[Ord. No. 03-25 § 1]
The purpose of this section is to establish standards and regulations
for the operation and maintenance of various types of intrusion, burglar,
fire and other emergency alarm devices within the Borough of Tenafly.
[Ord. No. 03-25 § 2]
As used in this section:
Shall mean any type of alarm-actuating equipment that provides
warning of intrusion, fire, carbon monoxide and other gases, smoke,
burglary, flood, medical emergency, or other peril including a central
station or local alarm.
Shall mean the installation in or on one or more buildings
of one or more alarm devices.
Shall mean any alarm device which when activated sends a
signal to a monitoring station or alarm company for follow-up. "Central
station" shall mean any central monitoring station, alarm company,
or other authorized location or business that may monitor the alarm
device or system and make appropriate notifications to Police when
activated.
Shall mean any alarm or signal activated or transmitted by
inadvertent, negligent, unintentional or intentional act or omission
of a person causing a response by Police, fire or ambulance personnel
when an emergency does not exist and shall also include alarms caused
by malfunctioning of the alarm device or other related equipment.
False alarms will not include:
Activation caused by power or phone line interruptions when
such interruptions have been reported to the Police Department;
An alarm, except a fire alarm, which is properly cancelled by
the central station prior to the time the responding Police Officer
has arrived at the alarm site; and
When the responding Police Officer finds evidence of criminal
offense or attempted criminal offense, or calamity such as fire damage
by natural elements.
Shall mean any alarm device, other than a central station
alarm, which when activated produces an audible or visual signal on
the exterior of the location where it is installed. It shall not include
motor vehicle anti-theft alarms.
Shall mean any natural person, partnership or corporation,
limited partnership, association, business, club or organization.
Shall mean any person who owns, operates or leases an alarm
system within the scope of this ordinance, who has been issued a registration
permit to operate and maintain such alarm system.
[Ord. No. 03-25 § 3]
a.
Registration shall be required for each home and business utilizing any type of alarm or alarm system as defined in subsection 4-1.2 by obtaining and completing a registration permit from the Tenafly Police Department.
b.
A registration permit shall automatically terminate upon the change
of occupancy of the registered premises. No more than one registration
shall be required per home or business at any single location. Information
provided to the Borough must be kept current, and the registrant must
notify the Police Department in writing of any changes of information
listed in the registration application within 30 days following the
applicable change(s).
c.
Persons required to register their alarm devices shall complete and
file a registration application, which shall be obtained from the
Tenafly Police Department. The registrant shall provide the following
information:
1.
The full name, address, and telephone numbers of the registrant,
including a complete property description;
2.
The name, address, and telephone number of the person installing,
maintaining and/or owning the alarm system;
3.
The name, address, and telephone number of the person(s) responsible
for monitoring and initially responding to an activation of an alarm
device; and
4.
The name, address, and telephone number of the person who may be
contacted by the Police Department if necessary, and who is a designated
key holder for the location and is authorized to enter upon the premises
in which the alarm is located.
[Ord. No. 03-25 § 4; Ord. No. 08-03 § 1]
An annual registration fee in the amount of $25 shall be submitted
with each registration form. Exempt from the annual fee requirement
are personal (pendant-type) medical emergency alarms, but annual registration
is required. Registration shall be submitted within 30 days after
the installation of any alarm system. Thereafter, the registration
for each alarm system shall be renewed by January 31 of each succeeding
year. Any person who does not renew the registration on or before
January 31 each year shall pay an additional fee of $15 for each month
or part thereof beginning February 1 of each year until the registration
renewal has been obtained.
[Ord. No. 03-25 § 5]
a.
All components of such equipment must be maintained by the owner
or operator in good repair.
b.
All external audible alarms must be equipped with a timing device
that will automatically silence the external audible alarm within
15 minutes. In the event that a device does not silence within the
allotted time period, and the audible alarm is sounding in a manner
which is a public nuisance either due to duration or volume, the Tenafly
Police Department has the authority to take action necessary to silence
same; i.e., having the wires physically disconnected by the Fire Department.
c.
The Tenafly Police Department will only accept cancellations from
the central station. In the event of an accidental activation, the
resident should notify the central station directly so that they can
cancel the Police response.
[Ord. No. 03-25 § 6]
All external audible alarms shall be equipped with a timing
device that will automatically silence the external audible alarm
within 15 minutes. In the event that a device does not silence within
the allotted time period, and the audible alarm is sounding in a manner
which is a public nuisance either due to duration or volume, the Tenafly
Police Department has the authority to take action necessary to silence
same; i.e., having the wires physically disconnected by the Fire Department.
[Ord. No. 03-25 § 7]
All persons responsible for an alarm system within the Borough
shall notify the Police Department before any tests or repairs of
the system commence and after completion of the same. Notification
shall be made through the central station for central alarms so that
Police response may be cancelled appropriately.
[Ord. No. 03-25 § 8]
a.
The Police Department shall cause a record to be made of all false
alarms, except for fire alarms, which shall be tracked by the Fire
Department. In any calendar year, the following penalties shall apply
to the person responsible for any alarm device:
1.
For the first and second false alarms, a written warning shall be
issued.
2.
For the third false alarm, there shall be imposed a fine of $100.
3.
For the fourth false alarm, there shall be imposed a fine of $150.
4.
For the fifth and subsequent false alarms, there shall be a fine
of $200 for each such false alarm.
b.
Fines collected under this section shall be paid to the Borough and
deposited in the Current Fund of the Borough of Tenafly, except that
fines collected for false fire alarms shall thereafter be appropriated
to the Tenafly Fire Department Bureau of Fire Prevention for enforcement
of the Uniform Fire Safety Act.
[Ord. No. 03-25 § 9]
The Chief of Police may from time to time promulgate rules and
regulations supplementing this ordinance in order to provide for record
keeping and the efficient administration of the provisions of this
section.
[Ord. No. 03-25 § 10]
This section shall be administered and enforced by the Chief of Police, or his designee, except that the administration of the provisions of subsection 4-1.8 in connection with false fire alarms shall be enforced by the Fire Chief, or his designee, and/or the Fire Official of the Tenafly Fire Department.
[Ord. No. 03-25 § 11;
Ord. No. 04-30]
[Ord. #403 A1]
As used in this section:
Shall mean a person who cries off and sells real or personal
property at public auction, excepting a person or officer making sale
of real or personal property in pursuance of an execution on order
of a Court of competent jurisdiction.
Shall mean a person, who in a public street or place, cries
forth the goods, wares and merchandise which he/she has to sell.
Shall mean a person, who, having no regular place of business
within the Borough, brings merchandise, medicines or remedies into
the Borough to be sold in the streets or public places.
Shall mean a person who travels from house to house with
goods, wares or merchandise, for the purpose of selling the same.
The term does not include a person peddling the product of a farm
owned by him situated in this State.
[Ord. No. 430 A2]
a.
No person shall hereafter carry on, or conduct, or engage in the
calling, occupation or business of an auctioneer, a hawker, a peddler,
a junk dealer, a rag dealer, or an itinerant vendor of merchandise,
medicines or remedies, unless he/she shall have first procured a license.
Each person shall at all times when engaged in such business or occupation
have such license upon his/her person or conspicuously displayed upon
any vehicle or stand which he uses in connection with such business
or occupation.
b.
No person shall conduct any show, carnival, circus or Tom Thumb or
miniature golf course within the Borough without a license issued
under the provisions of this section.
c.
Exemptions. No license shall be required for any show, carnival or
circus given by and for the benefit of a religious, charitable, social
or fraternal organization or association.
d.
Purpose of License Fees. The license shall be issued by the Borough
Clerk, upon the presentation of a proper application and the payment
of the fee herein fixed, which fee shall be for the use of the Borough.
e.
Issuance of License; Records Kept. All applications for a license
shall be made in writing and filed with the Borough Clerk. The application
shall state the name of the applicant, his/her address, the nature
of the license desired, and such other facts as the Borough Clerk
may require. The Borough Clerk shall keep a record of all licenses
issued by him/her, which record shall show the date of the issuance,
the number of the license, the character of the license, the name
and address of the person licensed, and the amount of the fee paid.
The Borough Clerk shall remit all license fees to the Borough Collector
on or before the last day of each month, and shall also prepare a
written monthly report to the Mayor and Council, setting forth the
number of each kind of license issued, and the amount collected and
remitted to the Borough Collector.
f.
Types of License; Duration. The license issued hereunder shall be
of two kinds, "Annual License" and "Temporary License." An "Annual
License" is a license which will remain in force continuously until
April 1 next succeeding its issue, unless previously revoked as herein
provided. A "Temporary License" is a license granted for a single
act, or, permitting the carrying on of a business or occupation for
a limited time, not exceeding three consecutive days.
g.
Licenses to be Numbered Consecutively. The forms of licenses and
applications therefore shall be prepared and furnished by the Mayor
and Borough Council. All licenses shall be numbered consecutively.
"Annual License" shall bear in addition to the serial number the letter
"A"; "Temporary Licenses" shall bear in addition to the serial number
the letter "T".
h.
Licenses Not Transferable. No license granted hereunder shall be
transferable, and no license shall apply to any person other than
the one named therein.
i.
Display of License. Every person engaged in an occupation or business
for which a license is required by the provisions of this section,
shall exhibit such license at any time upon the request of a member
of the Police Department or any other person.
j.
Revocation of License. Any license granted under the provisions of
this section may be revoked by the Mayor and Borough Council, after
a hearing, for the violation of any of the provisions of this section
or any other ordinance of the Borough applicable to such licensee
or his/her occupation or business.
k.
No Vested Rights Granted. No license granted in pursuance of this
section shall create any vested rights or grant any privileges other
than the privilege of conducting such business or occupation in accordance
with the statutes of this State, this section, and any other ordinance
of the Borough.
l.
Time at One Location Limited. No person holding a license as a hawker,
peddler, or itinerant vendor shall remain in any one place for the
purpose of conducting such business or occupation for more than 15
minutes at any one time.
m.
The license fees herein imposed are imposed for the purpose of revenue.
[Ord. No. 403 A3; Ord. No. 1157 § 2; Ord. No. 1300 § 1]
a.
The fees for licenses shall be as follows:
1.
An auctioneer for an "Annual License," $25; for a "Temporary License,"
$100 per day.
2.
For a hawker, peddler, itinerant vendor of merchandise, medicines
or remedies, junk dealer or rag dealer, the fees shall be as follows:
If business or occupation is to be conducted by traveling without
any vehicle or cart, $25 for an "Annual License"; $5 for a "Temporary
License."
If the business or occupation is to be conducted by the use
of push cart or other cart not propelled by horse or motor power,
$25 for an "Annual License"; $15 for a "Temporary License."
If the business or occupation is to be conducted by the use
of horse or horses and wagon, or a motor car or truck, $25 for an
"Annual License"; $5 for a "Temporary License."
3.
"Annual License" for a show shall be $50 and for a "Temporary License"
$100.
4.
"Annual License" for a carnival shall be $500; and for a "Temporary
License" $100.
5.
The license fee for a circus shall be $100 per day.
6.
The license fee for a Tom Thumb or miniature golf course shall be
$25 per year.
b.
Proration of License Fee. When an Annual License is issued on or
before August 1 in any year, the full license fee shall be paid, when
an Annual License is issued after December 1, the fee for the remainder
of such year shall be 1/2 of that herein provided for an Annual License.
[Ord. No. 89-15 § 1; Ord. No. 06-18 § 1]
It shall be unlawful to engage in business in the Borough as
a building contractor without first having registered as set forth
herein.
[Ord. No. 89-15 §§ 2,
11; New; Ord. No. 06-18 § 1]
As used in this section:
Shall mean and include anyone engaged in the business of
cement or concrete contracting, either flat, form or wall work, or
as a masonry contractor; or as a carpentry contractor; or as a general
building contractor; or any person engaged in the business of construction,
alteration or repair of buildings or other structures, including but
not limited to electrical work, plumbing, roofing, siding, swimming
pools, tennis courts, patios, pool decks, driveways, retaining walls,
signs, billboards, sidewalks or street pavement; or anyone engaged
in the business of demolishing or moving any building or buildings,
in whole or part.
Engaging in the construction, repair or alteration of any
building, structure or street or sidewalk pavement in the Borough
for which a permit is required under any ordinance of the Borough
shall be construed as doing business as a contractor in the Borough.
Shall mean any truck, tractor, trailer, generator, compressor,
power tools, pump, bulldozer, cement mixer or similar vehicle or equipment
used in connection with the construction work being performed on the
site, but shall not include passenger automobiles.
Shall mean any residential or commercial structure having
a full roof, and on which all windows, entry and garage doors have
been installed.
Shall mean any contractor's work covered by this section
that is wholly performed in a fully-enclosed building with all windows,
doors and garage doors in a closed position.
Shall mean New Year's Day, Good Friday, Memorial Day, July
4th, Labor Day, Yom Kippur, Thanksgiving Day and Christmas Day.
[Ord. No. 89-15 § 3; Ord. No. 06-18 § 1]
The registration requirements as set forth in this section shall
not be applicable to: (a) builders of new homes who are registered
with the Department of Community Affairs pursuant to N.J.S.A. 46:3B-1
et seq.; (b) home improvement contractors registered with the Division
of Consumer Affairs pursuant to the Contractors' Registration Act,
N.J.S.A. 56:8-136 et seq.; or (c) owners or occupants of a building
or structure who perform the work of a building contractor on such
building or structure, provided that such owner or occupant performs
and supervises his/her own work, nor to building contractors employed
by the Borough or any of its agencies. Unless otherwise provided by
law, builders, owners or occupants shall comply with all other rules
and regulations established by this section.
[Ord. No. 89-15 § 4; Ord. No. 06-18 § 1]
Unless expressly exempted from registration pursuant to subsection 4-3.3, no person, partnership, corporation, or other entity shall engage in business as a building contractor in the Borough of Tenafly until such person shall obtain a Certificate of Registration from the Construction Code Official of the Borough.
[Ord. No. 89-15 § 5;
New; Ord. No. 06-18 § 1]
Application for registration shall be made to the Construction
Code Official on a form provided by the Building Department which
shall include:
a.
The name and street address of each place of business of the building
contractor, and any fictitious or trade name used by the building
contractor during the preceding five years;
b.
The main office telephone, mobile telephone, and telecopier numbers
of the building contractor;
c.
The building contractor's type of business organization;
d.
The name, residence and business street address of each officer,
director, principal and person with an ownership interest of 10% or
more in the building contractor's business, including the percentage
of ownership held;
e.
The name and number of any professional or occupational license,
certificate or registration issued by the State of New Jersey or any
other governmental entity to any officer, director, principal or person
with an ownership interest of 10% or more in the building contractor's
business;
f.
The classification of business in which the applicant wishes to be
registered which shall include: general contractor for large building
projects, contractor for small buildings and alterations, roofing
and siding contractor, demolition/house moving contractor, sign and
billboard contractor, miscellaneous contractor;
g.
The building contractor's commercial general liability insurance
policy number and the name and address of the insurance carrier. The
coverage limits provided under the commercial general liability policy
shall not be less than $1,000,000 per occurrence, naming the applicant
as the insured;
h.
The name and street address of an agent in the State of New Jersey
for service of judicial process.
[Ord. No. 89-15 § 5;
New; Ord. No. 06-18 § 1]
The Construction Official may refuse to issue a Certificate
of Registration for any of the following reasons:
a.
Prior violation of Construction Code regulations.
b.
The existence of any unsatisfied judgment or binding arbitration
decision determining that the building contractor breached a contract
for any construction project located in the Borough of Tenafly.
c.
Demonstrated lack of training or experience in the classification
in which the applicant seeks registration, as evidenced by prior construction
experience in the Borough.
[Ord. No. 89-15 § 5;
New; Ord. No. 06-18 § 1]
The Construction Official may revoke a previously issued Certificate
of Registration for any one of the following reasons:
[Ord. No. 89-15 § 6;
New; Ord. No. 06-18 § 1]
The applicant shall pay to the Construction Department a fee
of $100 upon filing an application for a Certificate of Registration.
[Ord. No. 89-15 § 6;
New; Ord. No. 06-18 § 1]
A Certificate of Registration shall expire on the last day of
the twelfth month after such license is issued.
A Certificate of Registration may be renewed upon payment of
a $50 renewal fee. No Certificate of Registration shall be renewed
if an application for renewal is not filed prior to the expiration
of the certificate.
[Ord. No. 89-15 § 7; Ord. No. 06-18 § 1]
Any person aggrieved by the action of the Construction Code
Official may appeal to the Bergen County Construction Board of Appeals
within 15 days after the action by filing an appeal with the Secretary
of the Bergen County Construction Board of Appeals. The decision of
that Board shall be final.
[Ord. No. 89-15 § 8; Ord. No. 06-18 § 1]
Building permits shall be issued only to:
b.
Building contractors holding a valid Certificate of Registration
pursuant to this section;
c.
An owner or occupant of the premises upon which the work is to be
done, provided that the owner or occupant shall sign a statement that
the owner or occupant will actually do the work himself/herself;
d.
Building contractors employed by the Borough or any of its agencies.
[Ord. No. 89-15 § 9; Ord. No. 99-23 §§ 1, 2; Ord. No. 99-49 § 1; Ord. No. 06-18 § 1]
All building contractors registered hereunder, as well as a
builder of new houses registered with the Department of Community
Affairs N.J.S.A. 46:3B-1 et seq.; home improvement contractors registered
with the Division of Consumer Affairs pursuant to N.J.S.A. 56:8-136
et seq.; and owners or occupants of property who actually do the work,
including principals, employers, agents, contractors and subcontractors
thereof, building contractors employed by the Borough or any of its
agencies, and owners and developers of any place upon which the construction
takes place, shall comply with the following rules and regulations:
a.
No building contractor shall permit any of the contractor's employees,
principals, agents, or subcontractors to report to any work site in
the Borough, or to assemble or congregate on any public street in
the vicinity thereof, prior to 15 minutes before the starting time
set forth in paragraph c below, or to remain on the work site more
than 15 minutes beyond the closing hour.
b.
No building contractor shall permit any of the contractors, employees,
principals, agents or subcontractors to park any construction vehicle
or equipment upon any public street in the vicinity of the work site
except as required for loading and unloading and only during the permitted
working hours set forth in paragraph c below, except upon prior approval
of the Chief of Police or his designee. All construction vehicles
and equipment must be parked on the site and may not be parked within
the Borough's right-of-way. Construction vehicles and equipment shall
not be left idling or with their engines running, except vehicles
which are actually in use.
c.
