[1973 Code § 129-1]
As used in this article:
Shall mean a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than seven persons and not operated on a fixed route.
[1973 Code § 129-2]
It shall be unlawful for any person to operate or permit a taxicab owned or controlled by him to be operated upon the streets of the Town of Kearny without having first obtained a taxi owner's license pursuant to the provisions of this article.
[1973 Code § 129-3]
It shall be unlawful for any person to operate a taxicab or permit a taxicab owned or controlled by him to be operated upon the streets of the Town of Kearny unless the driver of the taxicab shall have a taxi driver's license issued pursuant to the provisions of this article.
[1973 Code § 129-4]
An application for a taxi owner's license shall be addressed to the Mayor and Town Council and filed with the Town Clerk. The application shall be verified under oath and shall furnish the following information:
a.
The name and address of the applicant, if an individual; if a corporation, the names and addresses of its officers and directors; and if a partnership, the names and addresses of all partners.
b.
Age of the applicant, if an individual; if a corporation, the ages of its officers and directors; and if a partnership, the ages of all partners.
c.
The citizenship of the applicant, if an individual; if a corporation, the date and state of incorporation and the citizenship of its officers and directors; and if a partnership, the citizenship of all partners.
d.
A statement indicating whether or not the applicant was ever convicted of a crime; and if the applicant is a corporation, setting forth whether any of its officers or directors were ever convicted of a crime; and if a partnership, setting forth the information as to all partners.
e.
The experience of the applicant in the transportation of passengers.
f.
Facts which the applicant believes tend to prove that public convenience and necessity require the granting of the taxi owner's license.
g.
The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals.
h.
A description of the vehicle or vehicles for which the license is sought, including make, year, color, serial number, passenger capacity and insignia, if any, to be used.
i.
A schedule of the fares proposed to be charged.
j.
Such other information as the Mayor and the Town Council of the Town of Kearny may from time to time require as being in the interest of public safety.
[1973 Code § 129-5]
a.
Upon the filing of an application, the Mayor and Town Council shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom taxi owner's licenses have been theretofore issued. Due notice shall also be given the general public by publishing a notice of such hearing at least seven days but not more than 14 days before the hearing in a newspaper circulating in the Town of Kearny.
b.
Every applicant must be at least 21 years of age. If the applicant is a corporation, the officers and directors must be at least 21 years of age, and if a partnership, all partners must be at least 21 years of age; provided, however, that this age requirement shall not be applicable to any taxi driver so employed as such in the Town of Kearny on the effective date of this chapter.
c.
If the Mayor and Town Council finds that further taxicab service in the Town of Kearny is required by the public convenience and necessity, and that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this article and the rules promulgated by the Mayor and Council, then the taxi owner's license shall be issued upon payment of the required license fee as hereinafter set forth and compliance with all other provisions of this article.
d.
In making the above findings, the Mayor and Town Council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant.
[1973 Code § 129-6; § 112-1; Ord. No. 10-10-95; Ord. No. 2004-(O)-27 § 2]
No taxi owner's license shall be issued until the following requirements are complied with:
a.
Payment of fee of $60 for each taxicab for the term of one year or fraction thereof. The yearly term shall run from the first day of June to the first day of June the following year. A license for every year thereafter shall issue upon the payment of $50 unless the license for the preceding year has been revoked or the applicant is unable to qualify for the license under the provisions of this article.
b.
All applicants must comply with the applicable provisions of N.J.S.A. 48:16-1 et seq., as amended and supplemented, which requires liability insurance to be provided in a sum of not less than $10,000 to satisfy all claims for damages by reason of bodily injury to or the death of any one person, resulting from an accident, and a sum of not less than $20,000 to satisfy all claims for damages by reason of bodily injuries to or the death of all persons on account of any such accident.
c.
Every vehicle to be licensed must be thoroughly examined and inspected by the Police Department and found to be in safe operating condition for the transportation of passengers, clean in appearance and in a sanitary condition, to be evidenced by a certificate to that effect from the Police Department. The vehicle shall be subject to spot checks at any reasonable hour by the Police Department.
