[HISTORY: Adopted by the City Council of the City of Pleasantville
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land management — See Ch. 300.
[Adopted 2-5-2018 by Ord.
No. 1-2018]
No business or commercial establishment to which the public
is invited, defined either as a "permitted use," "accessory use,"
or "special exception use," within the Central Business District (CBD)
set forth in the City of Pleasantville Land Use Ordinance,[1] as amended, or as may hereafter be amended or supplemented,
or any nonconforming such use or variance permitting such use, located
within such districts, or in any other zoning district, shall be opened
to the public or conduct any such business, operations or activities
in any manner before 6:30 a.m. on any day and after 11 p.m. on the
same day. Except with respect to security lighting, all exterior and
window electrical lighting or illumination, whether temporary or permanent,
for each such business or commercial establishment shall be extinguished
at the closing time thereof, as established herein.
Subject to § 117-3 below, the following businesses and commercial establishments, if not otherwise excluded pursuant to § 117-1 above, shall be excluded from the application of § 117-1, 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 the Code of the City of Pleasantville. New Jersey, whose hours
and mode of operation are governed separately by City ordinances and
by the laws of New Jersey pertaining to alcoholic beverages.
B.
Gasoline service stations, provided such operations do not include automobile, truck or other motor vehicle repair or body and fender repair work during the hours of operation prohibited by § 117-1 above.
C.
Hotels and motels.
D.
Medical and dental offices, hospitals, nursing homes and rehabilitation
centers.
E.
Restaurants offering full service meals on a twenty-four-hour basis.
seven days a week.
F.
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 § 117-1, including, but not limited to, cleaning and sweeping, off-street loading and unloading of inventory and supplies, and disposal of waste and garbage, provided such activities are carried on in such reasonable manner as to emit the least possible noise.
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 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, must be sought by way of an application made to the City Council of the City of Pleasantville pursuant to this § 117-4, and only the City Council shall have the authority to provide relief from and/or waive the provisions contained in this article, in whole or in part.
