[HISTORY: Adopted by the Municipal Council
of the City of Clifton 12-4-1962 by Ord. No. 3471 (Article 12 of Chapter
10 of the Revised Ordinances of the City of Clifton, New Jersey, 1960).
Amendments noted where applicable.]
The Municipal Council of the City of Clifton
hereby declares its intent to regulate in a manner consistent with
the interest of the citizens of the City of Clifton the location,
the installation, the maintenance and operation of coin-operated dry-cleaning
machines.
It shall be unlawful to install, operate or
maintain any "automatic coin-operated or self-service dry-cleaning
machine" as hereinafter defined except in compliance with the provisions
of this chapter.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
Includes those premises wherein devices for the cleaning
of textiles, fabrics, garments or other articles by the use of any
solvent, other than water, are installed for use by the general public,
and designed to be used or operated by any but the owner, or an employee
of the owner thereof.
Includes any device or apparatus for the cleaning of textiles,
fabrics, garments or other articles by the use of any solvent, other
than water, for use by the general public, and designed to be used
or operated by any but the owner, or an employee of the owner thereof.
That portion of the establishment to which the general public
is permitted access.
That portion of the establishment to which the customer is
not permitted access and used for general maintenance and storage
purposes.
Includes any individual, partnership, corporation, company,
firm or any public or private entity.
A substance capable of, or used in, dissolving something.
[Amended 11-14-1966 by Ord. No. 3734]
A.
License required. It shall be unlawful for any person
to operate any automatic coin-operated or self-service dry-cleaning
machine without first having received a license therefor from the
City Clerk.
B.
Application for license. Any person desiring to operate
an automatic coin-operated or self-service dry-cleaning establishment
shall make application therefor in writing to the City Clerk.
C.
Contents of application. Such application shall include
the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's
residence address and date and place of birth.
(4)
If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity,
in the case of a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the
principal office [The term "stockholder," as used herein, means and
includes any person owning or having an interest, either legal or
equitable, in 10% or more of the stock issued and outstanding of the
applicant corporation.]; in the case of another entity, the full names,
residence addresses, dates and places of birth of each person owning
or having any interest, either legal or equitable, aggregating in
value 10% or more of the total capital of said entity, the name and
address of the registered agent, if any, and the address of the principal
office.
(6)
Whether the applicant or any partners, officers or
stockholders thereof have ever been arrested or convicted of a crime,
and, if so, the name of the person arrested or convicted, the date
of arrest, the crime or charge involved and the disposition thereof.
The term "officers," as used herein, means and includes the president,
vice presidents, secretary and treasurer of a corporate applicant.
(7)
The proposed location of the establishment, a floor
plan showing the building outline and location of the equipment, including
provisions for ventilation for both the machines and the room in which
the machine will be located.
(8)
The manufacturer of the machine, the trade name and
manufacturer's agent.
(9)
The name, address and authorized officer of the person
engaged to install the equipment.
(10)
Names, addresses and telephone numbers of maintenance
personnel.
D.
Processing of application.
(1)
Upon receipt of such application, the City Clerk shall
notify the Health Department, Building Department and Fire Public
Safety Department, and said departments shall make such investigations
of maintenance and storage facilities, as well as machines and their
locations in and about the the premises, as may be necessary to determine
compliance with the provisions of this chapter.
[Amended 4-6-1971 by Ord. No. 4037-71]
(2)
Upon receipt of the results of said investigations,
the City Clerk shall forward said results, together with the application,
to the Planning Board.
(3)
The Planning Board shall recommend whether the application
should or should not be granted and shall return the application,
the results of said investigations and its recommendation to the City
Clerk.
(4)
The City Clerk shall then present the application,
the results of said investigations and the recommendation of the Planning
Board to the Municipal Council for its consent and approval.
(5)
Consent and approval shall not be granted when the
proposed location of the establishment is part of a building which
is occupied in part as a dwelling.
E.
Issuance of licenses. Upon the consent and approval
of the Municipal Council, the City Clerk shall issue such license.
F.
Fee. The annual fee for such license shall be $25
plus $5 for each automatic coin-operated or self-service dry-cleaning
machine over five maintained in any one establishment.
G.
Term and transferability. Each such license shall
expire on the 31st day of December following its issuance, unless
sooner suspended or revoked by the Municipal Council, and shall automatically
be renewed by the City Clerk upon payment of the annual fee; provided,
however, that nothing contained herein shall be construed to mean
that the license may be transferred from person to person or from
the location for which it was originally issued, and provided further
that such license may not be transferred from person to person or
from the location for which it was originally issued.
A.
Each licensee shall notify the City Clerk immediately
of any proposed sale, assignment or change in ownership of the premises
affected hereunder.
B.
No automatic coin-operated or self-service dry-cleaning
machine shall be operated on Sundays or legal holidays.
C.
The time for the operation of automatic coin-operated
or self-service dry-cleaning machines shall be restricted to the hours
between 8:00 a.m. and 10:00 p.m.
D.
Each person who is the owner, operator or manager
of a business of maintaining and operating separate dry-cleaning machines
for personal and individual use, where made available to the public,
shall provide an attendant who is familiar with the operation of such
machines and other machines installed on the premises used therein
and who shall be in attendance at all times when such machines are
made available.
E.
No automatic coin-operated or self-service dry-cleaning
machine shall be used by any person who is less than 17 years of age.