[1973 Code § 129-7]
a.
An application for a taxi driver's license shall be addressed to the Mayor and Town Council and filed with the Town Clerk. Such application shall be verified under oath and shall contain the following information:
1.
The name, address, age and citizenship of the applicant.
2.
A statement as to whether or not the applicant has ever been convicted of a crime.
3.
The names and addresses of at least two residents of the Town of Kearny who have known the applicant for a period of at least two years and who will vouch for the sobriety, honesty and general good character of the applicant.
4.
The experience of the applicant in the transportation of passengers.
5.
The educational background of the applicant.
6.
A concise history of his employment.
b.
Every applicant for a taxi driver's license shall be at least 21 years of age; provided, however, that this age requirement shall not be applicable to any taxi driver employed as such in the Town of Kearny on the effective date of this article and the holder of a State driver's license issued by the State of New Jersey. Every applicant must be in good health with good eyesight, of good character, with knowledge of the traffic regulations and geography of the Town of Kearny and able to read and write the English language. He must furnish with this application a certificate from a reputable physician certifying that in his opinion the applicant is not afflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver, and he must also furnish with his application two recent identification photographs of himself, approximately 1 1/2 by 1 1/2 inches in size, and a copy of his fingerprints taken by the Police Department of the Town of Kearny; and the applicant must furnish such other information as the Mayor and Town Council may from time to time require.
[1973 Code § 129-8; Ord. No. 2004-(O)-27 § 2]
Before an application for a taxi driver's license is finally passed upon, the Police Department shall conduct an investigation of each applicant, and a report of such investigation, with a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Mayor and Town Council. The Mayor and Council shall, upon consideration of the application and the reports and certificates required to be attached thereto, approve or reject the application. Upon approval of an application for a taxi driver's license, the Mayor and Council shall issue a license to the applicant upon the payment of a fee of $25, which license shall bear the name, address, color, age, signature and photograph of the applicant. Such license shall be in effect for the remainder of the license year, ending on the first day of January. A license for every year thereafter shall issue upon the payment of $25, unless the license for the preceding year has been revoked or the applicant is unable to qualify as a taxi driver under the provisions of this article. The Chief of Police may issue a temporary license pending approval of a permanent license.
[1973 Code § 129-9]
Every taxi driver operating a taxicab must display in a suitable frame, or frames, attached to the rear of the front seat of his taxicab, his taxi driver's license, picture and inspection certificate.
[1973 Code § 129-10]
A taxi owner's license or a taxi driver's license issued under the provisions of this article may be revoked or suspended by the Mayor and Town Council if the holder thereof has violated any of the provisions of this Town, discontinued operations for more than 30 days, violated any ordinances of the Town of Kearny or the laws of the State of New Jersey or the United States of America. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard.
[1973 Code § 129-11]
Every vehicle operating under this article shall be inspected by the Police Department every three months or at such other interval as shall be established by the Mayor and Town Council to ensure the continued maintenance of safe operating conditions and that each vehicle is clean and sanitary. No license issued under this article shall be sold, assigned, mortgaged or otherwise transferred without the consent of the Mayor and Council.
[Ord. No. 2009-21 §§ 1 — 3]
a.
No operator of a taxi or limousine may solicit or pickup passengers within the Town for a fee or other consideration unless he or she has been licensed pursuant to subsection 5-70.7 et seq. or Section 5-70A of the Town Code, except for State-licensed limousine operators who are picking up passengers pursuant to a prearrangement.
b.
In the absence of a writing in the possession of the operator of a limousine which shall contain the name and address of the passenger or prospective passenger, the date and time of the engagement, the origin of the journey, the destination and the amount of the prearranged fare, the transportation shall be presumed not to have been prearranged.
c.
Any person violating any of the provisions of this Article shall, upon conviction thereof, be liable for a penalty prescribed in subsection 1-5.1 of this Code and his or her license to operate within the Town of Kearny may be revoked for up to five years by the Mayor and Council at the request of the Police Department.
