[1985 Code § 4-1.1]
Auctioneers, hawkers, peddlers, junk dealers, itinerant vendors
of merchandise, are hereby required to obtain licenses from the Borough
Clerk for the privilege of exercising the right to act as auctioneers,
hawkers, peddlers, junk dealers and itinerant vendors of merchandise.
Nothing in this subsection shall require any person to take out a
license for the sale of any product of his farm situated in this State.
[1985 Code § 4-1.2; Ord. No. 2/15/90]
The fees for such license shall be:
For auctioneers of real estate: $25.
For auctioneers of personal property: $10.
For hawkers, peddlers or itinerant vendors of merchandise or
food: $5.
For hawkers, peddlers or itinerant vendors of merchandise; junk
and rag dealers, each wagon: $75.
Traveling and other shows per day: $10.
[1985 Code § 4-1.3]
Such license shall be procured from the Borough Clerk and shall
expire on the first day of June next following the date of issue.
[1985 Code § 4-1.4]
No person shall act as auctioneer or as an itinerant vendor
of merchandise or to do hawking or peddling or to buy or trade in
any kind of junk in the Borough without having first procured a license
therefor issued for any of the purposes by the Borough Clerk.
[Added 6-7-2018 by Ord. No. 07-2018]
a.
Definition.
As used in this section, "itinerant mobile retail food establishments"
shall mean any movable restaurant, truck, van, trailer, car, bicycle,
watercraft, or other movable unit including hand-carried, portable
containers in or on which food or beverage is transported, stored,
or prepared for retail sale or given away at temporary locations as
described below.
b.
Permits Required. No person shall prepare, sell, expose for sale or dispense any ice cream, ice cream products, water ices, frozen water products or any food, cooked or uncooked, or any drinks or beverages for immediate consumption on any street, sidewalk, road, alley, vacant lot, schoolyard, churchyard or outside areas in any of the Borough's parks and recreational areas from an itinerant mobile retail food vendor unless such person complies in full with the permit and licensing requirements described in this section and as set forth in Chapter 4 of the Code of the Borough of East Newark.
c.
Fingerprinting
and Criminal Background Check Required. All mobile retail itinerant
food vendors, and those specifically catering to children, shall be
subject to the requirement of being fingerprinted and a criminal background
check performed by the Police Department specifically to identify
any proclivity by a prospective vendor to endanger a child.
d.
Review
of Background Check by Chief of Police; Issuance of Permit. No person
shall be issued an itinerant retail mobile food vendor permit by the
Health Department or Clerk's Office until the Chief of Police has
first reviewed the criminal background check and determined that a
prospective vendor does not have anything in his/her background that
would indicate an inclination or tendency to molest or endanger children.
The Chief of Police shall notify the Borough's Health Department and/or
Borough Clerk in writing that an itinerant mobile retail food vendor
has been approved to obtain a permit.
e.
Nontransference
of Permit. No permit issued by the Health Department to an itinerant
mobile retail food vendor shall be transferable.
f.
Revocation
of Permit. Any permit issued by the Health Department of Borough Clerk
to a mobile retail food vendor may be revoked by the Chief of Police
if, subsequent to the issuance of the permit, additional information
comes to the attention of the Police Department which would indicate
that the vendor could pose a threat to the health, safety and welfare
of children.
g.
Enforcement.
This section shall be enforced by the Police Department.
h.
Violations
and Penalties. Any person, operator, firm or corporation violating
any of the provisions of this section shall be subject to a fine not
exceeding $1,000 or to imprisonment for a term not exceeding 90 days
or both. Each and every violation of this section or each and every
day that a violation continues shall be construed as a separate and
distinct violation hereof. The Police Department is specifically designated
as the enforcement officers to service and execute process for violations
of this section.
[1985 Code § 4-2.1]
No person, except as in this section provided shall canvass,
solicit, distribute circulars or other matter; nor broadcast at large
by any device any matter; nor call from house to house in the Borough
without first reported to and received from the Chief of Police or
the officer in charge at the Police Headquarters, a written permit.
[1985 Code § 4-2.2]
The Chief of Police, or in his absence, the Officer in charge
at Police Headquarters, shall have power to grant permits to canvass,
which permits shall specify the number of hours or days that the permit
will be in effect, and such officer shall refuse to issue a permit
in all cases where the application of the canvasser, or further investigation
to be made at the discretion of such officer, shows that the canvasser
is not of good character or that he is canvassing for a project not
free from fraud. The Chief of Police, or in his absence, the officer
in charge at Police Headquarters, shall revoke the permit for failure
or refusal on the part of the permittee to observe the rules and regulations
herein set forth.
[1985 Code § 4-2.3; Ord. No. 8/14/01]
Before the permit may be issued, the canvasser shall make an
application to canvass, giving his or her full name and address, age,
height, weight, length and place of residence, whether or not previously
arrested or convicted of crime, by whom employed, address of employer,
clothing worn and a description of the project, for which he or she
is canvassing. Each applicant shall consent to a records check and
be photographed and pay the fee of $20 before a permit shall be issued.
[1985 Code § 4-2.4]
No person shall canvass, solicit, distribute circulars or other
matter, within the Borough except between the hours of 9:00 a.m. and
5:00 p.m. A copy of the permittee's photograph shall be furnished
by the applicant. The permittee shall exhibit his or her permit to
any Police Officer or other person upon request. The permittee shall
be courteous to all persons in canvassing, and shall not importune
nor annoy any of the inhabitants of the Borough, and shall conduct
himself or herself in a lawful manner. On expiration of the permit
the holder thereof shall surrender the same to the Officer in charge
at Police Headquarters. There shall be no canvassing, soliciting or
distribution of circulars or other matter, nor broadcast at large
by any device, on Sundays.
