[Adopted 11-25-2002 by Ord. No. 18/02]
It is hereby declared to be the public policy
of this Town to recognize the public's general right to know pursuant
to the Public Open Records Act (N.J.S.A. 47:1A:1 et seq.). All records
kept in the course of official duties by any Town officer or employee
shall be deemed to be "government records," as that term is defined
by N.J.S.A. 47:1A:1.1, and such records shall be subject to inspection
by the public unless exempt under the statute or other regulation,
common law practice, executive order of the Governor, Rules of Court,
federal law or judicial decision.
In accordance with N.J.S.A. 47:1A:1.1, the Municipal
Clerk is designated as the custodian of records. The Clerk shall adopt
a form for the use of any person who requests access to a record,
and such form shall contain all of the information required by N.J.S.A.
47:1A-5(f). In accordance with the above, the Deputy Director of the
Police Department and/or his designee is hereby designated as the
custodian of Police Department records, and any request will be handled
directly by the Deputy Director or his designee.
A.
Any person seeking to inspect, examine or copy a public
record of this municipality shall make application in writing to the
Municipal Clerk, during regular business hours, on the form provided.
All requests for public records shall be as specific as possible,
including the type of record and date created, if known.
B.
The Municipal Clerk shall promptly comply with a request
to inspect, examine, copy or provide a copy of a government record.
If the Clerk is unable to comply with a request for access, he or
she shall indicate on the request form the specific basis for such
inability to comply and shall promptly return it to the requestor.
The Clerk shall sign and date the form and provide the requestor with
a copy thereof.
C.
In those instances where the nature of the request
or the record itself leads the Municipal Clerk to doubt whether or
not the record is a government record as defined by law or is a record
exempt from disclosure, the Clerk shall request an opinion from the
Municipal Attorney. A copy of the request form shall be forwarded
to the Attorney, who, after review and investigation, shall issue
an opinion and note such opinion on the request form and promptly
return it to the Municipal Clerk.
D.
If any part of a particular record is exempt from
public access pursuant to N.J.S.A. 47:1A-1 et seq., the Clerk shall
delete, react or excise from a copy of the record that portion which
is exempt from access and shall promptly permit access to the remainder
of the record.
E.
If the record requested is temporarily unavailable
because it is in use or in storage, the Clerk shall so advise the
requestor and shall make arrangements to make a copy of the record
available.
F.
If a request for access to a government record would
substantially disrupt municipal operations, the Clerk may deny access
to the record after attempting to reach a reasonable solution with
the requestor that accommodates the interests of the requestor and
the municipality.
G.
As required by N.J.S.A. 47:1A-5e, immediate access
shall be granted for access to budgets, bills, vouchers, contracts
(including collective negotiations agreements and individual employment
contracts), and public salary and overtime information.
Unless a shorter time period is otherwise provided
by statute, regulation or executive order, the Clerk shall grant access
to a government record or deny a request for access to a record as
soon as possible, but not later than seven business days after receiving
the request, provided that the record is currently available and not
in storage or archived. In the event that the Clerk fails to respond
within seven business days after receiving a request, the failure
to respond shall be deemed a denial of the request, unless the requestor
has elected not to provide a name, address or telephone number, or
other means of contacting the requestor. If the requestor has elected
not to provide a name, address, or telephone number, or other means
of contacting the requestor, the Clerk shall not be required to respond
until the requestor reappears before the custodian seeking a response
to the original request. If the government record is in storage or
archived, the requestor shall be so advised within seven business
days after the Clerk receives the request. The requestor shall be
advised by the Clerk when the record can be made available. If the
record is not made available by that time, access shall be deemed
denied.
The Clerk shall post prominently in public view,
in or adjacent to the Clerk's office, a statement that sets forth
in clear, concise and specific terms the right to appeal a denial
of or failure to provide access to a government record and the procedure
by which an appeal may be filed.
A.
Upon the approval of a request to view, inspect, examine
or copy a record, the record and the requestor shall remain in the
presence of the Municipal Clerk or his or her authorized representative
at all times. Under no circumstances shall any government record be
removed from the office where it is normally kept unless accompanied
by the custodian or his or her authorized representative.
B.
In the event that the nature of a request to view
records requires that the Clerk or other municipal employee observe
or monitor such viewing for a period of time exceeding 1/2 hour, the
requestor shall be responsible for reimbursing the municipality for
time spent by the Clerk or other employee.
Reviewing of reports, photostats of reports
and viewing of accident photographs will be conducted at the Bureau
of Identification at Police Headquarters, Tuesday through Friday,
from 9:00 a.m. to 3:00 p.m.
