[1969 Code § 50-1; Ord. No. 2016-23]
The creation of any unreasonably loud, disturbing and unnecessary
noise in the Borough of Elmwood Park, or which has an effect on the
residents of Elmwood Park, is prohibited.
[1969 Code § 50-2; Ord. No. 2016-23]
The following acts, among others, are declared to be disturbing
and unnecessary noises in violation of this section, but this enumeration
shall not be deemed to be exclusive.
a.
The sounding of any horn or signal device on any automobile, motorcycle,
bus or other vehicle, except as a danger signal or other warning signal.
b.
The playing of any radio, musical instrument, electronic or sound
producing device in such a manner or with such volume, including,
but not limited to, the hours between 11:00 p.m. and 7:00 a.m., as
to annoy or disturb the quiet, comfort or repose of persons in any
dwelling, hotel, apartment house or other location in Elmwood Park.
c.
The keeping of any animal or bird which, by frequent or long-continued
noise, shall disturb the quiet, comfort or repose of any person in
the vicinity. No person shall own any dog or other animal which habitually
barks, howls, cries or makes other noise over a prolonged period of
time, whether during the day or night. No person shall own more than
one animal, including dogs, which as a collective group habitually
bark, cry, howl or make other noise over a prolonged period of time,
whether during the day or night. Nothing in this section shall prohibit
the normal and occasional barks, cries, howls or other noises associated
with any one such animal. In imposing a sentence for a conviction
under this section, the Magistrate may take into consideration the
constantness, steadiness and frequency of the complained of acts,
the period of time over which such acts occurred, attempts by the
owner to stop such acts, the causes for such acts, the degree that
such acts interrupted or interfered with any neighbor's enjoyment
and use of his premises, and the owner's prior convictions under this
section.[1]
[Amended 10-18-2018 by Ord. No. 18-24]
d.
The use of any automobile, motorcycle or vehicle so out of repair,
so loaded or in such manner, as to create loud or unnecessary grating,
grinding, rattling or other noise.
e.
The blowing of any steam whistle attached to any stationary boiler,
except to give notice of the time to begin or stop work or as a warning
of danger.
f.
The discharge into the open air of the exhaust of any automobile,
motorcycle, steam or other engine, except through a muffler or other
device which effectively prevents loud or explosive noises therefrom.
g.
The creation of any excessive noise on any street adjacent to any
school, institution of learning or place of public worship or court
while the same are in session, or adjacent to any hospital, which
unreasonably interferes with the workings of such institution, provided
conspicuous signs are displayed indicating that the same is a school,
hospital or court street.
h.
The carrying on of any and all excavation, demolition, construction,
repairs or alteration work shall be permitted between the hours of
7:00 a.m. and 7:00 p.m. Monday through Friday, during May to August,
and between the hours of 7:30 a.m. and 7:00 p.m. during September
to April; on Saturday, it shall be permitted between 8:00 a.m. and
2:00 p.m. It shall be prohibited at all other times, including, but
not limited to, the entire day on Sunday and federal holidays.
[Amended 9-17-2020 by Ord. No. 20-24]
1.
However, when the homeowner and/or tenant carries on any construction,
repair, or alteration work on his dwelling, property, or apartment,
it shall be permitted between the hours of 7:00 a.m. and 7:00 p.m.
Monday through Friday, during May to August; between the hours of
7:30 a.m. and 7:00 p.m. during the months of September to April; on
Saturday, it shall be permitted between 8:00 a.m. and 2:00 p.m.; except
for that on Sunday the homeowner or tenant shall be allowed to do
so between the hours of 10:00 a.m. to 3:00 p.m.; and it shall be prohibited
at all other times.
2.
Only in case of urgent necessity or emergency for the health, safety,
and welfare of the public, the Superintendent of Public Works or Business
Administrator or the Chief of Police may grant a permit for excavation,
demolition, construction, repair or alteration work for a period not
to exceed three days, by the terms of which such work may be carried
on between 7:00 p.m. and 7:00 a.m.
i.
The shouting and crying of peddlers, hawkers and vendors which disturbs
the peace and quiet of the neighborhood.
j.
For any persons, for advertising purposes or for the purpose of attracting
the attention of the passing public, to play, use, operate or permit
to be played, used or operated any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier or other machine or device
for the producing or reproducing of sound on the streets or public
places of the Borough or in any place where the sound therefrom is
cast directly upon the streets or public places, or which is so placed
and operated that the sound therefrom can be heard to the annoyance
or inconvenience of travelers upon any street or public place or of
persons in neighboring premises. Nothing herein contained shall be
deemed to prohibit the granting by the Mayor and Borough Council of
special permits for limited times and in limited locations, for the
use of loudspeakers or sound amplifiers when, in its discretion, the
public interest shall require.
[1969 Code § 50-3; Ord. No. 2016-23]
No person shall play, use or operate for advertising purposes
or for any other purpose whatsoever, any device known as a sound truck,
loudspeaker or sound amplifier or any other instrument known as a
calliope, or any instrument of any kind or character which emits therefrom
loud and raucous noises and is attached to and upon any vehicle operating
in, or which has an effect on the residents of, Elmwood Park. This
provision shall not apply to radios and similar devices intended for
and operated at a level of sound appropriate to the occupants of any
vehicles in which such devices are contained.
[1969 Code § 50-4; New; Ord. No.
2016-23]
[Ord. No. 05-32 § I]
The purpose of this section is to establish requirements to
control littering in the Borough of Elmwood Park, so as to protect
public health, safety and welfare, and to prescribe penalties or the
failure to comply.
[Ord. No. 05-32 § II]
For the purpose of this section, the following terms, phases,
words and their derivations shall have the meaning stated herein unless
their use in the text of this section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic,
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. No. 05-32 § III]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. No. 05-32 § IV]
This section shall be enforced by the Police Department and
Health Department of the Borough of Elmwood Park.
[Ord. No. 05-32 § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject be a fine not to exceed $100.
[Ord. No. 01-18 § 5]
As used in this section:
Shall mean a person who has qualified as a guardian of the
under-aged person pursuant to testamentary or court appointment.
Shall mean the under-aged person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
[Ord. No. 01-18 § 1A]
Any person under the legal age to purchase alcoholic beverages
who knowingly possesses or consumes any alcoholic beverage in or on
any school property, public conveyance, public place or place of public
assembly or on private property shall be in violation of this section.
[Ord. No. 01-18 §§ 1B,
2-5]
a.
A person found guilty of a violation of this section shall be punished
by a fine of $250 for a first offense and $350 for any subsequent
offense.
b.
The Municipal Court may, in addition to the fine authorized for this
offense, suspend or postpone for six months the driving privilege
of the defendant. Upon the conviction of any person and the suspension
or postponement of that person's driver's license, the Municipal Court
shall forward a report to the Division of Motor Vehicles stating the
first and last day of the suspension or the postponement period imposed
by the Court pursuant to this section. If a person at the time of
the imposition of a sentence is less than 17 years of age, the period
of license postponement including a suspension or postponement of
the privilege of operating a motorized bicycle shall commence on the
day the sentence is imposed and shall run for a period of six months
after the person reaches the age of 17 years. If considered necessary
by the Court, the defendant may be referred to an alcohol treatment
program at the defendant's expense.
c.
If a person at the time of the imposition of a sentence has a valid
driver's license issued by this State, the Municipal Court shall immediately
collect the license and forward it to the Division of Motor Vehicles
along with the report. If for any reason the license cannot be collected,
the Municipal Court shall include in the report the complete name,
address, date of birth, eye color, and sex of the person, as well
as the first and last date of the license suspension period imposed
by the Court.
d.
The Municipal Court shall inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during
the period of license suspension or postponement, the person shall
be subject to the penalties set forth in N.J.S.A.39:3-40. A person
shall be required to acknowledge receipt of the written notice in
writing. Failure to receive written notice or failure to acknowledge
in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
e.
If the person convicted under this section is not a New Jersey resident,
the Municipal Court shall suspend or postpone, as appropriate, the
non-resident driving privilege of the person based on the age of the
person and submit to the Division of Motor Vehicles the required report.
The Municipal Court shall not collect the license of a non-resident
convicted under this section.
[Ord. No. 01-18 § 5]
a.
This section shall not prohibit an under-aged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite of consuming.
b.
This section shall not prohibit an under-aged person from consuming
or possessing an alcoholic beverage in the presence of and with the
permission of a parent, guardian or relative who has attained the
legal age to purchase and consume alcoholic beverages.
c.
This section shall not prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the New Jersey Statutes,
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a County vocational
school or post secondary educational institution. However, this section
shall not be construed to preclude the imposition of a penalty under
N.J.S.A. 33:1-81, or any other section of law against a person who
is convicted of unlawful alcoholic beverage activity on or at premises
licensed for the sale of alcoholic beverages.
[Ord. No. 02-18, Preamble]
The Mayor and Council of the Borough have adopted as one of
their goals the reducing of use of tobacco products by minors, and
it is illegal to sell tobacco products to minors. The existing State
Statute N.J.S.A. 26:3D-15 restricts smoking on the premises of educational
institutions, and such smoking restrictions do not currently apply
to public right of way areas surrounding educational institutions.
The State has enacted legislation creating a Drug-Free School
Zone within 1,000 feet of all schools, and the United States Food
and Drug Administration is considering the regulation of nicotine
as an addictive substance.
