[HISTORY: Adopted by the City Council of
the City of East Orange 5-9-2005 by Ord. No. 13-2005;[1] amended in its entirety 10-9-2007 by Ord. No. 26-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 127.
[1]
Editor's Note: This ordinance also repealed
former Ch. 138, Entertainment Hours, adopted 3-25-1968 by Ord. No.
20-1968 as Ch. 6, Art. I, Sec. 6:1-3, of the 1968 Code, as amended.
It is hereby declared that the City wishes to
address serious crime and quality-of-life issues on a City-wide basis.
The East Orange Police Department has determined that a significant
percentage of violent crime in East Orange occurs between the hours
of 11:00 p.m. to 6:00 a.m., and the operation of certain small retail
businesses, places of public entertainment and places of private entertainment
and meetings during these hours is a substantial contributing factor
to, or source of, late-night robberies, breaches of the peace and
illegal drug activity.
The purpose of this chapter is to establish
reasonable and safe hours within which retail businesses, places of
public entertainment and places of private entertainment and meetings
may operate within the City. The governing body deems that the time
restrictions set forth herein are necessary to protect the public
health, safety and welfare of the City's residents. Allowing certain
businesses to operate at unreasonable and unsafe hours not only hinders
the provision of adequate police protection, but disrupts the peace
and tranquility of the community. Therefore, it is hereby determined
to be in the best interests of the public health, safety and welfare
of the residents of the City of East Orange that certain retail businesses,
places of public entertainment and places of private entertainment
and meetings cease to operate at unreasonable and unsafe hours.
A.
For purposes of this section, "retail business" means
any business which holds itself out to the general public for the
sale of retail, goods or services. It does not include taverns, indoor
theaters, motion-picture theaters and other places where cultural
and educational assemblies are being conducted.
C.
The time limitations in this section do not apply
to the following:
(1)
Activities such as stacking of shelves, taking of
inventory, and other similar activities, provided that such activities
do not cause noises or sounds which may be heard outside of the walls
of any building on the premises where the retail business is located;
(2)
Retail businesses which are accessible to the public
for business after 11:00 p.m. solely by means of a drive-up facility,
containing a protective enclosure from behind which transactions of
business with the public are conducted; or
(3)
Retail business where the parking is contiguous and
adjacent to the front or rear entrance of the business and where the
owner or operator is the actual owner or tenant of the parking area.
For the purposes of this chapter, patrons utilizing the retail business
must be able to access the business through the entrance (front or
rear) that is contiguous and adjacent to the parking facility.
A.
For purposes of this section, "places of public entertainment"
shall mean poolrooms, bowling alleys, motion-picture establishments
and other similar establishments.
B.
Places of public entertainment may open to the public
for business only within the time restrictions set forth in this section.
(1)
Monday to Saturday: 8:00 a.m. to 2:00 a.m. the next
succeeding day, prevailing time;
(2)
Sunday: 1:00 p.m. to 2:00 a.m. the next succeeding
day, prevailing time, except that, on Sunday, motion-picture establishments,
theaters and multipurpose spaces shall not open to the public before
11:00 a.m. For purpose of this section, "multipurpose space" means
a room or space used to accommodate cultural functions, social gatherings
and other activities such as dining, plays, films, assemblies, community
meetings, physical education and large group instruction.
A.
For purposes of this section, "places of private entertainment
and meetings" shall mean churches, clubs, conference centers, lodge
buildings, private and parochial schools, or any other establishment
that rents or leases the premises for parties and other activities
where alcohol is consumed at a party or other social function. For
the purposes of this section, it shall be in effect irrespective of
whether alcohol is served or consumed.
B.
Places of private entertainment and meetings shall
conclude operations Sunday to Saturday at 2:00 a.m. the next succeeding
day, prevailing time, and shall require that all patrons leave the
area of the establishment (as defined under this section) immediately
after the conclusion of operations.
C.
The owners (or their designee) of any establishment
as defined under this section shall provide to the office of the Chief
of Police a listing of any social event or party located on the premises,
the name, address and telephone number of the individual or organization
sponsoring the event. Said listing shall be provided within 72 hours
of the scheduled event. In addition, the owners (or their designee)
shall provide to the office of the Chief of Police the name, address
and telephone number of the individual responsible for event operations
at the establishment.
Any person, firm or corporation found in violation
of this chapter shall be subject to a fine not to exceed $750 or imprisonment
for a period not to exceed 90 days, or both.