Except as may be otherwise permitted pursuant to paragraphs d and
e below, the erection (including excavating and site preparation),
demolition, alteration or repair of any building, accessory structure,
or other improvement shall be prohibited other than during the hours
of 7:00 a.m. to 7:00 p.m. on weekdays that do not fall on a legal
holiday, except in the interest of public health and safety, and then
only with a permit from the Construction Code Official, which permit
may be granted for a period not to exceed three days or less while
the emergency continues, and which permit may be renewed for periods
of three days or less while the emergency continues.
d.
Between the hours of 9:00 a.m. and 6:00 p.m. on Saturday, except
when Saturday is a legal holiday, building contractors are permitted
to perform interior work on a fully-enclosed building, provided that
such interior work shall not require the use of any construction equipment
outside of the building or in an open garage, and further provided
that the work being performed shall not be audible from outside of
the property lines of the lot on which the fully-enclosed building
is located.
e.
Notwithstanding the prohibitions contained in subsection 4-3.12c, building contractors shall be permitted to perform indoor and outdoor contracting work on Saturdays between the hours of 10:00 a.m. and 4:00 p.m. from the first Saturday following the Labor Day holiday and continuing through the third Saturday in May, except that no such work shall be performed on a Saturday that falls on a legal holiday.
f.
Owners or occupants of property who perform the work of a building contractor on their own building or structure may perform such work on weekends, the restrictions contained in paragraph c hereinabove notwithstanding. Such work shall be prohibited other than during the hours of 9:00 a.m. to 6:00 p.m. Owners or occupants of property who are employed by a building contractor or who own any interest in any building contractor are prohibited from using employees of the building contractor to perform work on weekends pursuant to this paragraph. Construction activity carried on pursuant to this paragraph shall not exceed the limits set forth in the Borough of Tenafly Noise Control Ordinance, codified as Section 3-2, Noise Control.
g.
No contractor or their agents, servant or employees shall place,
pick up, or service any portable toilet unit except during the hours
of 9:00 a.m. to 5:00 p.m. on weekdays that do not fall on a legal
holiday.
[Ord. No. 89-15 § 10; Ord. No. 06-18 § 1]
[Ord. No. 778 § 1; Ord. No. 09-27 § 1]
No person shall canvass, solicit or call house-to-house within
the Borough limits for any commercial purpose without first having
reported to and received a written permit and identification card
from the Chief of Police or having fully complied with all of the
terms, conditions and provisions of this section.
[Ord. No. 778 § 2; Ord. No. 05-19 § 1; Ord. No. 2018-14]
The Chief of Police of the Borough, or in his/her absence the
officer in charge at Police Headquarters, shall have power to issue
a general Canvassing Permit and an identification card to all applicants
who comply with all of the terms, conditions and provisions of this
section. The Chief of Police shall have a period of five days in which
to investigate any applicant before the issuance of permit to the
applicant.
[Ord. No. 778 § 3;
Ord. No. 04-30]
The permit shall specify the period of time that the permit
will be in effect, and contain the applicant's full name, address,
age, height, weight, place of birth, whether married or single, length
and place of residence, whether or not previously arrested or convicted
of any crime, the name and address of the employer, a description
of the project for which the canvasser is working, and a recent photograph
of the permittee.
[Ord. No. 778 § 3;
Ord. No. 04-30]
A permit shall not be issued in any case where the investigation
of the issuing authority shows that the applicant is not of good character,
or that the applicant is canvassing or engaged in a project not entirely
free from fraud or misrepresentation.
[Ord. No. 778 § 3; Ord. No. 984 § 1; Ord. No. 1004 § 1; Ord.
No. 1157 § 8; New; Ord.
No. 05-19 § 2; Ord. No.
2018-14]
Before a permit shall be issued to any applicant, there shall
be paid a fee of $50 for each permit issued. All permits shall expire,
unless otherwise particularly specified, one year from the date of
issue.
[Ord. No. 778 § 3;
Ord. No. 04-30]
The permit may be revoked at any time by the issuing authority
for failure or refusal on the part of the permittee to comply with
the terms, conditions and provisions of this section.
[Ord. No. 778 § 3;
Ord. No. 04-30]
The identification card shall bear a number corresponding with
the number on the written permit simultaneously issued and shall bear
the words "Tenafly Canvassing Permit."
[Ord. No. 778 § 4; Ord. No. 05-19 § 3]
The identification card, when issued, shall be displayed by
the permittee on his outermost clothing so it is clearly visible while
engaged in canvassing, soliciting, distributing or calling from house
to house within the Borough limits.
[Ord. No. 778 § 5; Ord. No. 14-05; Ord. No.
2018-14]
Permittees shall have the right to canvass within the Borough
during the hours from 9:00 a.m. to 9:00 p.m. and shall be courteous
and conduct themselves in a lawful manner at all times.
[Ord. No. 778 § 6; Ord. No. 09-27 § 2]
The terms of this section shall not be held to include the acts
of persons selling personal property at wholesale to retailers in
such articles; nor to merchants or their employees engaged in the
act of delivering newspapers, advertising circulars and/or goods in
the regular course of the business or the collection of payments therefor;
nor to any public utility which is subject to regulation by the Board
of Public Utility Commissioners of New Jersey and its duly authorized
representatives or agents, when carrying an identification card, badge
or insignia issued by such public utility; nor to any political, religious
or charitable organization.
[Ord. No. 778 § 7]
Issuance of licenses to honorably discharged soldiers, sailors,
marines and exempt firemen shall be in strict compliance with N.J.S.A.
45:24-9.1.
[Ord. No. 1137 § 1;
Ord. No. 04-30]
The purpose of this section is to regulate the licensing and
use of coin-operated amusement devices to preserve and protect the
public good, welfare and morals.
[Ord. No. 1137 § 14]
All licenses under this section shall be issued subject to State
law, this section and other applicable ordinances and Police regulations
of the Borough.
[Ord. No. 1137 § 15]
As used in this section:
Shall mean:
Any machine, device or instrument the principal purpose of which
is to play music upon the insertion of a coin, slug or other consideration.
Any machine, device or contrivance which is permitted to function
or operate by the insertion of a coin, slug, token, plate, disc or
other consideration, and which is operated for amusement.
Any machine, device or contrivance which upon the insertion
of a coin, slug or other consideration may be operated for use as
a game or contest of any description, and which may or may not contain
any form of payoff device for the return of slugs, money, coin, checks,
tokens, merchandise or other form of prize or merchandise. It shall
include pinball machines, electronic amusement devices and other coin-operated
devices in which marbles, balls or pellets are projected or propelled
by spring or plunger or any other means whereby such marbles, balls
or pellets fall into slots, tracks, grooves or any other position,
or whereby such marbles, balls or pellets strike pins or objects.
Any machine, device or contrivance which upon the insertion
of a coin, slug or other consideration displays any form of film,
picture or moving picture films.
[Ord. No. 1137 § 3;
Ord. No. 04-30]
No person shall place or maintain or permit to be placed, operated,
used or maintained in any public or quasi-public place or in any building,
store or other place wherein the public is invited or may enter, any
coin-operated amusement device without first having obtained a license
for each such device from the Borough Clerk.
[Ord. No. 1137 § 2]
Applications for licenses shall be made in writing on forms
to be supplied by the Borough Clerk. In order to enable the Chief
of Police to determine the suitability of the premises and their location,
and the fitness of the applicant to maintain or use the licenses applied
for, the form shall contain the following information:
a.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise;
b.
The name, style and designation of the business maintaining the devices;
c.
The address of and all telephone numbers at the location where the
device or devices will be utilized;
d.
The name and residence address of the manager and/or other person
principally in charge of the operation of the business premises;
e.
The following personal information concerning the applicant if an
individual, and concerning each stockholder holding 10% or more of
the stock of the corporation; each officer and each director if the
applicant is a corporation; and concerning the partners, including
limited partners, if the applicant is a partnership; and concerning
the manager or other person principally in charge of the business
premises:
1.
Name, complete residence address and residence telephone numbers.
2.
The two previous addresses immediately prior to the present address
of the applicant or officer submitting the application.
3.
Written proof of age.
4.
Height, weight, color of hair and eyes, and sex.
5.
Two front-face portrait photographs taken within 30 days of the date
of the application and at least two inches by two inches in size.
6.
Whether or not applicant had been previously licensed by any public
or governmental authority to maintain coin-operated amusement devices
for use by the public or has previously applied for such license,
and whether or not such a license has been denied, revoked or suspended
and the reason therefor.
7.
All criminal convictions, fully disclosing the offense for which
convicted and the circumstances thereof.
8.
A complete set of fingerprints taken and to be retained on file by
the Police Chief or his/her authorized representative.
9.
Such other information as may be required by the Police Chief to
discover the truth of the matters in the application.
10.
Authorization for the Borough, its agents or employees, to seek information
and conduct an investigation into the truth of the statements set
forth in the application.
11.
The names and addresses of three adult residents of the County of
Bergen who will serve as character references.
12.
Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, the declaration being duly made before an individual authorized
to administer oaths within the State of New Jersey, which individual
shall affix his sign or seal thereto.
13.
Number of licenses desired.
14.
Category of device, as specified below.
15.
Address where device is to be located.
16.
Description of device or devices, including name of manufacturer
and serial number.
[Ord. No. 1137 § 4; Ord. No. 1157 § 3]
A fee of $200 per device shall be submitted to the Borough Clerk
with each application for a license or licenses for the operation
of a coin-operated amusement device in the Borough. The fee is non-refundable.
The license, if issued, shall expire on December 31 of the year in
which issued.
[Ord. No. 1137 § 1]
All fees specified in and required by this section are imposed
to defray the cost of relation and for revenue where such is permitted
by State law.
[Ord. No. 1137 § 6]
Upon receiving the application and fee, the Borough Clerk shall
immediately transmit the application to the Police Chief. The Police
Chief shall immediately conduct an investigation into the applicant's
moral character, personal and criminal history. He/She may, in his/her
discretion, require a personal interview of the applicant and such
further information as shall bear on the investigation.
[Ord. No. 1137 § 5]
No license shall be issued unless the application and license
fee requirements have been met and an investigation into the fitness
of the applicant conducted.
[Ord. No. 1137 § 7]
The Borough Clerk shall issue a license within 45 days of receipt
of the application and application fees unless the Police Chief shall
have found that:
a.
The maintenance or use of such device or devices would not comply
with all applicable laws, including but not limited to, building,
zoning and health regulations.
b.
The applicant, if an individual; or any of the stockholders holding
10% or more of the stock of the corporation, any of the officers or
directors, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; and
the manager or other person principally in charge of the operation
of the business have been convicted of any crime involving dishonesty,
fraud, deceit or moral turpitude, unless such conviction occurred
at least five years prior to the date of the application.
c.
The applicant has made any false, misleading, or fraudulent statement
of fact in the permit application or in any document required by the
Borough in conjunction therewith.
d.
The applicant has had a similar license denied, revoked or suspended
within five years prior to the date of the application.
e.
The applicant, if an individual; or any of the officers or directors,
if the applicant is a corporation; or any of the partners, including
limited partners, if the applicant is a partnership; or the manager
or other person principally in charge of the premises on which the
devices are located is not over the age of 18 years.
[Ord. No. 1137 § 8]
Every license issued hereunder shall be numbered and shall disclose
on its face the name and Post Office address of the licensee to whom
it is issued and the address wherein the device shall be located.
[Ord. No. 1137 § 9]
A separate license shall be obtained for each coin-operated
amusement device and shall be affixed thereto by the licensee.
[Ord. No. 1137 § 10]
No coin-operated amusement device shall be placed, operated,
maintained or used, or permitted to be placed, operated, maintained
or used in the Borough until the license required hereunder shall
be affixed thereto in a conspicuous place so that the device may be
easily identified. Any such coin-operated amusement device which shall
not have a license as required herein affixed thereto shall be deemed
to be an unlicensed device. The Chief of Police may take possession
and retain custody of any device which is or appears to be unlicensed.
[Ord. No. 1137 § 11]
A license for a coin-operated amusement device shall not be
transferred.
[Ord. No. 1137 § 12]
Each licensee hereunder shall be bound by the terms, conditions
and statements set forth in the license application, and the issuance
of any license hereunder shall be on that basis.
[Ord. No. 1137 § 13]
a.
All licenses issued under this section shall be deemed to be granted
upon the express condition that, in addition to any other sanction
or penalty, the issuing, licensing, or approval authority may:
1.
After due notice by personal service or registered or certified mail;
and after due hearing, suspend or revoke the license of any person
for violating any provision of this section or for other good cause;
or
2.
Suspend temporarily pending a hearing or notice thereof any such
license when such is deemed by the issuing licensing authority to
be immediately necessary to prevent emergent danger to the public
welfare, good or morals. Any such temporary suspension without notice
shall be for a period not longer than 10 days.
b.
The provisions of paragraph a shall be deemed supplementary to and
not in lieu of any provision in any other article of this section
for revocation or suspension of licenses.
[Ord. No. 1137 § 16]
No licensed device shall be operated as a game of chance or
gambling device.
[Ord. No. 1137 § 17; Ord. No. 1137 § 1; Ord. No. 1230 § 1]
a.
No more than one license shall be issued for any one premises except
as permitted by paragraphs b or c of this subsection.
b.
Licenses for amusement devices shall be issued for game rooms as
hereinabove provided up to a maximum of five licenses for one game
room. All licenses in excess of five for any one game must, in addition
to meeting all requirements noted above, be approved by resolution
of the Mayor and Borough Council.
c.
Licenses for amusement devices shall be issued as hereinabove provided
up to a maximum of three licenses for any one premises owned and operated
on a non-profit basis for community recreational purposes, or owned
and operated by a non-profit corporation for use by members only on
a non-profit basis.
[Ord. No. 1137 § 18]
The following requirements must be fulfilled for a location
to qualify as a game room:
a.
The room must be located in a hotel duly licensed by the Borough
of Tenafly.
b.
The room must not be located on the same floor as a room in which
alcoholic beverages are sold or served.
c.
The use of the amusement devices located in the game room must be
limited to registered guests of the hotel or bona fide invitees of
registered guests.
[Ord. No. 1137 § 19;
Ord. No. 04-30]
A licensee, or anyone having violated the terms of this section
shall:
[Ord. No. 1203 § 1;
Ord. No. 04-30]
No person shall engage in or operate a coin shop, jewelry shop
or other business in which secondhand gold, secondhand silver, secondhand
platinum and/or secondhand jewelry is bought or sold without having
first obtained an annual license therefor from the Borough Clerk,
which license shall bear a number issued by the Borough Clerk and
shall be prominently displayed within the licensed premises.
[Ord. No. 1203 §§ 1,
5; Ord. No. 04-30]
An application for such license shall be filed with the Borough
Clerk and shall be accompanied by a license fee of $25 for each premises
on which the licensed business is to be conducted.
[Ord. No. 1203 § 1;
Ord. No. 04-30]
Each license shall expire on December 31 of the year in which
it is issued.
[Ord. No. 1203 § 2]
Every dealer in secondhand gold, secondhand silver, secondhand
platinum and/or secondhand jewelry shall keep a complete record of
each article of gold, silver and/or secondhand jewelry except coins
purchased or received by him/her with the price paid therefor, together
with the name, residence, occupation, age and correct description
of the person from whom he/she received the same. These records shall
at all times be open to inspection by any Police Officer of the Borough
and shall be maintained for a period of 30 days after the purchase.
Every dealer shall also keep a record of the name and address
of the person to whom the dealer sold the merchandise and the condition
of the merchandise when sold. This information shall be available
to the Police when needed during an investigation.
[Ord. No. 1203 § 3]
The records required by subsection 4-7.4 shall be maintained by each dealer in a separate bound volume maintained specifically for this purpose and approved by the Chief of Police. Each transaction shall be assigned a number in the sequence in which it occurred and shall promptly be listed in the book according to its number.
[Ord. No. 1203 § 4]
No person operating or employed in a business required to be
licensed hereunder shall purchase any item of gold, silver, or secondhand
jewelry from any person under the age of 18 years without the written
authorization of such person's parents or legal guardian.
No dealer in secondhand gold, secondhand silver, secondhand platinum and/or secondhand jewelry shall sell, melt, change the form as to render unidentifiable or dispose of any article of gold, silver or secondhand jewelry bought or received by him/her within five days after the article is purchased by him/her and recorded pursuant to subsection 4-7.4.
The Police Chief, upon request of the dealer and upon receipt of a statement setting forth all the information required pursuant to subsection 4-7.4 may waive this five day requirement. Such waiver shall be effective only if it is in writing signed by the Chief of Police or other officer of the Tenafly Police Department authorized by the Chief of Police. Such waiver shall be granted or denied within four hours of a request thereof.
[Ord. No. 1203 § 6;
Ord. No. 04-30]
The violation of any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
Each transaction which shall not be recorded or which shall
be improperly recorded shall be a separate and distinct violation
of this section.
[Ord. No. 687 § 1]
As used in this section:
Shall mean a person who goes from place to place or from
house to house by traveling on the public streets by motor vehicle
and carries with him/her, whether with or without other products,
ice cream, ice cream products, water ices or frozen confectionery
products of any kind or character for the purpose of selling or offering
to sell them to customers from a vehicle.
[Amended 12-8-2020 by Ord. No. 20-22]
[Ord. No. 687 § 2]
a.
It shall be unlawful to engage in the business of peddling ice cream,
ice cream products, water ices or frozen confectionery products of
any kind or character from vehicles in the Borough of Tenafly without
first obtaining a license therefor pursuant to the provisions of this
section.
b.
It shall be unlawful for anyone engaged in the business of peddling
ice cream, ice cream products, water ices or frozen confectionery
products from vehicles to misrepresent the character of the quality
of the merchandise offered for sale, or to importune or otherwise
annoy any person or persons for the purpose of effecting a sale.
c.
All ice cream, ice cream products, water ices or such frozen confectionery
products which shall be sold or offered for sale from such vehicle
shall comply with all laws and local ordinances relating to food and
food products.
d.