[1985 Code § 4-2.5]
This section shall not affect any person engaged in the delivery
of goods, wares or merchandise or other articles or things in the
regular course of business to the premises or persons ordering or
entitled to receive the same.
[Ord. No. 11-05 § 1]
a.
The Borough Clerk shall prepare a list of addresses of premises where
the owner and/or occupant has notified the Clerk that canvassing,
peddling, itinerant vending and door-to-door sales enterprises are
not permitted on the premises (hereinafter referred to as the "Do
Not Knock" Registry). Notification shall be made by completion of
a form available at the Office of the Borough Clerk during normal
business hours. The list shall be updated on January 1 and July 1
of each year.
b.
Any owner and/or occupant who has requested to be listed on the "Do
Not Knock" Registry, pursuant to paragraph a above, shall be able
to purchase from the Clerk's Office, for a nominal fee, a sticker
for display at his/her/its premises indicating his participation on
the "Do Not Knock" Registry.
[Ord. No. 11-05 § 2]
The Borough Clerk shall submit the "Do Not Knock" Registry to
the Chief of Police biannually to be distributed to applicants for
a license to peddle, canvass, itinerant vend or other door-to-door
sales pursuant to the provisions of this section. The licensee shall
not peddle, canvass, itinerant vend or conduct door-to-door sales
at any premises identified on the then current "Do Not Knock" Registry.
[Ord. No. 11-05 § 3;
New]
Any canvasser, peddler, itinerant vendor or owner or employee
of a door-to-door sales enterprise who violates any provision of this
section shall be:
a.
Subject to a maximum fine of $2,000 per offense;
b.
Subject to a one year revocation of any license issued pursuant to
this section; and
c.
Ineligible to receive a new license pursuant to this section for
a period of one year, coinciding with the terms of one year revocation
noted in paragraph b above.
[1985 Code § 4-3.1]
No person shall maintain or operate in any place of business,
of manufacture, of amusement, or social club, any machine vending
beverages, food, or merchandise in which coins are inserted unless
a license is obtained as hereinafter provided.
[1985 Code § 4-3.2]
No person shall maintain or operate in any place of business,
of manufacture, of amusement, or social club, any music machine or
device in which coins are inserted, unless a license is obtained as
hereinafter provided.
[1985 Code § 4-3.3]
United States postage vending machines, telephone coin boxes,
weighing machines or similar devices, which merely render a service,
are hereby excluded from provisions of this section.
[1985 Code § 4-3.4]
Application for a license shall be made jointly by the occupant
of the premises where the machine is to be maintained and operated
and the owner of the machine or device. The application shall set
forth the name and address of the applicant, the type of machine or
device and its serial number.
[1985 Code § 4-3.5]
After an application has been filed with the Borough Clerk,
the Clerk shall submit it to the Mayor and Borough Council at its
next meeting following the filing of such application.
[1985 Code § 4-3.6; Ord. 2/5/90]
The license fee for juke boxes shall be $100 annually for each
machine. The license fee for vending machines shall be $50 annually
for each machine. Licenses shall expire at midnight on June 30 following
the date of such application.
[1985 Code § 4-3.7]
If the application for a license is granted, it shall be issued
in the name of the occupier of the premises where the machine or device
is maintained and operated. The license shall be displayed conspicuously
in the premises.
[1985 Code § 4-3.8]
A license may not be granted to any person not of good moral
character or who has been convicted of any violation pertaining to
the issuance of licenses. No license shall be issued to any corporation
whose officers would not qualify for a license under this section.
[1985 Code § 4-3.10]
Licenses granted under the provisions of this section shall
not be transferable.
[1985 Code § 4-8.1]
As used in this section:
Shall mean any person who leases or rents out or places under
any kind of arrangement, one or more coin-operated amusement devices
or appliances, electrical or automatic, including coin-operated tables
or billiard tables.
Shall mean any individual, firm, member of firm, partnership,
member of partnership, corporation or any officer, director or stockholder
of the corporation.
Shall mean any mechanical or computerized or digital device
or contrivance which by means of the insertion of a coin, token, slug,
disc or other attachment connected with or forming a part of any devices
or contrivances which permits the player to operate a plunger or rod
which strikes a ball or balls, thus constituting a game, contest or
amusement.
Shall mean any public or quasi-public place, building, store
or place of business.
[1985 Code § 4-8.2]
a.
Distributor's License. No person shall distribute to any place in
the Borough any coin amusement device, as herein described, for the
purpose of operation without having received a license which shall
be designated as a "distributor's license."
b.
Operator's License. No person shall place, maintain, operate or permit
to be placed, maintained or operated on premises for which he is responsible,
any coin- operated amusement device, as herein defined, without having
received a license, which shall be designated as an "operator's license."
c.
Retail License. No person shall permit to be placed, maintained,
operated or used on premises for which he is responsible for any coin-operated
amusement device, as herein defined, without having received license
for each device, which shall be designated as a "retail license."
[1985 Code § 4-8.3]
Nothing in this section shall in any way be construed to authorize,
license or permit any gambling devices whatsoever of any mechanism
that has been judicially determined to be a gambling device, or in
any way contrary to law, or that may be contrary to any future law
of the State of New Jersey.