[Ord. No. 02-18 § 1]
a.
It is unlawful for minors under the age of 18 or any student of any
elementary or secondary educational institution to use tobacco products
within the public right of way areas within a radius of 1,000 feet
of any elementary or secondary educational institution.
b.
Appropriate signs shall be posted at the perimeter of the 1,000-foot
radius indicating the existence of a Drug-Free School Zone in accordance
with State regulation and a Smoke-Free School Zone in accordance with
local ordinance.
[Ord. No. 02-18 § 2]
a.
Whenever the Health Officer, or his or her designee, or a Law Enforcement
Officer reasonably believes there exists a violation of this section,
he or she may issue a summons and complaint not later than 30 days
after discovery of alleged violation. The complaint shall be written
and shall state with reasonable particularity the nature of the violation,
including reference to this section alleged to have been violated.
The complaint shall be delivered or sent by Certified Mail to the
alleged violator.
b.
The Health Officer, his designee, a Law Enforcement Officer or any
other person charged with enforcement of this section, after giving
proper identification, may inspect any matter, thing, incident, or
event as necessary.
c.
Lawful for any person to molest, willfully oppose, verbally abuse
or otherwise obstruct the Health Officer or any other person charged
with enforcement of this section who may request the assistance of
the Elmwood Park Police Department or other police agency or peace
officer when necessary to execute his or her official duty in a manner
prescribed by law.
d.
Citizens may bring complaints against violators of this section.
[Ord. No. 02-18 § 3]
This section shall not apply to private property.
[Ord. No. 02-18 § 4]
Unless otherwise provided by law, Statute or ordinance, any
person violating any of the provisions of this section shall, upon
conviction thereof, pay a penalty of not less than $25 nor more than
$100 for each offense. Penalties for first violations may be in the
form of community service. Complaint shall be made in the Municipal
Court of the Borough of Elmwood Park or before such other judicial
officer having authority under the laws of the State of New Jersey.
[Ord. No. 98-20 § 1; Ord. No. 2017-36]
As used in this section:
Shall mean any publicly-owned or leased library or museum
and school property.
Shall mean any dwelling, complex of dwellings, accommodation,
building, structure, or facility and real property of any nature appurtenant
thereto, and used in connection therewith, which is owned by or leased
to a local housing authority in accordance with the "Local Redevelopment
and Housing Law" (N.J.S.A. 40A:12A-1 et seq.) for the purpose of providing
living accommodations to persons of low income.
Shall mean a park, recreation facility or area or playground
owned or controlled by a State, County, or Local government unit.
[Ord. No. 98-20 § 2; Ord. No. 2017-36; amended 9-17-2020 by Ord. No. 20-25]
a.
In accordance with N.J.S.A. 2C:35-7, the Drug-Free School Zone Map,
indicating the locations of all school property within the Borough
of Elmwood Park, and demarcating the areas located within 1,000 feet
of these properties, has been filed in the office of the Borough Clerk,
as follows:
b.
In accordance with N.J.S.A. 2C:35-7.1, the Drug-Free Zone Map, indicating
the locations of all public housing facilities, public parks and public
buildings within the Borough of Elmwood Park, and demarcating the
areas located within 500 feet of these properties, has been filed
in the office of the Borough Clerk, as follows:
[Ord. No. 95-6 § 1]
No person shall purposely or knowingly vandalize, deface or
otherwise damage the tangible property of another by painting, writing,
drawing, or otherwise inscribing in any fashion of materials what
is commonly known as graffiti. For the purpose of this section, graffiti
shall include any form of painting, writing or inscription regardless
of the content of said or nature of materials used in the commission
of the act.
[Ord. No. 95-6 § 2]
If at any time of the offense charged, any persons shall be
under the age of 18 years, the Superior Court of New Jersey, Family
Part, shall have exclusive jurisdiction of such minor, and such minor
shall be surrendered to the Superior Court of New Jersey, Family Part,
and the case, including all papers and process thereto, shall be transferred
to such Court as provided in N.J.S.A. 2C:4-11.
[Ord. No. 95-6 § 3]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1 § 1-5. The Municipal Court shall have the authority to order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged. In the event that the offender is unable, for any reason, to comply with the above, the Municipal Court shall have the authority to order that the offender make the necessary monetary restitution to restore the property to its original condition.
[Ord. No. 95-6 § 4]
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of minor under 18 years of age who fails or neglects to exercise reasonable supervision and control of the conduct of such minor, shall be liable in a civil action for any destruction or damage caused by such offender under the legal age under Subsection 3-6.1.
[Ord. No. 05-21; Ord. No. 2016-20; Ord.
No. 2017-24]
It shall be unlawful for any person to use, possess or maintain
any lighted tobacco products or other smoke producing products, including
the use of e-cigarettes or vaping, within any public right-of-way
or any property owned or leased by the Borough of Elmwood Park, including
parks, playgrounds, ball fields, athletic facilities, and all buildings
and properties owned or leased by the Borough of Elmwood Park.
[Ord. No. 05-21; Ord. No. 2016-20; Ord.
No. 2017-24]
This section shall be enforced by the Elmwood Park Police Department
or its designees. Any person who commits a violation of this section
shall, upon conviction thereof, pay a fine not to exceed $200 providing
that, in accordance with N.J.S.A. 2C:33-13b, adequate notice of such
prohibition has been conspicuously posted. Any person may inform any
person perceived to be violating this section, of the provisions of
this section.[1]
[Ord. No. 86-8 § 3; Ord. No. 2017-21]
The owner or operator of a vehicle shall not stop, stand or
park the vehicle in a roadway other than parallel with the edge of
the roadway headed in the direction of traffic, on the right-hand
side of the road. All four tires must be on the paved portion of the
roadway and with the curb side of the vehicle within six inches of
the edge of the roadway, except as follows:
a.
Upon those streets which have been designated by ordinance and have
been marked or signed for angle parking, vehicles shall be parked
at the angle to the curb designated and indicated by the ordinance
and marks or signs.
b.
Upon one-way streets, local authorities may permit parking of vehicles
parallel with the left-hand edge of the roadway headed in the direction
of traffic, on the left-hand side of the road and with the curb side
of the vehicle within six inches of the edge of the roadway.
Parking of motor vehicles on lawns, yards or landscaped areas
is prohibited.
[Added 9-16-2021 by Ord. No. 21-19]
a.
It is established that there shall exist parallel parking and angle
parking created in and around the Borough of Elmwood Park. That such
designated areas shall be marked by way of painted lines, plastic,
or any other marking, designating the areas of the parking stalls.
b.
The size and dimension of those parking stalls shall be determined
by the Borough Business Administrator, the Borough Attorney, Borough
Engineer, and the Police Chief.
c.
Where parking stalls are indicated by painted lines, plastic markers
or any other marking upon the public streets indicating parallel,
angle or other types of parking, it is unlawful to stand or park a
vehicle other than wholly within the stalls so indicated.
d.
When such areas are marked for angle parking, all vehicles must be
parked so that the right front tire is within 18 inches of the curb
line. Backing into the space is prohibited.
e.
Vehicles shall park at the angle to the curb indicated by signs or
pavement markings allotting space to parked vehicles and entirely
within the limits of the allotted space.
f.
Vehicles in excess of 22 feet in length shall not park in angle spaces,
to avoid creating a roadway hazard. This would include vehicles with
cargo that protrudes beyond the vehicle bumper that exceeds a total
length of 22 feet.
g.
Exemption: Vehicles actively engaged in construction activities or
commercial deliveries may back into or occupy a space to avoid conflict
with passing traffic while loading and unloading necessary materials
or cargo. This does not allow a construction vehicle or commercial
delivery vehicle to occupy the parking space if such parking constitutes
a hazard to passing traffic or pedestrians.
h.
Exemptions may also be issued pursuant to a valid special event permit
or encroachment permit, which can be obtained by request through the
Business Administrator and or the Police Chief.
i.
Penalty and Fines. Failure to comply with the provisions of this
section shall subject the owner of the vehicle to a fine of $100 for
a first violation. For a second violation, the owner of the vehicle
shall be subject to a fine of $200. For a third or subsequent violation,
the owner of the vehicle shall be subject to a fine of $300.
[1969 Code § 81-3; Ord. No. 86-8 § 2]
As used in this section:
Shall mean any vehicle used or intended for the use as a
conveyance upon the public streets or highways, whether the same be
duly licensed as such or not, and shall include self-propelled and
non-self-propelled vehicles so designed, constructed and reconstructed,
or added to by means of accessories, in such a manner as to permit
the occupancy thereof as a temporary dwelling or sleeping place for
one or more persons, and having no foundation other than wheels, jacks
or skirtings, so arranged as to be integral with or portable by said
trailer or camp car.
[1969 Code § 81-1; Ord. No. 86-8 § 1; Ord. No. 98-9]
a.
It shall be unlawful for any person to park, or permit to be located
or to be parked, any recreational vehicle, trailer or boat whether
the same is on or off a trailer, camp car or non-motorized vehicle
on any street within the Borough or within 35 feet from the front
of the curb or the end of the pavement in the front of the lot or
between the curb or end of the pavement and the front of the building,
whichever distance is less, on any premises, lot or other portion
of land within the limits of the Borough of Elmwood Park.
b.