[1]
Editor's Note: This section was adopted as
part of Ord. No. 891, adopted 6-7-1961 and amended in its entirety
12-16-1998 by Ord. No. 24/98.
[Amended 8-17-2011 by Ord. No. 12/11]
A.
Procedures and fees for purchasing copies of public
records. Copies of records may be purchased upon payment of the fee
prescribed by law or regulation. Except as otherwise provided by law
or regulation, the fee assessed for the duplication of a government
record embodied in the form of printed matter shall be $0.05 per letter-size
page or smaller and $0.07 per legal-size page or larger.
D.
Police reports and photographs.
(1)
Record Room.
(a)
Reports (noncriminal): fee pursuant to N.J.S.A.
47:1A-2.
(b)
Searching fee: fee pursuant to N.J.S.A. 47:1A-2.
(c)
View accident photos: fee pursuant to N.J.S.A.
47:1A-2.
(d)
Copies of accident photos: $10.
(e)
Permit to purchase: $25.
(f)
Firearms identification card: $25.
(g)
Photostats: fee pursuant to N.J.S.A. 47:1A-2.
(h)
Letters of good conduct (Note: religious, charitable
and veterans are exempt): $10.
(i)
Discovery for attorneys: fee pursuant to N.J.S.A.
47:1A-2.
(2)
Licensing Bureau.
(a)
Fingerprints: $25.
(b)
Fingerprints for realty: $25.
(c)
Precious metal dealer: $50.
(d)
Precious metal dealer renewal: $50.
(e)
Bartender/waiter or any employee (each establishment):
$75.
[Amended 9-4-2019 by Ord. No. 16/19]
(f)
Go-Go dancers (each establishment): $100.
[Amended 9-4-2019 by Ord. No. 16/19]
(g)
Alarm license: $25.
(h)
Taxi/livery service (yearly): $200.
(i)
Taxi/livery driver's license: $25.
(j)
Taxi/livery car license: $100.
(k)
Transfer: $50.
(l)
Video games, juke boxes, pinball, etc.: $150.
(m)
Pool tables: $250.
[Amended 9-4-2019 by Ord. No. 16/19]
(n)
Video distributor: $500.
(o)
Town tow company: $2,000.
(p)
Tow driver: $50.
G.
Fire prevention: additional required inspections and fees. (§ 198-8). In addition to the inspections and fees required pursuant to the Act and regulations of the Department of Community Affairs, and except for uses required to register with the state, the following inspections and fees shall be required for each building and each use within each building if multiuse facilities:
|
Use Group
|
Square Footage
|
Fee
| |
|---|---|---|---|
|
Business Use Group
| |||
|
B-1
|
Under 2,500
|
$25.00
| |
|
B-2
|
2,500 to 4,999
|
$50.00
| |
|
B-3
|
5,000 to 9,999
|
$75.00
| |
|
B-4
|
10,000 and over
|
$100.00
| |
|
Factory Use Group
| |||
|
F-1
|
Under 5,000
|
$75.00
| |
|
F-2
|
5,000 and over
|
$100.00
| |
|
Mercantile Use Group
| |||
|
M-1
|
Under 6,000
|
$50.00
| |
|
M-2
|
6,000 to 11,999
|
$75.00
| |
|
Storage Use Group
| |||
|
S-1
|
Under 2,500
|
$50.00
| |
|
S-2
|
2,500 and over
|
$75.00
| |
|
Residential Use Group
| |||
|
R-A, non-owner- occupied 1 and 2 units (a)
|
$25.00
| ||
|
R-B, 3 to 6 units
|
$35.00
| ||
|
R-C, 7 to 12 units
|
$50.00
| ||
|
R-D, 13 to 20 units
|
$75.00
| ||
|
R-E, over 20 units
|
$100.00
| ||
|
Utilities Use Group
| |||
|
U-1
|
Under 2,500
|
$25.00
| |
|
U-2
|
2,500 and over
|
$50.00
| |
H.
Health Department Fees.
[Amended 2-15-2012 by Ord. No. 3/12]
(2)
Health Department.
(a)
Retail food: $125.
(d)
Beauty parlor/hair salon/barbershop: $75.
[Amended 9-4-2019 by Ord. No. 16/19]
[1]
Extended hours application fee: $50.
(f)
Barbers: $75.
(g)
Vendors: $275.
(h)
Agents: $75.
(i)
Figure, exercise and diet salons: $75.
(j)
Exercise clubs: $275.
