[1973 Code § 84-1; Ord. No. 7-8-87; Ord. No. 4-27-88]
It shall be the purpose of this section to reduce the opportunity for robbery, theft, assaults and other criminal activity, to occur at all night filling stations, and also to ensure the peace, quiet and comfort of neighborhoods abutting residential and commercial zones in the Town of Kearny, by eliminating traffic, lights, noise and activity during the hours of 12:00 midnight to 6:00 a.m. prevailing time, and further to otherwise protect the peace, safety and welfare of the residents of the Town of Kearny.
[1973 Code § 84-2; Ord. No. 7-8-87; Ord. No. 4-27-88]
As used in this section:
Shall mean any building or place of business where gasoline, fuel, oil and grease, batteries, tires or automobile accessories are supplied and dispensed directly to members of the public in automobiles, or where minor repair service is rendered to automobiles.
Shall mean any zone designated on the zoning map or in the zoning ordinance of the Town of Kearny as R-1, R-2, R-3, C-1, C-2, C-3, C-4, or C-5.
[1973 Code § 84-3; Ord. No. 7-8-87; Ord. No. 4-27-88]
No automobile service or gasoline station shall open or engage in business operations involving the sale or dispensing of fuel, oil, goods or services of any nature during the hours of 12:00 midnight to 6:00 a.m. of the following morning in any residential or commercial zone of the Town of Kearny.
[1973 Code § 107-1]
The owner or operator of any store in the Town of Kearny engaged in the retail sale of goods to the public having accessory thereto a parking lot for the use of customers with provision for 100 or more motor vehicles shall employ a uniformed security guard for the parking lot, to be present upon same during all hours the retail store is open for business.
[1973 Code § 107-2]
It shall be unlawful to operate any such parking lot as designated in subsection 5-52.1 except as heretofore provided.
[1973 Code § 131-1]
The owner or operator of any parking lot in the Town of Kearny used in conjunction with facilities catering principally to truck traffic and known as a "truck stop," with a parking capacity in excess of 30 vehicles, shall:
a.
Enclose the parking lot with a fence of a minimum height of seven feet.
b.
Provide a supervised entrance and exit thereon with sufficient lighting to illuminate the entire parking area.
c.
Provide a uniformed security guard who shall be in attendance at the parking lot at all times.
d.
Pave and line the parking lot for parking purposes.
e.
Maintain a registration system thereon which shall be made available to the Police and Fire Departments of the Town of Kearny, and which shall provide therein the following information:
[1973 Code § 131-2]
As used in this section:
Shall mean a unit of illumination equivalent to that produced by a standard candle at a distance of one foot.
Shall mean the visible delineation of spaces on the lot so as to provide for the systematic parking of vehicles, whereby all trucks will be parked side by side, in rows of no more than two trucks one behind the other.
Shall mean the presence of a uniformed guard at each entrance and exit at all times.
Shall mean a facility used by carriers primarily for the temporary parking of trucks during transit; provided, however, that such definition shall not apply to service stations or diners.
[1973 Code § 131-3]
It shall be unlawful to operate any parking lot as heretofore defined in subsection 5-53.2, except as heretofore provided.
[1973 Code § 93-7]
No place shall hereafter be licensed as a junkyard or as a motor vehicle junkyard unless the premises for which a license is sought shall have a suitable fence or enclosure completely surrounding the premises, which fence or enclosure must be of solid construction and must be constructed at a minimum height of six feet; and the person conducting such junkyard or motor-vehicle junkyard shall at all times maintain the premises in a safe and sightly manner with due regard to the health, safety and general welfare of the vicinity in which the junkyard or motor-vehicle junkyard is located.
[1973 Code § 96-1]
It shall be unlawful for any person to operate or conduct any laundry, launderette, cleaning or dyeing business where articles are processed in or on any premises in the Town of Kearny after the hour of 12:00 midnight nor before the hour of 7:00 a.m. on all days.
[1]
Editor's Note: Former subsection 5-56.1, Closed on Certain Holidays, previously codified herein and containing portions of 1973 Code § 55-1, was repealed in its entirety by Ordinance No. 2006-(O)-60.
[1973 Code § 55-2]
The clear interior view of every barbershop or other place wherein the business of shaving, haircutting and other barbering is carried on within the Town of Kearny shall be in no way obstructed by screens, non-transparent glass, shades, blinds, doors, shutters or merchandise or any other articles placed therein, so that the entire interior of every barbershop or other place wherein the business of shaving, haircutting or other barbering is carried on shall be open to full view from the public street.
[1973 Code § 55-3; Ord. No. 2006-(O)-60 § 17]
No barbershop shall be open for business before the hour of 7:00 a.m. nor shall remain open after 10:00 p.m. Nothing herein contained shall be held or construed to prohibit the rendering of service to any person or persons already within the barbershop before the hour fixed for closing.