[1985 Code § 4-8.4]
Any person displaying for public patronage or keeping for operation
any such coin- operated amusement devices or appliances, electrical
or automatic, or who shall distribute any device shall be required
to obtain a license from the Borough upon payment of a license fee.
Application for such license shall be made to the Borough Clerk upon
forms to be prepared by him. Such forms shall be so prepared as to
require the applicant to state further his name, address, the location
of premises to be licensed, a brief description of the nature of and
the number, if any, of each machine to be covered by the license;
in the case of a distributor it shall not be necessary to identify
by number any particular machine but the general nature of the machines
distributed by him shall be stated. The form shall further require
that the licensee state the location of the licensed premises and
the nature of any business to be conducted there not subject to the
license. The form shall provide for such other pertinent information
to assist the Mayor and Borough Council in determining whether the
applicant is entitled to the license.
[1985 Code § 4-8.5]
Upon receipt of the application which shall be accompanied by
the license fee, the Borough Clerk shall refer the same to the Chief
of Police for investigation, and shall present the application with
the report of the Chief of Police to the Mayor and Council and upon
approval of the application by the Mayor and Council, the Clerk shall
issue the license.
[1985 Code § 4-8.6; Ord. 2/15/90]
License fees shall be in the following amounts:
[1985 Code § 4-8.7]
The license or licenses herein provided for, shall be posted
permanently and conspicuously at the location of the device or appliance
in the premises wherein same is to be operated or maintained to be
operated. A license shall not be transferable from person to person,
nor place or place, and shall be usable only by the person designated
in the license. A license may apply to or cover any other like machine
operated in the same place in substitution of the machine originally
covered by the license. In such event, the licensee shall immediately,
notify the Borough Clerk of such substitution, together with full
information identifying the original machine and the one substituted.
[1985 Code § 4-8.8]
Any person who shall permit a minor under the age of 16 years,
to play or operate any of the devices or machines, coin-operated pool
tables or billiard tables licensed by this section shall be deemed
to be guilty of a violation of this section and shall be punishable
as hereinafter provided.
[1985 Code § 4-8.9]
Licenses issued under this section are subject to revocation
should the licensee directly or indirectly possess, display or operate
or permit such possession, display or operation of any coin-operated
amusement device or appliance, electrical or automatic, including
coin-operated pool tables or billiard tables, contrary to the provisions
of the section, or any other ordinance of the Borough; or the law
of the State of New Jersey, or the United States of America. The license
may be revoked by the Mayor and Council after hearing, upon written
notice to the licensee, which notice shall specify the ordinance or
law or violation with which the licensee is charged. Five days' notice
of the hearing shall be given to the licensee, at which hearing the
licensee or his Attorney may be present to submit evidence in his
defense.
[1985 Code § 4-7.1]
No person shall furnish or use any entertainment in any place
of business, unless a license is obtained as hereinafter provided.
[1985 Code § 4-7.2]
As used in this section:
Shall mean "live" entertainment, as distinguished from entertainment
emanating from mechanical devices or machines.
[1985 Code § 4-7.3]
The entertainer set out in subsection 4-7.1 shall be restricted to performing as a singer. Performers known as Go-Go Girls, Exotic Dancers and any act or performance which entails the use of any animal, bird or reptile is expressly prohibited.
[1985 Code § 4-7.4]
Application for a license shall be made by the owner or proprietor
of the business where the entertainment is to be used or furnished.
The application shall set forth the name and address of the applicant,
the type of entertainment and the hours during which the entertainment
shall be furnished. The entertainment, except in establishments which
have areas known as halls, primarily used for dances, dinners, weddings,
and other receptions, shall be restricted to one musical instrument
and one other entertainer or performer in addition to the one employing
a musical instrument.
[1985 Code § 4-7.5]
After such application has been tendered to the Borough Clerk,
it shall be submitted by him to the Mayor and Borough Council at its
next meeting following the filing of such application.
[1985 Code § 4-7.6; Ord. 2/15/90]
The license fee where only one person performs shall be $25;
the license fee where more than one person performs shall be $150.
The license, when issued, shall be for a period of one year.
[1985 Code § 4-7.7]
No person or corporation licensed as aforesaid, shall furnish
entertainment between the hours of 1:00 a.m., prevailing time, and
7:00 a.m. prevailing time.
[1985 Code § 4-7.9]
Licenses granted under the provisions of this section shall
not be transferable.
[1985 Code § 4-10.1]
No person within the Borough shall have, keep, own, maintain or use any billiard or pool table upon which others are permitted to play in return for money or anything of value, or on credit on his account, or on account of any person or for profit of any kind to the owner thereof, under a penalty as set forth in Section 1-5, unless that person is licensed under this section.
[1985 Code § 4-10.2]
The Mayor and Borough Council may grant licenses under the hand
of the Mayor and this seal of the Borough attested by the Borough
Clerk to such persons or incorporated companies as they shall think
proper, of good character and otherwise qualified, according to the
provisions of this section to carry on the trade or business of having,
keeping, owning, maintaining or using any billiard or pool tables
upon which others are permitted to play, in return for money or anything
of value, or on credit to his account, or on account, or on account
of any person whatsoever or for profit of any kind of the owner thereof.
