limited to jewelry, into
or out of the human body.
Shall mean piercing of the human skin, cartilage, fatty tissue
or tongue, for the express intention of the insertion of any object,
including but not limited to jewelry, provided, however, that the
piercing of the lobes of the ears shall be specifically excluded from
the purview of this section.
Shall mean the City of Bayonne, Division of Health.
Shall mean the indelible mark or figure affixed upon the
surface of the human body by the insertion of pigment under the skin
or the injection of dye into the skin of a person, or the introduction
of a vegetable color into the skin.
Shall mean the person who forms, produces, creates or removes
tattoos.
[Ord. No. O-01-44; Ord. No. O-09-28 § 2; Ord. No. O-12-02 § 8]
a.
Any person, firm, partnership, or corporation desiring to engage
in body piercing or tattooing shall apply to the City of Bayonne Division
of Health, in writing, on forms promulgated and supplied by the Division
of Health for that purpose, which form shall be duly verified by the
applicant. Separate applications will be required for body piercing,
body branding, and tattooing. The application, accompanied by the
license fee, in the amount of $1,000, shall set forth:
1.
The name, permanent addresses and telephone numbers of the applicant;
2.
Local permanent address and telephone number of the manager of the
business if different from the applicant;
3.
If applicant is a corporation, partnership, LLP or LLC, the name
and address of its registered agent;
4.
The name and address of the person residing in or employed at the
City designated by the applicant to accept service of process of any
complaint arising out of an alleged violation of the provisions of
this section.
5.
Copy of the New Jersey Sales Tax Certificate;
6.
Federal Employer Identification Number (EIN) if applicant is a corporation,
partnership or firm; 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, such as an alien registration card
issued by the United States Immigration and Naturalization Service
(INS) on Form No. I-151, 1-551, I-94 with an endorsement authorizing
employment in the United States.
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 $3,000,000 for the applicant, operator, and/or owner
of the establishment. Proof should include the name and address of
the carrier, the account number of the insured, as well as proof of
current coverage (photocopy of insurance card is acceptable).
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.
Owner, operator, practitioner and apprentice shall provide proof
of at least 12 months experience. Owner/operator proof shall include:
a signed statement from previous employer, a business license, business
records, purchasing records, one or more samples of applicant's advertising.
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, 10 original photographs
of piercing, tattoos; and completion of bloodborne pathogen course.
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.
b.
Each applicant for a license must qualify for a body piercing license
and the requisite fee therefor, which is established at $1,000, must
be paid prior to the issuance of a license to engage in body piercing.
c.
Each applicant for a license must qualify for a tattooing business
license and the requisite fee therefor, which is established at $1,000,
must be paid prior to the issuance of a license to engage in tattooing
of the body.
d.
Each body piercing license, license and tattooing business license
issued by the Division of Health shall contain a registration number
and no such license shall be transferable to another person or entity.
Licenses may be transferred from present address to a new address,
upon notification to the Division of Health with payment of a fee
of $100.
[Ord. No. O-01-44]
Licenses issued pursuant to the provisions of this section shall be valid only for the period of issuance and shall be effective only from the date of issue each year. The period of issuance is 12 months. No license will be issued for a subsequent year without again complying with the provisions of Section 21-1.2.
[Ord. No. O-01-44; Ord. No. O-12-02 § 8]
a.
The schedule of fees for the issuance of permits authorized by this
section is as follows:
1.
Basic license to operate a body piercing and/or tattoo establishment:
$1,000 for each activity.
2.
Inspection fee for annual inspection of body piercing and/or tattoo
establishment: $200. Annual inspection is required within every 12
calendar months. The City of Bayonne Health Officer, or the Health
Officer's designee, shall conduct an annual inspection of the establishment.
[Ord. No. O-01-44; Ord. No. O-09-28 § 2]
a.
It shall be unlawful to engage in the body piercing business, tattooing
business or body branding business in the City without first obtaining
a license therefor pursuant to the provisions of this section.
b.
No person, partnership, firm or corporation engaged in the body piercing
or tattooing business, whether as an owner or an employee therein,
shall be issued a license to engage in body piercing or tattooing,
nor engage in such activity, unless the premises at which such activity
is to be conducted and the equipment to be utilized in conjunction
therewith meet the following standards:
1.
Premises and Equipment.
(b)
Adequate space for receiving, cleaning, decontamination and
packaging;
(c)
Work flow and traffic patterns shall be designed to flow from
soiled to clean areas;
(d)
Suitable signs to designate soiled and clean work spaces shall
be used to limit cross-contamination into clean work areas;
(e)
Hand washing facilities shall be operable and conveniently located
in the equipment cleaning room;
(f)
Manual cleaning of instruments shall be conducted in a sink
sufficient in size to process soiled instruments. Cleaning of instruments
shall be performed in a sink separate and apart from the hand washing
facilities;
(g)
An emergency eye flushing device shall be provided where needle
building activities are performed within 10 feet;
(h)
Exhaust hoods shall be provided over needle building work areas
and shall have dedicated exhaust directly to the outside air;
(i)
A separate, readily accessible and operable hand sink with hot
and cold running water under pressure and equipped with wrists, foot
or sensor operated controls and supplied with liquid soap and disposable
paper towels shall be readily accessible within the body art establishment
to service every work station;
(j)
The room in which the body piercing is done shall have an area
of not less than 100 square feet;
(k)
The walls, floors, and ceiling shall have an impervious, smooth,
and washable surface. Sheet rock and paint are not permissible. The
walls must be mirrored glass, tile, or other impervious material.
The floor shall have a smooth, easily cleaned, nonabsorbent and nonporous
surface with no cracks, and/or crevices. The floor wall junctures
shall be cove molded.
3.
All tables must be covered with Formica, glass, or stainless steel
and must be washed immediately after work has been performed on a
patron, with a mixture of 1:10 bleach or the equivalent;
4.
All tables shall be separated from the waiting customers or observers
by a panel at least four feet high;
5.
There shall be separated, labeled waste containers for trash and
bio-hazardous waste.
6.
There shall be an examination table, surgical chair, dental chair,
or similar chair and table which utilizes disposable examination table
paper for covering the chair or table;
7.
The facility must be inspected and approved by the Health Department;
8.
The universal precautions promulgated by OSHA shall be set forth
on a sign to be no smaller than 16 inches by 20 inches and shall be
publicly displayed on a wall in the piercing room;
9.
A separate sign no smaller than five inches by 10 inches listing
all chemical disinfectants used by brand name, EPA Establishment Number
and 95A Tuberculocar;
10.
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair;
11.
Anatomical texts may be maintained for the purposes of explaining
procedures to patrons; however, no drawings, photographs or other
graphic literature depicting genitalia, breasts, or other objectionable
displays shall be placed in public view;
12.
Proper functioning of sterilization cycles shall be verified by the
weekly use of biological indicator (i.e. spore tests). All such tests
shall be logged into a logbook and maintained on-site. Additionally,
two confirmatory tests shall be conducted by a qualified outside laboratory
every two weeks. In addition, a test may be required to be done during
any inspections.
13.
Notwithstanding the foregoing, the approval, license, and/or permit
of any person to operate a body art facility may be suspended at any
time and the facility closed by the Health Department when in the
opinion of the Health Authority, such action is necessary to abate
a present or threatened menace to public health. The following shall
be reason(s) for closure:
(a)
Failure or lack of functioning equipment;
(b)
Unsanitary or unsafe conditions which may adversely impact the
health of the public;
(c)
The Health Department has reasonable cause to suspect that a
communicable disease is, or may be, transmitted by an operator/practitioner;
(d)
The owner/operator has demonstrated gross incompetence in performing
body tattooing, body piercing, ear piercing or micropigmentation;
(e)
The owner/operator obtained or attempted to obtain a license
by means of fraud, misrepresentation or concealment;
(f)
The owner/operator has been convicted in the State of New Jersey,
or any other State of a crime related to the practice of tattooing,
micropigmentation, body piercing body branding, or ear piercing, to
include the crime of assault;
(g)
Any violation of the law established under the authority of
N.J.S.A. 26:1A-7, or violation of the code established under N.J.A.C.