All Limousines
[Ord. No. 2009-19]
Shall mean that term as defined by N.J.S.A. 48:16-13 and shall include car services.
Shall mean the location of the main place of business of the limousine service where the limousine service is conducted, where limousines are dispatched, or where limousine drivers report for duty.
[Ord. No. 2009-19]
a.
No limousine shall be operated along any street in the Town unless it bears license plates issued pursuant to N.J.S.A. 39:3-19.5, has a certificate issued pursuant to N.J.S.A. 48:16-17, complies with N.J.S.A. 39:8-1, and also complies with the provisions of N.J.S.A. 48:16-13 through N.J.S.A. 48:16-22.3b, inclusively.
b.
This provision shall not apply to a limousine registered in another state which has been engaged to perform an interstate transport.
[Ord. No. 2009-19]
a.
No limousine shall be operated along any street in the Town until the owner of the limousine shall have filed with the clerk of the municipality where the limousine owner's principal place of business is located an insurance policy as provided for by N.J.S.A. 48:16-14.
b.
When a limousine owner's principal place of business is in the Town of Kearny, the limousine owner shall file the required insurance policy with the Town Clerk. Upon the filing of the required insurance policy and the payment of a fee in the amount of $50, the Town Clerk shall issue in duplicate a certificate of compliance showing the owner has complied with the terms and provisions of N.J.S.A. 48:16-17.
Limousines Providing
Intra-Town Services
[Ord. No. 2009-19]
Pursuant to N.J.S.A. 48:16-18.1, no limousine shall provide service from one point in the Town to another point in the Town unless the owner thereof shall have first obtained a permit to do so from the Town Clerk. When issued, the said permit shall apply to all limousines operated by that owner and providing intra-municipal service within the Town.
[Ord. No. 2009-19; Ord. No. 2012-22]
An applicant for a permit must meet the following requirements:
a.
Payment of a fee of $75 for the term of one year or fraction thereof. The yearly term shall run from the first day of June to the last day of May of the following year.
b.
The Clerk shall issue a decal to the applicant for each limousine the permittee owns which provides intra-municipal services within the Town. The said decal shall be affixed to the rear window of each limousine.
c.
The applicant shall also file for a license to operate pursuant to N.J.S.A. 48:16-17 with the Clerk of the municipality where the applicant's principal place of business is located if that principal place of business is not Kearny.
d.
Every vehicle to be permitted shall be inspected by the Kearny Police Department and must be found to be safe, in operating condition for the transportation of passengers and in a sanitary condition before a permit is issued.
[Ord. No. 2009-19]
All operators of the limousines permitted pursuant to this section must be licensed by the State to operate a limousine and must provide proof of that State licensure to the Clerk and to any police officer who requests it.
[Ord. No. 2009-19]
A permit under this section shall not excuse the licensee from the requirement that it may provide prearranged transportation only.
[Ord. No. 2009-19]
Any person violating any of the provisions of this section shall upon conviction thereof be liable for a penalty as prescribed by subsection 1-5.1 of this Code and his or her license to operate may be revoked for up to five years by the Mayor and Council at the request of the Police Department.
[Ord. No. 2009-20]
a.
For purposes of this section, a dispatch center is a location in the Town of Kearny from which taxis and/or limousines are dispatched telephonically, electronically or otherwise.
b.
For pickups or dropoffs in Kearny, a dispatch center may dispatch only taxis licensed under Town Code Section 5-70 and State licensed limousines whose principal place of business is in Kearny.
c.
The owners of all limousines dispatched from the dispatch center shall comply with the provisions of N.J.S.A. 48:16-14, 48:16-17, 48:16-18, 48:16-18.1.
d.
No taxi dispatch center or limousine dispatch center shall be established in the Town unless the owner or operator of the dispatch center shall have been licensed pursuant to Section 5-70 or Section 5-70A of the Town Code or N.J.S.A. 48:16-17 et seq., whichever is applicable. Proof of such licensing shall be maintained on the premises at all times.
e.
