Township of Rochelle Park, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 8-3-1970 as Ord. No. 317. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 61.
Bingo and raffles — See Ch. 66.
Litter containers at circuses and carnivals — See Ch. 127.
[Amended 6-18-1997 by Ord. No. 755]
A. 
No circus, carnival, flea market or other open-air show or entertainment shall be produced, carried on or conducted in the township unless a permit therefor has been approved by the Township Committee and the permit fee paid as hereinafter provided in this chapter. Any nonprofit, charitable, eleemosynary or benevolent organization which is located or operates within the confines of the township and has as its primary purpose the raising of money for the promotion of health, safety, morals and general welfare of the community may be granted a permit for the operation of a circus, carnival, flea market and/or other open-air shows and entertainment in the Township of Rochelle Park on public lands based upon the requirements of this chapter.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
FLEA MARKET
The sale of items of tangible personal property wherein on one location there are multiple vendors who have paid a fee for the privilege of occupying the space allotted to each such vendor for the purpose of displaying and selling items of tangible personal property. The intent of this chapter relating to flea markets is to limit the number of occasions and the location of said sales, as is necessary for the preservation, safety, health and welfare of the residents of the Township of Rochelle Park.
A. 
The application for the permit shall be filed with the Township Clerk and shall state:
(1) 
Name and residence or principal office of the applicant.
(2) 
Purpose and place for which the applicant seeks a license.
(3) 
Whether or not the applicant has ever been convicted of any crime or violation of the Disorderly Persons Law of New Jersey (N.J.S.A. 2A:169-1 et seq.[1]) or of any violation of any ordinance of the township involving breach of the peace or immorality. If the answer is in the affirmative, the applicant shall state the date and nature of each conviction.
[1]
Editor's Note: Most of the provisions of the Disorderly Persons Law have been repealed and superseded by the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq.
(4) 
The duration for which a permit is sought.
B. 
The fee for the permit shall be payable with the filing of the application.
C. 
The following shall apply to flea markets only: No person, firm or corporation may conduct or participate in displaying or selling at a flea market, other than a bona fide charitable, eleemosynary, educational or cultural organization organized not-for-profit and being able to establish that it is such type of nonprofit organization, subject, however, to the following requirements:
[Added 6-18-1997 by Ord. No. 755]
(1) 
Each organization authorized to conduct or participate in displaying or selling at a flea market, in accordance with this section, will file an application with the Township Clerk at least 60 days prior to the date of the commencement of such flea market sale.
(2) 
Such application shall set forth the following:
(a) 
Name of organization conducting sale.
(b) 
Name and address of owner of the property upon which said flea market sale is to be conducted.
(c) 
Written consent of owner if applicant is other than owner.
(d) 
Street address or Tax Map reference of location at which the flea market sale is to be conducted.
(e) 
Number of days.
(f) 
Date, if any, of prior sales within three years prior to date of application.
(g) 
Whether or not applicant has been issued any other vendor's license by any local, state or federal agency.
(h) 
Whether or not sale will be held indoors or outdoors.
(i) 
Date or dates of sale.
(j) 
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
(3) 
No more than two permits to any one such organization shall be authorized in any one calendar year.
(4) 
Such flea market sales shall be limited to two consecutive calendar days and shall be conducted only between the hours of 9:00 a.m. and 5:00 p.m. Permittees shall be allowed a maximum of two rain days.
(5) 
The permit for the conducting of such sale must be prominently displayed upon the premises upon which the sale is conducted throughout the entire period of the sale.
A. 
The Township Clerk shall refer the application to the Chief of Police.
B. 
The Chief of Police, Fire Inspector and Ambulance Corps shall make or cause to be made an investigation of the facts stated in the application and an inspection of the premises in or on which the circus, carnival, flea market or other open-air show or entertainment is to be located. The Chief shall attach to the application his report thereon in writing, which shall also state his recommendation for approval or disapproval with the reasons therefor.
[Amended 6-18-1997 by Ord. No. 755]
C. 
Upon receipt of said application and police report, the Township Committee shall either approve or disapprove the issuance of the permit to the applicant.
D. 
No permit shall be approved by the Mayor and Township Committee or issued by the Township Clerk if it appears that:
(1) 
The applicant is not of good moral character.
(2) 
The premises in or on which the circus, carnival or open-air show or entertainment is to be located will constitute a hazard or nuisance to the safety of the public.
(3) 
The applicant is not qualified to conduct or operate a circus, carnival or other open-air show or entertainment.
A. 
Upon approval of the application as set forth in § 77-3 hereinabove mentioned, the Township Clerk shall issue the permit under the seal of the township and sign same.
B. 
The permit shall state:
(1) 
The name and post office address of the permittee.
(2) 
The number of the permit.
(3) 
The purpose for which the permit is issued.
(4) 
That the permit is issued for twenty-four-hour periods at the daily fee specified below and subject to revocation after any twenty-four-hour period for the reasons set forth in § 77-6.
C. 
The permit fee for the circuses, carnivals and open-air shows and entertainment per day shall be a maximum of $1,000. The permit fee for flea markets shall be $50. Said fees may be waived at the discretion of the Township Committee. It is understood that should said event include the sale or distribution of food or substances, additional fees may be charged pursuant to Chapter 100, § 100-2C, Food handling permits.
[Amended 5-5-1986 by Ord. No. 519; 6-18-1997 by Ord. No. 755]
The failure of a permittee to produce his permit and exhibit same to any police officer or authorized township official upon request shall constitute a violation of this chapter.
A. 
Any permit issued under this chapter may be revoked by the Mayor and Township Committee, after due notice and hearing, for any of the following grounds:
(1) 
False statement in the application for the permit.
(2) 
Disorderly or immoral conduct in or on the place or premises covered by the permit.
(3) 
The premises covered by the permit constitutes a hazard to the health, safety or morals of the public.
(4) 
Violation of the provisions of any applicable state law or ordinance of the township.
(5) 
Any cause that would be grounds for a denial of the permit in the first instance.
B. 
In case of emergency and pending the aforesaid hearing, the Chief of Police or the Health Officer shall have the power and authority to suspend the permit and close the operation of the show covered by the permit.
C. 
The Zoning Enforcement Official shall have the authority to inspect and, if necessary, recommend to the Township Committee revocation or suspension of the permit issued pursuant to this chapter.
[Added 6-18-1997 by Ord. No. 755]
[Amended 6-18-1997 by Ord. No. 755]
Any permit issued under this chapter may be renewed upon the same terms and conditions and upon payment of the same fee as is provided herein with respect to the original permit.
Any person who violates any provisions 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.