8:27, entitled "Body Art Procedures."
c.
It shall also be a violation for anyone to pierce or tattoo a body
part of an individual under the age of 18 years of age without authorization
signed by a parent or guardian and witnessed by the operator. The
operator shall maintain the original executed consent form and copies
of all consent information, including proof of identification and
age, for a period of three years. Acceptable proof of identity and
age is a State photo driver's license, U.S. passport, or other validly
issued State or Federal government identification card;
d.
If the client, customer, or patron is suspected to be under the influence
of alcohol, drugs, medication, or any other behavioral modifying substance,
the owner, operator, artist, must refuse the client, customer, or
patron;
e.
Each person wishing a body piercing or tattooing must fill out and
complete an application which will include the name, date, signature,
address, telephone number, date of birth and proof of age of the client,
a brief medical history (including allergies), the emergency contact
and phone number, the location(s) of the piercing and/or tattooing,
and the name of the owner, operator, artist. All records for persons
receiving services on-site shall be maintained for a period of three
years and be made available upon request to the Health Department.
f.
Written guidelines shall be promulgated for the after care of the
anatomical site of piercing or tattooing and shall be approved by
the Health Department. Each client shall receive a written copy of
the guidelines for the care of body piercing or tattooing body sites
from the owner, operator, or artist.
g.
Hepatitis B pre-exposure vaccination or proof of immunity is required
for all body piercing and tattooing operators or artists who use needles.
Each accidental needle stick injury shall be reported to the Division
of Health. If the person(s) cannot obtain the vaccination for medical
reasons, he shall submit a letter to the Division of Health from a
physician certifying that the individual does not have Hepatitis B
and that the vaccination is contraindicated.
h.
All body piercing and tattooing operators shall furnish proof of
their experience in accordance with N.J.A.C. 8:27-6.1, 8:27-7.1, and/or
8:27-8.1 to assure the basic knowledge of sterile techniques, universal
precautions, and minimum qualifications.
i.
All persons, partnerships, firms, corporations, and entities engaged
in the body piercing and tattooing business, whether as an owner or
employee therein, shall utilize the following procedures in conducting
the body piercing, tattooing, and body branding business:
1.
The operator shall wash his hands thoroughly with an antiseptic and
water before starting a piercing or tattoo, the hands shall be dried
with individual single-use towels;
2.
Latex or rubber gloves shall be worn with any procedure that involves
contact with a person's blood. Hands shall be washed and disinfected
after the procedure has been completed.
3.
No piercing or tattooing shall be done on skin surface that has rash,
pimples, boils, infections, or manifests any evidence of an unhealthy
condition.
4.
The area to be pierced or tattooed shall first be thoroughly washed
with warm water and an antiseptic liquid soap. A single use sponge
shall be used to scrub the area.
5.
Immediately after piercing or tattooing, the client shall be advised
on the care of the site and to consult a physician at the first sign
of infection.
6.
All infections resulting from body piercing or tattooing, which become
known to the owner/operator, shall be reported to the local Division
of Health within 24 hours.
7.
Ear piercing guns shall not be used for body piercing. Ear piercing
guns may only be used for piercing ear lobes and the trailing edge
of the ear.
j.
All persons engaged in the body piercing or tattooing business, whether
as an owner, operator or employee, shall utilize the following standards
for sanitation of instruments utilized in body piercing or tattooing.
1.
All clean and ready to use needles and instruments shall be kept
in a closed glass or metal case or storage cabinet while not in use.
Such cabinet shall be maintained in a sanitary manner at all times;
2.
Only single-service sterilized needles shall be used and destruction
of needles shall be in accordance with N.J.S.A. 2A:170-26.17;
3.
Needles used for body piercing shall be steamed sterilized before
use on any customer. The Division of Health must approve any other
method of sterilization in lieu of the aforementioned steamed sterilized
process prior to use.
(a)
The sterilizer shall be well maintained with a tight-fitting
gasket and a clean interior;
(b)
The manufacturer's operating instructions and sterilization
specifications shall be readily at hand and available adjacent to
the sterilization mechanism. The operation of the sterilization shall
conform to the manufacturer's specification with regard to temperature,
pressure, and time of the sterilization cycle;
(c)
Proper functions of sterilization cycles shall be verified by
the weekly use of biological indicator (i.e. spore tests). A log book
of these weekly test results shall be available and maintained by
the owner/operator on-site. A biological indicator test may be required
to be done during any inspection by the Division of Health;
(d)
Each item to be sterilized shall be individually wrapped using
a chemical indicator or strip to verify steam pressure.
4.
Forceps, accessory equipment and jewelry must be disinfected with
a chemical disinfectant registered by the Environmental Protection
Agency (EPA) as being tuberculocidal when used at recommended dilutions.
All owner/operators shall follow the manufacturer's instructions when
utilizing any chemical disinfectant.
k.
Disposal of Wastes.
1.
Needles shall not be bent or broken prior to disposal. Owner/operators
shall take precautions to prevent injuries from contaminated needles.
2.
Needles shall be disposed of directly into a solid, puncture resistant
container.
3.
Needles, as well as gloves, gauze, and other materials used in the
operation of the business, including items saturated with blood, shall
be discarded in a plastic bag and placed into a cardboard box prior
to off-site disposal. A written agreement for disposal of such waste
shall be with an authorized service for disposal of medical waste.
[Ord. No. O-01-44]
a.
The licensee who owns/operates an establishment involving body piercing
and/or tattooing shall do so only in a commercially zoned district,
currently designated as Uptown Business District (UBD), Central Business
District (CBD), and Office/Retail Service District (ORS).
b.
Hours of Operation. A body art establishment licensed under this
section shall operate only within the following period: Monday through
Saturday, 9:00 a.m. until 9:00 p.m. inclusive.
[Ord. No. O-10-44; Ord. No. O-09-28 § 2; Ord. No. O-16-05]
a.
In addition to being subject to closure by the Division of Health, and the penalties provided in subsection 21-21.9, any license issued under this section may be suspended or revoked by the Health Officer for reasons including, but not limited to, the following:
1.
Violation of any of the provisions of this section, any provisions
of any applicable statute, or any of the rules and regulations of
the State of New Jersey, and rules, codes, and regulations promulgated
by the Public Health Council; or
2.
Any misstatement, fraud, or misrepresentation in any application
or inspection made pursuant to this section;
3.
Any act or happening occurring after the making of application for
such license which, if the same had occurred prior to the time, would
have prevented the issuance of such license; or
4.
A conviction of any offense or crime in the first, second, third
or fourth degree, in a court of competent jurisdiction either within
or outside the State of New Jersey, especially an offense or crime
involving moral turpitude; except that if a conviction is reversed
and the holder of the license is discharged, or acquitted, or if the
holder is pardoned or the civil rights of the holder is restored,
the holder may obtain a license;
5.
Fraud, misrepresentation or dishonesty in the conduct of the licensed
activity;
6.
Conducting the licensed activity, whether by the licensee himself
or his agents or employees, in an unlawful manner or in a manner that
constitutes a breach of the peace or menace to public health, safety,
or general welfare.
b.