No vehicle may be dispatched from a dispatch center unless the operator of the vehicle has been licensed pursuant to subsection 5-70.7 of the Code or N.J.S.A. 48:16-22.1 et seq. Proof of such licensing shall be maintained at all times on the premises in Kearny and in the vehicle.
f.
All taxis dispatched from the dispatch center shall bear registration license plates issued pursuant to N.J.S.A. 39:3-19. All limousines dispatched from a dispatch center shall bear registration license plates issued pursuant to N.J.S.A. 39:3-19.5.
g.
The owner and/or operator of the dispatch center shall maintain at the dispatch center for limousines a log containing the name and address of the passenger or prospective passenger, the date and time of the arrangement, the origin of the journey, the destination and the amount of the prearranged fare. All limousines dispatched from the dispatch center shall also maintain a log with the same information in the vehicle at all times.
h.
Any person violating any of the provisions of this Article shall, upon conviction, be liable for a penalty as prescribed by subsection 1-5.1 of this Code and his or her license to operate within the Town of Kearny may be revoked for up to five years at the request of the Police Department by the Mayor and Council.
[Ord. No. 1999-0-18 § 1]
a.
The Mayor and Council of the Town of Kearny recognize that the filming of motion pictures within the Town of Kearny has been increasing and will continue to increase in the future.
b.
The production of motion pictures within the Town of Kearny requires various regulations to preserve the general health, safety and welfare of Kearny inhabitants.
[Ord. No. 1999-0-18 § 2; Ord. No. 2002-O-47]
Shall mean the taking of still or motion pictures either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters, on the internet or for institutional uses. The provisions of this section shall not be deemed to include the filming of news stories within the Town of Kearny.
Shall mean any film for which the budget is at least $1,000,000 or any film which is financed and/or distributed by (i) a major motion picture studio, including, but not limited to, any of the following: Universal Pictures, Warner Brothers (including New Line Cinema, Castle Rock Cinema and Turner Production Company), Paramount, 20th Century Fox, Columbia/TriStar, Disney, MGM-United Artists, or any successor-in-interest to any of the foregoing, or (ii) a major television network or cable television provider.
Shall mean any and every public street, highway, sidewalk, square, public park or playground, or any other public place within the Town of Kearny which is within the jurisdiction and control of the Town of Kearny.
[Ord. No. 1999-0-18 § 3; Ord. No. 2002-O-47; Ord. No. 2004-(O)-05]
a.
No person or organization shall film or permit filming on public lands within the Town of Kearny without first having obtained a permit from the office of the Town Clerk, located at Town Hall in the Town of Kearny. A permit shall be required even if filming occurs wholly on private lands if public lands are utilized in connection therewith during filming. Said permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. Said permit must be readily available for inspection by Town of Kearny officials at all times at the site of the filming.
b.
All permits shall be applied for and obtained from the office of the Town Clerk during normal business hours. Applications for such permits shall be in a form approved by the Town Clerk and be accompanied by a permit fee in the amount established by this section. The Town Clerk shall forward copies of all applications to the Town Administrator and Governing Body upon receipt.
c.
If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Town Clerk may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this section. No additional fee shall be paid for this permit.
[Ord. No. 1999-0-8 § 4]
a.
No permits shall be issued by the Town Clerk unless applied for prior to five days before the requested shooting date; provided, however, that the Town Administrator may waive the five-day period if, in his or her judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.
b.
No permit shall be issued for filming upon public lands unless the applicant shall provide the Town of Kearny with satisfactory proof of the following:
2.
An agreement in writing whereby the applicant agrees to indemnify and save harmless the Town of Kearny from any and all liability, expense, claim or damages resulting from the use of public lands.
3.
The hiring of an off-duty Town of Kearny Police Officer for the times indicated on the permit, when deemed necessary by the Town Administrator.
c.