Trailers. The parking of a trailer or vehicle designed for the carrying
of persons and/or property and designed for being drawn by a motor
vehicle on which its weight rests, with or without motive power, shall
be prohibited on public streets in residential zones at all times.
c.
Violations and Penalties. The penalty for a conviction of this subsection
of the Code of the Borough of Elmwood Park shall be as follows:
[1969 Code § 81-2]
It shall be unlawful for any person to use any trailer or recreational
vehicle as a dwelling or sleeping place within the limits of the Borough
of Elmwood Park.
[Ord. No. 07-9 § I; Ord. No. 07-14 § I; amended 2-18-2021 by Ord. No. 21-02]
a.
No person
shall park a commercial vehicle, including any vehicle bearing commercial
plates, any truck, limousine with OL plates, omnibus, taxi cab, or
ambulance, between the hours of 2:00 a.m. and 6:00 a.m., upon any
of the streets in the Borough of Elmwood Park. However, nothing in
this section shall prohibit any limousine, taxi cab, ambulance or
omnibus from picking up or delivering passengers at any time.
b.
No person
shall park or cause to be parked any trucks, buses, limousine or vans
over the height of 9 feet clearance measured to the tallest part of
the vehicle and or greater than 22 feet in length and or greater than
bearing weight of 17,000-pound GVW, on any residential property in
the Borough.
[Ord. No. 07-14 § II]
Failure to comply with the provisions of this section shall
subject the owner of the vehicle to a fine of $100 for a first violation.
For a second violation, the owner of the vehicle shall be subject
to a fine of $200. For a third or subsequent violation, the owner
of the vehicle shall be subject to a fine of $300.
[1969 Code § 83-44; Ord. No. 14-07]
It shall be unlawful for any person to park or leave standing
any vehicle on lands of another, whether publicly or privately owned,
in the Borough of Elmwood Park, after notice has been posted as hereinafter
provided by the owner, occupant, lessee or licensee prohibiting such
parking. Nothing herein contained shall apply to any lands lying within
the bounds of any public street or highway.
[1969 Code § 83-45; Ord. No. 14-07]
Suitable signs not less than 18 inches by 24 inches, bearing
the words "NO PARKING," together with any qualifications or restrictions
of such parking, if any, and conspicuously displayed, shall be posted
on said lands by the owner, occupant, lessee or licensee thereof where
this section is effective. Defacing, tampering with or damaging such
signs when posted shall constitute a violation of this section.
[Ord. No. 14-07]
Any person violating any of the provisions of this section shall
be subject to a fine not exceeding $50 or imprisonment for a term
not exceeding 15 days or both at the discretion of the Municipal Magistrate/Judge.
[Ord. No. 94-2 § 1]
As used in this section:
Shall mean the Director of the Motor Vehicle Commission.
Shall mean a warrant issued by the Municipal Court of the
Borough of Elmwood Park pursuant to R. 7:6-3 of the Rules Governing
the Court of the State of New Jersey after failure of the owner to
appear or answer a parking ticket.
Shall mean a violation of a State Statute, an ordinance or
resolution adopted by a County, municipality or authority or a regulation
issued by a State authority which regulates that parking of vehicles.
For purposes of this section, violations of ordinances or regulations
will be within the civil jurisdiction of the Municipal Court.
Shall mean the summons issued alleging that a parking offense
has occurred.
[Ord. No. 94-2 § 1.1]
Any motor vehicle found within the jurisdiction of the Borough
of Elmwood Park may be impounded or immobilized if there are any outstanding
warrants against the vehicle.
[Ord. No. 94-2 § 1.2]
Except for vehicles owned by lessors who have complied with Subsection 3-11.4 if the outstanding warrants are not paid by midnight on the 30th day following the day on which the vehicle was impounded or immobilized, the vehicle may be sold at public auction.
[Ord. No. 94-2 § 1.3]
a.
Except as provided herein the owner and operator shall be jointly
liable for parking offenses unless the owner can show that the vehicle
was used without his consent, express or implied. An owner who pays
any fine, penalty, civil judgment, cost or administrative fees in
connection with a parking offense shall have the right to recover
that sum from the operator in a Court of competent jurisdiction.
1.
The owner of a motor vehicle who has leased the motor vehicle shall
not be liable for a parking offense when the motor vehicle is under
the control or in the possession of the lessee if, upon notice of
the parking offense, the owner of a motor vehicle which is leased
at the time of the offense notifies the Clerk of the Court where the
case is pending, by a notarized statement, of the name and address
of the lessee. The notarized statement shall be in a form prescribed
by the Administrative Director of the Courts.
2.
After providing the name and address of the lessee, the owner shall
not be required to attend a hearing on the offense unless notified
that the offense may have been caused by mechanical failure of the
vehicle which resulted from the owner's failure to maintain the vehicle.
[Ord. No. 94-2 § 1.4]
The Borough shall give notice of the sale referred to in Subsection 3-11.3 by Certified Mail to the owner if his name and address are known to the holder of any security interest filed with the Director and by publication in a form to prescribed by the Director by one insertion in one or more newspapers published in this State and circulating in the Borough in which the vehicle was impounded or immobilized.
[Ord. No. 94-2 § 1.5]
At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of the motor vehicle upon payment of the reasonable cost of removal and storage of the motor vehicle, any fine or penalty and Court cost assessed against him for a violation that gave rise to the impoundment or immobilization of the motor vehicle, and any outstanding warrants against the vehicle; however, the owner/lessor of a motor vehicle who has complied with Subsection 3-11.4, shall be entitled to reclaim possession without payment and the lessee shall be liable for any fine, penalty, Court cost, and reasonable cost for removal and storage of the motor vehicle and outstanding warrants against the vehicle.
[Ord. No. 94-2 § 1.6]
Any proceeds obtained from the sale of a vehicle at public auction pursuant to Subsection 3-11.3 in excess of the amount owed to the Borough for the reasonable cost of removal and storage of the motor vehicle, any fine or penalty and Court cost assessed against him for violations that gave rise to the impoundment or immobilization of the motor vehicle, and any outstanding warrants against the vehicle shall be returned to the owner of the vehicle if his name and address are known.
[Ord. No. 08-1 § 1]
a.
No motor vehicle which is uninspected or unregistered or in a state
of disrepair or disassembly such as to make it nonoperable, shall
not be parked or stored on any property in any residential zone. No
motor vehicle while parked in any unenclosed, off-street parking area
or driveway in any residential zone shall be stripped, dismantled
or undergo any type of major overhaul including body work, on jacks,
blocks, with or without tires, or is inoperable in its existing condition.
b.
It shall be unlawful for any owner, possessor or occupant of lands
within the Borough to store, keep, place, park or accumulate upon
such lands in any unenclosed area, any motor vehicles or heavy power
machinery in need of repair so as not to be readily operated under
their own power, requiring substantial repairs, not currently licensed
or not being currently used for transportation, in all other zones.
It shall be unlawful for any person or persons to park, leave standing
or abandon on the land of another, any motor vehicles, automobiles
or heavy power machinery in need of repair so as not to be readily
operated under their own power. Motor vehicles must be currently licensed
and inspected except when parked at an approved automobile repair
station, shop or garage.
c.
It shall be unlawful for any person, possessor or occupant of lands
within the Borough to store, keep, place, park or accumulate upon
lands; any nonmotorized vehicle or vehicles, any motor vehicles, registered
or nonregistered, used for storage of any materials of any kind whatsoever.
[Ord. No. 09-20 § 1]
No person shall park, or permit to remain in any parking space
on any public roadway in the Borough of Elmwood Park any vehicle which
contains a snowplow from April 1st through November 1st. Vehicles
containing snowplows will be permitted from November 2nd to March
31st.
[Ord. No. 09-20 § 1]
The penalty for a first offense is a fine of $100. The penalty
for a second or subsequent offense is a fine of $400.
[Ord. No. 2017-03]
It shall be unlawful for any person to park, permit the parking
of, or leave unattended, any vehicle, in the Elmwood Park Public Library
parking lot overnight or at any time when the library is not open
to the public.
[Ord. No. 2017-03]
Failure to comply with the provisions of this section shall
subject the owner of the vehicle to a fine of $100 for a first violation.
For a second violation, the owner of the vehicle shall be subject
to a fine of $200. For a third or subsequent violation, the owner
of the vehicle shall be subject to a fine of $300.
[1969 Code § 21-1; Ord. No. 96-13 § 1]
As used in this chapter:
Shall mean a hand-drawn or propelled vehicle or wheeled container
made of metal, wood or otherwise, such as is generally provided by
merchants for the carting or carrying to automobiles or other places
merchandise or foodstuffs.
Shall mean and include any street, avenue, road, alley, lane,
highway, boulevard, concourse, driveway, culvert or crosswalk and
every class of road, square, place, municipal park, parking field
or area, shopping areas, shopping plazas, shopping malls, or other
places used by the general public.
[1969 Code § 21-2]
It shall be unlawful for any person to leave or to suffer or
permit to be left any cart, either owned by him/her or in his/her
possession, custody or control upon any street or sidewalk.
[1969 Code § 21-3; Ord. No. 96-13 § 2; Ord. No. 09-6 § 1]
The Chief of Police shall remove or cause the removal of the cart by notification to the Department of Public Works, who shall be hereby charged with the responsibility of collection of the cart. The owner of any cart removed by the Department of Public Works shall be responsible to pay the Borough the amount of $15 for each cart removed, regardless of whether said cart is redeemed pursuant to Subsection 3-15.5.