Notwithstanding the Division of Health's ability to suspend a license due to violations of this section, State statute, and/or administrative code, no license shall be permanently revoked or suspended until the licensee has been afforded a hearing before the Hearing Officer who is the Health Officer or Director of the Department of Administration. Notice of the filing of a complaint which seeks to suspend or revoke any license under this section shall be served on the licensee personally or on the person designated to receive service in subsection 21-21.2a3. The notice will establish a date and time for the hearing, to be held not more than 10 days from the date of such notice, at which time the licensee shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint and submit documentation, as well as other rights necessary to insure due process. Should any license be revoked or suspended, no part of the license fee or inspection fee shall be returned.
c.
The Health Officer shall file a copy of the notice of suspension
or revocation of license with the City Council who retains jurisdiction
for appeals of the Health Officer decisions on ordinance violations.
The Director of Administration shall file all health violations with
the Municipal Court.
[Ord. No. O-01-44]
Nothing in this section shall be construed so as to affect the
practice of medicine or any other recognized professional or occupation
by a person duly licensed by the State of New Jersey to engage in
such practice, profession, or occupation and whose license would lawfully
authorize the practice of piercing and/or tattooing of the body.
[Ord. No. O-01-44]
a.
Any person violating this section and/or the conditions imposed on
any permit issued pursuant to this section shall be subject to the
following table of penalties:
1.
Any person violating the provisions of this section shall, upon conviction
of a first offense, be punished by a fine not exceeding $500 or by
imprisonment for a term not exceeding 30 days, or both, at the discretion
of the court.
2.
Any person violating the provisions of this section shall, upon conviction
of a second offense, be punished by a fine not less than $500 nor
more than $1,000 or by imprisonment for a term not exceeding 60 days,
or both at the discretion of the court.
3.
Any person violating the provisions of this section shall, upon conviction
of a third offense, be punished by a fine of not less than $1,000
nor more than $1,500 or by imprisonment for a term not exceeding 90
days, or both at the discretion of the court.
4.
Further authority on violations, action of penalties, or disposition
of penalties is vested under N.J.S.A. 26:1A-10.
[Ord. No. O-01-44; New]
a.
The City of Bayonne expressly adopts the Body Art Procedures of the
State Sanitary Code, codified in the New Jersey Administrative code
at N.J.A.C. 8:27-1 et seq. To the extent that there is a conflict
between any provision of this section and the State Sanitary code,
the more restrictive provision shall apply.
b.
Nothing in this section shall be construed to impair or limit in
any way any other power of the City to define and declare violations
and to cause their removal or abatement.
c.
Nothing in this section shall be construed to abrogate or impair
the power of the City or any office or department to enforce any provisions
of its charter or its ordinances, or regulations, State statute or
State administrative code, nor to prevent or punish violations thereof,
and the powers conferred by this section shall be in addition and
supplemental to the powers conferred upon the City by any other law
or ordinance.
[1972 Code § 20-20; New]
Chapter IX of the State Sanitary Code, Public Recreational Bathing
(N.J.A.C. 8:26-1.1 et seq.), is hereby adopted by the Municipal Council
of the City of Bayonne.
[1972 Code § 20-16.1; Ord. No.
O-09-28 § 2]
Pursuant to statutory authority, the Department of Health of
the State of New Jersey has enacted comprehensive regulations governing
the licensing, inspection and operation of invalid coaches, transport
ambulances and emergency ambulances, located in N.J.A.C. 8:40-1, et
seq., and entitled "Manual of Standards of Licensure of Invalid Coach
and Ambulances Services." The purpose of this section is to supplement
such State regulations to provide for local licensing of ambulance
service to insure quality service and to protect the people of the
City of Bayonne. As used in this section, the following definitions
shall apply:
Shall mean any privately or publicly owned motor vehicle
that is specially designed or constructed, and equipped, and is intended
to be used for and is maintained and operated for the transportation
of patients, except any such motor vehicle owned by, or operated under
the direct control of the United States and/or the City of Bayonne,
and except an invalid coach operated by a veterans organization.
Shall mean the Bayonne Health Officer or designee.
[1972 Code § 20-16.2]
No person, either as owner, agent or otherwise, shall furnish,
operate, conduct, maintain, advertise, or otherwise be engaged in
or profess to be engaged in the business or service of the transportation
of patients upon the streets, alleys, or any public way or place of
the City, unless he holds a currently valid license for an ambulance,
issued pursuant to this section. An ambulance operated by an agency
of the United States, and/or a veterans organization, or the City
of Bayonne shall not be required to be licensed hereunder.
No ambulance shall be operated for ambulance purposes, and no
individual shall drive, attend or permit it to be operated for such
purposes on the streets, alleys, or any public way or place of the
City unless it shall be under the immediate supervision and direction
of a person who is holding a currently valid license as an attendant-driver
or attendant; provided however, that no such licenses shall be required
for an ambulance, or for the driver, attendant or attendant-driver
of an ambulance, which:
a.
Is rendering assistance to licensed ambulances in the case of a major
catastrophe, common disaster, or emergency, with which the licensed
ambulances of the City are insufficient or unable to cope; or
b.
Is operated from a location or headquarters outside of the City in
order to transport patients who are picked up beyond the limits of
the City to locations within the City, but no such outside ambulance
shall be used to pick up patients within the City for transportation
to locations within the City unless the driver, attendant and attendant-driver
and the person subject to the provisions of this subsection in respect
to such ambulance hold currently valid licenses issued pursuant to
this section.
[1972 Code § 20-16.3; Ord. No.
O-00-54 § 3; Ord. No.
O-07-51 § 1; Ord. No.
O-12-02 § 8]
Applications for ambulance licenses hereunder shall be made
upon such forms as may be prepared or prescribed by the license officer
and shall contain:
a.
The name and address of the applicant and of the owner of the ambulance.
b.
The trade or other fictitious name, if any, under which the applicant
does business and purposes to do business.
c.
The training and experience of the applicant in the transportation
and care of patients.
d.
A description of each ambulance, including the make, model, year
of manufacture, motor and chassis number; current State license number;
the length of time the ambulance has been in use for service, and
the color scheme, insignia, name, monogram or other distinguishing
characteristics to be used to designate applicant's ambulance.
e.
The location and description of the place or places from which it
is intended to operate.
f.
Such other information as the license officer shall deem reasonably
necessary for a fair determination of compliance with this section.
g.
An accompanying license fee of $200 per ambulance.
[1972 Code § 20-16.4]
a.
No ambulance license shall be issued under this section, nor shall
such license be valid after issuance, nor shall any ambulance be operated
in the City unless there is at all times in force and effect insurance
coverage in the following amounts: Liability — $500,000, Property
Damage — $50,000, Malpractice — $300,000, Umbrella —
$2,000,000, issued by an insurance company licensed to do business
in the State of New Jersey, for each and every ambulance owned and/or
operated by or for the applicant or licensee, providing for the payment
of damages for injury to or death of individuals in accidents, resulting
from any cause for which the owner of the vehicle would be liable
on account of liability imposed on him by law, regardless of whether
the ambulance was being driven by the owner or his agent; and for
the loss of or damage to the property of another including personal
property, under like circumstances.
b.
These insurance policies shall be submitted to the license officer
for approval prior to the issuance of each ambulance license.
c.
Every insurance policy required hereunder shall contain a provision
for a continuing liability thereunder to the full amount thereof,
notwithstanding any recovery thereon, that the liability of the insurer
shall not be affected by the insolvency or the bankruptcy of the assured,
and that until the policy is revoked the insurance company will not
be relieved from liability on account of nonpayment of premium, failure
to renew license at the end of the year, or any act or omission of
the named assured. Such policy of insurance shall be further conditioned
for the payment of any judgments up to the limits of the policy, recovered
against any person other than the owner, his agent or employee, who
may operate the same with the consent or acquiescence of the owner.
d.
