[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 5-14-1969 by Ord. No. 608 (Ch. 15, Art.
10, of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Flea markets, auctions and games of chance — See Ch. 249.
A.
The Mayor and Council hereby finds and declares that:
(1)
The Borough is a suburban community whose primary
consideration is the promotion and maintenance of a satisfactory living
environment for the present and prospective inhabitants of the Borough
and the preservation of the public health, safety and welfare of the
municipality and its inhabitants;
(2)
The Borough is traversed by three major highways:
New Jersey State Highway Route No. 4; New Jersey State Highway Route
No. 17 and the Garden State Parkway, all of which are heavily traveled;
(3)
Shopping centers have been established on Route No.
17 and Route No. 4 in the Borough;
(4)
The Garden State Parkway intersects Route No. 17 approximately
one mile north of Route No. 4;
(5)
The traffic peak on the aforesaid thoroughfares in
the Borough is reached on Sunday with attendant traffic congestion;
(6)
The operation of highway businesses on Sunday prevents
the free flow of traffic, constitutes an ever-present hazard and renders
it difficult and dangerous for motor vehicles to enter and leave said
business premises;
(7)
The conduct of such Sunday businesses by some tends
to compel all businesses to remain open every day of the week for
long hours, thereby resulting in the physical and moral debasement
of the persons directly concerned with their operation and impinging
upon the peace and quiet and rest of the residents of the Borough;
(8)
The physical, intellectual and moral good of the community
requires a periodic day of rest from labor;
(9)
As some particular day must be fixed, the one most
naturally selected should be that which is regarded by the greatest
number of citizens as must appropriate, either by virtue of custom
or private religious beliefs; and
(10)
The public policy of our state is against all worldly
employment on Sundays, except works of charity and necessity.
B.
The cessation of such activity on Sunday is for the
general good and welfare of the community.
No worldly employment or business, except works
of necessity and charity, shall be performed or practiced by any person
within the Borough on the first day of the week, commonly called and
hereinafter designated as "Sunday."
Nothing contained in this chapter shall be construed
to prohibit the preparation and sale of drugs, meals, prepared food,
perishable agricultural and horticultural product and nonalcoholic
beverages on Sunday, nor to apply to sales of alcoholic beverages
which are otherwise subject to regulation under Title 33 of the Revised
Statutes of New Jersey and Borough ordinances.
Notwithstanding the provisions of this chapter,
any person may, on Sunday:
A.
Print, publish and sell newspapers, magazines and
periodicals;
B.
Sell and deliver milk, bread and baked goods;
C.
Walk, ride or drive for recreation;
D.
Hire conveyances for riding and driving and sell gasoline
and other petroleum products for motor vehicles;
E.
Engage or take part in any form of recreation, sport
or amusement that is not unlawful on other days of the week, if in
so doing such person does not disturb others in their observance of
Sunday;
F.
Sell and dispense, either directly or by vending machine,
cigarettes and other tobacco products.
G.
Exhibit, sell and offer for sale residential dwellings
located within the Borough.
If any person should be charged with having
labored or worked on Sunday and shall prove to the satisfaction of
the Judge that he uniformly keeps the seventh day of the week commonly
known as the "Sabbath," habitually abstains on that day from following
his usual occupation or business and from all recreation and devotes
the day to the exercise of religious worship and if the work or labor
for which such person is charged was done and performed in his own
home or workshop or on his premises and has not disturbed others in
the observance of the first day of the week, commonly known as "Sunday,"
as the Sabbath, then the defendant shall be discharged. This section
shall not be construed to allow any such person to openly expose to
sale on Sunday any goods, wares, merchandise or other article or thing
in the line of his business or occupation.
[Added 11-24-1992 by Ord. No. 92-23; amended 3-14-2006 by Ord. No. 06-2]
Unless another penalty is expressly provided herein, any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