A suitable sign of such age restriction must be prominently posted.
A.
The public shall only be permitted access to that
portion of a coin-operated or self-service dry-cleaning machine which
is necessary for use of those machines. The remaining portion of each
machine shall be separated from the customer area by a partition in
which there are grilles or similar ventilation devices. This partitioned
off area shall be called the "maintenance area." The access door to
the maintenance area shall be self-closing and locked to prevent access
by the public.
B.
No person other than the license holder and an employee
or representative of the license holder shall enter the maintenance
area.
C.
The maintenance area shall not be interconnected with
an area containing heating devices requiring air for combustion, such
as gas dryers, water heaters and comfort heating devices.
D.
Heating devices requiring air for combustion shall
be installed in such a fashion as to obtain air for combustion from
the outside atmosphere.
E.
Ventilation of establishments shall be effected by
the drawing of air from the customer area through grilles or other
openings in the partition by means of an exhaust fan or fans operating
in the maintenance area. Exhaust fans shall have a rated capacity
of 400 cubic feet per minute (c.f.m) per machine for normal use and
1,000 cubic feet per minute for use in emergencies. The rated capacities
of exhaust fans shall appear on this equipment or its nameplate. If
air is being constantly exhausted as a built-in feature of the equipment,
the rated capacity of the fan can be reduced by the amount so exhausted.
F.
Air shall be replenished at a temperature not less
than 60º F. as quickly as it is exhausted from the customer area.
G.
Each automatic coin-operated or self-service dry-cleaning
machine shall be equipped with an exhaust system that maintains a
minimum of 100 feet per minute velocity through the loading door whenever
the door is open. The duct work connections to this system shall be
sealed (soldered or taped) and the discharge outlet extended to a
minimum height of five feet above the roofline and shall be located
so that the effluent may not reenter the premises.
H.
The terminal of any exhaust shall be at least five
feet from any window or ventilating opening if said ventilating window
or ventilating opening lies on the same plane as the exhaust terminal;
when the ventilating windows or other ventilating openings lie on
a plane which faces in the direction of the exhaust terminal, such
terminal shall be at least 10 feet away from the same.
I.
A concrete dyke or metal pan or similar facility shall
be installed at the location of each machine to collect and contain
spillage. This facility shall be constructed of a material impervious
to the solvent used.
J.
The floor covering in the customer area shall be made
of a material resistant to the solvents used in such machines.
K.
All establishments shall meet the requirements of
all established state and local laws, codes and regulations, including
but not limited to air pollution, electrical wiring, plumbing, fire
prevention, waste disposal, sanitation, solvent storage, food or beverage
vending, hours of operation and presence of an attendant.
A.
A respirator, approved by the United States Bureau
of Mines as affording protection against organic solvent vapors, shall
be provided for and used by maintenance personnel during correction
of leakage, cleaning of the system, removal of lint and muck bags
and at all times when the odor of solvent is noticeable.
B.
The customer area shall be equipped with a fire extinguisher,
approved for use against electrical or oil fires by the National Board
of Fire Underwriters.
C.
A step-by-step, readily legible instruction list for
operation of machines shall be posted in a conspicuous location near
the machine in the customer area. These instructions shall include
a list of items not to be dry cleaned in coin-operated or self-service
dry-cleaning machines. The list shall include all items made in part
or completely of plastic, rubber, leather, paper, fur angora, urethane
or suede, but this list shall not be deemed to be exclusive.
D.
Each establishment shall post in a conspicuous location,
readily visible from the outside of these premises, the telephone
number or numbers to be called in the event of an emergency.
E.
Each machine shall be provided with an interlock system
to prevent the loading door from being opened during the normal cycle
or in the event of a power failure. This system may be either electrical
and/or mechanical.
F.
No machine shall be permitted to be operated in a
coin-operated or self-service dry-cleaning establishment which in
normal operation fails to eliminate all vapors from the cleaned items
upon completion of the dry-cleaning cycle.
G.
No odor-masking agent shall be used in the solvent
which is used in any automatic coin-operated or self-service dry-cleaning
machine.
H.
Immediate action shall be taken to eliminate solvent
odor which might enter into the customer area. Failure to take such
action shall be just cause for closing the establishment. Vapors or
odors from establishments shall be exhausted in such manner as not
to constitute air pollution, as defined by statute (P.L. 1954, c.
212[1])
[1]
Editor's Note: See N.J.S.A. 26:2C-1 et seq.
I.
No person shall use spotting equipment containing
flammable material in a coin-operated or self-service dry-cleaning
establishment.
J.
Each machine shall be inspected each day it is in
operation and kept in good repair by the owner or agent, servant or
employee of the owner. A record shall be kept in the maintenance area
of all inspections and repairs made.
K.
Solvents shall be kept in closed airtight containers
and handled in such a manner as to prevent the escape of odors.
The Health Department and other authorized representatives
of the City of Clifton shall inspect establishments as often as they
deem it necessary. The permit holder or his representative shall permit
access to any portion of the establishment for the purpose of making
such an inspection.
Any coin-operated or self-service dry-cleaning
establishment constructed, operated or maintained in violation of
the provisions of this chapter is hereby declared to be a nuisance
and is detrimental to the public health.
[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
Ordinance No. 3389, passed on October 17, 1961,
is hereby repealed. All other ordinances or parts of ordinances inconsistent
herewith are hereby repealed as to such inconsistency only.