(k)
Swimming pool: $250.
(l)
Solid waste: $75.
(m)
Poultry: $200.
(n)
Pet: $75.
(p)
Milk: $50.
(q)
Milk depot: $150.
(s)
Death transcripts: $10.
(t)
Burial permits: $10.
(u)
Reinspection fee: $150.
[Added 4-19-2018 by Ord.
No. 8/18]
I.
Elevator fees.
(1)
(4)
(7)
(8)
Subcode
inspection services. The Town of West New York administrative fee
for elevator subcode inspection services shall be 80% of the third-party
elevator subcode inspection services contract rate at any given time.
[Added 4-21-2010 by Ord. No. 5/10]
K.
A special service charge shall be imposed, in addition
to the actual cost of duplicating the record, where the nature, format,
manner of collation or volume of printed matter is such that it cannot
be reproduced by ordinary document-copying equipment in ordinary business
size or where such record involves an extraordinary expenditure of
time and effort to accommodate the request. The requestor shall have
the opportunity to review and object to the special service charge
prior to it being incurred.
L.
A deposit shall be paid prior to filling any anonymous
request where it is estimated that the information requested will
cost in excess of $5 to reproduce. The amount of the deposit shall
equal the total estimated cost of filling the request.
N.
Emergency medical services.
[Added 9-4-2019 by Ord. No. 16/19]
(1)
The
fees for service are as follows:
|
Type
|
Fee
|
|---|---|
|
911 BLS load fee
|
$800
|
|
911 BLS mileage
|
$20
|
|
Oxygen
|
$80
|
|
RMA (refused medical assistance)
|
$300
|
|
Pronouncements
|
$500
|
(2)
In
addition to the above, a fee shall be charged of $250 per hour for
use of an ambulance and crew for any special event, including school
and sporting events. A fee of $100 per hour shall be charged for use
of any nonambulance vehicle and one EMT for any event. A two-hour
minimum charge shall be incurred for the above-referenced fees.
O.
Dancer's
identification certificate. The fee for a dancer's identification
certificate shall be paid to the Department of Public Safety at the
time of the filing of the written application or renewal thereof and
shall be in the amount of $75.
[Added 9-4-2019 by Ord. No. 16/19]
P.
Amusement
devices.
[Added 9-4-2019 by Ord. No. 16/19]
(1)
The
annual license fee for the owner, renter, lessee, or operator of any
store, building or other place where the public may enter for each
electric crane, jukebox, ballyhoo, music, electronic computer game,
pinball, bagatelle and pin amusement machine or similar machines and
devices shall be $75 per machine, payable in advance at the time of
license application or renewal. A separate license and separate fee
shall be required for each device or contrivance.
(2)
The
license fee for any distributor/installer of an amusement device within
the Town of West New York shall be $250 regardless of the number of
machines that they distribute or install within the Town of West New
York.
Q.
R.
Condominium
conversions. Pursuant to Section 16 of Chapter 226 of the Laws of
1981,[3] the Rent Control Board is authorized to levy and collect
the following fees which shall be paid by the owner applying for conversion
at the time the application is filed with the Rent Control Board:
[Added 9-4-2019 by Ord. No. 16/19]
(1)
The owner shall submit a fee of $100 per dwelling unit with his notice of intention and submission of tenant lists under Chapter 158 in the form of a check or money order made payable to the Town of West New York.
(2)
The
owner shall submit a fee of $100 administrative hearing fee upon submission
of application for an appeal. In the event of an appeal by a tenant,
a hearing fee of $150 shall be submitted by the tenant.
(3)
The application fee set forth in Subsection A above shall be based upon each unit listed for conversion in the application. In the event that one building or structure as listed on the tax rolls is converted in stages, the building shall be considered as a single building for determining the fee without consideration of the number of units listed in the application for conversion.
[3]
Editor's Note: See N.J.S.A. 2A:18-61.35.
S.
Uniform
Construction Codes. All fees required for plan review and the issuance
of any permit or certificate shall be collected prior to the review
or the issuance of the permit or certificate. Fees shall be computed
in accordance with the requirements and standards set forth in the
State Uniform Construction Code and in accordance with the following
fee schedule, a copy of which shall be posted in the Central Permit
Office.
[Added 9-4-2019 by Ord. No. 16/19]
U.
V.
Filming.
[Added 9-4-2019 by Ord. No. 16/19]
W.
Junk dealers.