All ice cream, ice cream products, water ices, or such frozen confectionery
products sold from a motor vehicle shall be sold or offered for sale
only in sealed containers, and the filling of individual containers
with ice cream, ice cream products, water ices or such frozen confectionery
products in or from any such vehicle from the street or highway, or
any other public place is hereby prohibited.
[Amended 12-8-2020 by Ord. No. 20-22]
e.
It shall be unlawful for any person engaged in the business of selling
or offering to sell ice cream, ice cream products, water ices or such
frozen confectionery products to park any motor vehicle within the
lines of any public street, road or other public place for the purpose
of engaging in such business for a period longer than 15 minutes,
and then only while making actual sales. Vehicles must be parked adjacent
to right-hand curbline in order to insure safety of customers. No
such vehicle used for conducting business shall be parked within 500
feet of any school or school property, or within 500 feet of a retail
store selling similar products.
[Amended 12-8-2020 by Ord. No. 20-22]
f.
It shall be unlawful for any person engaged in the business of selling
or offering to sell ice cream products, water ices or such frozen
confectionery products, to deposit or leave any paper wrappings, refuse
or other materials upon any street or sidewalk or public place. Each
such motor vehicle used for conducting business shall be equipped
with a metal waste container, having a self-closing lid, into which
such paper wrappings, refuse or other materials shall be deposited.
[Amended 12-8-2020 by Ord. No. 20-22]
g.
It shall be unlawful for any person or operator of a motor vehicle
engaged in the business of selling or offering to sell ice cream,
ice cream products, water ices or such frozen confectionery products
to sound a bell or other similar device between the hours of 8:00
p.m. and 9:00 a.m.
[Amended 12-8-2020 by Ord. No. 20-22]
[Ord. No. 687 § 3]
Any person desiring to engage in the business mentioned in this
section shall apply to the Borough Clerk in writing on forms supplied
by the Borough for that purpose. The application accompanied by the
license fee hereinafter fixed shall set forth:
a.
Name and address of applicant.
b.
Name and address of the owner of the vehicle as registered with the
Motor Vehicle Department.
c.
Description of the vehicle to be licensed, giving the name of the
manufacturer, serial number, motor number and name of the owner or
operator, with any other insignia appearing thereon.
d.
Date of purchase of vehicle and name and address of person from whom
acquired.
e.
If applicant is not the owner, state what interest applicant has
in ownership or operation of the vehicle.
f.
The interest, if any, in the vehicle sought to be licensed to engage in the business defined in subsection 4-8.1 of any person, firm or corporation, other than the applicant, and the address of such person, firm or corporation.
g.
Names and addresses of person, firm or corporation from whom ice
cream, ice cream products, water ices or such frozen confectionery
products have been or will be purchased.
h.
Three business references.
i.
All permanent home addresses of the applicant within the last three
years.
j.
Name and address of salesman or operator of the vehicle.
k.
Whether or not the applicant has been convicted of a crime or a misdemeanor,
or violation of any municipal ordinance; and the nature of the offense,
if any, for which convicted, and the date and place.
l.
Whether or not the applicant, owner, operator or salesman is the
holder of a license under N.J.S.A. 45:24-9. If so, the license number,
date of issue, name of County where issued and whether it is still
in force and effect.
m.
Where the applicant is a firm or corporation, all paragraphs hereof
except paragraph 1 shall be applicable to each officer of the corporation
and member of a partnership.
|
Any one desiring a license as a salesman upon or from any vehicle
under this section shall apply in writing to the Borough Clerk on
forms supplied by the Borough. The application shall be accompanied
by the prescribed license fee, a permit for the sale or distribution
of milk or cream or products previously secured from the Board of
Health of the Borough, and two photographs (not less than four inches
by six inches in size) of the applicant.
|
|
The requirements concerning the Board of Health permit shall
not be deemed to apply to a corporation or partnership except that
all officers, employees and agents acting as salesmen for any licensed
corporation or firm shall obtain such Board of Health permit.
|
|
If the Mayor and Borough Council, after a hearing upon an application
by a holder of such a license, determines that the applicant is not
a bona fide owner of the vehicle sought to be licensed, such application
may be denied.
|
[Ord. No. 687 § 4]
a.
Investigation; Issuance. Upon receipt of an application for a license,
the Borough Clerk shall forthwith transmit the same to the Chief of
Police, who shall fingerprint the applicant, cause the fingerprints
to be sent to the State Bureau of Identification, and upon completion
of his investigations, shall return the application to the Borough
Clerk with or without approval thereon. The application shall then
be referred to the Mayor and Borough Council, who may grant a license
applied for if all requirements have been followed.
b.
License Not Transferable; Display of License; Annual Renewal. A license for a vehicle shall entitle the person named therein to engage in the business mentioned in subsection 4-8.1 hereof. Such license shall not be transferable. A salesman's license shall entitle the person named thereon to sell or offering to sell such products mentioned in subsection 4-8.1 from a licensed vehicle and shall not be transferable to any other person. Upon the issuance of a license, the Borough Clerk shall furnish the licensee with a plate, badge or other evidence corresponding to the number of the license and the year in which it is issued. The plate, badge or other evidence shall be displayed at all times in a conspicuous part of the licensed vehicle or carried upon the person of the salesman, as the case may be. Such evidence shall be exhibited on demand of any citizen or any member of the Police Department or Board of Health of the Borough. Licenses issued pursuant to the provisions of this section shall be valid only for the year of issuance and shall be effective from the first day of January in each year. Any licensee applying for or obtaining a license after the first of January in any year shall pay the license fee for the full year.
[Ord. No. 687 § 4]
a.
The license fees to be imposed under this section shall be $100 per
annum for each vehicle in which the products are carried or from which
the products are sold. The fee shall entitle the licensee of the vehicle
to one salesman's license without charge.
b.
The license to be imposed upon each additional salesman on any such
vehicle shall be $10 per annum.
c.
Every person holding a validly issued and effective license under
the provisions of N.J.S.A. 45:24-9 shall receive the license applied
for without fee, provided all other provisions of the section are
complied with.
d.
The license fees herein fixed are imposed for the purpose of licensing
and regulating the business hereinabove defined.
[Ord. No. 687 § 5]
In addition to being subject to the penalties provided in subsection 4-8.7 any license issued under this section may be revoked by the Council for any misstatement in the application or for any violation of this section, after notice and hearing; provided, however, that a license may be suspended for a period not exceeding 30 days. Should any license be revoked or suspended, no part of the license fee shall be returned.
[Ord. No. 687 § 6;
Ord. No. 04-30]
Any person violating any of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5.
In addition to the other law enforcement agencies of the Borough,
the Health Officer or his/her authorized agent is hereby empowered
to enforce the provisions of this section and to make complaints and
arrests for the violation of any of the terms and provisions hereof.
[Added 12-8-2020 by Ord. No. 20-22; amended 6-14-2022 by Ord. No. 22-13]
[Amended 6-14-2022 by Ord. No. 22-13]
The Mayor and Council of the Borough of Tenafly, County of Bergen,
do hereby deem it necessary for the full protection of the health,
welfare and safety of the Borough that the licensing of mobile food
and beverage vendors be restricted and regulated in the Borough of
Tenafly.
As used in this chapter, the following terms shall have the
meanings indicated:
A person who goes from place to place by nonmotorized pushcart, automobile, truck, or other motor-powered vehicle, owned and operated, or contracted with an approved, licensed retail food establishment that is in good standing with the health authority in which the establishment is located, that offers or provides nonalcoholic hot and cold beverages, including coffee, tea, hot chocolate, cider, etc., along with prepared breakfast pastries and baked goods to individuals from a temporary, but stationary, location. This definition shall not include vehicles that offer or provide pre-packaged ice cream, ice cream products, or water ice or frozen confectionery products of any kind or character for the purpose of selling or offering to sell them to customers from a vehicle, which shall be subject to the annual licensing requirements of § 4-8.
[Added 6-14-2022 by Ord. No. 22-13]
Any license issued under this chapter to a mobile beverage
vendor.
[Added 6-14-2022 by Ord. No. 22-13]
Shall mean a person who goes from place to place by nonmotorized pushcart, automobile, truck, or other motor-powered vehicle, owned and operated, or contracted with, an approved, licensed retail food establishment that is in good standing with the health authority in which the establishment is located, that offers or provides cooked or prepared food to individuals from a temporary, but stationary, location. This definition shall not include vehicles that offer or provide pre-packaged ice cream, ice cream products, or water ice or frozen confectionery products of any kind or character for the purpose of selling or offering to sell them to customers from a vehicle, which shall be subject to the annual licensing requirements of § 4-8.
Shall mean any license issued under this chapter to a mobile
food vendor.
[Amended 6-14-2022 by Ord. No. 22-13]
No mobile food truck, mobile beverage truck or other vehicle
engaged in the business of offering or providing coffee, tea, cooked
or prepared foods in the Borough shall operate within the Borough
without first having obtained the appropriate license to do so. Such
license shall be processed by the Borough Administrator's Office and
shall require Board of Health, Fire Prevention, Zoning and Police
Department review and approvals. A mobile food vendor license and
a mobile beverage vendor license shall be good as to only one vehicle.
No changes shall be made to an approved vehicle without re-inspection
by the Health Department and Fire Prevention.
[Amended 6-14-2022 by Ord. No. 22-13]
All applications for the issuance or renewal of a mobile beverage
vendor license or a mobile food vendor license shall be made to the
Department of Administration, Borough Administrator's Office for Review
and Processing, on forms to be adopted by the Mayor and Council and
designed to elicit information respecting the vehicle to be so used
and the identification, responsibility and law-abiding habits of the
owner of the vehicle, including, but not limited to, the following:
a.
Name and permanent local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
b.
The name, address and a description of the applicant.
c.
A description of the vehicle to be used, including the license number,
if applicable.
d.
The days of the week and the hours of the day during which the licensed
activity or special event will be conducted.
e.
A description of the nature of the business and the goods, property
or services to be sold or supplied by the mobile food vendor license
applicant or the mobile beverage vendor license applicant.
f.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
g.
Applications by partnerships shall be signed by all partners with
the information required by this subsection supplied in detail as
to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity or special event and shall be signed by each
employee or agent.
[Amended 6-14-2022 by Ord. No. 22-13]
[Amended 6-14-2022 by Ord. No. 22-13]
a.
Investigation; Issuance.
1.
Upon receipt of an application for a license for a mobile beverage
vendor or a mobile food vendor,, the Borough Administrator's Office
shall forthwith transmit the same to:
(a)
The Health Department Officer who shall immediately institute
the investigation necessary for the protection of public health;
(b)
The Zoning Officer who shall confirm compliance with current
zoning regulations;
(c)
The Fire Official to determine compliance with all applicable
statutes, codes and regulations pertaining to fire safety; and
(d)
The Chief of Police, or a police officer designated by the Chief,
who shall fingerprint the applicant, cause the fingerprints to be
sent to the State Bureau of Identification. The completed investigations
shall be returned to the Borough Administrator.
2.
The application shall be referred to the Mayor and Council, after
review by the required departments, who may grant the license applied
for if all requirements have been followed.
b.
License Not Transferable. A mobile food vendor license or a mobile
beverage vendor license shall entitle the person named therein to
operate a mobile food or beverage establishment to sell the products
at the location and from the vehicle identified and described in the
application. Such license shall not be transferable to another individual
or vehicle.
c.
Display of License. Mobile food vendors and mobile beverage vendors
shall affix to the vehicle a copy of the license issued by the Borough,
the certificate of registration issued by the New Jersey Division
of Taxation and shall have displayed prominently on or adjacent to
the doors of the vehicle a placard or lettering with the name and
address of the owner, lessee and/or lessor of the vehicle. Said information
shall be in letters and numbers no less than three inches in height
in accordance with N.J.S.A. 39:4-46.
[Amended 6-14-2022 by Ord. No. 22-13]
The license fees to be imposed under this section shall be $100
per annum. The fee shall entitle the mobile food vendor and/ or the
mobile beverage vendor to participate in community-based events throughout
the calendar year. The license fees herein fixed are imposed for the
purpose of licensing and regulating the business hereinabove defined.
[Amended 6-14-2022 by Ord. No. 22-13]
a.
Mobile food vendor.
1.
No mobile
food vendor shall occupy the public street and/or sidewalk or any
public park/recreation facility without special permission.
2.
Mobile
food vendors shall only occupy private commercial properties with
the expressed permission of the property owner on Monday through Friday
from 7:30 a.m. to 2:30 p.m., excluding public holidays. No more than
one mobile food vendor shall be permitted on any single commercial
property at any given time without special permission. No mobile food
vendor shall occupy any portion of the public street or sidewalk.
3.
Residents
and not-for-profit organizations may request the presence of mobile
food vendors on their property for special occasions/events. Such
request shall be made to the Borough Administrator's Office, by submission
of a general event application.
4.
No mobile
food vendors shall operate or park the licensed vehicle shall operate
or be parked in any area where parking of motor vehicles is prohibited,
restricted or regulated.
5.
Property
owners, residents and/or organizations giving permission to or requesting
the presence of mobile food vendors shall assure that the vehicle
is parked legally and not obstructing the flow of vehicle or pedestrian
traffic.
6.
Nothing
in this chapter shall limit the Borough or any of its entities from
the hiring of mobile food vendors for special events in any quantity
as they deem fit. The Borough may, in its discretion, utilize public
property, public recreation facilities, streets and/or sidewalks for
such events.
b.
Mobile beverage vendor.
1.
No mobile
beverage vendor shall occupy the public street and/ or sidewalk or
within the B-1 Business Zone or B-2 Business Zone without special
permission.
2.
No mobile
beverage vendor shall occupy any portion of the public street or sidewalk,
and shall only operate during the hours of 7:30 a.m. to 2:30 p.m.
3.
Residents
and not-for-profit organizations may request the presence of mobile
beverage vendors on their property for special occasions/events. Such
request shall be made to the Borough Administrator's Office, by submission
of a general event application.
4.
No mobile
beverage vendors shall operate or park the licensed vehicle shall
operate or be parked in any area where parking of motor vehicles is
prohibited, restricted or regulated.
5.
Property
owners, residents and/or organizations giving permission to or requesting
the presence of mobile beverage vendors shall assure that the vehicle
is parked legally and not obstructing the flow of vehicle or pedestrian
traffic.
6.
Nothing
in this chapter shall limit the Borough or any of its entities from
the hiring of mobile beverage vendors for special events in any quantity
as they deem fit. The Borough may, in its discretion, utilize public
property, public recreation facilities, streets and/or sidewalks for
such events.
In addition to being subject to the penalties provided in Subsection 4-9.10 any license issued under this section may be revoked by the Council for any misstatement in the application or for any violation of this section, after notice and hearing; provided, however, that a license may be suspended for a period not exceeding 30 days. Should any license be revoked or suspended, no part of the license fee shall be returned.
Any such license renewal thereof or transfer thereof may only
be authorized by action of the Mayor and Council in compliance with
the provisions of this chapter as to any such issuance, renewal or
transfer.
[Ord. No. 301 §§ 1,
2]
No autobus, commonly called a "jitney," shall be operated in
the public streets or places of the Borough unless the provisions
of this section are complied with and the owner or his/her or its
lessee (who shall for the purpose of this ordinance be construed "the
owner") operating such autobus or busses shall have procured a license
from the Borough.
[Ord. No. 301 § 3]
Any person, firm or corporation desiring to operate an autobus
or autobuses in, over and through the public streets or places of
the Borough shall make an application in writing to the Mayor and
Borough Council, which application shall state the name of the owner,
or person, firm or corporation intending to operate such autobus or
busses; the residence and business address of such applicant; the
number of busses which the applicant intends to operate within the
Borough; and the seating capacity of each bus; the streets, avenue
and public places upon which the bus will be operated; an agreement
to comply with the requirements contained in this section, or any
supplement or amendment thereof. Each application shall be accompanied
by a license fee of $35 per year for each autobus.
[Ord. No. 301 § 3]
The Mayor and Borough Council shall, at a subsequent meeting
after the presentation of the application consider and pass upon the
application. If, in the judgment of the Mayor and Borough Council
it is proper for the good government, order and protection of persons
and property, and for the preservation of the public health and safety
of the Borough and its inhabitants, they may refuse such application,
or may grant the same with or without modifications as to the number
of busses to be operated within the Borough, and the route or routes
to be traveled. Upon the granting of such application, either with
or without modifications, a license shall be issued to the applicant,
signed by the Borough Clerk, which license shall set forth the date
of application, the date of the granting of the license by the Mayor
and Borough Council, and the seating capacity of the bus. Every license
granted shall expire on December 31 annually. A license may be renewed
to the same licensee without further application upon the payment
of the annual license fee. In case of an application granted after
July 1 in any year, the license fee to be paid for the remainder of
such year shall be 1/2 of the yearly rates. Any license granted may
be revoked after a hearing, upon notice, for a violation of any of
the laws of the State, or any of the terms or provisions of this section.
[Ord. No. 301 § 4]
No license shall become effective or remain in force, and no
operation of any autobus under any such license shall be permitted
until the owner of the autobus shall have filed with the Borough Clerk
an insurance policy written by a company duly authorized and licensed
to transact business under the insurance laws of the State of New
Jersey.
[Ord. No. 301 § 5]
No license shall be issued until there shall have been filed
with the Borough Clerk by the owner of the autobus, a power of attorney
wherein and whereby such owner shall constitute and appoint the Borough
Clerk as a true and lawful attorney of the owner for the purpose of
receiving service of any process out of any Court of competent jurisdiction
against such owner with the same force and effect as though service
had been made upon the owner personally, if an individual, or upon
an officer, director or registered agent thereof, if a corporation.
Such power of attorney shall remain in force and effect so long as
such owner shall operate as owner of any autobus within the Borough.
The power of attorney need not be filed as a condition precedent to
the renewal of a license previously issued to the same owner.
[Ord. No. 301 § 6]
Every person operating any autobus or autobuses within the Borough
shall operate the same over a route or routes set forth in their application,
and over no other route or routes, except pursuant to permission of
the Mayor and Borough Council, evidenced by a resolution duly adopted
by the Mayor and Borough Council; provided, however, in case any portion
of any such route shall be temporarily obstructed or closed to traffic,
then in such case the autobus or busses may be operated upon such
other street or streets or public places as directed by the Chief
of Police as to make a detour to the nearest open portion of such
route.