The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians, and traffic over public lands and shall comply with all lawful directives issued by the Town of Kearny Police Department with respect thereto. The holder of a permit shall on each day of film shooting or production leave the location(s) used in a satisfactory condition free of debris and rubbish. Further, when deemed necessary by the Town Administrator, the holder of the permit shall hire, at its sole expense, a waste removal service to remove on a daily basis all debris and rubbish resulting from its film shooting or production.
d.
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities upon public lands and limit to the extent possible any interference with normal activity on such public lands. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date(s) and informed that objections may be filed with the Town Clerk, which objections will form part of the applicant's application and be considered in the review of the same. Proof of service of notification to adjacent owners shall be submitted to the Town Clerk at least two days before the requested shooting date.
e.
All filming must be completed within 1/2 hour after sunset, unless approved in advance by the Town Administrator. In no event, however, shall an applicant be allowed to film in a residential area after 10:00 p.m.
f.
The Town Administrator may refuse to issue a permit whenever he or she determines, on the basis of objective facts and after a review of the application and consultation with the Town of Kearny Police Department, Town of Kearny Fire Department and such other Departments of the Town of Kearny that the Town Administrator shall reasonably deem necessary that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare. Further, Town of Kearny reserves the right to require one or more on-site patrol persons in situations where the proposed production may impede the proper flow of traffic or in any other way jeopardize the public safety, the cost of said patrol person to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.
g.
Any person aggrieved by a decision of the Town Administrator denying or revoking a permit or a person requesting relief pursuant to paragraph h of this subsection 5-71.4 may appeal to the Town Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Town Administrator. An appeal from the decision of the Town Administrator shall be filed within 10 days of the Town Administrator's decision. The Town Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Town Council shall be in the form of a resolution. A resolution supporting the decision of the Town Council shall be adopted at the first regularly scheduled public meeting of the Town Council after the hearing on the appeal unless the appellant agrees, in writing, to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Town Administrator shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to paragraph h of this subsection 5-71.4 shall be deemed denied.
h.
The Town Council may authorize a waiver of any of the requirements or limitations of this section whenever it determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that a permit may be issued without endangering the public's health, safety and welfare.
i.
Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place and to the New Jersey Film Commission. The applicant shall permit the Fire Prevention Bureau or other Town of Kearny inspectors to inspect the site and the equipment to be used. The applicant shall follow all safety instructions issued by the Fire Prevention Bureau or other Town of Kearny inspectors.
j.
In addition to any other fees or costs mentioned in this section, the applicant shall reimburse the Town of Kearny for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the Town of Kearny was prevented from earning because of the filming.
[Ord. No. 1999-O-18 § 5; Ord. No. 2002-O-47; Ord. No. 2012-22]
a.
A basic filming permit fee of $100 per permit term, payable by all applicants except nonprofit organizations filming exclusively for educational purposes, which organizations shall be required to pay a basic filming permit fee of $50; and
b.
A daily filming permit of (i) $2,000 per day for applicants filming a major motion picture having a budget of $5,000,000 or more, (ii) $1,000 per day for applicants filming a motion picture having a budget of more than $1,000,000 but less than $5,000,000, or $150 per day for all other applicants except nonprofit organizations filming exclusively for educational purposes, which organizations shall not be required to pay any daily filming permit fees.
In addition to the basic filming permit fee and the daily filming permit fee, the permittee shall be required to pay a fee of $75 per day for each commercial vehicle used by the permittee, but in no event more than $750 for all commercial vehicles which are subject to this fee.
[Ord. No. 1999-0-18 § 6]
Any person violating this section or rules and regulations contained herein shall be subject to a fine not to exceed $1,000 per day or imprisonment for a term not to exceed 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 1999-0-18 § 7]
Nothing in this section shall be construed to impair or limit in any way any other power of the Town of Kearny to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
[Ord. No. 2000-0-09 § 1; Ord. No. 2002-O-53A § 1]
As used in this section, the following terms shall have the meanings indicated:
Shall mean, for purposes of this section, an establishment which has all of the following characteristics: (1) it is engaged primarily in the preparation on premises of food to be served for consumption on premises; (2) it shall have on premises a full kitchen with a ventilation control and fire protection system as set forth in National Fire Prevention Association Code 96 and International Mechanical Code 2000; (3) it shall be operating subject to and in compliance with all of the requirements of N.J.A.C. 8:24-1 et seq. (also known as "Chapter XII of the New Jersey State Sanitary Code") and N.J.S.A. 24:15-1 et seq. and the provisions of National Fire Prevention Code 96 and International Mechanical Code 2000.