[Added 9-4-2019 by Ord. No. 16/19]
(1)
Such
application shall be accompanied by cash or a certified check, payable
to the order of the Town of West New York, in a sum equal to the entire
annual license fee, which is hereby fixed at the sum of $350. In the
event the license is refused, said fee, less $150 to defray and cover
the cost of inspections and processing the application, shall be returned
to the applicant. If the application for the original license is for
part of the licensed year only, the fee shall be prorated on a monthly
basis, but in no event shall it be less than $200.
(2)
The
license fee imposed herein is expressly declared to be imposed for
regulation and for revenue.
X.
Planning/Zoning
Board services. Fees for applications or for the rendering of any
service by the Planning Board or Zoning Board of Adjustment or any
member of their administrative staffs, which is not otherwise provided
by ordinance, may be provided for and adopted as part of the rules
of the Board and copies of said rules or of the separate fee schedule
shall be available to the public.
[Added 9-4-2019 by Ord. No. 16/19]
Y.
Mobile
or street food vendors. For each truck or stand in which the licensee
seeks to be permitted in the Town, a fee of $275 shall be filed with
the Health Department at the time of the filing of the application.
Each additional vehicle or stand added by the licensee shall increase
the licensee's fee by $275.
[Added 9-4-2019 by Ord. No. 16/19]
Z.
Mopeds.
[Added 9-4-2019 by Ord. No. 16/19]
(1)
The
person applying for the license and registration tag shall pay a fee
of $2 for each moped to be licensed hereunder. Duplicate tags will
be issued upon satisfactory proof of the loss of the original tags
and upon payment of $0.50. Said license and tag is not transferable.
(2)
For
each annual renewal, the fee for the license and registration tag
shall be the same as for the original license tag. Said licenses,
registration tags and renewals thereof shall expire on the last day
of October in every year.
AA.
Hawking,
peddling and soliciting.
[Added 9-4-2019 by Ord. No. 16/19]
(2)
Where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately and each shall pay the appropriate fee as established by Chapter 186, Fees, Article II, Health Department Fees. Upon expiration of a certificate, a new certificate will be issued upon compliance with all provisions of this article and the payment of fees and posting of bond, except that the investigation and waiting period therefor may be waived if approved by the Department of Health and Commissioner of Public Safety.
CC.
Licenses for shows and exhibitions. The license fee to be paid for all licenses granted under the provisions of Chapter 335 shall be the sum of $100, which sum shall, in all cases, accompany the application and shall be returned to the applicant in case a license shall not be granted.
[Added 9-4-2019 by Ord. No. 16/19]
DD.
Pool
permits. The following fees and charges are herewith established:
[Added 9-4-2019 by Ord. No. 16/19]
EE.
Five-year
tax exemption application fees. No application for the approval of
a five-year tax exemption shall be accepted unless it is accompanied
by full payment of the following fees:
[Added 9-4-2019 by Ord. No. 16/19]
(1)
Improvements
to dwellings, new construction of dwellings, and improvements to and
conversions of multiple dwellings: $100 per unit.
(3)
New
construction of multiple dwellings by tax agreements: $200 per unit,
with a maximum of $10,000 per building.
(4)
New
construction of commercial or industrial structures by tax agreements:
$3,500.
FF.
GG.
General
development plans. The following fees shall be paid in connection
with the filing, processing and consideration of a general development
plan:
[Added 9-4-2019 by Ord. No. 16/19]
(2)
Escrow
fund.
(a)
In addition to the application fee, the applicant shall establish an escrow fund with the Planning Board, and such fund shall be used to pay the fees and costs of any professional personnel employed or retained by the Board to process, review and make recommendations on the general development plan, which fund shall be different from and in addition to the application fee. The amount of such escrow fund shall be computed, and the escrow fund shall be administered as provided in § 414-31B(6).
(b)
At the time of a submission of an application for preliminary subdivision,
site plan, planned development or controlled waterfront development
approval, the Planning Board shall take into account the amounts previously
paid and the work done in connection with an application for general
development plan approval in determining the amount of an escrow fund
to be established for such application.
No searching fee will be charged if a report
is not on file or if formally requested by any local, county, state
or federal law enforcement agency.
[1]
Editor's Note: This section was adopted as
part of Ord. No. 891, adopted 6-7-1961 and amended in its entirety
12-16-1998 by Ord. No. 24/98.
A receipt will be issued for all money received
by the West New York Police Department for the services extended and
material distributed by the West New York Police Department as herein
set forth.
[1]
Editor's Note: This section was adopted as
part of Ord. No. 891, adopted 6-7-1961 and amended in its entirety
12-16-1998 by Ord. No. 24/98.