Every insurance policy required hereunder shall extend for the period
to be covered by the license applied for and the insurer shall be
obliged to give not less than 30 days' written notice to the license
officer and to the assured before any cancellation or termination
thereof earlier than its expiration date and the cancellation or termination
thereof earlier than its expiration date and the cancellation or other
termination of any such policy shall automatically revoke and terminate
the licenses issued for the ambulances covered by such policy, unless
another insurance policy complying with the provisions of this section
shall be provided and be in effect at the time of such cancellation
or termination.
[1972 Code § 20-16.5]
a.
The license officer shall, within 15 days after receipt of an application
for an ambulance license as provided for herein, cause such investigation
as he deems necessary to be made of the applicant and of his proposed
operations.
b.
The license officer shall issue a license hereunder for a specified
ambulance, to be valid for a period of one year unless earlier suspended,
revoked or terminated, when he finds:
1.
That the public convenience and necessity require the ambulance service.
2.
That each such ambulance, its required equipment and the premises
designated in the application, have been certified by the license
officer as provided for herein.
3.
That the applicant is a responsible and proper person to conduct
or work in the proposed business.
4.
That only duly licensed drivers, attendants and attendant-drivers
are employed in such capacities.
5.
That all the requirements of this section and all other applicable
laws and ordinances have been met.
[1972 Code § 20-16.6]
Application for driver, attendant, and attendant-driver's license
hereunder shall be made upon such forms as may be prepared or prescribed
by the license officer and shall contain:
a.
The applicant's full name, current residence, places of residence
for one year previous to moving to his present address, and length
of time he has resided in the City.
b.
The applicant's age, marital status, height, color of eyes and hair.
c.
Whether he has every been convicted of a felony or misdemeanor, and
if so, when and where and for what cause.
d.
The applicant's training and experience in the transportation and
care of patients, and whether he has previously been licensed as a
driver, chauffeur, attendant or attendant-driver, and if so, when
and where, and whether his license has ever been revoked or suspended
in any jurisdiction and for what cause.
e.
Affidavits of good character from two reputable citizens of the United
States who have personally known such applicant and observed his conduct
during two years next preceding the date of his application.
f.
Two recent photographs of the applicant, of a size designated by
the license officer, one of which shall be attached by the license
officer to the license.
g.
Such other information as the license officer shall deem reasonably
necessary for a fair determination of compliance with this section.
In addition to the requirements of N.J.A.C. 8:40-1 et seq.,
the following shall apply:
a.
The license officer shall, within a reasonable time after receipt
of an application as provided for herein, cause such investigation
as he deems necessary to be made of the applicant for a driver, attendant
or attendant-driver's license.
[1972 Code § 20-10.1; Ord. No.
O-07-51 § 1]
Every person operating or conducting a cleaning or laundering
establishment where articles of clothing, household linens, bedding
and drapes are washed, dried, dry cleaned and dyed, in any premises
in the City except installation in buildings erected solely and exclusively
for residential purposes for the sole use of tenants, shall procure
a permit from the Division of Health at a cost of $100 per year. All
permits or renewals shall expire on December 31 of each year.
[1972 Code § 20-10.2]
No permit or renewal shall be issued by the Health Officer until
the Fire Department and Construction Official have approved the application
in accordance with ordinances and regulations covering the same.
[1972 Code § 20-10.3]
a.
All places and spaces used for cleaning or laundering establishments
shall be sufficiently and properly covered with nonabsorbent paint
or cement or other impervious material. There shall be available an
adequate supply of water for flushing and cleaning purposes. Any room,
building or washing or laundering facility used in the operation of
cleaning or laundering establishments shall be equipped, installed
and maintained in accordance with the plumbing code. Sufficient toilet
facilities for male and female employees of the establishment shall
be provided.
b.
No household washing, garments, bed clothes or other articles received
for washing, laundering, cleaning or dyeing shall knowingly be accepted
from persons or occupants of any house under quarantine for a communicable
disease. Licensees shall prominently display a sign, to be supplied
by the operator, at each store or at a counter therein reading as
follows: "By authority of the City of Bayonne, it is unlawful for
any person to make delivery to a public laundry, launderette, cleaning
or dyeing establishment of any articles from a person or premises
under quarantine for communicable disease." Where the above sign is
properly displayed, the person operating the establishment and his
agents or employees shall not be liable under this section for receiving
laundry, cleaning or dyeing from a household quarantined for communicable
disease so long as he is not informed by the delivered or other reputable
person that the goods have come from a quarantined person or household.
c.
Machines used for washing, laundering, cleaning or dyeing shall be
kept sanitary at all times.
d.
White cottons and linens shall be washed in such a manner that at
least one operation in the washing process shall have a temperature
of not less than 140° F. Dyed fabrics or those containing silk,
wool or rayon shall be washed in such a manner that at least one operation
shall have a temperature of not less than 100° F. Soap or detergent
of equal germicidal properties must be used in one or more operations
of all washing formulas except for dry cleaning.
e.
Machinery used in laundries shall not be operated in such a manner
so as to create any noise or vibrations to the detriment of residents
in the surrounding neighborhood. Exhaust pipes carrying devices or
hot water shall be connected to a condensation tank and drained with
a proper carry-off.
f.
The room in which washing or laundering facilities are located shall
be adequately ventilated and shall have a sufficient amount of natural
and artificial light as required by the Health Officer.
g.
No establishment shall be conducted in any building devoted exclusively
to residential occupation or in any residential portion of a building
except where there may be established in any building, one or more
washing or laundry facilities which shall be solely for the convenience
and service of the residents of the residential building and the facilities
shall be constructed and operated in accordance with the regulations
and conditions in this section. Permits shall not be required for
the operation of washing and laundering facilities in residential
buildings. This limit does not apply to store units in buildings occupied
in part for residential purposes.
h.
All premises operated under the provisions of this section shall
be maintained in conformity with all laws of the State and the City.
[1972 Code § 20-10.4]
The Division of Health shall be responsible for the enforcement
of the sanitary, health and plumbing provisions of this section and
shall have the power to promulgate such rules and regulations as may
be necessary to effectuate the same.
[1972 Code § 20-11.1; Ord. No.
O-00-54 § 3 [20-11.1]; Ord. No. O-07-51 § 1; Ord. No. O-12-02 § 8]
No person shall conduct a laundry in the City without having
first obtained a license for that purpose from the Division of Health.
The license shall be issued by the Division of Health upon the payment
of a fee of $175 after approval of the application as hereinafter
provided.
The application for a license to conduct a laundry shall be
made in writing to the Division of Health and shall state the maximum
number of persons to be employed, the kind of laundry work to be done,
a description of the premises where the work of laundering is to be
done and the number of cubic feet in the structure or rooms where
the work is to be done.
[1972 Code § 20-11.2]
A laundry shall mean any place, building, structure, room, establishment
or portion thereof, which is used for the purpose of washing, drying,
starching or ironing shirts, dresses, underwear, collars, cuffs or
other wearing apparel, table, bed or other household linens, towels,
curtains, draperies or other washable fabrics, such work being done
for the general public for profit.
The word laundry as used in this section shall mean any private
laundry maintained or operated in connection with a hotel, restaurant
or public institution, except a hospital or charitable institution,
where no charge is made for laundry services.
This section shall not apply to anyone engaged in doing custom
laundry work at home for a regular family trade nor shall this section
apply to any room, rooms or portion thereof located in a tenement
house or other dwelling in which domestic laundry work is done for
the occupants of the building exclusively.
[1972 Code § 20-11.3]
Registration shall be made within 10 days after such business
shall commence or be transferred to a new owner.