Shall mean the paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street.
Shall mean a restaurant, fast food restaurant or retail food establishment which is a permitted use under the Town's Zoning Ordinances and which holds a valid license to serve food to be consumed by the public at tables located within the restaurant's lot area or on the sidewalk in front of the restaurant.
[Ord. No. 2000-0-09 § 2]
a.
License Required. No person shall operate a sidewalk cafe within the Town of Kearny without having first obtained a sidewalk cafe license in accordance with the requirements of this section. The license shall be issued by the Mayor and Council. Each license may contain specific conditions related to the nature of the operation and characteristics of the property and surrounding area. The license shall not be transferable and shall continue for as long as the applicant operates the restaurant business within the term of the license. The license shall be subject to future amendments to this section or other applicable regulations.
b.
Terms. All sidewalk cafe licenses shall be issued for the six-month period commencing May 1 and ending October 31 of the particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of this section.
[Ord. No. 2000-0-09 § 3]
Each applicant for a sidewalk cafe license shall submit an application to the Town Clerk on forms established by the Mayor and Council at least one month prior to the commencement of the license period together with the license fee. The application shall set forth:
a.
The name and address of the applicant, who shall be the owner or operator of the restaurant of which the sidewalk cafe is to become a part and extension. (There may not be a separate owner of the related restaurant and the sidewalk cafe.)
b.
A description of the dimensions of the area and all temporary structures, equipment and apparatus to be used in connection with the operation of the sidewalk cafe, including but not limited to tables, temporary fences, barriers, planters, benches, chairs and umbrellas;
c.
A statement of the seating capacity of the proposed sidewalk cafe and of the existing restaurant;
d.
A sketch to be drawn to scale of the proposed design and location of the sidewalk cafe, including the location of all appurtenances, demonstrating that pedestrian traffic will not be impeded and that the provisions of subsection 5-72.5, Requirements and Specifications will be satisfied. The Town Clerk shall refer the sketch to the Construction Code Official/Zoning Officer, Chief of Police, Chief of Fire, Health Officer and the Kearny Enterprise Zone Development Corporation for his/her recommendation; and
e.
A maintenance agreement pursuant to which the licensee shall agree, at the option of the Town, to either repair at its sole cost and expense any damage caused to the sidewalk by the operation of the sidewalk cafe or to reimburse the Town in full for all costs and expenses incurred by it in making any such repairs.
[Ord. No. 2000-O-09 § 4; Ord. No. 2012-22]
The fee for a sidewalk cafe license shall be $50 payable upon submission of an application for a license.
[Ord. No. 2000-0-09 § 5; Ord. No. 2002-O-53A § 2-4]
A sidewalk cafe authorized and operating pursuant to this section shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution of the Mayor and Council of the Town of Kearny:
a.
The sidewalk cafe shall be operated and maintained in accordance with a layout plan approved by the officials referred to in subsection 5-72.3d. If alcoholic beverages are to be served or consumed on the sidewalk area, the layout plan shall provide for a removable barrier of not less than three feet and not more than four feet in height circumscribing the circumference of the sidewalk area.
b.
All furniture, equipment or decoration used in connection with a sidewalk cafe shall be located, in such a way that there shall be no less than four feet of paved sidewalk for use by the public between the curb and the operations of the sidewalk cafe. No furniture, equipment or decoration used in connection with the operation of the sidewalk cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.
c.
No sidewalk cafe license shall be issued unless the licensee shall have first filed with the Town Clerk a copy of the 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 for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe. The policy and certificate shall name the Town of Kearny as an additional insured and provide for 10 days' written notice plus three days mail service of any proposed cancellation of the policy to the Town Clerk.
d.