[1985 Code § 4-10.3]
A written application shall be filed with the Borough Clerk
at least 30 days before the meeting at which the Borough Council is
to act on same. The license shall be for a period of one year and
a written request to the Borough Clerk for renewal thereof shall be
filed in his office at least 30 days before the expiration of the
current license.
[1985 Code § 4-10.4]
It shall be the duty of the Borough Clerk to keep a register
of all licenses granted in accordance with this section.
[1985 Code § 4-10.5]
Each location licensed under this section shall display the
license in a prominent and conspicuous place at the place where the
business is conducted.
[1985 Code § 4-10.6]
The place where the business, trade or occupation is carried
on, shall at all times be open to the inspection and shall be under
the control and regulation of the Chief of Police of the Borough.
The Chief of Police is hereby authorized to make and promulgate such
further rules and regulations with respect to the business, trade
or occupation as shall be reasonable and proper for the maintenance
of the peace and good morals of the Borough.
[1985 Code § 4-10.7]
This section shall not be considered as affecting any organization,
fraternal order or other private association which maintains, operates
or has pool or billiard tables for the use of members only.
[1985 Code § 4-10.8; Ord. 2/15/90]
A fee of $100 shall be paid by each person or incorporated company
to the Borough Clerk for the use of the Borough upon the issuing of
the license provided for in this section.
[1985 Code § 4-10.9]
The place where the business, trade or occupation as aforesaid
is carried on shall at any or all times have the entire interior of
such room or place in which the business is conducted open to full
view from the public street and the view shall not be obstructed by
the use of nontransparent glass, of a shade, blind, shutter, screen
merchandise or any other article placed within or without the building
in which such room is located.
[1985 Code § 4-10.10]
The business, trade or occupation shall not be carried on the
first day of the week, commonly known and designated as "Sunday,"
and on Sunday all billiard or pool tables in the licensed premises
shall be covered entirely by cloth or other material.
[1985 Code § 4-10.11]
No license shall be issued to conduct the business of pool or
billiard tables to anyone where the place in which it is intended
to conduct same shall be below the level of the surface of the adjoining
street.
[1985 Code § 4-10.12]
Any license granted pursuant to the terms of this section may
be revoked by resolution of the Mayor and Council upon hearing and
for due cause shown. In the event that any license is revoked, the
proportionate part of the license fee which the unexpired period of
the license bears to the entire period for which the license is issued
shall thereupon be returned to the licensee.
[1985 Code § 4-10.13]
No person under the age of 16 years shall be permitted to play
pool or billiards in any place licensed pursuant to the terms of this
section.
[1985 Code § 4-10.14]
No games of chance, gaming, gambling, playing for money among
contestants or any other such practices shall be permitted in any
place where the business of pool or billiard tables shall be carried
on pursuant to the terms of this section.
[1985 Code § 4-10.15]
No license granted in accordance with this section is transferable.
[1985 Code § 4-10.16]
Any person violating any provision of this section shall be liable to the penalty established in Chapter 1, Section 1-5. If any person shall be convicted twice of the violation of any of the provisions of this section the Court before which such conviction is had shall, in addition to all other penalties that may be imposed, add that such person so convicted shall be disqualified from having or receiving a license to conduct this business, trade or occupation in the Borough.
[1985 Code § 4-9.1]
It shall be unlawful for any person to hold himself or herself
out to the public as a phrenologist, craniologist, astrologist, handwriting
analyst or horoscope reader, within the Borough, without obtaining
a license for such purpose.
[1985 Code § 4-9.2]
Any person desiring a license as required by the subsection 4-9.1 shall make his application on blanks to be supplied by the Borough Clerk.
[1985 Code § 4-9.3]
Such applicant shall consent to a records check and shall furnish
a photograph of himself two inches by two inches front view.
[1985 Code § 4-9.4]
The fee for each license shall be the sum of $500, and all such
licenses shall be valid for the period of one year from the day and
date of issue, unless sooner revoked; and all such licenses shall
be signed by the Mayor and Borough Clerk. Such licenses granted, pursuant
to this section shall designate the place at which the licensee shall
conduct such business, and it shall be unlawful for such licensee
to conduct the business in any place other than that designated in
the license. These licenses shall not be transferable.
[1985 Code § 4-9.5]
No license shall be issued under this section to any person
who has been convicted of a crime, and further, no license shall be
given to any person who has been convicted of an offense against either
the Crimes Act of the State of New Jersey or the Disorderly Persons
Act, and if any person holding a license shall be convicted of any
crime or shall be convicted of any offense against either the Crime
Act of the State of New Jersey or the Disorderly Persons Act, then
the license of such person shall be forthwith cancelled and reverted
to the Borough.
[1985 Code § 4-9.6]
Every applicant having a license under this section shall fill
out a form of application disclosing his or her name, post office
address, whether or not he or she has ever been convicted of any crime
or offense within the purview of this section, and the location in
which such business or science is to be practiced, the size of the
room or rooms to be used, and such other information as the Borough
shall deem either necessary or proper, which application shall state
whether or not applicant is a citizen of the United States.
[1985 Code § 4-9.7]
Any persons violating any provisions of this section shall, upon conviction, shall be liable for the penalty established in Section 1-5.
[1985 Code § 4-9.8]
The fees herein imposed for such license are imposed for revenue.
[1985 Code § 4-9.9]
As used in this section:
Shall mean to include persons, firms, copartnerships and
corporations.