Every person conducting a laundry business shall register the
name of title under or by which the building is known, together with
the address of the business. If the laundry is known under a trade
name, it shall be registered as well as the names of the individuals
comprising the firm and their addresses; and if a corporation, the
names and addresses of the directors and the registered agent upon
whom process may be served. This provision shall apply to all laundries
governed by this section. If the owners or operators are nonresidents
of the City, a name shall be given of a person who is a resident of
the City on whom process may be served.
All registrations shall be made in the office of the Division
of Health.
[1972 Code § 20-11.4; Ord. No.
O-09-28 § 2]
No license or renewal or certificate of competency or renewal
shall be made by the Division of Health unless and until approved
by the Examining and Licensing Board. The Board is hereby authorized
to make an examination, investigation and inspection before the granting
of the license. The Examining and Licensing Board shall be comprised
of the Director of the Department of Public Safety, the Health Officer
and Secretary of the Division of Health and two practical laundrymen
of the City to be appointed annually by the Director of the Department
of Public Safety on or before December 31 or each year for a term
of one year commencing on December 31 and ending December 31 of the
following year or until their successors are appointed.
[1972 Code § 20-11.5]
The Examining and Licensing Board shall regularly inspect all
licensed laundries as to the sanitary conditions and shall have the
power to recommend and order changes in any laundry establishment
where conditions are not in compliance with the sanitary requirements
of the Division of Health. Any failure to comply with an order of
the Board within a reasonable time, shall be reported to the Division
of Health which shall revoke the license of the offending person.
[1972 Code § 20-11.6]
If it appears to the Division of Health that any person conducting
a laundry in the City shall refuse or neglect within a reasonable
time to comply with the order of the Division of Health as to improving
sanitary conditions in any laundry, the Division of Health shall order
the license revoked until all conditions complained of are remedied.
[1972 Code § 20-11.7]
Any person maintaining a laundry establishment outside of the
territorial limits of the City may contract laundry for residents
of the City but shall, in the interests of public health, be compelled
to maintain the standard of sanitary and health conditions as is required
for laundries maintained and operated within the territorial limits
of the City and shall apply to the Division of Health for a license.
The Division of Health, upon the recommendation of the Examining and
Licensing Board, shall issue a certificate of competency to such person,
providing the sanitary conditions of the establishment are substantially
the same as required by the Division of Health for the City. All such
laundries located outside of the City shall conform to and be governed
by the provisions of this section. The certificate of competency shall
not be assignable and may be cancelled by the same procedure as for
the cancellation of a license of a resident laundryman.
[1972 Code § 20-11.8]
No person shall display a laundry sign or a sign containing
similar import and meaning before a license has been obtained.
[1972 Code § 20-11.9]
[1972 Code § 20-6.1]
A code declaring ragweed and poison ivy to be a nuisance, providing
for removal or abatement thereof and recovery of expenses incurred
by the City of Bayonne in removing or abating such nuisance and prescribing
penalties for violations, is hereby established pursuant to N.J.S.A.
26:3-69.1 et seq. A copy of the code is annexed to this chapter and
made a part of it within the inclusion of the text herein.
[1972 Code § 20-6.2]
The code established and adopted by this section is described
and commonly known as the Weed Control Code of New Jersey (1953).
[1972 Code § 20-6.3]
Ten copies of the Weed Control Code of New Jersey (1953) have
been placed on file in the Office of the City Clerk for the use and
examination of the public.
[1972 Code § 20-7.1]
A code regulating the emission of smoke from fuel-burning equipment,
internal combustion engines, open fires, stacks or chimneys, and providing
for the inspection of fuel-burning equipment, is hereby established
pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of the code is annexed
to this chapter and made a part of it without the inclusion of the
text herein.
[1972 Code § 20-7.2]
The code established and adopted by this section is described
and commonly known as the Smoke Control Code of New Jersey (1953).
[1972 Code § 20-7.3]
Ten copies of the Smoke Control Code of New Jersey (1953) have
been placed on file in the Office of the City Clerk for the use and
examination of the public.
[Amended 11-9-2022 by Ord. No. O-22-37.]
[Added 11-9-2022 by Ord. No. O-22-37]
a.
FARM ANIMALS
Farm
Animals Defined.
Are hereby defined to include but not limited to chickens
and roosters, ducks, geese, pheasants, turkeys, quail or other fowl,
cows, goats, sheep, swine, horses, or cattle and such other animals
as are typically raised on farms for domestic use.
b.
Farm
Animals Prohibited.
The breeding, keeping, harboring, raising and/or caring of farm
animals, as defined herein above, is strictly prohibited within all
zones including commercial and industrial property within the jurisdictional
limits of the City of Bayonne.
c.
Pigeons
and Other Birds Prohibited; Exception.
The keeping, breeding and raising of all species and breeds
of pigeons, with the exception of homing pigeons owned by any resident
who is an active member in good standing of any recognized New Jersey
Pigeon Club, on any property within all zones within the jurisdictional
limits of the City of Bayonne is prohibited.
d.
Exemptions.
Any resident breeding, keeping, harboring, raising and/or caring
for chickens and pigeons prior to the introduction of this ordinance
and who has registered same with the City of Bayonne Health Department
shall be exempt from this ordinance until such time as the registered
animals are no longer living, and must comply with the following past
practices as they relate to chickens and pigeons:
Editor's Note: This Ord. No. O-22-37 was adopted November 9,
2022.
[1972 Code § 20-19.1]
No person shall keep any pigeons or poultry unless there is
filed with the Health Officer the written consent of a majority of
the owners of the premises within 75 feet from each corner of the
coop on which the pigeons or poultry are to be kept. One consent per
property.
[1972 Code § 20-19.2]
No pigeons, chickens or other poultry shall be kept within 20
feet of any structure which is used for human habitation, occupation
or assembly; provided, in no case shall any person or persons be permitted
to keep more than a total of 50 chickens, ducks or other poultry,
including pigeons. No pigeons, chickens or other poultry shall be
permitted to run, fly or stray within 20 feet of such structure; provided,
this shall not apply to homing pigeons.
[1972 Code § 20-19.3; Ord. No.
O-00-54 § 3; Ord. No.
O-07-51 § 1; Ord. No.
O-12-02 § 8]
No person shall keep pigeons, chickens, or other poultry without
having first obtained a license from the Health Officer. The annual
fee shall be $125 and licenses shall expire on December 31st of each
year.
[1972 Code § 20-19.4]
The following regulations and conditions for the keeping and
housing of pigeons, chickens and other poultry shall be complied with:
a.
Structure:
1.
The house or coop shall be at least four feet above ground and extend
no higher than 14 feet above ground. Where the house or coop is to
be located on an existing building rooftop, the house or coop shall
extend no higher than eight feet above the building rooftop. The house
or coop shall not be more than 800 cubic feet. The floor one foot
beyond the vertical wall line of the house or coop shall be constructed
of impervious material. The house or coop shall not be within three
feet of the property lines. Two sketches must be presented to the
Building Department for approval and permit.
2.
The area under the structure is to be free and open.
3.
Final approval of the structure must be obtained from the Health
Officer or his agent, and the Construction Official.
b.
Maintenance:
1.
Dry and well ventilated.
2.
Wall whitewashed or painted therein.
3.
The exterior of the structure to be aesthetically acceptable.
4.
Cleaned at least once a week between November 1 and May 1, twice
a week between May 1 and November 1, and, if necessary, to be cleaned
more often and be disinfected.
5.
Perches to be removable and kept clean.
6.
Nests to be removable, cleaned, aired and sunned at frequent intervals.
7.
Drinking fountains in the area where the house or coop is located
shall be clean and supplied at all times with clean water.
8.
Yard in the area where the house or coop is located shall be clean
and free from odors.