[Ord. No. 301 § 7]
Every person operating an autobus or autobuses within the Borough
shall, with the application, file with the Borough Clerk a schedule
showing the regular stopping places for taking on or letting off passengers
within the Borough; a schedule showing the time when such bus or busses
will arrive at such stopping points; a statement of the entire route,
both within and out of the Borough, to be travelled by such autobus
or busses; and a schedule showing the time when the bus or busses
will leave their respective termini of each route. The schedule will
be subject to change due to unforeseen causes and reasonable delays,
but in no case shall any autobus leave any fixed stopping place before
the time shown by the schedule. A copy of the Time Schedule shall
be posted in a conspicuous place on each autobus. The Time Schedule
may be changed upon 10 days' notice in writing, which notice shall
be filed with the Borough Clerk at least 10 days before such proposed
change will take effect, and shall also, within the same time, be
published in a newspaper circulating in the Borough.
[Ord. No. 301 § 8]
There shall also be filed, with the application, a schedule
of fares proposed to be charged between the various points upon the
routes of such bus lines, which fares shall not be increased so long
as the permits shall be in force without the consent of the Mayor
and Borough Council by the passage of a resolution to that effect.
There shall be posted, in a conspicuous place in each autobus, a statement
of the rates of fare between the various points upon the routes of
each bus.
[Ord. No. 301 § 9]
All permits for busses to be run upon express schedule shall
be limited to one or more stops within the Borough, as the Mayor and
Borough Council may, by resolution, determine. In the event that one
owner or different companies or firms shall control two or more bus
lines operating in the Borough, one of which shall be an express line
and one of which shall be a local line, transfers shall be given from
the local bus to the express bus to any passenger boarding a local
bus within the Borough of Tenafly, and the transfer shall be equal
in value to the amount of the local fare paid in diminution of the
fares to be paid upon the express bus.
[Ord. No. 301 §§ 9,
10]
a.
No auto bus shall stop within 20 feet of any corner in the Borough
for the purpose of taking on or letting off passengers. All stops
for taking on or letting off passengers at corners shall be on the
near side of the intersecting streets.
b.
Every autobus operated within the Borough shall be equipped with
pneumatic tires, and shall have one or more lights on the inside of
the bus which shall be kept lighted at all times from one hour after
sunset until daylight. Every bus shall have a door at the rear which
can be opened from the inside in case of emergency.
c.
Every autobus operated within the Borough shall carry on the inside
which shall be enclosed, in a rack or other place where it can be
readily procured by the passengers, an axe, for use in case of emergency.
d.
No driver of an autobus shall talk to or carry on a conversation
with the passengers or any other person, except to answer necessary
questions.
e.
Every autobus shall be operated carefully within the speed limits
provided for by law and shall be equipped with chains or other devices
approved by the Police Department to prevent skidding when necessary
because of ice, snow or slippery conditions of the streets.
f.
No autobus shall be operated within the Borough which shall carry
more passengers than the number stated in the application for the
license for such autobus, nor shall any passenger be permitted to
stand on the steps of any autobus when the autobus is in motion.
[Ord. No. 687 § 15;
Ord. No. 04-30]
Any person operating a motor bus in the Borough without a license granted in accordance with the provisions of this section; or having a license, shall fail to operate such motor bus in accordance with the provisions of this section, or shall fail to equip, maintain and operate any motor bus in violation of any provision thereof, may, on conviction, forfeit any and all licenses issued hereunder, and in addition thereto shall be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 937 § 8]
No person shall participate in, organize, form or start any
parade unless a permit shall have been obtained from the Chief of
Police, as hereinafter provided.
[Ord. No. 937 § 8]
As used in this section:
Shall mean the Chief or his delegated representatives.
Shall mean any march, ceremony, demonstration or procession
of any kind, either by pedestrians, vehicles, or combinations thereof
upon any street, park or other public place; provided, however, that
the provisions of this section shall not apply to funeral processions,
activities sponsored and supervised by the Board of Education or by
other governmental agencies, or wedding processions.
[Ord. No. 937 § 8]
Persons seeking a parade permit shall file an application with
the Chief of Police no later than 30 days before the scheduled event,
which application shall at least describe:
a.
The person or organization sponsoring the parade and its purpose.
b.
The date of the parade.
c.
The proposed starting point, path of travel, termination point, approximate
number of participants and total duration.
d.
The location of assembly or staging areas and the width of right
of way needed for travel and reviewing stands, if applicable.
e.
Any additional information which the Chief of Police shall find reasonably
necessary for a fair determination as to whether a permit shall be
issued.
[Ord. No. 937 § 8]
The Board of Police Commissioners may waive the thirty-day period prescribed in subsection 4-11.3 for good cause shown.
[Ord. No. 937 § 8; Ord. No. 1157 § 8]
At the time of filing the application, a fee of $5 shall be
paid and a performance bond or cash bond in an amount no less than
$100 to insure the clean up of the area of march or assembly and the
removal of reviewing stands, where applicable. If, in the opinion
of the Chief of Police, the fee should be waived or a greater amount
of bond be required, such determination shall be made by the Mayor
and Borough Council.
[Ord. No. 937 § 8]
The Chief of Police shall either approve or reject the application
within 10 days of its receipt, giving written notice to the applicant
with the reasons therefore and containing any conditions, if any,
to the approval. If the Chief of Police fails to act within that time,
the application shall be considered granted. If the Chief of Police
denies the request, the applicant may appeal within 10 days to the
Mayor and Borough Council, which body shall take action thereon at
its next regular meeting. In denying an application, the Chief of
Police may authorize an alternate date or route. In granting an application,
the Chief of Police shall notify the Mayor and Borough Council, the
Fire Chief and the Superintendent of the Department of Public Works.
[Ord. No. 937 § 8]
The Chief of Police shall issue a permit upon a determination
that:
a.
The conduct of the parade will neither substantially interrupt the
safe and orderly movement of vehicular traffic nor impede public travel
on the sidewalks contiguous to its route.
b.
The conduct of the parade will not substantially interfere with the
business of any person along the parade route.
c.
There will not be undue congestion of persons on the sidewalks and
adjacent property contiguous to the parade route.
d.
The conduct of the parade will not require the diversion of so great
a number of Police Officers of the Borough to properly police the
line of movement and the areas contiguous thereto as to prevent normal
Police protection to the Borough.
e.
The conduct of the parade will not require the diversion of so great
a number of ambulances as to prevent normal ambulance service to portions
of the Borough other than that to be occupied by the proposed line
of march and areas contiguous thereto.
f.
The concentration of persons, animals and vehicles at assembly points
of the parade will not unduly interfere with proper Fire and Police
protection of, or ambulance service to, areas contiguous to such assembly
areas.
g.
The conduct of such parade will not interfere with the movement of
fire-fighting equipment en route to a fire.
h.
The conduct of the parade is not reasonably likely to cause injury
to person or property, to create a nuisance, to provoke immoral activity,
to provoke disorderly conduct or to create a disturbance or otherwise
interfere with the health, safety, morals or welfare of the community.
i.
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route.
j.
The parade is not to be held for the sole purpose of advertising
any product, goods or event, and is not designed to be held purely
for private profit.
[Ord. No. 937 § 9;
Ord. No. 04-30]
No person shall unreasonably obstruct, impede or interfere with
any parade or assembly thereunder or with any persons or vehicles
participating in such event. No person shall drive a vehicle so as
to interrupt a parade unless the police or other appropriate authority
has stopped the route of march so as to permit pedestrian or vehicular
traffic.
[Ord. No. 937 § 9;
Ord. No. 04-30]
No person shall park along a parade route or at the place of
assembly if temporary restrictions against such parking have been
posted by the Chief of Police, who is hereby empowered to make and
enforce such regulations.
[Ord. No. 133 § 1]
Any person desiring to operate and open any public place of
amusement, dance hall, moving picture show, traveling or other show,
street exhibition, bowling alleys, billiard or pool parlors, within
the Borough, shall be required to take out a license therefor before
operating or opening any such show or place of amusement, provided
however, that nothing in this section shall apply to shows, entertainments
or exhibitions for charity or instruction.
[Ord. No. 133 § 2]
No person shall conduct or maintain a restaurant or place supplying
meals or eatables to be eaten or consumed on the premises without
first having taken out a license for same.
[Ord. No. 133 § 3; Ord. No. 850 § 1]
All licenses mentioned above shall be issued by the Borough
Council upon application for same, signed by the applicant and stating
the place where such public amusement is to be conducted or given.
If such application is for permission to conduct and maintain a restaurant,
the application shall state the street and number where such restaurant
is to be conducted. If such application is for permission to operate
a billiard or pool parlor, the application shall state the street
and number where such use is to be conducted and the number and type
of billiard tables or pool tables to be installed, which number shall
be stated on the license if and when issued and shall limit the licensee
to the operation and use of the number of such tables stated in the
license for the license period. During the license year, the applicant
may apply to the Borough Council for permission to add additional
tables, and upon payment of the additional prorated fee such permission
may be granted, provided, however, that a reduction in the amount
of tables in operation during a license year shall not be grounds
for any rebate of license fees already paid for that year.
[Ord. No. 133 § 4; Ord. No. 850 § 2; Ord. No. 1157 § 3]
a.
Established. The fee for any license issued in accordance with the other provisions of this section shall be $25 per year for each and every type of use as described in subsection 4-15.1 payable to the Borough Clerk.
b.
Expiration of License. All licenses shall expire on the first day
of April in each year. Any license so granted shall be revocable at
any time by a majority vote of the Borough Council upon complaint
being made and a hearing had thereon, but nothing herein shall be
so construed as to require any hotel which has procured a license
to maintain an inn and tavern to obtain a license for conducting a
restaurant under this section.
c.
Operation of Billiard or Pool Parlor. Any licensee who shall operate
a billiard or pool parlor shall pay, in addition to the annual license
fee of $25, a further license fee to the Borough Clerk in the amount
of $300 for each pool or billiard table in excess of the first table
for which the annual license is required.
d.
Shows. The license for a show shall be $5 for a temporary license.
[Ord. No. 133 § 5]
The Borough Clerk shall record all licenses issued by the Borough
Council under this section in a book to be kept by him/her for such
purpose.
[Ord. No. 04-11 § 1]
This section shall be known as the Landscaper Registration Regulations
of the Borough of Tenafly.
[Ord. No. 04-11 § 1A]
The Borough Council finds that the licensing and regulation
of landscapers and landscape services operating within the Borough
assists in the enhancement of the Borough's physical and aesthetic
appearance, promotes the public interest by protecting the local environment,
and generally protects the public health and safety as well as the
general welfare. The purpose of this section is to establish a procedure
and authorize rules and regulations thereunder for the licensing and
regulation of landscapers and landscape services within the Borough.
[Ord. No. 04-11 § 1B]
As used this section:
Shall mean the fee charged by and payable to the Borough
Clerk of the Borough of Tenafly to obtain a license for the purposes
stated.
Shall mean a license issued by the Borough Clerk for the
purposes stated.
See Landscaper.
Shall mean anyone who employs the services of a landscaper
to perform the services of maintaining, cutting, cleaning or raking
commercial or residential property within the Borough of Tenafly.
Shall mean any organic substance including grass, grass clippings,
leaves, branches, twigs, mulch, soil or other natural parts of foliage
including stumps or trees, products of the earth, including any residue
from any of the foregoing, and shall mean any inorganic substance,
including glass, paper, plastic or Styrofoam containers and other
items of litter.
Shall mean any person or entity whose business undertakes
any or all of the following services for financial consideration:
tree service personnel, including the placing, planting, arranging,
trimming, cutting and removal of trees; lawn and garden maintenance,
including the mowing of grass or lawns, the placing, trimming, installation,
care or cultivation of bushes, shrubs, gardens, lawns, foliage or
other plant life on property located within the Borough for the purpose
of improving the same.
Shall mean a landscaper who has been issued a license to
operate within Tenafly pursuant to the provisions of this section.
Shall mean New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day.
See Landscaper.
Shall mean any vehicle, including any trailer, required to
be registered with the New Jersey Department of Motor Vehicles for
use on local roads and highways and used by a landscaper in the performance
of his work in the Borough.
[Ord. No. 04-11 § 1C]
a.
No person shall engage in or carry on the business of a landscaper
or furnish or provide landscaping, lawn maintenance or similar services
within the Borough without first having obtained an annual license
as required pursuant to the provisions of this section.
b.
Proof of being licensed pursuant to this section shall be demonstrated
by the display of a decal, which will be issued to each licensee.
The decal shall be displayed by the licensee on each vehicle the licensee
owns or operates within the Borough in connection with the licensee's
landscaping business. A decal shall be affixed to each vehicle or
trailer, and visibly displayed as specified on the application form.
c.
The sole exception to the above licensing requirement will apply
only to a person who does not utilize a motor vehicle to transport
equipment used in furnishing such services.
[Ord. No. 04-11 § 1D]
The initial registration fee for the license required pursuant to subsection 4-19.4 above shall be $100. Upon the expiration of the license and decals initially issued by the Borough Clerk, the license may be renewed by the Borough Clerk upon the filing of a renewal application and payment of a renewal fee of $50. See subsection 4-19.7 for renewal procedures. Up to 10 decals may be provided with license, per proof of vehicle registration. Additional decals are $10 each upon proof of additional vehicle registration.
[Ord. No. 04-11 § 1E]
All licenses shall be issued for a term of one year from April
1 to March 31. Any fractional year will be considered a full year
for the purposes of this section. Licenses are not transferable.
[Ord. No. 04-11 § 1F]
A current licensee may renew its annual license via mail upon
submission of the completed Borough renewal application form, together
with all supporting documents, updated information, and license fees.
Mailed requests for renewal of license must be received by the Borough
Clerk no later than March 1 for the April 1 license renewal term.
[Ord. No. 04-11 § 1H]
a.
All applications for annual license shall be submitted in writing
on forms furnished by the Borough, signed by the applicant or the
authorized agent of the applicant, and presented to the Borough Clerk
together with the license fee and required supporting documents. The
application shall set forth:
1.
The name, address and telephone number of the applicant;
2.
The name under which the business is being operated;
3.
The year, make, model, and license plate number of each motor vehicle
or trailer to be used by the applicant within the Borough;
4.
The name, address, and policy number of the applicant's automobile
liability insurance carrier;
5.
The name, address, and policy number of the applicant's comprehensive
general liability insurance carrier;
6.
The name, address, and policy number of the applicant's workers'
compensation insurance carrier (if applicable);
7.
Any other such pertinent information as may be necessary and prescribed
by the Borough Clerk.
b.
All applications for licenses received by the Borough Clerk shall
be reviewed for completeness and after appropriate review and investigation,
shall be forwarded to the Director of Public Works, either to be granted
or denied. Thereafter, if the application is approved, the Borough
Clerk shall issue the license and provide the applicant with copies
of: the approved application, this section, and the Tree Removal Ordinance
No. 98-08, as amended.
[Ord. No. 04-11 § 1H]
Every licensee operating within the Borough shall be required
to comply with the following:
a.
The name of the landscaping company, address and telephone number
shall be clearly displayed and visible on both sides of any vehicle
used in the operation while operating in the Borough.
b.
A decal issued by the Borough shall be affixed to each vehicle used
in the operation.
c.
All vehicles used in said operation shall be required to utilize
a cover on the vehicles to prevent any clippings, leaves, twigs or
other debris from blowing or falling out of the vehicle when traveling
the streets of the Borough.
d.
The use of backpack blowers, handheld leaf blowers and walk-behind
leaf blowers shall be permitted subject to compliance with the following
conditions:
1.
All sidewalk clippings shall be dispersed back onto the customer's
property if not removed by the licensee.
2.
All street gutters shall be kept free of any debris.
3.
Storm drains shall be covered while working in the immediate vicinity.
No person shall allow the piling of leaves so as to block accessibility
to stormwater drains. Leaves shall be piled at least one foot from
the curbline so as to allow storm water to channel freely along the
curbline and flow, unimpeded, into the storm drain. In compliance
with New Jersey State Stormwater Management regulations, non-containerized
yard waste cannot be placed any closer than 10 feet from a storm drain
inlet.
e.
The removal of debris resulting from landscaping services shall be the responsibility of the licensee, and no such debris as defined in subsection 4-19.3 shall be placed at the curbside for collection, swept or deposited into any public street, or left on a given property or neighbor's property such that same may be caused to be blown into a public street. The singular exception is the placement of only leaves (no sticks or branches) in the right-of-way between October 15 and December 1. All debris shall be disposed of by the licensee in accordance with New Jersey Department of Environmental regulations and all other applicable local ordinances and regulations.
f.
Parking of vehicles and trailers shall be restricted to one side
of the street only.
[Ord. No. 04-11 § 1I]
a.
Licensees shall be permitted to furnish gardening, landscaping, lawn
maintenance, tree or shrubbery care or similar services within the
Borough only during the following hours:
b.
Licensees shall not be permitted to furnish gardening, landscaping,
lawn maintenance, tree or shrubbery care or similar services within
the Borough on Sundays or specified holidays.
[Ord. No. 04-11 § 1J]
Each annual license shall be subject to revocation or suspension
by the Mayor and Borough Council for failure of any licensee to comply
with the provisions of this section, or for violation of any other
applicable Federal, State, County or municipal laws, regulations or
ordinances.
[Ord. No. 04-11 § 1K]
The Borough Clerk is authorized to administer the provisions
of this section. The provisions of this section shall be enforced
by the Director of the Department of Public Works, the Code Enforcement
Officer, or any member of the Police Department of the Borough.
[Ord. No. 04-11 § 1L;
Ord. No. 04-30]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. In the absence of aggravating circumstances justifying imposition of a maximum fine, the presumptive fines shall be as follows:
a.
For a first offense, a fine of $300;
b.
For a second offense, a fine from $301 to $500;
c.
For a third offense, a fine from $501 to $1,000; and
d.
For a fourth or subsequent offense, a $1,250 fine and a recommendation
to Mayor and Council for license revocation. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
[Ord. No. 04-11 § 2]
a.
Automobile Liability Insurance. All licensees shall maintain an uninterrupted
policy of automobile liability insurance with such minimum policy
limits as may be required by New Jersey Statutes and applicable regulations,
but in no event with coverage of less than:
b.
Comprehensive General (Non-Auto) Liability Insurance. All licensees
shall maintain a policy of comprehensive general liability insurance
with minimum policy limits as may be required by New Jersey Statutes
and applicable regulations, but in no event less than:
c.