[1969 Code § 21-4]
Whenever the Chief of Police shall receive any cart containing
identification of ownership or right to possession, a notice shall
be sent by ordinary mail to such person, advising that such cart is
held by the Chief of Police and advising the amount necessary to redeem.
[1969 Code § 21-5; Ord. No. 96-13 § 3; Ord. No. 06-23; Ord. No. 09-6 § 1]
Any impounded cart may be redeemed by the owner thereof at any
time prior to the sale, dismantling, destruction or disposal thereof,
and he shall be entitled to receive such cart upon tendering the sum
of $50. In addition, the person seeking to redeem shall pay the cost
of advertising the sale thereof, if any. No cart shall be delivered
to a person seeking to redeem unless proof establishing to the satisfaction
of the Chief of Police such person's ownership or right to possession
is submitted. Any delivery to a person apparently entitled thereto
shall be a good defense to the Borough against any other person claiming
to be entitled thereto. The person to whom delivery ought to have
been made may recover the same with interest and costs from the person
to whom the same shall have been delivered.
[1969 Code § 21-6; Ord. No. 96-13 § 4; Ord. No. 06-23]
If any impounded cart remains in the custody of the Chief of
Police on the 30th day of the month next following the date of impoundment,
and with respect to which no person has presented to the Chief of
Police proof establishing to his satisfaction such person's ownership
or right to possession, the Borough Clerk shall give public notice
in the official newspaper of the Borough, advising that at a specified
place and time, not less than five days after such notice is published,
such cart shall be sold at public auction for the best price to be
obtained. A general description in such notice of the cart to be sold
shall be sufficient. The sale shall be conducted by the Borough Clerk
or the Clerk's designee.
[1969 Code § 21-7]
In the event that any impounded cart shall remain unsold at
public auction, the Chief of Police may reoffer such cart for sale
at a subsequent public auction held pursuant to this section, or he
may dismantle, destroy or otherwise sell or dispose of such cart.
Any such sale or other disposition of such cart pursuant to this chapter
shall be without liability on the part of the Borough to the owner
of such cart or other person lawfully entitled thereto or having interest
therein.
[1969 Code § 21-8; Ord. No. 96-13 § 5]
Immediately after an impounded cart is redeemed, the Chief of
Police shall remit to the Borough Treasurer the amount received for
redemption, costs and expenses of the article redeemed, together with
an itemized statement thereof. Immediately after a sale or other disposition
of such cart, the Borough Clerk shall remit to the Borough Treasurer
the proceeds of sale or other disposition of such cart, with an itemized
statement of the article sold, the price received and the costs and
expenses of sale, and the Borough Treasurer shall retain such proceeds
and credit them to the general fund.
[1969 Code § 21-9; Ord. No. 96-13 § 6]
Any person who is found guilty in the Municipal Court of the Borough of Elmwood Park of any of the provisions of Subsection 3-15.2 shall be fined an amount not to exceed the sum of $100 for the first offense together with the costs of Court. In the event of any second or subsequent violation of Subsection 3-15.2 the fine shall be $150 plus costs of Court for each and every violation. Any owner redeeming a cart pursuant to the provisions of Subsection 3-15.5 shall not be subjected to this fine.
[(Prior ordinance history: 1969 Code §§ 9-30,
9-32)]
[Ord. No. 2017-02]
Pursuant to the provisions of N.J.S.A. 5:8-51, the Council of
the Borough of Elmwood Park may issue a license to any qualified organization,
as that term is defined in N.J.A.C. 13:47-1.1, to hold and operate
the specific kind of game or games of chance commonly known as a "raffle"
or "raffles," played by drawing for prizes or the allotment of prizes
by chance, by the selling of shares or tickets or rights to participate
in such game or games and by conducting the game or games accordingly
when the entire net proceeds of such games of chance are to be devoted
to educational, charitable, patriotic, religious or public-spirited
uses and, in the case of senior citizen associations and clubs, to
the support of these organizations and for any such organization or
association, church, congregation, society, club, company or squad
when so licensed (or without any license when a senior citizen association
or club holds, operates and conducts games of chance solely for the
amusement and recreation of its members under a special license issued
pursuant to N.J.S.A. 5:8-51.1) to hold, operate and conduct such game
of chance by its active members pursuant to law and such license in
the Borough of Elmwood Park and to sell shares or tickets or rights
to participate in such game or games of chance therein and under such
conditions and regulations for the supervision and conduct thereof
as shall be prescribed by the rules and regulations duly adopted from
time to time by the Legalized Games of Chance Control Commission,
but only when the entire net proceeds thereof are devoted to the uses
afore stated, and for any person or persons to participate in and
play such games of chance conducted under any such license.
[Ord. No. 2017-02]
Each applicant for a license shall file with the Borough Clerk
a written application as provided for in N.J.S.A. 5:8-52 and N.J.A.C.
13:47-3.2 (Form 2R-A).
[Ord. No. 2017-02]
License application shall be filed in quadruplicate with the
Municipal Clerk in accordance with the provision of N.J.A.C. 13:47-3.3,
or as such regulations may be amended. One copy shall be retained
by the Municipal Clerk, the second copy shall be returned to the applicant
after a license has been granted or denied; third copy shall be forwarded
to the Control Commission by the Municipal Clerk and the fourth copy
shall be delivered to the Police Department. The application shall
be submitted to the Borough Clerk not later than during her regular
business hours on the Tuesday preceding any regular meeting of the
Mayor and Council. License fees shall be set as set forth in N.J.S.A.
5:8-53.
[Ord. No. 2017-02]
On-premises raffle, as defined by law and the rules and regulations
of said Legalized Games of Chance Commission, shall not be conducted
after midnight of the day for which a license has been issued to conduct
said games of chance.
[Ord. No. 2017-02]
Licenses for raffles are hereby authorized to be issued covering
operation of said games on Sunday, under the authority of N.J.S.A.
5:8-31 and 5:8-58.
[Ord. No. 2017-02]
[Ord. No. 2017-02]
The Borough Clerk is hereby delegated the authority to approve
the granting of raffle licenses within the Borough of Elmwood Park.
[Amended in entirety 3-17-2022 by Ord. No. 22-05. Prior history includes
1969 Code § 75-1.]
[Amended 3-17-2022 by Ord. No. 22-05]
Is one who engages in body piercing.
Refers to the piercing of any portion of the human body for
placement of any type of jewelry or any other ornamentation other
than ear lobe piercing.
Shall mean written approval from the Health Officer or his/her
authorized representative that said tattooing or body piercing establishment
has been inspected and meets all of the terms of this section.
Means the premises wherein tattooing or body piercing is
performed.
Shall mean the Elmwood Park Borough Health Officer or his/her
authorized representative.
Shall mean any individual, firm, company, corporation, or
association that owns or operates an establishment where tattooing
or body piercing is performed and any individual who performs or practices
the art of tattooing on the person of another.
Shall mean a document or other written or memorialized instrument
setting forth the presenter's true name, address, correct age,
or other identifying data, examples of which include but are not limited
to driver's license, a credit card issued by a national company,
birth certificate, passport, employment identification card, or any
instrument issued by a governmental agency setting forth the pertinent
and required information.
Means a bacterial treatment of cleaned surfaces by a process
which is effective in reducing the number of microorganisms to a safe
level.
Means products or items that are disposed of after use on
each client, including, but not limited to, cotton swabs or balls,
tissues or paper products, paper or plastic cups, gauze, and sanitary
covering, razors, needles, scalpel blades, stencils and ink cups.
Means the destruction of all forms of micro biotic life,
including spores, through the use of a steam sterilizer or autoclave.
Is one who engages in tattooing.
Refers to any method of placing designs, letters, scrolls,
figures, symbols, or any marks under the skin with ink or any other
substance resulting in the coloration of the skin by the aid of needles
or any other instruments designed to puncture the skin.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
It shall be unlawful for any operator to engage in the business of
operating an establishment where tattooing or body piercing is performed
without first obtaining a license from the Elmwood Park Health Department
to engage in such business in accordance with the provisions hereof.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
Application for licenses under this section shall be filed with the
Elmwood Park Health Department, in writing, upon such printed forms
as the Elmwood Park Health Department shall prescribe and prepare.
b.
The application forms may be obtained from the Elmwood Park Health
Department and shall be signed by the applicant under oath and shall
contain the following information:
1.
If an individual, the full name, age, sex, residence address at the
time of application.
2.
If a corporation, the full corporate name, the date and the state
of incorporation, address of the place or places of business, the
name and address of the registered agent, and the name, address and
age of any principal owning more than 10% of the stock.
3.
If a partnership, the information required by paragraph 1 above for
each partner and the name under which the business is being conducted.
4.
The apprenticeship, training and/or business experience of the applicant
in the business or occupation for which the license is sought.
5.
The length of time that the applicant has engaged in such business
or occupation.
6.
Whether the applicant carries public liability insurance, and, if
so, the amount of said coverage and the company providing such liability
insurance.
7.
Name, address and age of every tattoo artist and/or body piercer
to be initially employed to conduct the service. This shall be a continuing
obligation for licenses to update once a year the list of tattoo artists
and/or body piercers employed by the establishment.
8.
State the date upon which Construction Official has approved the
location for business.
c.
