[Adopted 7-21-2015 by Ord. No. 2015-12]
A. 
It is hereby declared to be the purpose of this article to use the police power of the Borough of East Rutherford to regulate the hours of operation and closure of various types of businesses and commercial establishments to which the public is invited, in order to curtail crime, noise, inconvenience, disturbance and public nuisance, to protect the safety and welfare of the employees and patrons of such businesses and establishments and of persons living in proximity to such businesses and establishments, and to enhance the quality of life for Borough residents; and
B. 
It is hereby declared to be in the best interests of the health, safety and welfare of the residents of the Borough of East Rutherford, as well as the employees and patrons of such businesses and establishments, that the businesses and establishments regulated by this article cease the conduct of their business, operations and activities at a reasonable hour.
No business or commercial establishment to which the public is invited within the Borough of East Rutherford shall be opened to the public or conduct any such business, operations or activities in any manner before 5:00 a.m. on any day and after midnight on the same day, seven days of the week.
Subject to § 214-17 below, the following businesses and commercial establishments, if not otherwise excluded pursuant to § 214-15 above, shall be excluded from the application of § 214-15, all being either otherwise regulated by law, deemed to involve minimal nuisance characteristics, necessary to the public health, safety, welfare or convenience, or some combination of the foregoing, as follows:
A. 
Establishments licensed for the sale of alcoholic beverages pursuant to Chapter 95 of this Code whose hours and mode of operation are governed separately by this Code and by N.J.S.A. 33:1-1 et seq. of the laws of New Jersey pertaining to alcoholic beverages.
B. 
Hotels and motels.
C. 
Medical and dental offices, hospitals, nursing homes and rehabilitation centers.
D. 
Supermarkets, groceries, and convenience stores selling food products within the interior of an enclosed building or structure primarily for off-premises preparation or consumption on a state highway attached to or part of a twenty-hour business, such as a service station or a hotel.
E. 
Incidental activities, not involving business operations or sales or services, within or about any business or commercial establishment which may be required in advance of or after the hours of operation permitted by § 214-15, including, but not limited to, cleaning and sweeping, off-street loading and unloading of inventory and supplies, and disposal of waste and garbage, provided that such activities are carried on in such reasonable manner as to emit the least possible noise.
Notwithstanding anything contained in § 214-16 above, other than businesses and commercial establishments set forth in § 214-16A and C, and any business or commercial establishment which, as of the effective date hereof, operates on a twenty-four-hour-a-day basis or during any other hours that are different from those permitted under § 214-15 above and has continuously and lawfully done so, no business or commercial establishment shall be excluded from § 214-15 which is situated within 500 feet of a residential zone or any residential property, measured in a straight line between the closest points of the respective lot lines.
Any person, firm, corporation, limited liability company, partnership or other business entity or commercial establishment of any type whatsoever violating the provisions of this article shall, upon conviction, pay a fine not to exceed $1,000 or be imprisoned for a term not to exceed 90 days, or both, in the discretion of the court. A separate offense shall be deemed committed on each day or part thereof during or on which a violation occurs or continues.
Any waiver of or relief from the provisions contained in this article, in whole or in part, may be sought by way of an application made to the Mayor and Council of the Borough of East Rutherford pursuant to this section. The Mayor and Council shall have the authority to provide relief from and/or waive the provisions contained in this article, in whole or in part.