Workers' Compensation Insurance. All licensees shall, where required
by New Jersey Statutes, obtain and carry workers' compensation insurance.
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ARTICLE I
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Taxicab Licenses
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[Ord. No. 896 § 1; Ord. No. 1269 § 1]
The Mayor and Borough Council shall have the power to determine
by resolution the number of taxicabs reasonably necessary to adequately
serve the convenience of the citizens of the Borough. Only taxicabs
which are duly licensed by the Mayor and Council are authorized to
accept passengers within the Borough limits.
[Ord. No. 896 § 32]
As used in this section:
Shall mean an auto or autobus capable of carrying no more
than seven adult passengers and shall include a vehicle commonly known
as a station wagon which shall be capable of carrying no more than
eight adult passengers.
[Ord. No. 896 § 2]
All applicants for Taxicab Licenses shall be required to comply
with the provisions of N.J.S.A. 48:16-3 to 48:16-6 with the exception
that public liability (bodily injury) coverage shall be not less than
$25,000 per person and not less than $50,000 per accident and further
that the property damage coverage shall be not less than $10,000 for
damages to property of any one person, resulting from an accident,
and not less than $10,000 to satisfy all claims for damages to property
of all persons, on account of an accident, by reason of the ownership,
operation, maintenance or use of a taxicab upon a public street. Applicants
shall be responsible for furnishing a policy that shall contain a
clause prohibiting cancellation thereof without notification of such
cancellation being given to the Borough. The Borough Clerk, upon the
filing of the required insurance policy, shall issue a certificate
in duplicate showing compliance by the owner with the terms of this
section and the applicable statutes of the State of New Jersey.
[Ord. No. 896 § 3]
Every applicant for a Taxicab License shall make application
on forms furnished by the Borough Clerk and the same shall be completed
and verified under oath and filed with the Borough Clerk. The application,
among other items, shall set forth a complete schedule of the rates
to be charged all passengers, and the application shall also indicate
whether the taxicab will have a meter located in it.
[Ord. No. 896 § 4]
The Chief of Police, or his/her delegated representative, shall
fingerprint and investigate each applicant for a Taxicab License and
make a report of such investigation. A copy of the traffic and Police
record of the applicant, if any, shall be attached to the application.
The investigation of the applicant shall consist further of a verification
of the information supplied by the applicant and such other pertinent
information as may be discovered during the course of the investigation
in order that the Mayor and Borough Council may have sufficient facts
to determine the fitness of the applicant to be so licensed.
[Ord. No. 896 § 5;
Ord. No. 04-30]
The Mayor and Borough Council, upon receiving the application
and the investigative report of the Police Department concerning the
applicant, shall weigh all factors to determine if the applicant is
fit, willing and able to perform such public transportation and to
conform to the provisions of this section. No person shall be licensed
who has been found guilty of a crime involving moral turpitude. In
any case, the Mayor and Borough Council shall have the right to refuse
to issue a license provided that they have reasonably been led to
the conclusion that the issuance would not be in the best interest
of the public safety and convenience. The Mayor and Borough Council
shall notify the Borough Clerk if the application has been approved;
and the Borough Clerk shall then, upon payment of the proper fees
by the applicant, issue a license stating the name and address of
the applicant, the number and description of vehicles authorized under
such license, the minimum hours of service to be provided, the approved
location of and the usage of public cab stands as established by the
provisions of this section and the date of issuance of the license.
[Ord. No. 896 § 5;
Ord. No. 04-30]
Each original Taxicab License shall be displayed in the office
or base station of the applicant. A true copy shall be furnished by
the Borough Clerk and shall be displayed prominently in each vehicle
authorized under such license.
[Ord. No. 896 § 6; Ord. No. 1157 § 9; Ord. No. 1269 § 2]
The annual taxicab license fee running from January 1 through
December 31 shall be $20 per vehicle, payable on January 1. Should,
for any reason, a license be withdrawn, revoked or cancelled during
the license year, no pro rata refund or rebate for the remainder of
the year shall be allowed; likewise any license approved within any
given calendar year shall require the fee as if it were issued January
1 of that year.
[Ord. No. 896 § 7;
Ord. No. 04-30]
Vehicles listed on the license may be substituted or replaced by other vehicles only after the licensee has received written permission from the Borough Clerk. The Borough Clerk shall not give such written permission until the Police Department has certified that the new or substituted vehicle has passed inspection as provided for by subsection 4-20.34.
[Ord. No. 896 § 8;
Ord. No. 04-30]
No Taxicab License may be sold, assigned or otherwise transferred
unless permission is granted by the Mayor and Borough Council; prospective
purchasers, assignees or transferees shall be required to make application
in the same manner provided for in this section as if they were original
or initial applicants for a license.
[Ord. No. 896 § 9;
Ord. No. 04-30]
A Taxicab License issued under the provision of this section
may be revoked or suspended by the Mayor and Borough Council under
any of the following conditions:
a.
The holder has failed to operate the licensed vehicle for more than
30 days.
b.
The holder has violated any ordinance of the Borough or the laws
of the United States or the State of New Jersey, the violations of
which reflect unfavorably on the fitness of the licensee to hold a
license for public transportation.
c.
For just cause which the Mayor and Borough Council may deem adequate
and in the public interest to warrant suspension or revocation.
d.
The holder has failed to report to the Borough Clerk within 72 hours
the fact that the employer, in his/her opinion, no longer considers
the licensed driver an employee.
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Prior to suspension or revocation, the licensee shall be given
written notice of the proposed action to be taken and the reasons
therefore, and the Mayor and Borough Council shall conduct a public
hearing on this matter in accordance with the requirement of N.J.S.A.
40A:16-10.
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[Ord. No. 896 § 10;
Ord. No. 04-30]
No person shall operate a taxicab for hire upon the streets
of the Borough, and no person who owns or controls a taxicab shall
permit it to be driven, and no taxicab licensed by the Borough shall
be so driven for hire, unless the driver of that taxicab shall have
first obtained and shall have then in force a Taxicab Driver's Permit
issued under the provisions of this section by the Borough Clerk.
[Ord. No. 896 § 10;
Ord. No. 04-30]
Each applicant for a Taxicab Driver's Permit shall furnished
all required information on an application form as furnished by the
Borough Clerk, and verify that information under oath. The applicant
shall also provide two passport-type photographs of the designated
size (2 1/2 inches by 2 1/2 inches) at his/her own expense,
when submitting his/her completed application.
[Ord. No. 896 § 11]
Each applicant for a Taxicab Driver's Permit shall:
a.
Be at least 19 years of age.
b.
Submit a certificate from one of the Borough Police Surgeons or a
family doctor, at the applicant's cost, certifying that the applicant
has been examined within the preceding 30 days and that he/she has
no infirmity of body or mind which might render him/her unfit for
the safe operation of a taxicab.
[Ord. No. 896 § 12;
Ord. No. 04-30]
The Chief of Police or his/her delegated representative shall
fingerprint and investigate each applicant for a Taxicab Driver's
Permit, and the report of such investigation and a copy of the traffic
and Police record of the applicant, if any, shall be attached, to
the application. In addition thereto, the investigation of the applicant
shall consist further of a verification of the information supplied
by the applicant and such other pertinent information as may be discovered
during the course of the investigation in order that the Mayor and
Borough Council may have sufficient facts to determine the fitness
of the applicant to be so licensed.
The Police Chief shall forward the application and investigative report to the Police Commissioner, who shall approve or disapprove the application in accordance with the standards prescribed in subsection 4-20.18. If the Police Commissioner approves the application, notification thereof shall be given to the Borough Clerk. If the Police Commissioner denies the application, the applicant shall have the right to appeal that decision within 30 days to the Mayor and Borough Council.
[Ord. No. 896 § 13;
Ord. No. 04-30]
The Mayor and Borough Council, upon having received notice from
an applicant of the denial of his/her application for a Taxicab Driver's
Permit, shall consider his/her application and the investigative report
and certificate required to be attached thereon, and shall set a date
for the hearing of the applicant's case, at which time the applicant
shall have the opportunity to offer evidence why his/her application
should be reconsidered.
[Ord. No. 896 § 13;
Ord. No. 04-30]
The Mayor and Borough Council may refuse to grant or renew a
Taxicab Driver's Permit in the case of any applicant:
a.
Whose State automobile driver's license or permit to operate a taxicab
has been suspended or revoked.
b.
Who has been convicted of a crime.
c.
Who shall have previously been convicted of driving an automobile
resulting in death to any person.
d.
Who shall have been convicted of driving a motor vehicle while intoxicated.
e.
Who shall have been convicted of any violations of any law, State
or Federal, relating to the use, possession or sale of intoxicating
liquors.
f.
Who shall have been convicted of a violation of any law, State or
Federal, relating to prostitution.
g.
Who shall have been convicted of any violation of any law, State
or Federal, relating to the use, possession or sale of narcotic drugs.
h.
Who has been habitual violator of traffic laws or a habitual user
of intoxicating liquor or narcotic drugs.
i.
Who the Mayor and Borough Council for just cause deem unfit to drive
a taxicab.
[Ord. No. 896 § 14; Ord. No. 1159 § 9; Ord. No. 1269 § 3; Ord. No. 04-30]
Upon receiving approval for a Taxicab Driver's Permit, the Borough
Clerk shall issue a badge and a permit to the applicant. The name,
address, race, age, signature, company employed by, photograph and
badge number of the applicant shall appear on the permit. The badge
and Permit shall not be delivered to the applicant until such time
as the applicant has paid to the Borough Clerk a fee of $30.
Such Permit shall be in effect for the remainder of the calendar
year, January 1 through December 31. A Permit may be renewed every
calendar year thereafter upon the payment of $15 by the licensee unless
the license for the preceding year has been revoked. No driver shall
operate a cab for any other owner without securing a new Permit, unless
in an emergency, when temporary permission may be granted by the Borough
upon notification by the taxicab licensee to the Police Department
or the Borough Clerk.
The discharge of any driver by his/her employer shall automatically
cancel his right to operate a taxi under a Permit in existence at
the time of his discharge; provided, however, that should the discharged
employee be rehired by a licensed taxicab owner during the same calendar
year, he may be permitted to operate under the former permit without
the payment of any additional fee, provided the Borough Clerk has
received notification of such rehiring.
[Ord. No. 896 § 15]
Every driver licensed under this section shall post his/her
Taxicab Driver's Permit and photograph of designated size (2 1/2
inches by 2 1/2 inches) in a conspicuous position in plain view
of all passengers.
[Ord. No. 896 § 16]
A Taxicab Driver's Permit issued under the provisions of this
section may be revoked or suspended by the Mayor and Borough Council
if the holder thereof has:
a.
Failed to comply with any provision of this section.
b.
Failed to comply with any other ordinance of the Borough, the violation
of which reflects unfavorably on the fitness of the licensee to hold
the license for public transportation.
c.
Failed to comply with any State or Federal laws, the violation of
which reflect unfavorably on the fitness of the licensee to hold the
license for public transportation.
d.
Or for other just cause which the Mayor and Borough Council may deem
adequate and in the public interest to warrant suspension or revocation.
|
ARTICLE II
|
|
Driver's Conduct and Duties
|
[Ord. No. 896 § 17]
a.
Drivers of taxicabs shall be clean and neat in appearance.
b.
Each driver shall display his/her badge in a conspicuous manner upon
his/her person. Wherever practicable, this shall be accomplished by
the wearing of a chauffeur's cap with badge affixed thereto.
c.
The operator of a taxicab shall not smoke a cigarette, cigar or pipe
while that taxicab is occupied by a passenger or passengers.
[Ord. No. 896 § 18;
Ord. No. 04-30]
No driver shall permit more than the legal seating capacity
in a taxicab. At no time shall more than two adults in addition to
the driver, ride in a front seat of any taxicab.
[Ord. No. 896 § 18;
Ord. No. 04-30]
No driver may refuse or neglect to convey any orderly person
or persons upon their request, unless previously engaged or unable
to or forbidden by the provision of this section.
[Ord. No. 896 § 19]
All drivers shall comply with all reasonable and lawful requests
of his passenger or passengers as to the speed of the vehicle.
[Ord. No. 896 § 20;
Ord. No. 04-30]
Every driver of a taxicab shall thoroughly search the interior
of the taxicab at the termination of each trip for any article of
value which may be left in the taxicab by a passenger. Any article
found shall be immediately returned to the passenger owning it, if
he is known; otherwise, it shall be deposited with the owner of the
cab at the conclusion of the driver's tour of duty. A written notification
of the finding of the article shall be made in duplicate by the owner
within 24 hours to the Police Department.
[Ord. No. 896 § 21]
The driver of each taxicab shall keep a daily record upon which
all trips are recorded, showing time and place of origin and destination
of each trip and amount of fare. All such records shall be retained
by the owner for two years. The owner shall be responsible for the
maintenance of daily records of all cabs owned by him. The forms for
each such record shall be furnished by the owner and shall be of a
character approved by the Chief of Police.
[Ord. No. 896 § 22]
Drivers of taxicabs shall not receive or discharge passengers
in the roadway, but shall pull up to the right-hand sidewalk as nearly
as possible; or, in the absence of a sidewalk, to the extreme right-hand
side of the road and there receive or discharge passengers.
[Ord. No. 896 § 23]
No driver shall permit any other person to occupy or ride in
the taxicab unless the person or persons first employing the taxicab
shall consent to the acceptance of additional passenger or passengers.
[Ord. No. 896 § 24;
Ord. No. 04-30]
All persons engaged in the taxicab business in the Borough operating
under the provisions of this section shall render an overall service
to the public desiring to use taxicabs. Holders of licenses shall
maintain a central place of business and keep the same open for at
least the minimum hours stipulated on the license for the purpose
of receiving calls and dispatching cabs. They shall answer all calls
received by them for services inside the Borough limits as soon as
they can do so, and if services cannot be rendered within a reasonable
time, they shall then notify the prospective passenger as to how long
it will be before the call may be answered and give the reason therefor.
Any holder who shall refuse to accept a call anywhere within
the Borough limits at any time when such holder has cabs available,
or who shall fail or refuse to give overall service, shall be deemed
to have violated this section.
[Ord. No. 896 § 24;
New; Ord. No. 09-20 § 1]
a.
Taxicabs whose businesses are appropriately licensed in the jurisdictions
where their companies are located shall be permitted to park (attended)
in the designated taxi stands.
b.
Taxicabs shall be allowed to park unattended on Borough streets in
the business district for brief period in any designated parking spaces
for the specific purpose of patronizing other local businesses. Examples
include but are not limited to making a purchase in a local store,
dining in a local food establishment and the like.
c.
Taxicabs shall be specifically prohibited from parking in any location
on public streets within the Borough for the purpose of soliciting
fares between the hours of 8:00 a.m. and 7:00 p.m. other than designated
taxi stands.
|
ARTICLE III
|
|
Taxicab Specifications and Equipment
|
[Ord. No. 896 § 25]
No vehicle shall be granted a license unless it conforms with
all the provisions of this article.
[Ord. No. 896 § 26]
a.
All car bodies utilized as taxicabs shall have four doors, two leading
into the passenger's compartment and two leading into the driver's
compartment, so constructed that they may be opened from the inside
and the outside. Each door shall be constructed with an approved safety
lock.
b.
All upholstery covering or interior lining of any taxicab shall be
of leather or other nonabsorbent and washable material, except the
roof lining.
c.
Floor mats shall be provided of removable rubber or other nonabsorbent
material.
d.
Every taxicab so licensed shall have a plastic or glass sign attached
to the roof of the taxicab, containing the words "taxi" or "cab" or
"taxicab," with a workable light inside the glass or plastic sign.
[Ord. No. 896 § 27]
Every taxicab shall be equipped with a passenger compartment
light adequate to illuminate the interior of the passenger compartment.
[Ord. No. 896 § 28]
a.
Inspection by Police. Before a license is issued to any owner, the
taxicab for which such license is requested shall be driven to a place
designated by the Chief of Police or his delegated representative,
and shall be inspected by the Chief of Police or his/her delegated
representative, to ascertain whether that taxicab complies with the
provisions of this section.
b.
Reinspection at Designated Location at Regular Interval. Thereafter,
during the months of June and December, the taxicabs shall be driven
to the place designated by the Chief of Police for similar inspections
to insure safe and sanitary operation.
c.
Random Additional Inspections. In addition to the inspections, it
shall be the duty of the Chief of Police, or his delegated representative,
at odd times, to inspect the taxicab for the purpose of ascertaining
whether this section is being violated.
d.
Removal from Service; Reinspection. Any taxicab which is found, after
inspection, to be unsafe or in any way unsuitable for taxicab service,
appearance or otherwise, may be immediately ordered out of service
by the Chief of Police. Before again being placed in service, that
taxicab shall be delivered to the Chief of Police or his/her delegated
representative for reinspection.
e.
Detailed Records of Inspections. It shall be the duty of the Chief
of Police or his delegated representative to maintain detailed records
covering inspection of taxicabs.
|
ARTICLE IV
|
|
Rates
|
[Ord. No. 896 §§ 3,
29]
For every taxicab for which a license shall be granted, the
Borough Clerk shall issue a rate card stating all of the elements
of the schedule of fares prescribed in this article. Such rate card
shall, at all times, be displayed in a card frame within the taxicab
in plain view of all passengers.
Any person charging in excess of the posted rates shall be guilty
of a violation of this section. No fares or rates shall be charged
passengers by taxicab licensees unless the complete schedule thereof
has been approved by resolution of the Mayor and Borough Council,
and no fares shall be increased or schedules or fares altered without
application having been made thereto and approval granted by the Mayor
and Borough Council.
[Ord. No. 896 § 30]
The driver of any taxicab shall, upon demand by the passenger,
render to that passenger a receipt for the amount charged, on which
shall be the name of the owner, license number, amount of fare, and
date of transaction.
[Ord. No. 896 § 31]
It shall be unlawful for any person to refuse to pay the legal
fare after having hired the taxicab, and it shall be unlawful for
any person to hire any vehicle with intent to defraud the person from
whom it is hired of the value of such service.