9.
Pigeons and poultry shall not create a noise disturbance across or
within a residential real property boundary. The sound level limit
between 7:00 a.m. and 10:00 p.m. is 65 dBA, and between 10:00 p.m.
and 7:00 a.m. is 50 dBA.
10.
Pigeons and poultry coops or structures shall not be part of a residential
or food establishment buildings, except poultry retail and wholesale
establishments in conformance with the municipal zoning code.
[1972 Code § 20-19.5]
a.
Structure:
1.
If there is an addition to the existing structure, it cannot extend
higher than 14 feet above ground. If the addition is horizontal, the
structure shall not be within three feet of the property lines. The
Construction Code, where applicable, will apply. Eight hundred cubic
feet will be the coop maximum.
2.
Final approval of the structure must be obtained from the Health
Officer or his agent; also the Construction Official, if applicable.
b.
Maintenance:
1.
Dry and well ventilated.
2.
Wall whitewashed or painted therein.
3.
The exterior of the structure to be aesthetically acceptable.
4.
Cleaned at least once a week between November 1 and May 1, twice
a week between May 1 and November 1, and if necessary, to be cleaned
more often and be disinfected.
5.
Perches and nests to be kept cleaned; and if they are removable,
to be cleaned, aired and sunned at frequent intervals.
6.
Drinking fountains in the area where the house or coop is located
shall be clean and supplied at all times with clean water.
7.
Yard in the area where the house or coop is located shall be clean
and free from odors.
8.
Pigeons and poultry shall not create a noise disturbance across or
within a residential real property boundary. The sound level limit
between 7:00 a.m. and 10:00 p.m. and is 65 dBA, and between 10:00
p.m. and 7:00 a.m. is 50 dBA.
[1972 Code § 20-17; Ord. No. O-12-02 § 8]
It shall be unlawful for a person to engage in the following
business or activities within the City without first obtaining a license
and paying the annual fee for same. All licenses or renewals shall
expire December 31 annually. Licenses and fees for same are as follows:
[1972 Code § 20-18]
Fee for validation of vaccination certificate shall be $5.
[1972 Code § 7-22.1; Ord. No. O-08-05; Ord. No. O-08-08]
As used in this section:
Shall mean an addition to or extension of a restaurant as
defined herein that is characterized by the following:
Serving food or drink to be consumed by the public at two or
less tables, with no more than four chairs at each table, located
within that portion of the sidewalk that lies within the area bounded
by the public street, the principal facade and the imaginary perpendicular
lines running from the outer edges of such principal facade to the
public street; and
Containing only readily removable tables and chairs, without
portable and/or temporary railings and/or planters; and
Unenclosed by fixed walls or ceilings, fences and removable
barriers, umbrellas or other nonpermanent enclosures, exclusive of
retractable awnings that are permanently affixed to the subject premises.
Shall mean the Urban Enterprise Zone, C-1, C-2, CBD, ORS,
UBD, TDD, TDO, HC and BMHO Zones as well as the Peninsula at Bayonne
Harbor. Texaco, Broadway Corridor and Scattered Site Redevelopment
Areas, all as defined in the City of Bayonne's Land Use Regulations
and all as shown on the Zoning Map of the City of Bayonne.
Shall mean the building whose principal facade fronts on
the sidewalk where the sidewalk cafe or outdoor seating is, or is
proposed to be, located. The principal facade shall be the face of
the principal building facing the street.
Shall mean an establishment actually located within the principal
building, the primary activity of which is the preparation of food
for consumption by the public on its premises and with utensils of
permanent, nondisposable, durable and reusable material and shall
include, by way of example, a restaurant, coffee shop, tea room, dining
room, cafeteria, luncheonette, soda fountain, sandwich shop and the
like.
Shall mean the paved surface provided for the exclusive use
of pedestrians and situated between and extending from the building
line to the curb of the street (excluding therefrom any unpaved area).
Shall mean an addition to or extension of a restaurant as
defined herein that is characterized by the following:
Serving food or drink to be consumed by the public at more than
two tables located within that portion of the sidewalk that lies within
the area bounded by the public street, the principal facade and the
imaginary perpendicular lines running from the outer edges of such
principal facade to the public street; and
Containing readily removable tables, chairs, portable and/or
temporary railings and/or planters; and
Unenclosed by fixed walls or ceilings, fences, except for retractable
awnings, removable barriers, umbrellas or other nonpermanent enclosures.
[1972 Code § 7-22.2; Ord. No. O-08-05; Ord. No. O-08-08; Ord. No. O-09-28 § 2]
No person shall operate a sidewalk cafe within the City without
first obtaining a sidewalk cafe license and satisfying all of the
requirements of this section. The license shall be initially issued
by the Division of Health and renewed by said Division on an annual
basis and may contain conditions. Such licenses shall be renewed by
the Health Officer.
No person shall operate or permit outdoor seating within the
City without first obtaining an outdoor seating license and satisfying
all of the requirements of this section. The license shall be initially
issued by the Health Officer and may contain conditions. Such licenses
shall be renewed by the Health Officer.
[1972 Code § 7-22.3; Ord. No. O-08-05; Ord. No. O-08-08; Ord. No. O-09-28 § 2]
a.
Each applicant for a sidewalk cafe license shall submit and file an application to the Health Officer, together with three copies of a development plan (as defined below), and the appropriate fee. The application shall set forth, in addition to the information required under subsection 21-32.4 and 21-21.10, and/or include the following:
1.
The name and address of the owner of the principal building (if other
than the applicant); and
2.
The name and address of the person who has prepared the development
plan.
|
Additionally, the application shall be accompanied by the written
authorization of the owner of the principal building (if other than
the applicant).
|
b.
Each applicant for an outdoor seating license shall submit and file an application to the Health Officer, together with three copies of a development plan (as defined below), and the appropriate fee. The application shall set forth, in addition to the information required under subsection 21-32.4 and 21-32.10 and/or include the following:
1.
The name and address of the owner of the principal building (if other
than the applicant); and
2.
The name and address of the person who has prepared the development
plan.
|
Additionally, the application shall be accompanied by the written
authorization of the owner of the principal building (if other than
the applicant).
|
[1972 Code § 7-22.4; Ord. No. O-08-05; Ord. No. O-08-08; Ord. No. O-09-28 § 2; Ord. No. O-16-05]
a.
The term "development plan," as it applies to sidewalk cafes, shall
mean a written plan setting forth the following information and such
other additional information, if any, as may be subsequently requested
by the Municipal Council:
1.
A description of the principal building and all properties immediately
adjacent to such building;
2.
A description of the proposed design and location of the sidewalk
cafe, its dimensions and all temporary structures, equipment and apparatus
to be used in connection with its operation, including tables, temporary
fences and/or barriers, planters, serving carts, chairs, awnings,
umbrellas, lighting and electrical outlets (if any); and
3.
A statement of the seating capacity of the proposed sidewalk cafe
and the existing restaurant actually operated by the applicant in
the principal building; and
4.
A diagram demonstrating that the pedestrian traffic along the sidewalk on which the sidewalk cafe is proposed to be located will be in compliance with the requirements of subsection 21-32.10, including a diagram of the sidewalk cafe itself with all appurtenances.
|
The Health Officer shall refer the development plan to the Fire
Chief, Uniform Construction Code Official, Division of Community Development,
and Bureau of Zoning and Planning who shall review such cafe plan,
verify whether there are any outstanding code violations for the retail
food establishment (i.e., Zoning, Property Maintenance, Building and
Fire Codes) and provide a written notice of same to the Health Officer
within five business days. If no outstanding violations exist, the
Health Officer shall approve or disapprove the development plan no
later than 10 business days from the date of submittal of a complete
application and plan. Once an initial development plan is approved
by the Health Officer said approval shall be considered final.
|
b.