[1985 Code § 4-9.10]
It shall be a condition to the issuance of any and all licenses
under this section that the business shall be used and operated only
for lawful purposes.
[1985 Code § 4-9.11]
No license shall be granted under this section until the Construction
Official and the Chief of the Fire Department shall certify in writing
to the Borough Council that the applicant has complied with all ordinances
and regulations respecting the protection of life and property, relating
to such places; and the Construction Official and Chief of the Fire
Department shall have the right to inspect the licensed premises to
make certain that there are no violations of ordinances and regulations
respecting the protection of life and property.
[1985 Code § 4-9.12]
The license shall be conspicuously displayed on the premises
where the business is conducted.
[Ord. No. 03-09 § 2]
Shall mean and include any automobile or motor car used in
the business of carrying passengers for hire to provide prearranged
passenger transportation at a premium fare on a dedicated, nonscheduled
charter basis that is not conducted on a regular route and with a
seating capacity in no event of more than 14 passengers, not including
the driver, provided that such a vehicle shall not have a seating
capacity in excess of four passengers, not including the driver, beyond
the maximum passenger seating capacity of the vehicle at the time
of manufacture. Nothing in this section shall be construed to include
taxicabs, hotel buses or buses employed solely in transporting school
children or teachers or autobuses which are subject to the jurisdiction
of the Department of Transportation, or interstate autobuses required
by Federal or State law or regulations of the Department of Transportation
to carry insurance against loss from liability imposed by law on account
of bodily injury or death.
Shall mean and include the business of carrying passengers
for hire, by limousines.
Shall mean and include any individual, partnership, association,
corporation or joint-stock company, their lessees, trustees or receivers
appointed by any court whatsoever.
Shall mean and include street, avenue, court, park, parkway,
highway or other public place.
[Ord. No. 03-09 § 3]
No person, firm, partnership, association or corporation shall
operate or conduct the business of a limousine or livery service which
has its principal place of business within the Borough of East Newark
without having first obtained a license for said purpose in accordance
with this section.
[Ord. No. 03-09 § 4]
a.
Every owner of a limousine or livery service having its principal
place of business within the Borough of East Newark shall make application
to the Borough Clerk, on forms to be provided by the Clerk, simultaneously
with the filing of the required insurance certificate and power of
attorney, as provided in N.J.S.A. 48:16-14, evidencing proof of insurance
in the amount of $1,500,000 against loss by reason of the liability
imposed by law upon every limousine owner for damages on account of
bodily injury or death suffered by any person as the result of an
accident occurring by reason of the ownership, maintenance or use
of the limousine upon any public street, and unless such application
is submitted, the Clerk shall not accept for filing the certificate
of insurance and power of attorney, and shall not issue a certificate
of compliance as described in N.J.S.A. 48:16-17.
b.
No limousine or livery service registered to another state or the
District of Columbia shall conduct wholly intrastate operations on
the highways of this State unless the owner of the limousine has proof
of insurance in the amount of $1,500,000 as provided for in N.J.S.A.
48:16-14 for limousines registered in this State, and is licensed
pursuant to N.J.S.A. 48:16-17 in a municipality in which it has a
bona fide registered business address.
c.
Each application shall set forth the following information and shall
be sworn to or affirmed by the applicant:
1.
The year, make, model, vehicle identification number, license plate
number and color of each vehicle;
2.
Name and address of insurance company and policy number;
3.
Name and address of each employed driver and New Jersey operator's
license number;
4.
The principal location of each vehicle when not being operated upon
the streets as a limousine;
5.
The home and business address of the owner of the vehicle;
6.
A statement as to whether the applicant has ever been convicted of
a crime and if the applicant has been convicted of a crime, a complete
statement concerning dates and disposition thereof. In case of a corporate
applicant, the statement shall be completed as to each officer, director
and owner of more than 10% of stock in the corporation.
[Ord. No. 03-09 § 5]
The application shall be accompanied by a fee in the amount
of $50.
[Ord. No. 03-09 § 6]
Upon receipt of a completed application, together with payment
of the requisite fee and filing of the insurance certificate and power
of attorney required under N.J.S.A. 48:16-14 and 48.16-16, the Clerk
shall present the application for approval of the Governing Body at
the next regularly scheduled meeting.
[Ord. No. 03-09 § 7]
Upon approval of the Governing Body, the Clerk shall issue a
certificate of compliance, which shall remain in effect only for the
period that the insurance described in the certificate filed with
the Borough Clerk remains in full force and effect, the limousine
service license and registration issued by the New Jersey Motor Vehicle
Commission remains valid and the vehicle or vehicles covered by said
application are operated by duly licensed motor vehicle operators
with appropriate licenses issued by the New Jersey Motor Vehicle Commission.
[Ord. No. 03-09 § 8]
Upon approval of the Governing Body, the Clerk shall be directed
to issue, in duplicate, a license to operate showing that the owner
of the limousine has complied with the provisions of N.J.S.A. 48:16,
which shall recite the name of the insurance company, the number and
date of expiration of the policy, a description of every limousine
issued thereunder and the registration number of same. The original
license shall be retained within the limousine and available for inspection
at all times. The duplicate license shall be filed with the Motor
Vehicle Commission before any such car is registered as a limousine.
[Ord. No. 03-09 § 9]
The approval of the Governing Body may be revoked after notice
and hearing, whenever it shall appear that the person to whom the
approval was granted has failed to furnish or keep in force the insurance
policy required by this section or to comply with the terms or conditions
imposed by the Governing Body of the Borough of East Newark, or any
law of this State.