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ARTICLE V
|
|
Limousines
|
[Ord. No. 896 § 32;
Ord. No. 04-30]
There shall be permitted to be operated in the Borough of Tenafly
vehicles known as limousines, the maximum number of which shall be
determined by resolution of the Mayor and Borough Council upon consideration
of the necessity to charter vehicles for special trips, as well as
the necessity for standing contracts for public transportation, airport
carrier service and, in general, the need for traditional limousine
service to serve the residents of the Borough; provided, however,
that at no time shall any owner of taxicabs licensed under the other
provisions of this section be permitted to have in excess of two limousines.
[Ord. No. 896 § 32;
Ord. No. 04-30]
Such limousines shall be regulated in the following manner:
a.
Owners of limousines and drivers thereof shall be licensed in the
manner provided for in this section for the licensing of taxicab owners
and taxicab drivers. The same application procedure, appeal procedures,
grounds for suspension, license fees, inspection and insurance shall
be applicable to limousines and limousine drivers.
b.
No limousine shall be parked in any hack stand unless used for an
emergency taxicab service and upon having received permission therefor
from the Chief of Police of the Borough.
c.
No limousine shall be required to have any roof light or other identification,
but may be a completely unmarked vehicle.
d.
Rates to be charged for limousine service shall not be regulated
by the Borough unless such limousine is used according to law as a
taxicab, in which case the rate limitations and the requirement for
the display of rate information shall apply.
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ARTICLE VI
|
|
Enforcement; Penalty
|
[Ord. No. 896 § 33]
The Police Department of the Borough is hereby given the authority
and is instructed to watch and observe the conduct of holders and
drivers operating under this section.
[Ord. No. 896 § 34]
The making of false statements and/or the disclosure thereof
in any application or record required by this section shall constitute
a violation of this section.
[Ord. No. 896 § 35;
Ord. No. 04-30]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. In the event the person violating any provision of this section is a corporation, the officers, agents or employees thereof who shall violate, or procure, aid or abet any violation of any of the provisions of this section or permit the operation of any taxicab contrary to the requirements thereto, shall be subject to the same penalties as if they, themselves, were personally operating such taxicab at the time such violations were committed.
[Ord. No. 1298 §§ 2,
3; Ord. No. 04-30]
No person shall film or permit filming within the Borough without
first obtaining a permit therefor, which permit shall set forth the
location of such filming and the date or dates when filming shall
take place.
[Ord. No. 1298 §§ 1,
2; Ord. No. 04-30]
As used in this section:
Shall mean the taking of still or motion pictures either
on film, video tapes or similar recording medium for commercial or
educational purposes intended for viewing on television or in theaters
or for institutional use.
Shall mean any and every public street, highway, sidewalk
or square, public park or playground or other public place within
the Borough which is within the jurisdiction and control of the Borough.
Incidental use of a public sidewalk or street which does not result
in a closing of the street or sidewalk to public use shall not be
considered filming on public land.
[Ord. No. 1298 § 2;
Ord. No. 04-30]
a.
Permits shall be obtained in the office of the Borough Clerk during
normal business hours. Applications for such permits shall be in a
form approved by the Borough Clerk and shall be accompanied by a permit
fee in the amount established by the Borough Council.
b.
One permit shall be required for each location.
c.
One permit shall be sufficient to authorize outdoor filming on one day and indoor filming on one day provided that each such date on which filming is to take place shall be specified in the permit and further provided that the maximum number of days on which filming may be authorized in any calendar year for premises located in a residential zone shall not exceed four without a waiver pursuant to subsection 4-22.7.
d.
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 Borough 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. 1298 § 3;
Ord. No. 04-30]
The Borough Clerk may refuse to issue permit whenever he/she
determines, on the basis of objectives, facts and after a review of
the application and a report thereon by the Police Department and
by other Borough agencies involved with the proposed filming site,
that filming at the location and/or time set forth in the application
would violate any law or ordinance or would unreasonably interfere
with the public's use of public lands, unreasonably interfere with
the use and enjoyment of adjoining properties, unreasonably impede
the free flow of vehicular or pedestrian traffic or otherwise endanger
the public's health, safety or welfare.
[Ord. No. 1298 § 3;
Ord. No. 04-30]
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit or a person requesting relief pursuant to subsection 4-22.8 may appeal to the Mayor and Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk. An appeal from the decision of the Borough Clerk shall be filed within 10 days of the Borough Clerk's decision. The Mayor and Borough 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 Mayor and Borough Council shall be in the form of a resolution. A resolution supporting the decision of the Borough Clerk or granting relief pursuant to subsection 4-22.8 shall be approved by the Mayor and Borough Council at the first regularly scheduled public meeting of the Mayor and Borough 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 Borough Clerk shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to subsection 4-22.8 shall be denied.
[Ord. No. 1298 § 4;
Ord. No. 04-30]
|
Filming Permit
|
$100
|
|
Filming Permit for filming on public land
|
$750
|
|
Filming Permit for non-profit applicants filming for educational
purposes (including on public land)
|
$25.
|
[Ord. No. 1298 § 3;
Ord. No. 04-30]
a.
No permit shall be issued for filming at a particular location in a residential zone within the Borough which would permit filming at that location on more than four days during any one calendar year unless a waiver pursuant to subsection 4-22.8 is granted.
b.
No permit shall be issued for filming upon public lands within the
Borough unless the applicant for such permit:
1.
Provides proof of insurance coverages as follows for bodily injury
for any person in the amount of $500,000 and for any aggregate occurrence
in the amount of $1,000,000.
2.
Agrees in writing to indemnify and save harmless the Borough from
any and all liability or damages resulting from the use of such public
lands.
c.
The holder of a 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 Tenafly Police Department with respect thereto.
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 public activity on such public lands.
e.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for removing all equipment, debris and other rubbish
from the filming location upon the completion of filming or the expiration
of the permit, whichever comes first.
f.
Filming shall be permitted only Monday through Friday between the
hours of 8:00 a.m. and 7:00 p.m. or sundown whichever is earlier,
in residential zones.
[Ord. No. 1298 § 3]
The Mayor and Borough Council may authorize a waiver of any
of the requirements or limitations of this section, and may authorize
filming other than during the hours herein described or may extend
the duration of a permit beyond 10 days, or may permit filming at
a particular location in a residential zone on more than four days
during any one calendar year or may waive any other limitation or
requirement of this section. Whenever it determines that strict compliance
with such limitations will pose an unreasonable burden upon the applicant
and that such a permit may be issued without endangering the public's
health, safety, and welfare.
[Ord. No. 1298 § 6]
The provisions of this section shall not apply to the filming
of news stories within the Borough.
[Ord. No. 04-30]
The following areas shall be prohibited from filming:
[Ord. No. 91-21; Preamble]
Pursuant to N.J.S.A. 40:48.2.49, which permits the Borough to
regulate the removal of certain motor vehicles, and N.J.A.C. 11.3-38.1,
which establishes rules promulgated by the New Jersey Department of
Insurance for towing and storage fees for private passenger automobiles
towed or stored as a result of being damaged in an accident or recovered
after being stolen, the Mayor and Borough Council ordain that the
implementation of that statute and rule would be in the best interest
and general welfare of the Borough of Tenafly.
[Ord. No. 91-21 § 1]
As used in this section:
Shall mean and be defined for private passenger automobiles
to include vandalism, fire, comprehensive claims and accidents caused
by drunk drivers.
Shall mean the removal and transportation of an automobile
from a highway, street or other public or private road or parking
area, or from a storage facility but does not include recovery of
an automobile from a position beyond the right-of-way or berm or from
being impaled upon any other object within the right-of-way or berm.
[Ord. No. 91-21 § 2; Ord. No. 01-14 §§ 1 —
3]
The Chief of Police shall maintain the names and addresses of
commercial towing companies which make applications and are approved
by the Chief of Police for the removal of motor vehicles from public
or private property within the Borough. In order to be approved by
the Chief of Police, a commercial towing company must comply with
the following rules and regulations:
a.
Complete and file with the Chief of Police an application which includes
the company's name, address, responsible individual, location of business,
which must be within the Borough of Tenafly, and the name, address
and telephone number of the applicant's insurance company.
b.
Pay an annual application fee of $50 to the Borough of Tenafly to
compensate the Borough for administrative expenses to implement the
towing service.
c.
Submit the original of a true copy of a current insurance policy
which names the towing company as the insured and issued by an insurance
company authorized to do business in the State of New Jersey in the
following insurance limits for the weight classifications specified:
1.
Light/medium duty - gross weight of less than 32,000 lbs./minimum
liability coverage $750,000.
2.
Heavy duty - gross weight of 32,000 lbs. or more/minimum liability
coverage $1,000,000.
|
The insurance policy must be in effect until December 31 of
the year in which an application is made to the Chief of Police.
|
d.
Provide proof that the applicant owns or has access to a vehicle
located in the Borough of Tenafly which is in good condition and has
a current New Jersey inspection sticker and is registered and licensed
in New Jersey.
If any other equipment or tow vehicles are needed, one of the
other tow companies in town will be called to assist. If it is determined
by the tow company on call that heavy duty equipment is needed, an
outside agency may be called. Any driver for a basic tow service may
request his own tow service from outside of town; however, in the
event of any dangerous condition, traffic condition, etc., any Police
Officer at the scene may have the vehicle moved immediately.
e.
Provide proof that the applicant owns, leases or has access to a
storage area for not less than 10 motor vehicles except for inside
storage located within the Borough. After approval by the Chief of
Police, the applicant shall receive a permit which shall expire on
December 31 of the year issued. In addition, the Chief of Police may
revoke a permit at any time if the permittee fails to comply with
these regulations.
f.
The Chief of Police may refuse to approve the permit of any applicant
if the applicant has been:
1.
Convicted of a crime;
2.
Convicted of driving a motor vehicle resulting in the death to any
person or of driving a motor vehicle while under the influence of
intoxicating liquor or a controlled dangerous drug or substance;
3.
Convicted of violating any Federal or State law relating to the use,
possession or sale of any controlled dangerous drug or substance;
4.
An habitual violator of motor vehicle laws;
5.
Whose automobile driver's license issued by the State of New Jersey
has been suspended or revoked;
6.
Violated any of the provisions of this section; or
7.
Whenever for just cause the Chief of Police finds the applicant unfit
to operate a tow truck.
|
If the applicant is rejected, the applicant, within 10 days,
may request a personal appearance before the Mayor and Council to
offer evidence as to why his application should be reconsidered.
|
g.
Notwithstanding the provisions of paragraph e hereinabove, the Chief
of Police shall have and is hereby granted the authority to suspend
or revoke any permit issued under this section if the permittee or
any of his employees:
1.
Violates any of the provisions of this section;
2.
Violates any of the ordinances of the Borough or the laws of the
United States of America or of the State of New Jersey, the violation
of which reflects unfavorably on the fitness of the permittee or his
employee to drive a tow truck; or
3.
Performs any act which would be a basis for a denial of the permit
application.
|
A person whose permit is suspended or revoked may, within 10
days, request a personal appearance before the Mayor and Council to
offer evidence as to why the suspension or revocation should be reconsidered.
|
[Ord. No. 91-21 § 3]
The Chief of Police shall maintain a roster of approved applicants
and each week shall designate one of the approved companies to be
first called as required. The roster shall be rotated at 12:01 a.m.
on Thursday of each week and remain unchanged through 12:00 midnight
of the next Wednesday. At rotation time, the company having been previously
designated as "first called" shall be placed at the end of the list
and all others on the list shall be advanced up the list. Any new
companies receiving a permit during the year shall be placed at the
bottom of the list at the time of the issuance of the permit.
[Ord. No. 91-21 § 4; Ord. No. 01-14 § 4]
The Chief of Police shall enforce this section in accordance
with due process of law. Upon the receipt of a written complaint,
the Chief of Police shall investigate the complaint of any person
aggrieved by the towing or related services provided by a commercial
towing company permitted pursuant to this section, or any complaint
regarding fees charged by a commercial towing company in excess of
the fees permitted by the schedule of fees provided herein.
[Ord. No. 91-21 § 5]
This section, which includes the regulations and fee schedule,
shall be available to the general public in the office of the Borough
Clerk and the Police Department during normal business hours. A fee
card indicating the maximum rates for towing and storage within the
Borough shall be kept in the possession of the drivers of all tow
vehicles and be presented to the driver or owner of any vehicle to
be towed.
[Ord. No. 91-21 § 6]
The Police Department and all members thereof are hereby authorized
to remove and tow away, or have removed and towed away by commercial
towing service any car or other vehicle illegally parked in any place
where such parked vehicle creates or constitutes a traffic hazard,
blocks the use of a fire hydrant or obstructs or may obstruct the
movement of any emergency vehicles.
[Ord. No. 91-21 § 7]
When a motor vehicle or other vehicle is abandoned on a street
in the Borough, its removal may be authorized by the Chief of Police.
When an abandoned, unattended, wrecked, burned or partially dismantled
motor vehicle or other vehicle is creating a traffic hazard because
of its position in relation to the road or its appearance is causing
the impeding of traffic, its immediate removal from the street by
a towing service may be authorized by the Chief of Police.
[Ord. No. 91-21 § 8]
When a vehicle is removed from either public or private property
by either State statute or Borough ordinance the owner of the vehicle
will be responsible for all towing and storage costs.
[Ord. No. 91-21 § 9]
No person shall be liable to any person who tows or stores a
private passenger automobile which was damaged in an accident or recovered
after being reported stolen for any fee in excess of those permitted
by the towing and storage fee schedules established in this section.
[Ord. No. 91-21; Ord. No. 01-14; Ord. No.
06-02; amended 6-11-2019 by Ord. No. 19-15]
The schedule of fees set forth on Schedule A for towing rates
are the maximum charge that shall apply to a private passenger automobile
for all towing services, including basic towing services rendered
as a result of the accident or theft recovery. There shall be no other
charge for flat-bedding, waiting time, winching, cleanup cost and
additional labor, when only basic towing charges as defined are provided.
|
Schedule A
Towing and Storage Fees
|
a.
The following is the fee schedule for basic towing service:
|
Type
|
Fee
|
|---|---|
|
Cars/SUVs/light trucks/motorcycles
| |
|
Days, from 8:00 a.m. to 5:00 p.m.
|
$130
|
|
Nights, holidays, weekends
|
$140
|
|
Commercial trucks, all times
| |
|
Medium 10,001 - 16,000 pounds
|
$250
|
|
Heavy-duty, over 16,001 pounds
|
$500
|
|
Decoupling fee (if tow is not performed or canceled after hookup)
|
1/2 of basic rate
|
|
Each mile outside Tenafly
|
$6 per mile
|
b.
The following is the fee schedule for storage services within the
Borough of Tenafly:
|
Type
|
Fee
|
|---|---|
|
Inside building storage, if requested by owner
| |
|
Cars/SUVs/light trucks/motorcycles
|
$90
|
|
Medium- and heavy-duty
|
$180
|
|
Outside storage facility
| |
|
Cars/SUVs/light trucks/motorcycles
|
$45
|
|
Medium- and heavy-duty
|
$90
|
c.
The following is the fee schedule for road service calls: starting
dead batteries, gasoline or flat tires:
|
Type
|
Fee
|
|---|---|
|
All times
|
$100
|
|
Motor vehicle crash clean-ups and disposal in addition to towing
|
$75
|
d.
Recovery and winching - minimum one hour:
|
Type
|
Fee
|
|---|---|
|
Light-duty
|
$175 per man hour
|
|
Medium-duty, 10,000 - 16,000 pounds
|
$350 per man hour
|
|
Heavy-duty, 16,001 pounds and above
|
$600 per man hour
|
[Ord. No. 91-21 § 11; Ord. No. 01-14 § 5; Ord. No. 06-02 § 1]
The towing rates shall be calculated based on basic towing services
within the Borough with a day rate and another rate for nights, weekends
and State holidays. If requested by the owner at the time of the initial
tow to be taken from the Borough of Tenafly, a mileage fee of $5 per
mile may be charged by the towing service. Fractions shall be rounded
off to the nearest whole mile. Tow vehicles transporting multiple
passenger cars at any time shall receive the applicable fee for each
vehicle transported. When towing services are required at the scene
of automobile accidents, the day rate shall apply when the time of
the accident is between 8:30 a.m. and 4:30 p.m. Monday through Friday
except New Jersey State holidays. The night, weekend and holiday rate
shall otherwise apply. When towing services are otherwise required,
the day rate shall apply when the vehicle is transported (pick-up
to delivery) entirely between the hours of 8:00 a.m. and 6:00 p.m.
Monday through Friday, except New Jersey State holidays. The night,
weekend and holiday rate shall otherwise apply.
[Ord. No. 91-21 § 12]
The fees set forth on the schedule for storage fees are the
maximum charge per twenty-four-hour period that shall apply to a private
passenger automobile that is stored by a person as a result of an
accident or theft recovery or for any other storage.
[Ord. No. 91-21 § 13]
a.
Penalties for Violations of this Section Except as Provided Below.
Failure of a person to abide by this section as to the towing and
storage of a private passenger automobile involved in an accident
as defined or as to basic towing as defined may be punishable by a
fine, upon conviction, not to exceed $5,000 for the first violation,
$10,000 for the second violation, and $15,000 for each subsequent
violation pursuant to N.J.S.A. 17:33A-1 et seq.
b.
For any other violation of this section the violator may be subject
to imprisonment for a term not exceeding 90 days; a fine not exceeding
$1,250; or by a period of community service not exceeding 90 days.
[Ord. No. 91-21 § 14]
Any Police Officer of the Borough of Tenafly or any other person
may file a Complaint in the Municipal Court for any violation of this
section.
[Ord. No. 99-24 § 1]
The Borough Council finds that unrestricted casual sales within
the municipality, such as garage sales, lawn sales, attic sales, rummage
sales, flea market sales, estate sales, etc. have created problems
which have a negative effect upon the health, safety and welfare of
the residents of the Borough. Included among these problems are litter,
improper posting of signs, parking and traffic violations, noise and
neighborhood disturbances. In an effort to minimize such problems,
while recognizing that such sales have become a part of our community
life, this section is intended to preserve the ability of individuals
to conduct such casual sales but to restrict these sales in such a
manner as to reduce their negative impact upon the residents of the
Borough of Tenafly.
[Ord. No. 99-24 § 2]
As used in this section:
Shall mean and include all sales in residential zones of
the Borough under the following categories: garage sale, lawn sale,
attic sale, rummage sale, flea market sale, estate sale or any casual
sale of tangible personal property which is advertised by any means
where the public at large is or can be made aware of the sale.