No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Town Clerk an indemnification agreement on the form provided by the Town Clerk pursuant to which the licensee shall agree to forever defend, protect and indemnify and save harmless the Town of Kearny, 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 arise out of the licensee's operation of such sidewalk cafe. If the licensee is a corporation or LLC, such indemnification and hold harmless agreement shall be executed by a principal or by an adult officer of such corporation or LLC in his or her personal capacity.
e.
The property shall be maintained as required by Chapter 17, Property Maintenance, of the Revised General Ordinances of the Town of Kearny and the State Sanitary Code requirements (N.J.A.C. 8:24-1 et seq. and N.J.S.A. 24:15-1 et seq.).
f.
Services in the sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only.
g.
The sidewalk area utilized for the sidewalk cafe shall be kept clean and free of litter. Trash receptacles shall be provided as required and approved from time to time by the Town.
h.
Noise shall be kept at such a level as to comply in all respects with the provisions of the Code of the Town of Kearny.
i.
Sidewalk cafes shall be authorized to operate from 7:00 a.m. until 10:30 p.m. during the months of May to October inclusive.
j.
Within 30 minutes after the closing of the outdoor sidewalk cafe, the operator shall have all furniture, equipment, decorations and umbrellas and any other items used in connection with the operation of such sidewalk cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.
k.
The operator shall comply with all other ordinances of the Town of Kearny.
l.
The sidewalk area upon which an outdoor sidewalk cafe has been authorized to operate pursuant to this section shall constitute premises duly licensed for the sale and consumption of alcoholic beverages; provided, however, that the related restaurant of which the sidewalk cafe is a part and of which it is an extension is so licensed; and provided further, however, that specific approval has been obtained from the Town of Kearny for the extension of the alcoholic beverage license to the sidewalk area. Such approval shall be separate from, and must be obtained in addition to, the license to operate an outdoor sidewalk cafe pursuant to this section.
m.
Patrons of an outdoor sidewalk cafe that does not have a liquor license to sell alcoholic beverages on the sidewalk area upon which the outdoor sidewalk cafe 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.
n.
If the premises licensed as a sidewalk cafe is also licensed for the consumption of alcoholic beverages, no alcoholic beverage shall be served, sold or consumed on the sidewalk area except with the concurrent consumption of a meal by that patron or patrons. Once the consumption of a meal has been completed the patron or patrons must cease the consumption of alcoholic beverages on the sidewalk area.
o.
The holder of the sidewalk cafe license shall have the primary responsibility to supervise and police the conduct of the patrons on the sidewalk area and that licensee shall be presumed to have known, tolerated and allowed that conduct.
[Ord. No. 2000-0-09 § 6]
a.
Revocation of License. Licenses issued under the provisions of this section may be revoked by the Town Administrator after hearing on notice for any of the following causes:
b.
Notice of Hearing. Notice of the hearing for revocation of license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date of the set hearing.
c.
Penalty. The penalty upon an adverse finding for a first offense shall be a thirty-day suspension of the sidewalk cafe license, for a second offense 60 days and for a third offense revocation of the license for a one year period.
[Ord. No. 2009-13]
Whenever a permit or license is issued for the use of public property for more than one-day for an event or activity to which the public is invited, the following conditions are hereby incorporated in and made a part of that permit or license:
a.
At the end of each day's event, presentation or activity for which the premises are permitted or licensed, all persons associated with the event, presentation or activity shall remove themselves from the permitted or licensed premises within two hours of the end of the event, presentation or activity and shall not return to the premises until one hour before the event, presentation or activity is to begin on the following day, except as provided in subparagraph (b).
b.
If the Police Department determines in writing that for security purposes there is a need to have a person on the premises overnight, one person associated with the event or activity may remain on the permitted or licensed premises overnight.
c.
No person associated with the event shall remain overnight in a vehicle on the streets or other public places of the Town.