[1973 Code § 55-4]
No person, partnership or corporation engaged in the business aforesaid shall solicit any trade or business in connection therewith after the hour fixed for closing as set forth in subsection 5-56.3.
[1]
Editor's Note: Former subsection 5-57.1, Closed on Certain Holidays, previously codified herein and containing portions of 1973 Code § 55-6 and Ordinance No. 11-24-82, was repealed in its entirety by Ordinance No. 2006-(O)-60 § 18.
[1973 Code § 55-7; Ord. No. 2006-(O)-60 § 18]
No beauty shop shall be open for business before the hour of 7:00 a.m. nor shall remain open after the hour of 10:00 p.m. Nothing herein contained shall be held or construed to prohibit the rendering of service to any person or persons already within the beauty shop before the hour fixed for closing.
[1973 Code § 55-8]
No person or persons, firm, partnership or corporation engaged in the aforesaid business shall solicit any trade or business in connection therewith after the hours fixed for closing as hereinbefore set forth.
[Added 9-9-2025 by Ord. No. 2025-35]
[Added 9-9-2025 by Ord. No. 2025-35]
Means a device primarily intended to be used to keep heat and liquid from escaping a lidded cup.
Means a device primarily intended for stirring beverages.
Means an individual single-use container, sealed by the manufacturer or restaurant, containing a condiment.
Means any synthetic, or semi-synthetic material made from polymers or from renewable or biological sources, including but not limited to vegetable fats and oils, polysaccharides, sugar, or proteins.
Means any eating or beverage establishment, which offers for sale food or beverages to the public, guests, members, or patrons, whether consumption occurs on or off the premises or is provided from a food van, pushcart, stand or vehicle.
Is interchangeable with "to go" packaging and "food packaging material" and includes, but is not limited to: utensils, napkins, condiment packs, straws, beverage splash sticks, beverage stirrers and other items designed for one-time use (includes single-use plastic and non-plastic items).
Means the online or mobile platform of the third-party food delivery service on which a consumer can view products available for sale and place an order for a restaurant's products.
Means any website, mobile application or other internet service that offers or arranges for the sale or delivery of food or beverages prepared by, and the delivery or pickup of food and beverage from a restaurant.
[Added 9-9-2025 by Ord. No. 2025-35]
a.
Restaurants and third-party food delivery services shall only provide single-use food service items to customers when explicitly requested by the customer.
1.
Restaurants and third-party food delivery services shall provide options to allow a customer to request single-use food service items upon submission of an order. Such options shall be available for all methods of ordering, including, but not limited to, phone, internet, or mobile phone application orders. The default selected options shall be that no single-use food service items are requested.
2.
No inquiry into the reason for the request shall be made by a restaurant, third-party food delivery service, or any of its employees in carrying out the request authorized by paragraph a1 of this section.
b.
If a restaurant fills an order placed through a third-party food delivery service, such restaurant may rely on the information provided by such third-party food delivery service regarding whether the customer has requested single-use food service items. In a proceeding to collect a civil penalty pursuant to subsection 5-58.3 of this section, it shall be a complete defense for a respondent restaurant to establish that such restaurant relied on the information provided to it by the third-party food delivery service regarding the customer's choice pursuant to paragraph a of subsection 5-58.1 of this section.
1.
A copy or screenshot of a communication by the third-party food delivery service to the restaurant regarding the customer's choice pursuant to paragraph a of subsection 5-58.1 of this section shall constitute prima facie evidence that the restaurant relied on the information provided to it by the third-party food delivery service. A third-party food delivery service shall provide a copy or screenshot of the communication in writing to a restaurant within 72 hours of such restaurant's request for such communication.
[Added 9-9-2025 by Ord. No. 2025-35]
a.
Any restaurant or third-party delivery service violating any provision of this section or any rule or regulation adopted pursuant to this section is subject to;
b.
The Director of the Health Department, or her/his designee, has the responsibility for enforcement of this chapter and may promulgate reasonable rules and regulations in order to enforce the provisions thereof, including, but not limited to, investigating violations and issuing fines.
c.
A restaurant or third-party delivery service who violates or fails to comply with any of the requirements of this section shall be issued an initial written warning and shall have 30 days to correct the violation. After an initial written warning notice has been issued, the food provider shall be subject to the following penalties:
[Added 9-9-2025 by Ord. No. 2025-35]
a.
The Town may establish a public education program to disseminate information regarding implementation of this section. The information must include a link to the publication of this section, along with a summary of the general benefits, requirements, and citizen's rights under this section.
b.
The Town shall provide, at minimum, access to the Town's website where citizens can file a complaint for violations of this section. All materials printed to comply with this section must include reference to the website.