Shall mean and include any goods, merchandise or other property
capable of being the object of a sale regulated hereunder.
Shall mean and include individuals, partnerships, voluntary
associations and corporations.
[Ord. No. 99-24 § 3;
New; Ord. No. 11-17]
a.
Conduct of Sale. The person to whom such license is issued and the
owner or tenant of the premises on which such sale or activity is
conducted shall be jointly and severally responsible for the maintenance
of good order and decorum on the premises during all hours of such
sale or activity. No such person shall permit any loud or boisterous
conduct on said premises or permit vehicles to impede the passage
of traffic on any roads or streets in the area of such premises.
b.
Limit on Number. Each premise shall be entitled to conduct garage
sales no more than four days per calendar year. No single garage sale
event shall be licensed for more than two consecutive days.
c.
Rain Date. In the event that inclement weather causes a scheduled
sale to be cancelled, the property owner shall be required to return
the license to the Borough Clerk for authorized amendment and provide
the Borough Clerk with substitute dates of sale.
d.
Hours of Sale. All garage sales shall be conducted between the hours
of 9:00 a.m. and 6:00 p.m.
e.
Signs. Two temporary signs not to exceed four square feet in size
shall be permitted to be displayed or posted 48 hours prior to the
sale and during the period of the sale. All temporary signs are to
be removed simultaneously with the ending of the sale, or the cancellation
of the sale due to inclement weather. One temporary sign shall be
permitted on the premises of the sale, and one temporary sign shall
be permitted off the premises, except that no sign shall be posted,
located or displayed on a right-of-way, street or alley without obtaining
the consent of the abutting property owner, and no sign shall be located,
placed or displayed on private property without the consent of the
private property owner. No signs shall be affixed to trees, telephone
or utility poles, street or traffic signs.
[Ord. No. 99-24 § 4]
It shall be unlawful for any person to conduct a garage sale
within the Borough without first obtaining a license therefor from
the Borough Clerk. The fee for such permit shall be $10.
[Ord. No. 99-24 § 5]
Each license issued pursuant to this section is required to
be prominently displayed on the premises upon which the garage sale
is conducted throughout the entire period of the licensed sale.
[Ord. No. 99-24 § 6]
The information to be filed with the Borough Clerk, pursuant
to this section, shall be as follows:
a.
The names of the person, firm, group, corporation, association or
organization conducting the sale.
b.
The name of the owner of the property on which said sale is to be
conducted, and consent of the owner if applicant is other than the
owner.
c.
The location at which the sale is to be conducted.
d.
The number of days of sale [not to exceed two days].
e.
The date and nature of any past sale.
f.
The relationship or connection the applicant may have had with any
other person, firm, group, organization, association or corporation
conducting said sale and the date or dates of such sales.
g.
Whether or not applicant has been issued any other vendor's license
by any local, State or Federal agency.
h.
The number, nature and location of signs.
i.
A sworn statement or affirmation by the person signing the applicant
that the information therein given is full and true and known to him
or her to be so.
[Ord. No. 99-24 § 7]
The following persons and sales shall be excepted:
a.
Persons selling goods pursuant to an order or process of a Court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any person selling or advertising for sale an item or items of personal
property which are specifically names or described in the advertisement
and which separate items do not exceed five in number.
d.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the Zoning Code of the Borough of Tenafly or under
the protection of the nonconforming use section thereof, or any other
sale conducted by a manufacturer, dealer or vendor and which sale
would be conducted from properly zoned premises and not otherwise
prohibited in the ordinances.
e.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be on the organization or institution claiming the exemption. Any
such sale shall be conducted only on the premises owned or occupied
for exempt purposes by the exempt organization.
[Ord. No. 99-24 § 8]
a.
This section shall be enforced by any officer of the Borough of Tenafly,
including the Police Department and the Code Enforcement Officer.
It shall be the duty of such officer to investigate any reported violation.
b.
Any person who violates any provision of this section shall, upon
conviction, be punished by a fine, the amount of which shall be within
the discretion of and shall be fixed by the Municipal Court, but which,
in no case, shall be greater than $1,000. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
[Ord. No. 98-17 § 1]
The Borough Council finds that the placement of tables and chairs
on public sidewalks and within the public rights-of-way, or where
permitted on private property, for the purpose of serving the public
food and beverages within the Business and Commercial Districts will
promote the public interest by adding to the active and attractive
pedestrian environment and provide the opportunity for creative, pedestrian-focused
commercial activities which will add to the excitement, vitality,
and diversity of the Central Business District. The purpose of this
section is to establish a procedure and authorize rules and regulations
thereunder for the permitting of outdoor seating at certain business
establishments within the Business and Commercial Zoning Districts
of the Borough of Tenafly in order to protect the public health, welfare,
and safety and to assure that pedestrian traffic upon public sidewalks
and within public rights-of-way is unencumbered by the outdoor seating.
[Ord. No. 98-17 § 2]
As used in this section:
Shall mean the strip of land along a public street dedicated
and intended for public use.
Shall mean the paved surface provided for the exclusive use
of pedestrians in the public right-of-way and situated between and
extending from any building to the curb of any street.
[Ord. No. 98-17 § 3]
It shall be unlawful for any person, firm, partnership, corporation,
association or organization of any kind (hereinafter collectively
referred to as "person") to place tables, chairs, or any object or
thing upon the public sidewalk or within the public right-of-way of
any street, or to operate an outdoor seating area on private property,
unless such person shall have obtained the approval of the Mayor and
Council and shall have obtained a permit issued pursuant to the terms
of this section. The permit is personal to the applicant and any change
or transfer of ownership shall terminate the permit and shall require
new application and a new permit in conformance with all of the requirements
of this section.
[Ord. No. 98-17 § 4]
The annual fee for the permit required pursuant to subsection 4-25.3 above shall be $50.
[Ord. No. 98-17 § 5]
All permits shall be issued for a one-year period. Permits shall be renewed annually by the filing of an application and payment of the annual permit fee in accordance with the provisions of subsection 4-25.6.
[Ord. No. 98-17 § 6]
a.
An application for approval to place tables, chairs, or any other
object or thing upon the public sidewalk or within the public right-of-way
of any street, or where permitted on private property, shall be made
by submission of the following to the Borough Clerk:
1.
The name, residence or building address, and telephone number of
the applicant.
2.
The name, address, and telephone number of the property owner, if
other than the applicant, together with the written consent of the
property owner to the application.
3.
One copy of a proposed layout plan drawn to scale illustrating the
number, type of materials, color and location of all tables, chairs,
umbrellas, or other furnishings or fixtures intended to be located
outdoors. The scaled plan shall also illustrate:
(a)
The location of any doors leading from the business establishment
to the outdoor seating. No such doors may be obstructed in any manner.
(b)
The location of the place within the business establishment
where any food or drink is intended to be prepared, sold, and consumed.
(c)
The number of feet and location of unobstructed space permitting
free passage of pedestrian traffic around or through the proposed
outdoor seating.
(d)
The location of all fire hydrants, utility poles, benches, handicap
ramps, street or other furniture, planters, trees, and any other fixtures
permanently located on the sidewalk in front of the business establishment
or within 10 feet thereof on either or any side.
b.
The Borough Administrator shall review the application for completeness
and compliance with the terms of this section. If the application
is complete, the Borough Administrator will forward the complete application
to the Construction Official and other appropriate municipal offices
for review after which the application will be forwarded to the Borough
Clerk for consideration by the Mayor and Council at the next regular
meeting. If the application is not complete, the Borough Administrator
shall so notify the applicant within 10 business days of the submission
of the application and specifically detail in writing the areas in
which the application lacks compliance with the requirements of this
section.
[Ord. No. 98-17 § 7; Ord. No. 05-25 § 2]
The following rules and regulations shall apply for any application
for outdoor seating:
a.
No permit shall be issued hereunder unless the applicant shall demonstrate
that a minimum of five feet of unobstructed paved surface will be
available for pedestrian traffic around and through the outdoor seating
area measured from the perimeter of the proposed outdoor seating to
the curb of the street, and that such outdoor seating be directly
in front of the applicant's retail food establishment.
b.
No vending machines of any kind are permitted on the exterior of
any building where outdoor seating has been permitted.
c.
No signs shall be permitted in the area of the outdoor seating. Tables,
chairs, and outdoor umbrellas shall not contain any lettering, logo,
or advertising.
d.
No tables, chairs or other equipment used in the outdoor seating
shall be attached, chained or in any manner affixed to any tree, post,
sign, curb or sidewalk, or property of the Borough of Tenafly within
or near the outdoor seating area.
e.
No outdoor seating area shall be open for business prior to 6:00
a.m. nor remain open for business after 12:00 a.m. Monday through
Thursday or after 12:30 a.m. Friday through Sunday. Any business with
outdoor seating located within a building or contiguous to a building
containing a residential use shall not remain open for business after
11:00 p.m.
f.
Any table service provided within the approved outdoor seating area
shall be provided by persons employed by the permittee for that purpose
and shall be furnished to seated patrons only.
g.
The sale, service and/or consumption of alcoholic beverages shall be permitted at outdoor seating areas subject to the regulations set forth in subsection 4-25.7.1 of this section.
h.
Each permittee is responsible for keeping the area of the outdoor
seating and the adjacent sidewalks and streets free and clear of any
debris or litter occasioned by the outdoor seating. Areas shall be
cleaned as needed and at the time that business is closed and at the
beginning of each business day, but not later than 9:00 a.m. Within
30 minutes after the closing of the business, the permittee shall
cause to have removed from the sidewalk or other outdoor area all
tables, chairs, umbrellas, and any other material or items used in
connection with the outdoor seating. All such materials and items
shall be stored in a safe and secure location approved by the Borough.
An exception to the requirement to remove tables and chairs may be
granted by the Borough for outdoor seating located on private property.
i.
Notwithstanding anything in this section to the contrary, no outdoor
seating shall be permitted where prohibited by the Borough Zoning
Ordinance or any other municipal, State, or Federal statute, ordinance,
or regulation.
j.
Exceptions. Exceptions to the standards contained in this subsection
may only be granted by the Mayor and Borough Council after a hearing
which shall be conducted with notice to adjacent property owner.
[Ord. No. 05-25 § 3]
a.
The consumption of alcoholic beverages in any outdoor seating area
that is otherwise permitted pursuant to this section shall be strictly
subject to the following regulations:
1.
Every restaurant, diner, cafe, or other establishment serving food
and/or beverages that has been granted outdoor seating pursuant to
this section, and for which a license authorizing the sale of alcoholic
beverages for on-premises consumption has not been issued, shall at
all times be in full compliance with the provisions of N.J.S.A. 2C:33-27.
2.
The owner of every establishment applying for outdoor seating shall
certify, on a form to be provided by the Tenafly Borough Clerk, that
he or she has read the restrictions imposed by this subsection and
by N.J.S.A. 2C:33-27, and that all employees serving the outdoor seating
area will be advised of same.
3.
Every restaurant, diner, cafe, or other establishment serving food
and/or beverages that has been granted outdoor seating pursuant to
this section and which is also the holder of an alcoholic beverage
control license authorizing the sale of alcoholic beverages for on-premises
consumption shall be responsible to cause its license to be amended
to include the area utilized for outdoor seating prior to serving
any alcoholic beverages in the outdoor seating area.
4.
Notwithstanding the hours of permitted outdoor seating specified in subsection 4-25.7e of this section, no restaurant, diner, cafe, or other establishment serving food and/or beverages that is not licensed to sell alcoholic beverages for on-premises premises consumption shall permit the consumption of alcoholic beverages during any hours when the sale of alcoholic beverages for on-premises consumption by establishments holding an alcoholic beverage control license is prohibited.
5.
No restaurant, diner, cafe, or other establishment serving food and/or
beverages shall permit the consumption of alcoholic beverages in any
outdoor seating area: (1) by anyone who is not a patron of the establishment;
(2) by any person under the age of 21 years; or (3) by any person
who is visibly intoxicated.
[Ord. No. 98-17 § 8]
a.
No permit required by this section shall be issued to any person
for outdoor seating until such person shall have first filed with
the Borough Clerk a certificate of insurance issued by a public liability
insurance company authorized to do business in the State of New Jersey
showing evidence of the comprehensive general liability insurance
coverages set forth below in the amounts specified and showing the
insurance policy expiration dates. Such certificate of insurance shall
name the Borough of Tenafly, its agents, officers, servants, representatives,
and employees as additional insureds with respect to the operation
and maintenance of the outdoor seating in the following amounts:
|
Bodily injury, each person
|
$300,000
|
|
Each accident
|
$1,000,000
|
|
Property damage, each person
|
$300,000
|
|
Each accident
|
$1,000,000
|
|
The insurance coverage required by this subsection shall at
all times be maintained by the applicant for the full amount, and
evidence of such continued insurance coverage shall be required to
be submitted annually to the Borough Clerk prior to the renewal of
the permit. The cancellation of any such insurance coverage shall
have the immediate effect of suspending the permit of such person
to operate an outdoor seating area covered thereby until new insurance
coverage has been obtained and certificate of insurance has been filed
with the Borough Clerk and a letter in writing confirming the new
effective date of the permit is issued by the Borough Clerk.
|
b.
No permit required by this section shall be granted to any person
to operate an outdoor seating area until such person shall have filed
with the Borough Clerk a statement agreeing to indemnify and hold
harmless the Borough of Tenafly, its agents, servants, representatives
or employees from any or all claims, damages, judgment costs or expenses
including attorneys fees, which they or any of them may incur or be
required to pay because of any personal injury, including death, or
property damage suffered by any person or persons as a result of or
related in any way to the operation and maintenance of the outdoor
seating area for which the permit is issued.
[Ord. No. 98-17 § 9]
a.
Any permit issued hereunder is issued solely as a revocable permit,
which shall be subject to revocation or suspension by the Mayor and
Borough Council for failure of any permittee to comply with this section
or for violation of any other applicable Federal, State, County or
municipal law, regulation or ordinance. Any permit issued hereunder
is issued upon the express understanding that the permittee obtains
no property right thereunder, nor any interest in the continuation
of the permit. It shall be unlawful for any person to operate an outdoor
seating area after the suspension or termination of the applicable
permit.
b.
In addition to the powers of suspension or revocation as set forth
above, the Borough reserves the right to modify, suspend or revoke
any permit on 10 days' written notice if the Borough determines that
pedestrian traffic is impeded or made unsafe because of the operation
of the outdoor seating or because of any other safety or noise issue
which the Borough determines adversely affects the Borough because
of such operation.
[Ord. No. 98-17 § 10]
The Borough Administrator is authorized to administer the provisions
of this section. The provisions of this section shall be enforced
by the Zoning Officer and the Code Enforcement Officer of the Borough
of Tenafly.
[Ord. No. 98-17 § 11]
Any person who violates any provision of this section shall,
upon conviction, be punished by a fine not exceeding $1,000. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[1]
Editor's Note: Prior ordinance history: Ord. No. 1146.
[Ord. No. 2017-10]
No person, firm, group association or organization whatsoever
shall operate or conduct any game of chance as the same is defined
in the Raffles Licensing Law, N.J.S.A. 5:8-50 et seq., or as may hereafter
be amended and supplemented, without first obtaining a license therefor
from the Borough of Tenafly which license shall be issued to bona
fide organizations or associations of veterans of any war in which
the United States has been engaged, churches or religious congregations
and religious organizations, charitable, educational and fraternal
organizations, civic and service clubs, senior citizens associations
and clubs, officially recognized volunteer fire companies, and officially
recognized volunteer first aid or rescue squads, to hold and operate
the specific kind of game or games of chance commonly known as a raffle
or raffles, pursuant to and subject to the provisions of the aforementioned
statute and the rules and regulations of the Legalized Games of Chance
Control Commission of the State of New Jersey.
[Ord. No. 2017-10]
a.
Each applicant for a raffle license shall file with the Borough Clerk
a written application therefor in the form prescribed in the regulations
promulgated by the Legalized Games of Chance Control Commission, N.J.A.C.
13:47-1.1 et seq.
b.
The application shall contain the following information:
1.
The name and address of the applicant together with sufficient facts
relating to its incorporation and organization to enable the Borough
to determine whether or not it is a bona fide organization, as set
forth above;
2.
The names and addresses of the organization's officers;
3.
The specific kind of raffle intended to be held, operated and conducted
by the applicant;
4.
The place where the raffle will to be held;
5.
The date or dates and time or times when such raffle is intended
to be held, operated or conducted;
6.
The items of expense intended to be incurred or paid in connection
with the holding, operating or conducting of such raffle;
7.
The specific purposes to which the entire net proceeds of such raffle
shall be devoted and in what manner;
8.
That no prize will be offered and given in cash except as permitted
in N.J.S.A. 5:8-50 et seq. and the regulations promulgated by the
Legalized Games of Chance Control Commission;
9.
A description of the value and character of the prizes which are
to be given; and
10.
Any other information which said rules and regulations require.
c.
In each application there shall be designated an active member or
members of the applicant under whom the raffle is to be held, operated
and conducted and the application shall be appended to a statement
executed by the applicant and by the member or members so designated,
that he/she or they will be responsible for the holding, operation
and conduct of such raffle or raffles in accordance with the terms
of the license and the provisions of said rules and regulations governing
the holding, operation and conduct of such raffle or raffles and of
the statutes, if the license is granted.
d.
License applications shall be filed in triplicate with the Borough
Clerk with original signatures and notarized.
e.
No application shall be accepted unless the applicant at the time
of filing the application exhibits a valid registration certificate
issued to it by the Control Commission bearing its identification
number which shall be entered on the application.
[Ord. No. 2017-10]
The Borough Clerk shall charge a fee in the amount equal to
the amount charged by the Control Commission as set forth in N.J.A.C.
13:47-49c at the time the application is filed.
[Ord. No. 2017-10]
The Borough of Tenafly shall make an investigation of the qualifications
of each applicant and the merits of the application, with due expedition
after the filing of the application, and if it shall determine that
the applicant is duly qualified to be licensed under the Raffles Licensing
Law, N.J.S.A. 5:8-50 et seq., governing the holding, operation and
conduct thereof in the municipality and the requirements set forth
in and conduct thereof in the municipality, and the rules and regulations,
it shall issue a license to the applicant for the holding, operation
and conduct of the specific kind, or one or more of the specific kinds,
of raffles applied for accordingly, upon the payment of a license
fee as prescribed by regulations promulgated by the Control Commission.