No ownership rights in any license or renewal hereof granted under
the provisions of this Article shall be assignable or transferable
without the permission of the Health Department whose permission shall
not be unreasonably withheld. Any change of ownership shall require
a new application and license with payment of fees.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
An application for an initial license shall be filed with the Health
Department of the Borough of Elmwood Park accompanied by a fee in
the amount of $200.
b.
The renewal license fee for engaging in the business of operating
an establishment subject to this section within the Borough of Elmwood
Park shall be $100 per year.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
All licenses shall expire on the last day of each calendar year.
The first license expiration date for renewal shall be December 31,
2021.
b.
All applications for renewal must be presented to the Health Department
in writing on a form prescribed by the Health Department, within 30
days prior to the end of the calendar year.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
If renovations of the tattoo or body piercing establishment occur,
plans must be submitted to the Elmwood Park Health Department and
the applicant will be required to comply with all section herein,
as well as all other applicable Building codes, regulations, local
and state zoning laws and or any other applicable laws.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
In the event that an applicant fails to qualify for a license under
this section, the fee herein shall be non-refundable.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
The license issued pursuant to this section shall be posted conspicuously
in the place of business or location named therein.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
All establishments shall manage contaminated (body fluids) contact
waste materials as medical waste pursuant to N.J.A.C. 7:26-A.8.
b.
All establishments shall be licensed with the State of New Jersey
as a medical waste generator, pursuant to N.J.A.C. 7:26-A.8, prior
to approval from the Elmwood Park Health Department.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
It shall be a violation of this section for anyone or any tattoo
or body piercing business to tattoo or body pierce any individual
under 18 years of age without authorization signed by the parent or
legal guardian, witnessed and attested to by a notary public. The
operator/owner or principal shall be responsible for maintaining the
original consent form and copies of all consent information for a
period of two years beyond the recipient's 18th birthday. The
operator shall obtain a copy of a two forms of personal identification
of such individual being tattooed and/or pierced.
b.
Each person wishing to receive a tattoo or body piercing must first
sign a consent form presented by the operator the content of which
has been approved by the Elmwood Park Health Department. This form
shall commence with the following statement: "1 swear, certify or
affirm under the penalties of false swearing or perjury the following
information. The consent form shall contain language above the applicant's
signature which shall read, "I have read and understand the contents
of this form, and acknowledge that an operator of the above-named
tattoo and/or body piercing establishment has reviewed the same with
me. I have presented to the operator the following forms of identification
which I represent, warrant and guarantee are truthful and correct
and are identification that relates to me. I further represent that
I am an adult over the age of 18, and am not currently intoxicated
or under the influence of any narcotic substance, and make this statement
entirely of my own free will and sound mind." The form shall also
include a signature line for the operator above which the following
language shall appear: "I have reviewed the language of this form
with the applicant who has represented to me that he/she fully understands
the contents of same, and that the information provided is truthful,
in addition, I have reviewed the documentation presented by the applicant
with respect to his/her age. "If the applicant appears to be visibly
intoxicated or disoriented, the operator must refuse the applicant
c.
All records regarding tattoos or body piercing are to be maintained
for a minimum of two years. Information required for each applicant
referred to in paragraph b is to include the name, age, date of birth,
health history including allergies and medical conditions, home address
and telephone numbers of the applicant as well as the name of the
person who did the tattoo or body piercing, the design, location and
the date of the tattoo or type of body piercing done.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
Each tattoo or body piercing facility shall have a bathroom accessible
to the public and staff, and a stainless steel sink in a separately
designated sterilization room which is to be used by staff only as
required by this section. The sink in the sterilization room shall
be connected to hot and cold running water. Each bathroom shall be
equipped with a commode and a sink, with the sink being connected
to hot and cold running water.
b.
Soap and sanitary towels, or other approved hand drying devices,
shall be available at the sink in the bathroom(s) and sterilization
room at all times.
c.
Common towels are prohibited. Employee hand washing signs shall be
posted in each bathroom and sterilization room. There shall be no
door requiring the use of a tattoo artist/body piercer's hand
in going from a hand-washing area to a work area.
d.
The chair or seat reserved for the person receiving the tattoo or
body piercing shall be a material that is smooth and easily cleanable
and constructed of material that is non-absorbent. Any surface on
the chair that becomes exposed to blood or body fluids must be cleaned
and sanitized prior to use by the next customer.
e.
The work table or counter used by the tattoo artist or body piercer
shall be smooth and easily cleanable and constructed of material that
is non-absorbent. There shall be a non-permeable juncture between
a table/counter and a wall if the table/counter is to be placed against
a wall. This table/counter must be cleaned and sanitized (utilizing
a method approved by the Elmwood Park Health Department) between customers.
f.
The tattooing or body piercing area walls shall be smooth and easily
cleanable, and constructed of a non-absorbent material.
g.
The floor in the tattooing or body piercing area shall be of durable
material that is non-absorbent, smooth, and easily cleanable. Floors
shall be kept clean.
h.
Lighting within the tattoo or body piercing area shall be adequate
so as to provide a minimum of 100-foot candles in all areas. Such
illumination shall be reasonable free from glare and distributed to
avoid shadows.
i.
Each establishment must contain at least one enclosed "privacy room"
so as to protect the confidentiality of the applicant, and revelation
of the service provided. The privacy room must be used when tattooing
or body piercing is to be performed on either female breasts, or the
buttocks or groin areas of males or females. The privacy room shall
have a swinging type door for ingress and egress, and be separated
from other areas of the establishment by either walls or durable partitions,
or other materials able to be sanitized, extending at least six feet
in height and so designed to prevent visual observation of the customer
and the tattoo artist from any other area by any persons other than
the customer and the tattoo artist or body piercer.
j.
Any surfaces in the establishment that become exposed to blood or
body fluids must be cleaned and sanitized, utilizing a method approved
by the Elmwood Park Health Department.
k.
Cleaning, disinfection and sterilization activities must be conducted
in a physically separate work area. This area should have a clearly
defined work pattern from soiled to clean in order to prevent cross-contamination.
All sterile equipment must be stored in enclosed cabinets outside
of the processing room. All containers, regardless of size, must be
clearly marked with the name of the product.
l.
Proper waste receptacles shall be provided and waste shall be disposed
of at appropriate intervals.
m.
The use of tobacco in any form in the establishment is prohibited.
n.
The consumption of food or drink shall be prohibited in the tattoo/body
piercing work areas of the parlor.
o.
Only articles considered necessary for the routine and customary
operation and maintenance of the tattoo/body piercing business shall
be permitted in the tattoo or body piercing establishment.
p.
No live bird, turtle, snake, dog, cat, or another animal shall be
permitted in any area used for the conduct of tattooing and/or body
piercing operations or in the immediate open, adjacent areas, including
the main waiting area and the public access to the toilet room, with
the exception of animals utilized for the assistance of the blind
and/or deaf.
q.
Adequate measures shall be taken to protect the entrance into the
parlor and the breeding or presence on the premises of insects and
rodents.
r.
Anyone using pesticides must be certified by the State of New Jersey
for application of same.
s.
The use of pesticides shall not result in the contamination of dyes,
inks, ink reservoirs, needles, jewelry or gloves, or any equipment
used in connection with the operation.
t.
Proper ventilation and exhaust will be provided.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
Tattoo Artist or Body Piercer/Operator Certificate.
1.
No person shall practice the art of tattooing or body piercing within
the Borough of Elmwood Park without first obtaining a certificate
from the Health Department.
2.
All certificates shall automatically expire on December 31 annually.
3.
No certificate to practice the art of tattooing or body piercing
shall be issued unless:
(a)
The applicant furnishes proof of having previously held such
a certificate; or
(b)
The applicant provides proof of having practiced the art of
tattooing or body piercing as a full-time occupation, which may take
the form of a letter from a tattoo and/or body piercing establishment
representing that the applicant is/was employed by the said establishment
as a tattoo artist or body piercer, or that the applicant presently
operates or had in the past operated a tattoo or body piercing establishment,
or had in the past or currently maintains an ownership interest in
a business, partnership or corporation which operates or operated
a tattoo or body piercing establishment; and
(c)
The applicant furnishes proof of having attended bloodborne
pathogen training which includes principles of disinfection and sterilization.
Compliance with this paragraph will be waived for guest tattoo artists
retained by the establishment so long as the customer upon whom the
guest tattoo artist is to provide the service is provided with prior
written notice that the guest tattoo artist has not attended bloodborne
pathogen training, including principles of disinfection and sterilization,
and
(d)
Proof of Hepatitis B pre-exposure vaccination or proof of immunity
is recommended for all tattoo artists or body piercers. Notwithstanding
the foregoing, all tattoo artists or body piercers shall provide the
Elmwood Park Health Department with one of the following:
(1)
Proof of Hepatitis B pre-exposure vaccination or proof of immunity;
or
(2)
A letter or statement from a physician certifying that the individual
does not have Hepatitis B and the vaccination is contraindicated;
or
(3)
A written statement or letter signed by the tattoo artist or
body piercer declining to provide the information sought in the immediately
preceding paragraphs (1) or (2).
4.
The operator shall develop operating guidelines, in accordance with
the C.D.C. and O.S.H.A., that will reduce the likelihood of accidental
needle sticks and establish a monitoring system for those person(s)
accidentally stuck by a needle. The guidelines shall be submitted
to the Elmwood Park Health Department for approval before the issuance
of a license and subsequent renewals of the license, and
(a)
The applicant pays the initial and annual certificate fee of
$25.