[Ord. No. 03-09 § 10]
All licenses issued pursuant to this section shall be and remain
valid for a period of one year, commencing on the first day of the
month in which the Governing Body shall have granted approval.
[Ord. No. 03-09 § 11]
[1985 Code § 4-4.1]
As used in this section:
Shall mean and includes an individual, a corporation or other
legal entity, a partnership and any unincorporated association.
Shall mean a motor vehicle regularly engaged in the business
of carrying passengers for hire, having a seating capacity of less
than seven persons and not operated on a fixed route.
[1985 Code § 4-4.2]
It shall be unlawful for any person to operate or permit a taxicab
owned or controlled by him to be operated upon the streets of the
Borough of East Newark without having first obtained a taxi owner's
license pursuant to the provisions of this chapter.
[1985 Code § 4-4.3]
It shall be unlawful for any person to operate a taxicab or
permit a taxicab owned or controlled by him to be operated upon the
streets of the Borough unless the driver of the taxi shall have a
taxi driver's license issued pursuant to the provisions of this section.
[1985 Code § 4-4.4]
An application for a taxi owner's license shall be addressed
to the Mayor and Council of the Borough and filed with the Borough
Clerk. The application shall be verified under oath and shall furnish
the following information:
a.
The name and address of the applicant, if an individual; and directors;
and if a partnership, the names and addresses of all partners.
b.
Age of the applicant, if an individual; if a corporation, the ages
of its officers and directors; and if a partnership, the ages of all
partners.
c.
If a corporation, the date and state of incorporation and the citizenship
of its officers and directors; and if a partnership, the citizenship
of all partners.
d.
A statement indicating whether or not the applicant was ever convicted
of a crime; and if the applicant is a corporation, setting forth whether
any of its officers or directors were ever convicted of a crime; and
if a partnership, setting forth the information as to all partners.
e.
The experience of the applicant in the transportation of passengers.
f.
Facts which the applicant believes tend to prove that public convenience
and necessity require the granting of the taxi owner's license.
g.
The number of vehicles to be operated or controlled by the applicant
and the location of proposed depots and terminals.
h.
A description of the vehicle or vehicles for which the license is
sought, including make, year, color, serial number, passenger capacity
and insignia, if any, to be used.
i.
A schedule of the fares proposed to be charged.
j.
Such other information as the Mayor and Borough Council may require
as being in the interest of public safety.
[1985 Code § 4-4.5]
a.
Upon the filing of an application, the Mayor and Borough Council
shall fix a time and place for a public hearing thereon. Notice of
such hearing shall be given to the applicant and to all persons to
whom taxi owner's licenses have been theretofore issued. Due notice
shall also be given the general public by publishing a notice of such
hearing at least seven days but not more than 14 days before the hearing
in a newspaper circulating in the Borough.
b.
Every applicant shall be at least 18 years of age. If the applicant
is a corporation, the officers and directors shall be at least 18
years of age, and if a partnership, all partners shall be at least
18 years of age.
c.
If the Mayor and Council finds that further taxicab services in the
Borough are required by the public convenience and necessity, and
that the applicant is fit, willing and able to perform such public
transportation and to conform to the provisions of this section and
the rules promulgated by the Mayor and Council, then the taxi owner's
license shall be issued upon payment of the required license fee as
hereinafter set forth and compliance with other provisions of this
section.
d.
In making the above findings, the Mayor and Council shall take into
consideration the number of taxicabs already in operation, whether
existing transportation is adequate to meet the public need, the probable
effect of increased service on local traffic conditions, and the character,
experience, and responsibility of the applicant.
[1985 Code § 4-4.6; New]
Compliance with the following requirements are required prior
to issuance of a taxi owner's license:
a.
Payment of a $25 fee for each taxicab for the term of one year or
fraction thereof. The term shall be from July 1 to June 30 the following
year. A license for every year thereafter shall be issued upon the
payment of $25, unless the license for the preceding year has been
revoked, or the application is unable to qualify for the preceding
year, or the application is unable to qualify for the license under
the provisions of this section.
b.
All applicants shall comply with the applicable provisions of N.J.S.A.
48:16-1 et seq., as amended and supplemented, which requires liability
insurance to be provided in a sum of not less than $10,000 to satisfy
all claims for damages by reason of bodily injury to or the death
of any one person, resulting from an accident, and a sum of not less
than $20,000 to satisfy all claims for damages by reasons of bodily
injuries to or the death of all persons on account of any such accident.
c.
Every vehicle to be licensed shall be thoroughly examined and inspected
by the Police Department and if found to be in safe operating condition
for the transportation of passengers, clean in appearance and in a
sanitary condition, a certificate to that effect shall be issued by
the Police Department. The vehicle shall be subject to spot checks
at any reasonable hour by the Police Department.
d.
Applicants shall consent to and pay the cost of a criminal background
check.
[1985 Code § 4-4.7]
a.
An application for a taxi driver's license shall be addressed to
the Mayor and Borough Council and filed with the Borough Clerk. Such
application shall be verified under oath and shall contain the following
information:
1.
The name, address and age of the applicant.
2.
A statement as to whether or not the applicant has ever been convicted
of a crime.
3.
The names and addresses of at least two residents of the Borough
who have known the applicant for a period of at least two years and
who will vouch for the sobriety, honesty and general good character
of the applicant.
4.