[Ord. No. 2017-10]
Either the Governing Body of the Borough of Tenafly or the Borough
Clerk is hereby authorized to approve the granting of raffle licenses
in the Borough of Tenafly.
[Ord. No. 2017-10]
Raffles are permitted to be on Sundays between the hours of
9:00 a.m. and 12:00 midnight.
[Ord. No. 2017-10]
Any person violating any provision of the aforementioned statute
and/or the rules and regulations of the Legalized Games of Chance
Control Commission of the State of New Jersey shall be penalized in
accordance with N.J.S.A. 5:8-57 et seq.
[Ord. No. 04-29 § 1]
The Mayor and Council find that the regulation of body art establishments
within the Borough of Tenafly is required in order to protect the
public health, welfare and safety. The purpose of this section is
to establish a procedure for the proper review and approval of plans
for body art establishments and to require the inspections and licensing
of body art establishments by the local health authority in accordance
with N.J.A.C. 8:27 et seq.
[Ord. No. 04-29 § 2]
The following definitions shall apply to this section:
Shall mean the practice of physical body adornment in permitted
establishments by operators utilizing, but not limited to, the following
techniques: 1. body piercing, 2. tattooing, and 3. permanent cosmetics.
Shall mean any place or premises, whether public or private,
temporary or permanent in nature or location, where the practices
of body art, whether or not for profit, are performed.
Shall mean puncturing or penetration of the skin of a person
using pre-sterilized single use needles and the insertion of presterilized
or disinfected jewelry or other adornment thereto in the opening.
Shall mean a physical place of business, permanent in nature,
and includes all areas used by a body art technician and clients,
including, but not limited to, treatment areas and waiting/reception
area.
Shall mean the Health Officer representing the Board of Health
of the Borough of Tenafly.
Shall mean and include the owner or the owner's designee
having ownership, control or custody of any place of business or employment
and who manages the day-to-day operations of the body art establishment.
Shall mean the implanting of inert pigments, colors, and/or
dyes intradermally which results in permanent alteration of tissue
to gain a cosmetic effect.
Shall mean written approval by the health authority to operate
a body art establishment.
Shall mean any person that performs the act of tattooing,
permanent cosmetics and/or ear and body piercing.
Shall mean any method of placing ink or other inert pigment
into or under the skin or mucosa by the aid of needles or any other
instrument used to puncture the skin, resulting in permanent coloration
of the skin or mucosa. This includes all forms of permanent cosmetics.
Shall mean an establishment that has been issued a permit
by the local health authority to operate for the purpose of performing
body art procedures for not more than 14 calendar days in conjunction
with a single event.
[Ord. No. 04-29 § 3]
Whenever a term is not defined in this section, it is intended
to have the meaning set forth in N.J.A.C. 8:27-1.3. In the event of
conflict between the definition in this section and that contained
in the regulations, the definition in the regulations shall apply.
[Ord. No. 04-29 § 4]
a.
No body art establishment shall be permitted to open for operation
until the health authority has given formal approval by issuance of
an appropriate license. This license shall be renewed annually.
1.
The license shall be displayed in a conspicuous place on the premises
where it may readily be observed by all clients.
2.
No person shall operate a body art establishment whose license has
been suspended.
3.
Proof of professional malpractice liability insurance for each practitioner
shall be provided to the health authority as part of the initial and
renewal license.
4.
The operator shall provide a current copy of a negative biological
indicator test result to the health authority as part of the initial
license application.
[Ord. No. 04-29 § 5]
a.
Any person desiring to construct, expand, alter, or operate a permanent
cosmetic, tattooing, or ear or body piercing establishment shall apply
in writing on forms prescribed by the Board of Health to the local
health authority for review and approval before such construction,
expansion, alteration or operation is begun. Such application shall
include the following information:
1.
The applicant's legal name, home address and telephone number, full
business name, business address, post office address and telephone
number. The application shall also include whether the applicant is
an individual, partnership, firm or corporation. If the applicant
is a partnership, the names and addresses of the partners shall be
included on the application. If the applicant is a corporation, the
names and addresses of all corporate officers shall be included on
the application;
2.
Plans and specifications shall illustrate the location of the proposed
establishment and a floor plan of the establishment as it is proposed
to be operated. An exact inventory of all processing equipment as
it is to be used shall be included. Plans shall indicate the layout
of the reception area, the procedure areas, the cleaning and sterilization
area, the storage area and the toilet facilities;
3.
A statement of approval from the municipal agency responsible for
the administration of planning and zoning ordinances for the proposed
construction or expansion of the body art establishment;
4.
A complete description of all services to be provided, the proposed
hours of operation, the name of the operator and the names of all
practitioners and their exact duties, a copy of the informed consent
for each procedure;
5.
The names and addresses of all manufacturers of processing equipment,
instruments, jewelry, and inks used for any and all body art procedures;
6.
The make, model and serial number of the applicant's steam autoclave
shall be printed on the back of a photograph of the autoclave; and
7.
A copy of the manufacturer's specifications for operation of the
autoclave.
c.
All construction, expansion or alteration to the
building, structures, and facilities used by the public shall comply
with the Barrier Free Subcode, N.J.A.C. 5:23-7.
d.
All construction, expansion or alteration, to the building, structures,
and facilities shall be done in accordance with the requirements of
the New Jersey Uniform Construction Code, N.J.A.C. 5:23.
[Ord. No. 04-29 § 6]
The health authority shall review the application for compliance
with all the provisions of N.J.A.C. 8:27-2.1 to include the final
plans, specifications, and reports and shall either approve or disapprove
of the application in writing within 30 business days from the date
of submission to the health authority.
[Ord. No. 04-29 § 7]
Persons denied approval shall be notified in writing by the
health authority. Such notice shall specify the reason(s) for the
action, and shall give the person(s) denied approval the opportunity
for a hearing with the Board of Health within a reasonable time, not
to exceed 15 business days from the date the health authority denied
approval of the application.
[Ord. No. 04-29 § 8]
[Ord. No. 04-29 § 9]
a.
Facility license holders shall notify the local health authority
by mail within five calendar days of a change in the following information:
1.
The business name or ownership;
2.
The area code and telephone number;
3.
An address change resulting from city or postal service action;
4.
License status, whether from active to inactive practice or from
inactive to active practice;
5.
Closure or sale of facility; or
6.
A change in procedures or personnel.
[Ord. No. 04-29 § 10]
a.
A person who violates a prohibition under this section shall be subject
to enforcement action pursuant to this section, Chapter 8 of the New
Jersey State Sanitary Code, civil penalties as provided by N.J.S.A.
26:1A-10 and all other applicable laws and/or injunctive action as
provided by law.
1.
Implants under the skin shall not be performed in a body art establishment.
2.
Scarification such as branding and cutting shall not be performed
in a body art establishment.
3.
No person shall perform any body piercing procedure upon a person
under 18 years of age without the presence, written consent and proper
identification of a parent or legal guardian.
4.
No person shall perform genital piercing upon a person under 18 years
of age regardless of parental consent.
5.
No tattoo or permanent cosmetics shall be applied to any person under
18 years of age, without the presence, written consent, and proper
identification of a parent or legal guardian.
6.
No person shall practice or attempt to practice body art in an unlicensed
facility.
7.
No person shall operate a facility unless it is at all times under
the direct supervision of an operator.
8.
No person shall display a sign or in any way advertise or purport
to be a body art practitioner or to be engaged in the business of
body art without first obtaining a license for the facility from the
health authority.
b.
An emancipated minor shall be exempt from paragraphs a3 and a5 above
upon submission of legal proof documenting the emancipation.
[Ord. No. 04-29 § 11]
Each practitioner shall maintain current professional malpractice
liability insurance.
[Ord. No. 04-29 § 12]
a.
The health authority shall inspect every body art establishment as
often as the health authority deems necessary using an inspection
report form approved by the New Jersey Department of Health and Senior
Services.
1.
A representative of the health authority shall provide proper identification.
2.
The operator shall permit access to all parts of the establishment
and all pertinent records required for the inspection shall be made
available to the health authority representative for review.
3.
An inspection report shall identify in a narrative form any violations
of N.J.A.C. 8:27-1 et seq. and shall be cross-referenced to the section
of the regulations being violated.
4.
Results of the inspection shall be made available to the public upon
request.
[Ord. No. 04-29 § 13]
a.
The approval or license of any person to operate a body art establishment
may be suspended at any time, when in the opinion of the health authority
such action is necessary to abate a present or threatened menace to
the public health.
b.
The following shall be reason(s) for closure:
1.
Failure or lack of properly functioning equipment;
2.
Unsanitary or unsafe conditions which may adversely impact the health
of the public;
3.
The health authority has reasonable cause to suspect that a communicable
disease is, or may be, transmitted by an operator/practitioner;
4.
The practitioner(s) has demonstrated gross incompetence in performing
body piercing, ear piercing, tattooing, or micropigmentation;
5.
The owner obtained or attempted to obtain a license by means of fraud,
misrepresentation or concealment;
6.
The owner or practitioner(s) has been convicted in this or any other
state of a crime directly related to the practice of tattooing, micropigmentation,
body piercing or ear piercing;
7.
The owner or practitioner(s) has permitted a genital piercing upon
a person under 18 years of age; and
8.
The operator has failed to prevent implants, branding, and cutting
to be performed in a body art establishment.
c.
The following shall be cause for, at a minimum, a seven day suspension:
1.
Failure to report to the health authority within 24 hours any infection
or injury requiring medical referral;
2.
Performing body art procedures on any person under the age of 18
years of age, without the presence, written consent, and proper identification
of a parent or legal guardian;
3.
Failure to notify the health authority within 24 hours of positive
biological indicate test result of the autoclave; and
4.
Using an ear piercing instrument for any part of the body other than
the ear lobes and trailing edge of the ear.
[Ord. No. 04-29 § 14]
The Health Officer of the Borough of Tenafly is authorized to
administer the provisions of this section. The provisions of this
section shall be enforced by the Health Officer, Registered Environmental
Health Inspector, or any other individual designated by the Board
of Health.
[Ord. No. 04-29 § 15]
Any person who shall violate any provision of this section or
who shall refuse to comply with a lawful order or directive of the
health authority, shall be liable for penalties as provided by N.J.S.A.
26:1A-10 and all other applicable laws and/or injunctive action as
provided by law, or both.
[Added 1-25-2022 by Ord.
No. 22-01]
As used in this § 4-28, the following terms shall have the meanings indicated:
Means the Crane Operator's License Advisory Board created
within the Department of Labor and Workforce Development, established
pursuant to N.J.S.A. 45:26-3.
Shall mean the Building Department in the Borough.
Means certification from the National Commission for the
Certification of Crane Operators or any other organization found by
the Board to offer an equivalent testing and certification program
meeting the requirements of the American Society of Mechanical Engineers
ASME B30.5 and the accreditation requirements of the National Commission
for Certifying Agencies.
Means the Commissioner of Labor and Workforce Development.
Shall be defined in accordance with N.J.S.A. 45:26-1 through
45:26-17 (Licensure of Crane Operators Act), hereafter referred to
as the "Crane Operator Licensure Act and the 1926 OSHA Crane and Derricks
in Construction Regulations," also known as "OSHA Subpart CC."
Means an individual engaged in the operation of a crane.
Means operating, inspecting, training and maintenance experience
acceptable to the Board.
Means a person licensed to practice the profession of engineering
in New Jersey except that certifications relating to the manufacturer's
design and applications for prototyping a crane may be made by an
engineer who is 1) employed full time by the crane manufacturer and
2) who is licensed to practice the profession of engineering under
the law of any state, or who submits proof acceptable to the Borough
Engineer of his professional qualifications.
Means an examination demonstrating the applicant's ability
to safely operate a particular category or type of crane. Practical
examinations shall be conducted for the following crane categories:
the lattice boom crawler cranes (LBC), lattice boom truck cranes (LBT),
telescopic boom cranes (TLL, swing cab) and (TSS, fixed cab), tower
cranes and overhead cranes.
[Added 1-25-2022 by Ord.
No. 22-01]
a.
Five days before any crane operator, contractor or other person or company initiates the use of a crane within the Borough, a registration certificate shall be obtained. In emergent situations, the Building Department/Borough Engineer may waive this requirement in his or her own discretion, if the operator meets the balance of the requirements of this Subsection 4-28.2.
b.
Copies of the registration certificate shall be maintained by the
Borough and with the crane operator at all times; a copy of the registration
certificate shall be produced on the work site when requested.
c.
The following documents must be provided to the Borough in order
to be granted a registration certificate:
2.
New Jersey crane license.
3.
Current medical examiner's card.
4.
A copy of the most recent and current proof of inspection for the
crane being operated (crane owner).
6.
Proof that the crane operator submits to a random drug testing program.
7.
Proof of completion of signal person qualification or certification
course.
d.
Upon receipt of a properly completed application and compliance with the requirements of this Subsection 4-28.2, the Building Department shall issue or deny the requested registration certificate within five business days. If the application is denied, the reasons for the denial shall be furnished to the applicant in writing.
[Added 1-25-2022 by Ord.
No. 22-01]
a.
To be eligible for a license as a crane operator within the Borough,
the applicant shall fulfill each of the following requirements:
1.
Be licensed pursuant to N.J.S.A. 45:26-7;
2.
Be at least 18 years of age;
3.
Possess certification from the National Commission for the Certification
of Crane Operators or any other organization found by the Board to
offer an equivalent testing and certification program meeting the
requirements of the American Society of Mechanical Engineers ASME
B30.5 and the accreditation requirements of the National Commission
for Certifying Agencies;
4.
Have at least 1,000 hours of crane-related experience; and
5.
Maintain a current medical examiner's certification card.
[Added 1-25-2022 by Ord.
No. 22-01]
The fee for a registration certificate for each crane shall be $100. Each registration certificate is valid for 60 days and may be extended and/or renewed, provided that compliance with the requirements of this § 4-28 continues to be met. The fee for an extended or renewed registration certificate shall be $50.
[Added 1-25-2022 by Ord.
No. 22-01]
In addition to all other notice requirements, including notice to the Department of Labor and Workforce Development pursuant to N.J.A.C. 12:121-5.1, the owner of the property on which the crane is operating, the operator, contractor or crane owner shall immediately notify the Borough of every accident causing personal injury or damage to property involving a crane covered by this § 4-28, and shall cooperate with the Borough in every manner to assist the Borough in investigating such accident. When an accident involves the failure, breakage, damage or destruction of any part of the crane apparatus, it shall be unlawful to continue to use such crane apparatus until after an examination performed by the Borough Engineer and such other state or federal agency having jurisdiction and approval of the crane or related equipment for continued use is granted.
[Added 1-25-2022 by Ord.
No. 22-01]
a.
All crane equipment shall be kept in safe working condition at all
times by the owner and licensee.
b.
If any safety or operational aid used or required to be used in connection
with the operation of a crane is not working properly, the person
operating such crane shall immediately shut down the crane until such
time that the required safety or operational aid is repaired or replaced
and the crane is restored to proper working order.
c.
Any and all safety requirements promulgated by the Board, Commissioner,
County of Bergen, State of New Jersey and/or the Borough must be adhered
to at all times.
d.
Every crane shall be thoroughly inspected by a competent designated
employee or authorized agent of the owner or lessee of such mobile
crane, tower crane or derrick at intervals not exceeding one month.
Such inspection shall include, but not limited to, all blocks, shackles,
sheaves, wire rope, connectors, and various devices on the master
boom, controls and braking mechanisms.
e.
A written, dated, and signed record of each such inspection shall
be completed by the competent designated employee or authorized agent
who made the inspection. The most recent record of such inspection
shall be posted inside the cab of such crane and shall be filed with
the Borough. Attached to such record of inspection shall be a written
designation naming the competent employee or authorized agent. Such
attached designation shall be signed by the owner or lessee of said
crane.
f.
Every crane shall be inspected before being erected or operated for
the first time on any job.
g.
Adjustments and repairs to cranes shall be made only by competent
designated persons.
[Added 1-25-2022 by Ord.
No. 22-01]
[Added 1-25-2022 by Ord.
No. 22-01]
a.
Any crane that is or hereafter becomes unsafe or otherwise dangerous to human life or public safety, or which demonstrates inadequate maintenance, shall be deemed to be in an unsafe condition by the Building Department/Borough Engineer. All unsafe cranes shall be taken down or removed or made safe, as the Building Department/Borough Engineer deems necessary and as provided for in this § 4-28.
b.
The Building Department/Borough Engineer shall cause a report to
be filed on an unsafe crane. The report shall state the nature of
the unsafe condition.
c.
If an unsafe condition is found, the Building Department shall serve
on the owner, agent or person in control of the crane, a written notice
that describes the condition being deemed unsafe and that specifies
the required repairs or improvements to be made to abate the unsafe
condition. Such notice shall require the person thus notified to declare
immediately to the Building Department exceptions or rejection of
the terms of the written notice.
d.
Such written notice shall be deemed properly served if a copy is
delivered to the owner personally or sent by certified or registered
mail addressed to the owner at the last known address with return
receipt requested. If a certified or registered letter is returned
showing that the written order has not been delivered, a copy shall
be posted in a conspicuous place in or on the structure affected by
such notice. Service of such notice in the foregoing manner upon the
owner's agent or upon the person responsible for the crane shall
constitute service of notice upon the owner.
e.
The equipment determined to be unsafe by the Building Department/Borough
Engineer may be restored to a safe condition. To the extent that repairs,
alterations or additions are made during restoration of such equipment,
such repairs, alterations or additions shall comply with all applicable
codes.
f.
Any person who refuses or neglects to comply with the requirements
of notice to abate an unsafe condition shall be subject to a fine
in accordance with Subection 4-28.9.
[Added 1-25-2022 by Ord.
No. 22-01]
a.
Any person who operates a crane without meeting the requirements
of this section or any rule or regulation promulgated thereunder shall
be subject to a fine of not less than $100 and no more than $2,000
for each violation. Each day of illegal operation shall constitute
a separate and distinct offense.
b.
Any person or company who employs an unlicensed person as a crane
operator or who permits or directs an unlicensed person to operate
a crane shall be subject to a fine of not less than $100 nor more
than $2,000 for each violation. Each day of illegal operation shall
constitute a separate and distinct offense.