The term "development plan," as it applies to outdoor seating, shall
mean a written plan setting forth the following information and such
other additional information, if any, as may be subsequently requested
by the Municipal Council:
1.
A description of the principal building;
2.
A description of the proposed design and location of the outdoor
seating (limited to two tables with no more than four chairs at each
table) and its dimensions; and
3.
A diagram demonstrating that the pedestrian traffic along the sidewalk on which the outdoor seating is proposed to be located will be in compliance with the requirements of subsection 21-32.10.
|
The Director of Administration shall refer the development plan
to the Fire Chief, Uniform Construction Code Official, Division of
Community Development, and Bureau of Planning and Zoning, who shall
review such cafe plan, verify whether there are any outstanding code
violations for the retail food establishment (i.e., Zoning, Property
Maintenance, Building and Fire Codes) and provide a written notice
of same to the Health Officer within five business days. If no outstanding
violations exist, the Health Officer shall approve or disapprove the
development plan and issue an outdoor seating license no later than
10 business days from the date of submittal of a complete application
and plan, subject to compliance with any other applicable sections
of this section.
|
[1972 Code § 7-22.5; Ord. No. O-08-05; Ord. No. O-08-08; Ord. No. O-09-28 § 2]
No sidewalk cafe or outdoor seating license shall be issued
unless the licensee shall have first filed with the Health Officer
a copy of an insurance policy or certificate of insurance, issued
by a company duly authorized to transact business under the laws of
the State of New Jersey, providing for the payment of not less than
$1,000,000 to satisfy all claims for damage by reason of bodily injuries
to, or the death of, any person as a direct or indirect result of
the operation of the sidewalk cafe or outdoor seating or for any injury
to any person occurring on the premises occupied by such sidewalk
cafe or outdoor seating and further providing for the payment of not
less than $100,000 to satisfy all claims for property damage occurring
as a direct or indirect result of the operation of such sidewalk cafe
or outdoor seating and naming the City of Bayonne as an additional
insured.
[1972 Code § 7-22.6; Ord. No. O-08-05; Ord. No. O-08-08; Ord. No. O-09-28 § 2]
No sidewalk cafe or outdoor seating license shall be issued
unless the licensee shall have first executed and filed with the Health
Officer an indemnification agreement pursuant to which the licensee,
in further consideration of the issuance of the license, shall agree
to forever defend, protect, indemnify and save harmless the City of
Bayonne, 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 sidewalk cafe or outdoor seating.
[1972 Code § 7-22.7; Ord. No. O-08-05; Ord. No. O-08-08; Ord. No. O-09-28 § 2]
No sidewalk cafe or outdoor seating license shall be issued
unless the licensee shall have first executed and filed with the Health
Officer a maintenance agreement pursuant to which the licensee, in
further consideration of the issuance of the license, shall agree,
at the option of the Municipal Council of the City to either repair,
at its sole cost and expense, any damage caused to the sidewalk by
the operation of the sidewalk cafe or outdoor seating, or to reimburse
the City in full for all costs and expenses incurred by it in making
any such repairs.
The licensee, at the option of the Municipal Council, may also
be required to file a maintenance bond in the amount of $10,000 to
partially ensure compliance with this section.
[1972 Code § 7-22.8; Ord. No. O-08-05; Ord. No. O-08-08; Ord. No. O-12-02 § 8]
[1972 Code § 7-22.9; Ord. No. O-08-05; Ord. No. O-08-08]
All sidewalk cafe and outdoor seating licenses shall be issued
for the twelve-month period commencing January 1 and ending December
31 annually. A license may be renewed annually by the filing of an
application in accordance with the provisions of this section. The
City of Bayonne may temporarily suspend a sidewalk cafe or outdoor
seating license if access to the sidewalk is needed in connection
with public work to be performed in the area.
[1972 Code § 7-22.10; Ord. No.
O-08-05; Ord. No. O-08-08]
A sidewalk cafe or outdoor seating authorized and operated pursuant
to this section shall comply with all of the following regulations
and specifications and such others as may be adopted from time to
time by resolution of the Municipal Council of the City of Bayonne:
a.
The sidewalk cafe or outdoor seating shall be operated and maintained
in accordance with the development plan as finally approved;
b.
The placement of furniture, apparatus, decoration or appurtenance
used in connection with the operation of the sidewalk cafe or outdoor
seating in relation to any fire hydrant, plug or standpipe permanent
fixture shall be approved by specific written authorization of the
Fire Chief based upon his or her review of the development plan; and
c.
No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the sidewalk cafe or outdoor seating shall be
located in such a way as to impede the safe and speedy ingress and
egress to or from any building or structure. At least five feet of
unobstructed walkway shall be provided for access from any door or
opening on the business facade to the street.
d.
No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the sidewalk cafe or outdoor seating shall be
located in such a way that less than five feet of paved sidewalk remains
for the exclusive use of the pedestrians (the required "pedestrian
passageway"), nor shall any such furniture, apparatus, decoration
or appurtenance project or protrude into, on, or above the required
pedestrian passageway.
e.
All dishes, utensils, containers, tablecloths, napkins, cutlery and
other items used in the operation or decoration of the sidewalk cafe
or outdoor seating shall be made of non-disposable and reusable materials.
The furniture to be used in the operation of the sidewalk cafe or
outdoor seating shall be made of durable material, such as sturdy
vinyl/plastic, wrought iron or wood. Tables shall have a diameter,
if circular, and width, if square or rectangular, not larger than
36 inches.
f.
The sidewalk(s) utilized by the sidewalk cafe or outdoor seating
shall be kept clean and free of litter. Sidewalk(s) shall be washed
daily and trash receptacles shall be provided as required and approved
by the City.
h.
Sidewalk cafes or outdoor seating shall be permitted to operate only
within the permitted zone and only from 10:00 a.m. until 10:00 p.m.
from April 1 through October 31.
i.
Within 30 minutes after the closing of the sidewalk cafe or outdoor
seating, the operator shall remove all furniture, apparatus, decorations,
barriers, planters and appurtenances and any other items used in connection
with the operation of such sidewalk cafe or outdoor seating from the
sidewalk. All such materials shall be stored in a safe and secure
interior location.
j.
The operator shall comply with all the requirements of N.J.A.C. 8:24-1
et seq. and N.J.S.A. 24:15-1 et seq.
k.
The sidewalk cafe or outdoor seating shall be actually operated and
maintained by the same person who operates or maintains the related
restaurant of which the sidewalk cafe or outdoor seating is a part
and extension.
l.
The operator shall comply with all other ordinances of the City of
Bayonne.
m.
Any table service provided at the sidewalk cafe or outdoor seating
shall be provided by persons engaged or employed for that purpose
and shall be furnished to seated patrons only. Table service is not
required, however, and retail food establishments that do not provide
table service may operate sidewalk cafes or outdoor seating in which
patrons carry their food from inside the premises to tables located
in the sidewalk cafe or outdoor seating area.
n.
No food may be prepared or stored in the sidewalk cafe, outdoor seating
area or outside the adjacent building.
[1972 Code § 7-22.11; Ord. No.
O-08-05; Ord. No. O-08-08]
The sidewalk area upon which a sidewalk cafe or outdoor seating
has been authorized to operate pursuant to this section shall constitute
premises duly licensed for the sale and consumption of alcoholic beverages
provided that the related restaurant of which the sidewalk cafe or
outdoor seating is a part and extension is so licensed, and provided
further that specific approval has been obtained from the City for
the extension of the alcoholic beverage consumption license to the
sidewalk area. Such approval shall be separate from, and must be obtained
in addition to, the license to operate a sidewalk cafe or outdoor
seating pursuant to this section.