5.
Each application for a certificate shall set forth:
(a)
The name and address of the applicant;
(b)
A physical description of the premises where tattooing/body
piercing is to be done;
(c)
Such other information as the Department may require.
(d)
Certificates shall be issued unless the Elmwood Park Health
Department demonstrates that the tattoo/body piercing operator has
failed to comply with the provisions of this section after being afforded
a reasonable opportunity to cure any deficiencies found in its application.
(e)
All certificates shall be conditioned upon continued compliance
with the provisions of this section as well as other applicable provisions.
(f)
The certificate shall be posted in a prominent and conspicuous
area where it may be readily observed by patrons.
6.
The operator of a tattoo/body piercing establishment shall submit
a written aftercare plan to the Elmwood Park Health Department. Body
piercing establishments will submit an aftercare plan specific to
each body site intended to pierce.
7.
Before working on each patron, each tattoo artist or body piercer
shall scrub and wash his/her hands thoroughly with hot water and antiseptic
soap. Fingernails shall be kept clean and short.
8.
Disposable vinyl or latex gloves shall be worn by the tattoo artist
or body piercer during tattoo preparation and application to prevent
contact with blood or body fluids. Universal precautions described
by the Centers for Disease Control and Prevention (C.D.C.) shall be
followed. All materials shall be disposed of following all of the
respective sections of this section as well as all required health
rules and regulation covering the policy of this section after contact
with each patron. Hands shall be washed immediately after the removal
of gloves. Any skin surface that has contact with blood shall be cleaned
immediately.
9.
Immediately after tattooing or body piercing a patron, the tattooist
or body piercer shall advise the patron on the care of the tattoo
or body piercing in a written form and shall instruct the patron to
consult a physician at the first sign of infection of the tattoo or
body piercing. Printed instructions regarding these points shall be
given to each patron.
10.
All medically diagnosed infections resulting from the practice of
tattooing or body piercing which become known to the operator shall
be promptly reported to the Health Officer by the person owning or
operating the tattoo or body piercing establishment or by the tattoo
artist or body piercer within 24 hours.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
The establishment shall comply with all the current O.S.H.A. requirements
applicable to its operation.
b.
No person affected with infected wounds, open and infected sores,
and acute respiratory infection shall work in any area of a tattoo
or body piercing establishment in any capacity in which there is a
likelihood of contaminating tattoo or body piercing equipment, supplies,
or work surfaces.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
Tattooing or body piercing shall be done only on a normal, healthy
skin surface free of moles or infection.
b.
Only safety razors with disposable blades shall be used for skin
preparation. Blades shall be disposed of according to this section
after each use, and new blades shall be used for each patron.
c.
Following shaving, the area shall be thoroughly cleaned and scrubbed
with a tincture of green soap or its equivalent and warm water. Before
placing the design or body piercing on the patron's skin, the
area shall be treated with 70% alcohol and allowed to air dry.
d.
Piercing mucous membranes (i.e., oral, nasal, vaginal, etc.) shall
be treated with an industry-appropriate and medically indicated antiseptic
solution before the procedure.
e.
Only petroleum jelly (U.S.A. or National Formulary) or antiseptic
ointment shall be applied to the tattoo area before tattooing or body
piercing. The ointment shall be applied in a sanitary manner, disposing
of the utensil after spreading. Collapsible tubes of ointment or jelly
may also be used.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
The use of single service hectographic stencils shall be required
for applying a tattoo outline to the skin. Multi-use stencils shall
be prohibited.
b.
Only non-toxic dyes or pigments may be used. Pre-mixed sterile materials
are preferred. Pre-mixed dyes shall be used without adulteration of
the manufacturer's original formula. The operator shall represent
to the Elmwood Park Health Department, at the time of license application
and renewal, that to the best of his/her knowledge, the dyes and pigments
used in tattoo applications are of non-toxic origins and shall submit
supporting documentation on same. The operator shall also present
to the Elmwood Park Health Department labels or manufacturer's
data sheets relating to dyes and pigments or such other written documentation
as is applicable to the dyes and pigments that are non-toxic or non-hazardous
to human health.
c.
Single service or individual containers of dye or ink shall be used
for each patron, and the container disposed of immediately after completing
work on each patron.
d.
The completed tattoo shall be washed with sterile gauze or single-use
paper tissue, and a solution of tincture of green soap or its equivalent,
then disinfected with 70% alcohol. The area shall be allowed to air
dry and antiseptic ointment shall be applied and spread with sterile
gauze and sterile dressing attached.
e.
Upon completion of piercing or the mucous membranes, the area shall
be disinfected with the industry-appropriate and medically indicated
solution.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
Only single service sterilized needles and needle bars shall be used
for each patron.
b.
If solder is used in manufacturing needles, needle bars or needle
tubes, it must be free of lead.
c.
Any needle that penetrates the skin of the tattoo artist or body
piercer shall be immediately disposed of in accordance with this section.
d.
Needle tubes shall be ultrasonically cleaned in a solution which
is alconox or its equivalent, then scrubbed with a clean brush, then
rinsed clean. Needle tubes shall be sterilized in accordance with
this section, stored in sterile bags and maintained in a dry, closed
area.
e.
Each item to be sterilized shall be individually wrapped using chemical
indicator bags or chemical indicator strips. Sterilization shall be
by steam sterilization/autoclave. The autoclave shall be well maintained
with a tight fitting gasket and clean interior. The manufacturer's
operating instructions and sterilization specifications shall be at
hand. The sterilizer shall conform to the manufacturer's specifications
with regard to temperature, pressure and time of sterilization cycle.
Proper functioning of sterilization cycles shall be verified by the
monthly use of biologic indicators (i.e., spore tests). A record of
these monthly test results shall be available, and a test may be required
to be done during any inspections. Establishments are required to
maintain an autoclave on site, with a minimum interior chamber that
is no less then seven inches in diameter and 15 inches in depth.
f.
If the primary source of sterilization malfunctions, the Elmwood
Park Health Department shall be notified no later than four hours
after the deficiency. In an emergent situation, the Elmwood Park Health
Department may approve alternate sterilization techniques.
g.
Needles and bars shall not be bent or broken prior to disposal. Tattoo
artists or body piercers shall take precautions to prevent injuries
from contaminated needles or tubes.
h.
All dyes and inks shall be from a source of supply which complies
with applicable U.S. Food and Drug Administration regulations when
available. Dyes and inks are to be used in accordance with the manufacturer's
directions and are not to be adulterated with any substance not recommended
by the manufacturer.
i.
Immediately before applying a tattoo, the quantity of dye to be used
for the tattoo shall be transferred from the dye bottles and placed
into sterile, single-use paper cups or plastic caps. Upon completion
of the tattoo, these single use cups or Caps and their contents shall
be discarded.
j.
Excess dye or ink shall be removed from the skin with a single service
wiping tissue or sterile gauze which shall be discarded after each
use.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
All used needles, needle bars or other disposable tools used in the
tattooing process, as well as gloves, gauze and other materials saturated
with blood or body fluids, shall be removed through the use of a licensed
medical waste hauler.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
No tattoo studio or body piercing studio shall be permitted within
500 feet of any school, park or house of worship, and no closer than
500 feet to other tattoo studio or body piercing studio or adult entertainment
location should any exist.
b.
To the extent that a tattoo studio or body piercing studio shall
constitute a commercial use, the same shall be permitted only in the
Local Commerce C-L and General Commerce C-G and only upon and after
site plan review pursuant to the Land Use Code of the Borough of Elmwood
Park use as permitted by zoning ordinance.
c.
Temporary Tattoo/Body Piercing establishments are prohibited.
[Amended 3-17-2022 by Ord. No. 22-05]
a.
Any person or entity who or which violates any section of this ordinance
shall be subject to the following penalty: A fine not to exceed $1,000;
imprisonment not to exceed 90 days in the county jail; community service
not to exceed 90 days or any combination thereof in the discretion
of the Municipal Court Judge. Each day that the violation exists is
considered to be a separate offense.
b.
After due notice and hearing, the Health Department may suspend or
revoke any license issued under this section for violation of the
provisions of this section.
[1972 Code § 4-2]
It shall be unlawful for any person to leave outside of any
building or dwelling any abandoned, unattended or discarded icebox,
refrigerator or any other container of any kind which has an airtight
snap lock or other device thereon without first removing the doors
from the icebox, refrigerator or container.
[1969 Code § 43-1]
No person shall detain or fail to return any book or article
borrowed from the Elmwood Park Public Library or any branch thereof
contrary to the rules and regulations of the library, after 30 days
has elapsed from the date of posting by certified mail return receipt
requested, of a notice demanding return thereof, addressed to the
person at the last address furnished to the library or branch.
[1969 Code § 43-2]
No person shall willfully or maliciously cut, tear, deface,
disfigure, damage or destroy any book, property or other article or
any part thereof which is owned by or is in the custody of any such
library or branch.
[1969 Code § 43-3]
[1969 Code § 43-4]
No person with intent to defraud shall register or furnish a
false name or address, or use any card other that the one issued to
said person, for the purpose of borrowing any book or other article
from such library or branch.
[1969 Code § 55-1]
No person shall:
a.