The experience of the applicant in the transportation of passengers.
5.
The educational background of the applicant.
6.
A concise history of his employment.
b.
Every applicant for a taxi driver's license shall be at least 18
years of age; provided, however, that this age requirement shall not
be applicable to any taxi drive employed as such in the Borough on
the effective date of this section and the holder of a State driver's
license issued by the State of New Jersey.
Every applicant shall be in good health with good eyesight,
of good character, with knowledge of the traffic regulations and geography
of the Borough and able to read and write the English language. He
shall furnish with this application a certificate from a reputable
physician certifying that in his opinion the applicant is not afflicted
with any disease or infirmity which might make him an unsafe or unsatisfactory
driver, and he shall also furnish with his application two recent
identification photographs of himself, approximately 1 1/2 by
1 1/2 inches in size and consent and pay the charges for a records
check and a copy of his fingerprints taken by the Police Department
of the Borough; and the applicant shall furnish such other information
as the Mayor and Council may require.
[1985 Code § 4-4.8]
Before an application for a taxi driver's license is finally
passed upon, the Police Department shall conduct an investigation
of each applicant, and a report of such investigation, with a copy
of the traffic and Police record of the applicant, if any, shall be
attached to the application for the consideration of the Mayor and
Council. The Mayor and Council shall, upon consideration of the application
and the reports and certificates required to be attached thereto,
approve or reject the application. Upon approval of an application
for a taxi driver's license, the Mayor and Council shall issue a license
to the applicant upon the payment of a fee of $5, which license shall
bear the name, address, color, age, signature and photograph of the
applicant. Such license shall be on the first day of January. A license
for every year thereafter shall be issued upon the payment of $5,
unless the license for the preceding year has been revoked or the
applicant is unable to qualify as a taxi driver under the provisions
of this section. The Chief of Police may issue a temporary license
pending approval of a permanent license.
[1985 Code § 4-4.9]
Every taxi driver operating a taxicab shall display in a suitable
frame, or frames attached to the rear and the front seat of this taxicab,
his taxi driver's license, picture and inspection certificate.
[1985 Code § 4-4.10]
A taxi owner's license or taxi driver's license issued under
the provisions of this chapter may be revoked or suspended by the
Mayor and Council if the holder thereof has violated any of the provisions
of this section, discontinued operations for more than 30 days, violated
any ordinances of the Borough or the laws of the State of New Jersey
or the United States of America. Prior to suspension or revocation,
the holder shall be given notice of the proposed action to be taken
and shall have an opportunity to be heard.
[1985 Code § 4-4.11]
Every vehicle operating under this section shall be inspected
by the Police Department every three months or at such other interval
as shall be established by the Mayor and Council to ensure the continued
maintenance of safe operating conditions and that each vehicle is
clean and sanitary. No license issued under this section shall be
sold, assigned, mortgaged or otherwise transferred without the consent
of the Mayor and Council of the Borough.
[1985 Code § 4-5.1]
As used in this section:
Shall mean any open air plot of ground, lot or land within
the Borough where motor vehicles are exhibited for sale or are stored,
parked, kept or located for compensation.
[1985 Code § 4-5.2]
No person shall manage, conduct, operate or carry on the business
of an open air parking station as defined by this section, without
first having obtained a license therefor as hereinafter provided.
[1985 Code § 4-5.3]
The application for such license for the business of managing,
conducting and caring of an open air parking station shall be made
to the Borough Clerk on forms to be supplied by him, and shall specify
the location of the open air parking station and the number of square
feet of area occupied thereby. After such application has been filed
with the Borough Clerk, it shall be submitted by him to the Mayor
and Council of the Borough as its next meeting following the filing
of such application.
[1985 Code § 4-5.4; Ord. 2/15/90]
The annual license fee for such open air parking station shall
be determined by multiplying the number of square feet of area occupied
by the open air parking station by $0.02. Such permit or license shall
run for a period of one year commencing July 1 and ending June 30
of any year. If at the time of the application for a license under
the provisions of this section less than six months of the current
year have expired, the applicant shall be required to pay 1/2 of the
full fee for the year.
[1985 Code § 4-5.5]
The licenses issued hereunder are not transferable or assignable
except with the consent of the Mayor and Council, and the business
shall be conducted only at the place therein specified.
[1985 Code § 4-5.7]
The provisions of this section shall not apply to, or be understood
to apply to any lot, or plot of land occupied by a public garage building
wherein the business of public automobiles repair or storage is maintained
or conducted but this shall not be construed to exempt any premises
adjacent to any such garage building, from the provisions of this
section.
[1985 Code § 4-5.8]
A license may not be granted to any person not of good moral
character or who has been convicted of any violation pertaining to
the issuance of licenses. No license shall be issued to any corporation
whose officers would not each qualify for a license under this section.
[1985 Code § 4-6.1]
No person shall carry on in the Borough the business of bill
posting of displaying printed or written advertising matter without
obtaining a license for that purpose as hereinafter provided.