Patrons of a sidewalk cafe or outdoor seating that do not have a license to sell alcoholic beverages on the sidewalk area upon which the cafe or outdoor seating has been authorized to operate pursuant to this section shall not be permitted to carry onto or consume any alcoholic beverages on such sidewalk area, pursuant to Chapter 3, Section 3-5 of the Revised General Ordinances of the City of Bayonne.
[1972 Code § 7-22.12; Ord. No.
O-08-05; Ord. No. O-08-08]
Upon a determination by an officer or employee of the City 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 sidewalk cafe or
outdoor seating license shall thereupon and automatically be revoked.
Upon revocation of such license, the licensee, upon written
request made within 14 days of the revocation, shall be entitled to
a hearing before the Municipal Council of the City of Bayonne within
14 days of the date of the request. The Municipal Council shall have
30 days from the date of the hearing within which to make a decision
on the appeal.
[Ord. No. O-08-05; Ord. No. O-08-08]
[1972 Code § 7-2.1; Ord. No. O-04-19 § 1]
As used in this section:
Shall mean and include any person, whether or not a resident
of the City, traveling by foot, wagon, automotive vehicle or any other
type of conveyance, from place to place, from house to house, or from
street to street, carrying, conveying or transporting meats, fish,
vegetables, fruits, food, ice cream, fruit ices, beverages, garden
farm products or provisions, offering and exposing the same for sale
or making sales and delivering articles to purchasers. The word peddler
shall include the words "hawker," "huckster" and "vendor."
[1972 Code § 7-2.2; Ord. No. O-04-19 § 1]
It shall be unlawful for a person to engage in the business
of peddler within the corporate limits of the City without first obtaining
a license.
[1972 Code § 7-2.3; Ord. No. O-00-54 § 1; Ord. No. O-04-19 § 1; Ord. No. O-12-02 § 8]
The license fee for a peddler shall be $350 per year.
[1972 Code § 7-2.4; Ord. No. O-04-19 § 1]
It shall be the duty of any Police Officer of the City to require
a person seen peddling who is not known by such officer to be duly
licensed, to produce his peddler's license and to enforce the provisions
of this section against any person found to be violating the same.
[1972 Code § 7-2.5; Ord. No. O-04-19 § 1]
This section shall not be construed to include:
a.
The delivery of milk, eggs, bread, newspapers or such other necessary
and perishable articles of food or merchandise of the type commonly
delivered on a house-to-house basis.
b.
Federal census takers and polls or surveys taken pursuant to Federal,
State or local laws.
c.
Any veteran or volunteer Firefighter who holds a special license
issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application
for a license, but shall be required to comply with all other applicable
provisions.
[1972 Code § 7-2.6; Ord. No. O-04-19 § 1; Ord. No. O-09-28 § 2]
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities shall be maintained
in a clean and sanitary manner and be subject to inspection by the
Division of Health or its authorized agents. A violation found and
not immediately corrected shall be grounds for revocation of the license.
[1972 Code § 7-2.7; Ord. No. O-04-19 § 1]
a.
A peddler, hawker or vendor, as described in subsection 21-33.1, shall not park or stop in a commercial zone a vehicle, wagon, sales equipment or any other mode of conveyance, except when the equipment is legally parked for purposes other than for the sale of goods, wares, merchandise, etc. and such peddler, hawker or vendor shall not make any sale in a commercial zone. Provided, however, that the following exceptions shall apply:
1.
Peddlers, hawkers and vendors selling food or beverages intended
for immediate consumption may make such sales in a commercial zone
provided their equipment is parked or stopped only when engaged in
a sale.
2.
Peddlers, hawkers and vendors selling food and beverage products
may make such sales in a commercial zone during parades, but only
in zones in which a parade is in progress and during the day of the
parade, and provided their equipment is parked or stopped only when
engaged in a sale. In all other zones, sales are permitted provided
not made within 400 feet of another permanently established business
selling similar items.
b.
Peddlers, hawkers and vendors, as described in subsection 21-33.1, are prohibited from making or attempting to make a sale in the municipal building, the centralized garage, the library, all firehouses, and any other City-owned buildings, or making or attempting to make a sale within 100 feet from all sides or property lines of the property upon which such a building is situated.
c.
Peddlers, as described in subsection 21-33.1, are prohibited from making or attempting to make a sale within 100 feet of the Municipal Pool along West 16th Street during its open season. This footage shall be measured from the fenced perimeter of the pool property. This prohibition, combined with that which is set forth above, effectively prohibits the sale of any food or beverage in the upper area of the 16th Street Park complex during the Municipal Pool's open season. Sales in the lower level of the 16th Street Park complex are not affected by this prohibition.
d.
Peddlers, as described in subsection 21-33.1, are prohibited from making or attempting to make a sale within 100 feet of the fenced perimeter of the Don Ahearn Veteran's Stadium. Peddlers are strictly prohibited from parking in the Don Ahearn Veteran's Stadium parking lot when the Stadium is open for games or any organized activity.
e.
In the interest of traffic flow and pedestrian safety, peddlers selling
in the City parks must maintain a vehicle distance of 50 feet from
other peddlers.
[Added 6-19-2019 by Ord.
No. O-19-39[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2020.
As used in this section, the following terms shall have the
meanings indicated:
A bag provided by a retail establishment to a customer at
the point of sale for customers, but shall not include:
Bags, whether plastic or not, in which loose produce or products
are placed by a customer to deliver such items to the point of sale
or checkout of a retail establishment;
Laundry or dry-cleaning bags;
Newspaper bags;
Bags used to contain or wrap frozen food, meat, fish or other
items, whether prepackaged or not, to prevent or contain moisture;
Bags provided by pharmacists to contain prescription drugs;
or
Bags sold in packages containing multiple bags intended for
use as garbage, pet waste or yard waste bags.
A bag made of plastic which is not a reusable bag.
Any establishment which serves made-to-order food or beverages
for dine-in, takeout or delivery, but not including food trucks and
mobile food carts.
Material that can be sorted, cleansed and reconstituted using
Bayonne's available recycling programs for the purpose of using the
altered form in a new product. Recycling does not include burning,
incinerating, converting or otherwise thermally destroying solid waste.
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled content and displays the words "recyclable"
and "made from 40% post-consumer recycled content" in a visible manner
on the outside of the bag.
Any commercial enterprise, whether or not operated for profit,
including, but not limited to, mercantile establishments, department
stores, food service establishments, restaurants, pharmacies, convenience
and grocery stores, liquor stores, supermarkets, clothing stores,
seasonal and/or temporary businesses, jewelry stores, and stores which
sell household goods, or any other commercial establishment not specifically
identified herein utilizing disposable plastic carryout bags for the
convenience of merchandise, but excluding bazaars, fairs, carnivals
or other special events operated by a nonprofit or religious institution.
A bag with handles specifically designed and manufactured
for multiple reuse and is either made from polyester, polypropylene,
cotton or other durable material or plastic which is at least 2.25
mils in thickness and meets the following criteria:
a.
All retail establishments shall provide customers only reusable bags
and/or recyclable paper bags. No retail establishment shall provide
any single-use, plastic carryout bags to a customer at the checkout
stand, cash register, point of sale, or other point of departure for
the purpose of transporting products or goods out of the business
or store, except as otherwise provided in this section.
b.
Nothing in this section, however, shall be read to preclude retail
establishments from making reusable bags available for sale to customers
or from customers using their own reusable bags.
No retail establishment shall sell or provide single-use plastic
straws to customers.
If any section, cause or other portion of this section, or the
application thereof to any person or circumstance, shall for any reason
be adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or repeal the remainder of this
section.