Make, cause or suffer or permit to be made or caused, on any premises
owned, occupied or controlled by him or it, or upon any street, the
accumulation of garbage, refuse, manure or animal or vegetable matter
which is hazardous to the health or comfort of any of the inhabitants
in the Borough.
b.
Place or cause to be placed any obstruction of any kind whatsoever
in any stream, pond, spring or lake so as to interfere with the natural
flow or change the course thereof in any manner whatsoever, without
first obtaining the necessary permit so to do.
c.
Throw any paper or posters, stones, sticks, glass, metal, or any
hard, dangerous or offensive substance, upon any sidewalk, street
or public place or at any car, vehicle, house, building, fence or
person.
d.
Appear on any street, park or other public place in a state of nudity,
or make any indecent exposure of his or her person or commit or do
any lewd or indecent act or behave in a lewd or indecent manner.
e.
Disrobe in any automobile, truck or vehicle while the same is upon
any parking place, street, road, avenue, park or other public place.
f.
Sell or offer to sell any indecent picture, book or thing or exhibit
or perform any indecent, immoral or lewd play or other representation.
g.
Solicit, invite or in any manner suggest by word of mouth or any
writing or other communication or by any device whatsoever any lewd,
lascivious or other immoral act.
h.
Permit any house, shop, store or other building or structure owned
or occupied by him or her to be frequented or resorted to by noisy,
riotous or disorderly persons or by prostitutes, gamblers or vagrants.
i.
Maliciously destroy, damage or injure any property, public or private.
j.
Deal, play or engage in faro, roulette, dice, cards or other device
or game of chance, or buy or sell what is commonly known as a pool,
or any interest or share in any such pool, or shall make or take what
is commonly known as a book, upon the running, pacing or trotting
of any horse, mare, gelding or other animal, or any game, racing or
contest, or have in possession any ticket, slip or other writing or
printing, of an interest or share, or showing or indicating an interest,
share, bet or pledge, in any pool, lottery, racing contest or other
game of chance, or shall keep or attend a place to which persons may
resort for engaging in any such acts or for betting upon the event
of any horse race or other race or contest, or for gambling in any
form, and no person shall aid, abet, assist or participate in any
such pool, lottery, race or other contest or game of chance. This
subsection shall not be construed to apply to the holding and operation
of games of chance, commonly known as bingo or lotto, under a license
duly issued under the provisions of the "Bingo Licensing Law," and
the holding and operation of games of chance, commonly known as a
raffle or raffles, under a license duly issued under the provisions
of the "Raffles Licensing Law."
k.
Cause or permit to be emitted any dense smoke which contains soot
or other substances in sufficient quantities to permit the deposit
of such soot or other substances on any surface within the limits
of the Borough.
l.
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating
odor, or any odor that may be vile, offensive, obnoxious or nauseating
to any of the residents of the Borough.
m.
Remove, change, alter, obstruct, destroy, tap, shut off or interfere
in any way whatsoever with any water or sewer line or any utility
or any mechanical device connected thereto on any property, either
public or private, within the Borough, without having obtained permission
from the proper authorities.
n.
Carry, without lawful authority, any revolver, pistol or other firearm,
or other instrument of the kind known as a blackjack, slingshot, blowgun
or similar device, billy sand club, sand bag, bludgeon, metal knuckles,
dagger, dirk, dangerous knife, stiletto, bomb or other high explosive
concealed in or about his or her clothes or person or in any portable
vehicle, carriage, motorcycle or other vehicle.
o.
Possess, keep, sell or distribute any firecrackers, Roman candles,
skyrockets or any fireworks of any explosive nature commonly used
as fireworks display, also the use and shooting of said fireworks,
etc., unless permission is granted by the proper authorities.
p.
Have upon his or her person or in his or her possession any picklock,
key, crow, jack, bit or other implement, with any intent to break
and enter into any building.
q.
Go about from door to door or place himself or herself on any sidewalk,
street or store or other public or private place or places to beg
or gather alms.
r.
Participate in any practice, sport or exercise having a tendency
to annoy, disturb or frighten any person or persons on any sidewalk,
street, road, park or other public or private place, or having a tendency
to annoy or frighten horses or other animals.
s.
Enter any building or any public or private lands and break, injure
or deface such buildings or any part thereof, or the fences, outhouses
or other property belonging to or connected with such building or
lands; or disturb the exercises of any public school or molest or
give annoyance to children attending such school or annoy any teachers
therein.
t.
Unnecessarily obstruct any sidewalk, street or public place with
any kind of vehicle or vehicles or with any kind of box or boxes,
lumber, wood or other thing; but the provisions of this section shall
not prevent persons who are building from occupying such portion of
the sidewalk, street or public place designated in a permit therefor,
first obtained from the Construction Official.
u.
Intentionally, willfully or maliciously destroy or injure any of
the wires, posts, machines, bells, sirens, boxes, box or other apparatus
of any fire alarm system, or intentionally, willfully or maliciously
interfere with the same or any part thereof or hinder or impede any
of the operations intended to be accomplished thereby, or intentionally
cause or assist in causing a false alarm of fire to be given in any
manner.
v.
Hinder, prevent or deter by any device whatever any Firefighter or
other person from rendering lawful assistance in abating or quenching
a fire, or hinder or interfere with any Firefighter going to or returning
from any fire or place from which a fire alarm proceeds, or hinder
or obstruct any fire engine, hook-and-ladder truck, hose cart or other
fire apparatus going to or from any place from which a fire alarm
proceeds or where any building or property may be burning.
w.
Enter upon or trespass upon the land or property of any person without
lawful permission so to do.
x.
Invade the privacy of any person by going upon the private property
of others by stealth and at night for the purpose of peeping through
windows, doors or other openings, thereby engaging in conduct associated
with what is commonly known as a "peeping tom."
y.
Interfere with or obstruct a Police Officer, whether a regular Police
Officer or Special Law Enforcement Officer, whether in uniform or
not, in the carrying out of the duties, function or performance of
their responsibilities.
[1969 Code § 33-1]
It shall be unlawful for any person to discharge any gun, pistol,
firearm or other weapon within the Borough.
[1969 Code § 33-3]
This section shall not be construed to prohibit the discharge
of any gun, pistol, firearm or other weapon on premises licensed by
the Police Department for target practice.
[1969 Code § 33-6]
It shall be unlawful to exhibit for sale or sell any firecrackers,
torpedoes or fireworks of any kind or description within the limits
of the Borough of Elmwood Park.
[1969 Code § 33-7]
It shall be unlawful to fire or discharge any toy pistols, firecrackers,
torpedoes, or explode or discharge fireworks of any kind within the
limits of the Borough of Elmwood Park except upon written permit issued
by the Borough Clerk and approved by the Mayor.
[Ord. No. 03-16 § I]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean talking into or listening on a hand-held mobile
telephone, but shall not include holding a mobile telephone to activate,
deactivate or initiate a function of such telephone.
Shall mean a mobile telephone that has an internal feature
or function, or that is equipped with an attachment or addition, whether
or not permanently part of such mobile telephone, by which a user
engages in a call without the use of either hand, whether or not the
use of either hand is necessary to activate, deactivate or initiate
a function of such telephone.
Shall mean the distance that permits the operator of a mobile
telephone to hear telecommunications transmitted over such mobile
telephone, but shall not require physical contact with such operator's
ear.
Shall mean the device used by subscribers and other users
of wireless telephone service to access such service.
Shall mean holding a mobile telephone to, or in the immediate
proximity of, the user's ear.
Shall mean two-way real time voice telecommunications service
that is interconnected to a public switched telephone network and
is provided by a commercial mobile radio service.
[Ord. No. 03-16 § II]
a.
Except as otherwise provided in this section, no person shall operate
a motor vehicle upon a public street or highway while using a mobile
telephone to engage in a call while such vehicle is in motion.
b.
An operator of a motor vehicle who holds a mobile telephone to, or
in the immediate proximity of his or her ear while such vehicle is
in motion is presumed to be engaging in a call within the meaning
of this section. The presumption established by this subsection is
rebuttable by evidence tending to show that the operator was not engaged
in a call.
c.
The provisions of this section shall not be construed as authorizing
the seizure or forfeiture of a mobile telephone, unless otherwise
provided by law.
[Ord. No. 03-16 § III]
a.
1.
The use of a mobile telephone for the sole purpose of communicating
with any of the following regarding an emergency situation: an emergency
response operator; a hospital, physician's office or health clinic;
an ambulance company or corps; a fire department, district or company;
or a police department.
2.
Any of the following persons while in the performance of their official
duties: a police officer or peace officer; a member of a fire department,
district or company; or the operator of an authorized emergency vehicle;
or
3.
The use of a hands-free mobile telephone.
[Ord. No. 03-16 § IV;
amended 9-17-2020 by Ord. No. 20-23]
A violation of this section shall be punishable by a fine of
no less than $250 to a maximum of $500.
[Ord. No. 05-14 §§ I,
II]
The provisions of N.J.S.A. 39:4-50.22 (John's Law) require that
whenever a person is summoned by or on behalf of a person who has
been arrested for a violation of N.J.S.A. 39:4-50 (Driving While Intoxicated)
or Section 2 of N.J.S.A. 39:4-50.4A (Refusal to submit to chemical
test) in order to transport or accompany the arrestee from the premises
of a law enforcement agency, the law enforcement agency should provide
that person with a written statement advising of the potential criminal
and civil liability for permitting or facilitating the arrestee's
operation of a motor vehicle while the arrestee remains intoxicated;
and
On August 27, 2003, legislature of the State of New Jersey amended
N.J.S.A. 40:48-1 (Ordinances - general purposes) so as to authorize
a municipality to enact an ordinance to provide for protective custody
to persons arrested for operating a motor vehicle under the influence
of alcoholic beverage, and chemical substance or any controlled dangerous
substance in violation of N.J.S.A. 39:4-50.