[1985 Code § 4-6.2]
Any person, who is a citizen of the United States, may be licensed
by the Mayor and Council to engage in and conduct within the Borough
the business of bill posting or posting signs. The license shall be
granted only on application to the Mayor and Council. The application
shall be filed with the Borough Clerk before the meeting of the Council
at which it may be acted on and if approved, shall continue in force
for one year. The license shall receive such certificate in writing
as is customarily given to persons for other purposes by the Mayor
and Council. The applicant shall pay to the Tax Collector the sum
of $25 as an annual license fee on making such application and shall
also enter into bond to the Mayor and Council of the Borough, with
good and sufficient surety, to be approved by the Mayor and Council
in the penal sum of $1,000 conditioned for the due observance of the
provisions of all ordinances of the Borough of East Newark as may
be in force at any time during the continuance of the license until
the certificate has been actually issued and delivered and the license
fee paid and the bond given as provided.
[1985 Code § 4-6.3]
The licensee, his officers, agents and employees, while engaged
in the act of posting any posters, cards, signs, circulars, advertisements
or notices, or while doing in public any act or thing authorized by
the provisions of this section shall wear a badge with the following
words conspicuously printed thereon "Licensed Bill Poster," followed
by the licensee's name. It shall be unlawful for any officer, agent
or employee of the licensee to wear the above described badge before
the issuing of the license.
[1985 Code § 4-6.4]
No person who shall not have been licensed as herein provided or who shall not be an officer, agent or employee of such licenses shall post any bills, circulars, notices or other advertisements in the Borough under a penalty as set forth in Section 1-5.
[1985 Code § 4-6.5]
Nothing herein shall be construed to authorize any person to
scatter or throw, upon the streets, sidewalks, alleys or public places
in the Borough, posters, hand bills, advertisements or paper, or to
obstruct the streets, sidewalks, alleys, or public places of the Borough
or create any nuisance therein, or prevent the posting of notices
required by law to be posted by persons duly authorized to post the
same.
[1985 Code § 4-6.6]
Nothing contained herein shall be construed as to prevent any
person residing or transacting business in the Borough from advertising
the business in which such person is directly engaged, or from displaying
signs or posters upon the building or premises occupied by any such
person, or so as to prevent the proprietor of any licensed place of
amusement or recreation in the Borough from displaying bills or posters
advertising any entertainment in such place on any billboard owned
or leased by such proprietor.
[1985 Code § 4-6.7]
Any person licensed hereunder may erect billboards and display
signs in any of the streets or any other places in this Borough provided,
however that no person so licensed shall erect any billboard or post
any bills or display any signs in front of any premises in the Borough
without the consent of the owner or occupant of the property first
obtained and without the written consent of the Borough Clerk and
subject also to removal at the direction of the Mayor and Council.
Nothing herein shall be construed to authorize any obstruction of
the streets, sidewalks, alleys or public places within the Borough.
[1985 Code § 4-6.8]
No person shall distribute, deposit, or leave on public streets
or private property within the Borough any advertisements, circulars,
throwaways, cards, pamphlets, any advertising matter, or notices recommending
for sale, any kind whatsoever, without first obtaining a permit from
the Borough Clerk.
[1985 Code § 4-6.9]
An annual fee of $10 shall be charged for each permit.
[1985 Code § 3-10.1]
It shall be unlawful for any person to operate or conduct any
laundry, launderette, cleaning or dyeing business where articles are
processed in or on any premises in the Borough, after the hour of
10:00 p.m. and before the hour of 7:00 a.m. on all days.
[1985 Code § 3-10.2]
All wholesale laundry, cleaning and dyeing plants are excluded
from the provisions of this section.
[1985 Code § 3-10.3]
Coin operated laundry machines in apartment houses are excluded
from the provisions of this section.
[Ord. No. 09-00 Preamble]
As a result of rapidly changing technology, people are capable
of conducting certain low intensity and unobtrusive businesses from
their homes. The advent and improvement of telephones, answering machines,
pagers, cellular communications, broadband cable, copy machines, facsimile
machines, computers and the internet have brought changes in the manner
in which business may be conducted.
The Borough of East Newark recognizes that with such changes
in technology certain business activities may be conducted from a
residence without infringement upon the right of all persons residing
in a residential zone district to be free from the adverse impacts
of business use. Not withstanding the foregoing, the first priority
and paramount concern is to preserve and protect the peace and tranquility
of the Borough's residential zoning districts.
[Ord. No. 04-00 § 1]
Home office use, meaning an office activity carried on for gain
by a resident in a dwelling unit, shall be permitted accessory use
in residential zone districts, provided:
a.
The use is limited solely to office use;
b.
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons;
c.
No nonresident employees, customers, business invitees or guests
shall visit the dwelling unit for business purposes;
d.
The use shall be located in only one room of the dwelling unit which
shall not be served by an entrance separate from the household;
e.
Interior storage of materials shall only consist of office supplies;
f.
There shall be no change to the exterior of buildings or structures
because of the use and no outside appearance of a business use, including,
but not limited to, parking, storage, signs, or lights shall be permitted;
g.
The use operates no equipment or process that creates noise, vibration,
glare, fumes, odors, or electrical or electronic interference, including
interference with telephone, radio or television reception which could
be detectable by neighboring residents;
h.
The use does not require any increased or enhanced electrical or
water supply;
i.
The quantity and type of solid waste disposal is the same as other
residential uses in the zone district;
j.
The capacity and quality of effluent is typical of normal residential
uses and creates no potential or actual detriment to the sanitary
sewer system or its components;
k.
Delivery trucks shall be limited to the U.S. Postal Service, United
Parcel Service, Federal Express, and other delivery services providing
regular service to residential uses in the zone district;
l.
All vehicular traffic to and from the home office use shall be limited
in volume, type and frequency to what is normally associated with
other residential uses in the zone district.