[Ord. No. 05-14 § III]
a.
Any person who is arrested for a violation of the provisions of R.S.
39:4-50 shall be held in protective custody at an appropriate police
or other facility where the person's condition may be monitored until
the person is no longer a danger to himself or others. The person
shall be released from protective custody when that person is no longer
a danger to himself or others. A person is no longer a danger to himself
or others when the person's blood alcohol concentration is less than
0.05% and the person no longer under the influence of any intoxicating
liquor or narcotic or hallucinogenic or habit forming drug to the
extent that the person's facilities are impaired. In no event shall
the municipality's law enforcement agency hold a person in protective
custody for a period of longer than eight hours without providing
an appropriate hearing.
b.
Notwithstanding the provisions of this section, provided that it
is not a detriment to the public safety, the arresting law enforcement
agency may, because of the age, health or safety of the arrested person,
release the person pursuant to the provisions of P.L. 2001, c. 69
(N.J.S.A. 39:4-50.22 et seq.) or provide an appropriate alternative
to protective custody. The municipality and its law enforcement agency
shall not be subject to liability if a person is released from custody
pursuant to the provisions of this section under the Act.
c.
Nothing in this section shall be construed as requiring the use of
State Police facilities by the municipality for purposes of this section
under the Act.
d.
All the provisions of the Act referenced above are hereby incorporated
into and are deemed a part hereof.
[Ord. No. 2015-02]
This section shall be known and may be referred to as the "Curfew
Ordinance."
[Ord. No. 2015-02]
For the purpose of this section, the following terms, phases,
words and their derivations shall have the meanings herein. Where
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular,
and words in the singular number include the plural. The word "shall"
is mandatory and not merely directive.
Shall mean the Borough of Elmwood Park, Bergen County, New
Jersey, with administrative offices at 182 Market Street, Elmwood
Park, New Jersey.
Shall mean any person under the age of 18 years.
Shall mean any person having custody of a minor:
Shall mean to stay behind, to tarry and to stay unnecessarily
upon the streets in which any minor involved would not be using the
streets for ordinary or serious purposes such as mere passage or going
home.
Shall mean a way or place, of whatsoever nature, open to
the use of the public as a matter of right for purposes of vehicular
travel, or in the case of a sidewalk thereof, for pedestrian travel.
The term "street" includes the legal right-of-way, including but not
limited to the cartway of traffic lanes, the curb, the sidewalks,
whether paved or unpaved, and any grass plots or the grounds found
within the legal right-of-way of a street. The term "street" applies
irrespective of what it is called or formally named, whether alley,
avenue, court, road or otherwise.
Referred to herein is based upon Eastern standard time.
Shall mean continues from one birthday, such as the 17th,
to (but not including the day of) the next, such as the 18th birthday,
making it clear that 17 or fewer years of age is herein treated as
equivalent to the phrase "under 18 years of age."
[Ord. No. 2015-02]
It shall be unlawful for any minor to be or remain in or upon
any street, alley, highway, road, park, playground, dock or other
public ground or public place, place of amusement, entertainment,
vacant lot or other public place within the confines of the Borough
each year during the following periods of time: 9:00 p.m. October
30th through 6:00 a.m. October 31st; 9:00 p.m. October 31st through
6:00 a.m. November 1st.
[Ord. No. 2015-02]
In the following exceptional cases, a minor on the Borough streets
during the hours set forth above shall not be considered in violation
of this section.
a.
When accompanied by a parent, legal guardian, or other adult having
the care, custody and control of the minor;
b.
When accompanied by an adult authorized by a parent of such minor
to take said parent's place in accompanying said minor;
c.
When exercising rights protected by the United States Constitution
or its Amendments, such as the free exercise of religion, freedom
of speech and the right of assembly. The minor shall first deliver
to the Police Department at the Borough Municipal Building, at 182
Market Street, a letter signed by such minor and countersigned by
a parent of such minor stating their home address, telephone number
and specifying where and in what manner the minor will be on the streets
during hours when this section is otherwise applicable;
d.
In the case of reasonable necessity as determined by the Chief of
Police or his designee, but only after such minor's parent has written
to the Borough Police Department stating their name, address, telephone
number and the facts establishing such reasonable necessity and specifying
the streets and times for the described purpose, including points
of origin and destination;
e.
When the minor is directly in front of the place where such minor
resides or directly in front of either next door neighbor, if this
neighbor does not object to the minor's presence;
f.
When proceeding by a direct route to or from home, work, a school
activity, or an activity of religious or other voluntary association,
provided that it is within one-half-hour of the start or end of the
work or activity;
g.
When authorized by the Chief of Police or his designee when necessary
nighttime activities of a minor may be inadequately provided for by
other provisions of this section;
h.
When the minor is in a motor vehicle engaged in normal travel and
with parent's consent, or if the minor is engaged in interstate travel.
[Ord. No. 2015-02]
It shall be unlawful for any person, parent or guardian having
the legal care or custody of a minor knowingly to permit or, by inefficient
control, to allow such minor to be or remain upon any Borough street
in violation of this section. The term "knowingly" includes knowledge
which a parent should reasonably be expected to have concerning the
whereabouts of a minor in that parent's custody.
[Ord. No. 2015-02]
A Police Officer of the Borough upon finding or having attention
called to any minor on the streets shall take action pursuant to the
Borough of Elmwood Park Guidelines/State of New Jersey Attorney General
Guidelines.
[Ord. No. 2015-02]
Penalties for a violation of this section shall be the following:
a fine up to $1,000 and community service for any adult or juvenile
found in violation. If both the juvenile and the juvenile's parent
or guardian violate this section, they may be required to perform
community service together.
[Added 6-21-2018 by Ord. No. 18-13]
In an effort to maintain crowd control within the Borough, the
Borough intends to regulate certain outdoor events. An "outdoor event"
under this section shall mean any event that: 1) anticipates attendance
of 75 or more persons; and 2) occurs on either private or public property.
An "outdoor event" under this section may only occur in the
following zoning districts within the Borough:
|
R-3
|
Low/Medium Density Housing
|
|
R-5
|
Low/Medium Density Housing
|
|
R-9
|
Medium Density Housing
|
|
R-18
|
Medium/High Density Housing
|
|
R-MF
|
Multi-Family Housing
|
|
C-L
|
Local Commerce
|
|
C-G
|
General Commerce
|
|
C-O
|
Office
|
|
N-C
|
Neighborhood Commercial
|
|
I-R
|
Restricted Industrial
|
|
I-G
|
General Industrial
|
|
POP
|
Planned Office Park
|
|
ARHO
|
Age Restricted Housing Overlay
|
|
AH-1
|
Affordable Housing-1
|
|
AH-2
|
Affordable Housing-2
|
|
AEO
|
Adult Entertainment Overlay
|
The organizer of any outdoor event under this section is required
to obtain an application from the Borough at least 30 days in advance
of the event. The application must include the nature of the event,
the location, the start and end times of the event, identification
and contact information of a responsible party or organizer, and a
site diagram which depicts the entire area in which persons will be
attending the event.
An applicant must obtain general liability insurance with a
minimum coverage of $1,000,000 before the Borough will approve an
application under this section. The policy must name the Borough as
an additional insured.
An application fee of $250 will be assessed for any applications
filed under this section. The application fee will be waived for Borough-sponsored
events and certified nonprofit organizations.
All applications under this section shall be filed with the
Municipal Clerk and reviewed by the Elmwood Park Police Department,
the Fire Department, Code Enforcement officials, and, if necessary,
the Board of Health. The Mayor and Borough Council will have final
approval on all applications issued under this section, which will
be granted by vote via resolution.
Any person who violates this provision shall be subject to a
fine of not more than $500 for each separate offense and/or confinement
in the Passaic County Jail for a period of not more than 90 days.
In addition, the applicant is responsible for all "emergent costs"
incurred as a direct result of the scheduled event.
[Added 10-18-2018 by Ord. No. 18-25]
As used in this section, the following terms will have the meanings
indicated:
An establishment used for commercial purposes, including
but not limited to bars, restaurants, private offices, law offices,
fitness clubs, retail stores, barbershops, salons, banks (ATMs) and
financial institutions, supermarkets or grocery stores, liquor stores,
auto dealerships, bus stops and any other establishments operating
in the ordinary course of commerce.
No person shall:
a.
Interfere, obstruct, or otherwise disrupt, by means of force, violence,
use of obscene and/or abusive language toward someone, physical interference,
following a person, touching or create an obstacle to the lawful activities
of any commercial establishment in a manner outside the purview of
speech or conduct normally protected under the First Amendment of
the United States Constitution; or
b.
Prevent a person from lawfully entering a commercial establishment
at specified business hours in a manner outside the purview of speech
or conduct normally protected under the First Amendment of the United
States Constitution.
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not exceeding $2,000,
by imprisonment for a term not exceeding 90 days or by a period of
community service for not more than 90 days, or any combination thereof.
