Questions about eCode360? Municipal users Join us Monday through Wednesday between 12pm and 1pm EDT to get answers and other tips!
Borough of Woodland Park, NJ
Passaic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1972 Code § 7-1.1]
The purpose of this section is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the Borough, except Alcoholic Beverage Licenses and Dog Licenses.
[1972 Code § 7-1.2]
All applications for licenses shall be accompanied by the required fee and shall be made to the Municipal Clerk upon forms provided by the Clerk, and shall contain the following information:
a. 
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
b. 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
c. 
If a vehicle is to be used, its description including the license number.
d. 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
e. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
f. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
g. 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed.
h. 
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
i. 
The applicant shall be fingerprinted if the Chief of Police determines that fingerprints are necessary for proper identification. Fingerprint records shall be immediately processed for classification and identification.
j. 
Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
k. 
Two (2) photographs, not over one (1) year old, showing applicant's face, front and profile, of a minimum size of one and one-half inches by one and one-half (1 1/2 x 1 1/2) inches. The photographs shall be affixed to the application.
[1972 Code § 7-1.3]
Each application shall be referred to the Chief of Police or a Police Officer designated by him, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity as he considers necessary for the protection of the public. The Chief of Police shall communicate his findings in writing to the Municipal Clerk within a reasonable time after the application has been filed. If the investigator decides that the applicant's character, ability or business responsibility are unsatisfactory, or the products, services or activity are not free from fraud, he shall disapprove of the application in writing, with appropriate explanatory remarks and the Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Municipal Clerk shall issue the license immediately, provided the required license fees have been paid except in cases where approval of the Mayor and Council is required. In the case of an application for a solicitor's, peddler's, or canvasser's license, the license may be issued immediately subject to the investigation. In the event of the refusal of the issuance of a license, the applicant may appeal to the Council for hearing. The appeal must be filed, in writing, with the Municipal Clerk within fourteen (14) days after notification of the refusal. The Council shall hold its hearing within ten (10) days thereafter. The decision of the Council shall be final.
[1972 Code § 7-4]
Licenses shall be in a form which the Council shall prescribe by resolution, and shall contain the following information:
a. 
The name and address of the licensee.
b. 
The number and type of the license and the nature of the licensed activity.
c. 
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
d. 
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
e. 
The expiration date of the license.
f. 
Any other appropriate information which the Mayor and Council may, by resolution, require.
[1972 Code § 7-1.5]
The Municipal Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by Subsection 8-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Mayor and Council may, by resolution, require.
[1972 Code § 7-1.6]
When the licensed activity is conducted at a fixed location, or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases the licensee shall have the license in his possession at all times and shall display it upon the request of any Police Officer or any person with whom he is doing business.
[1972 Code § 7-1.7]
Every license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place, in cases where the licensed activity is conducted at a fixed location, but only with the approval, by resolution, of the Council. The fee for the transfer of a license from place to place shall be five ($5) dollars.
[1972 Code § 7-1.8]
a. 
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight local time. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
b. 
When an application for a license is made during the course of any calendar year, the fee shall be prorated to the nearest month. Any period of time greater than one-half (1/2) a month shall be considered as a full month for this purpose.
[1972 Code § 7-1.9]
Any license or permit issued by the municipality may be revoked by the Council after notice and a hearing for any of the following causes:
a. 
Fraud or misrepresentation in any application for a permit or license.
b. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
c. 
A violation of any provision of this revision.
d. 
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
e. 
Conduct of the licensed activity whether by the licensee himself or his agents or employees in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
f. 
Whenever a license has been issued immediately upon an application, pending the results of the investigation provided for by this chapter, the license may be summarily revoked if the result of the investigation would have resulted in denial of the application.
[1972 Code § 7-1.10]
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Municipal Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five (5) days prior to the date set for the hearing.
[1972 Code § 7-1.11]
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Council shall revoke or suspend the license if they are satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
[1972 Code § 7-1.12]
The Council may issue another license to a person whose license has been revoked or denied as provided in this section if after hearing they are satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him, directly or indirectly, shall be issued under license to carry on the same activity.
[1972 Code § 7-1.13]
The Council may, by resolution, make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of administering the provisions of this chapter or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this chapter and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.
[1972 Code § 7-2.1]
As used in this section:
PEDDLER
shall include any person, whether a resident of the municipality or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street or street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit ices, soda water, garden farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. The word "peddler" shall include the words "hawker," "huckster" and vendor."
[1972 Code § 7-2.2]
It shall be unlawful for any person to engage in the business of peddler as defined in this section within the corporate limits of the municipality without first obtaining a permit and license as provided by this section.
[1972 Code § 7-2.3]
The license fee for a peddler on foot shall be ten ($10) dollars per year; and a license fee for a peddler from a vehicle shall be thirty ($30) dollars per year; the license fee for ice cream vendors shall be two hundred ($200) dollars. The fees as set forth are for the purpose of raising revenues. No portion of the fee shall be prorated for any part of the year.
[1972 Code § 7-2.4]
No peddler shall have any exclusive right to any location, nor shall be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgment of a Police Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[1972 Code § 7-2.5]
No person shall sell, offer for sale, hawk or peddle in the Borough any of the items listed in Subsection 8-2.1 of this section before 9:00 a.m. or after 8:30 p.m. nor on Sundays or holidays.
[1972 Code § 7-2.6]
Every Police Officer shall require a person who is peddling, who is not known by the Officer to be licensed to produce his peddler's license. The Police Officer shall enforce the provisions of this section against any person found to be violating the same.
[1972 Code § 7-2.7]
This section shall not be construed to include:
a. 
The delivery of milk, ice cream, eggs, bread, newspapers or other necessary and perishable articles of food or merchandise of the type commonly delivered on a house to house basis at intervals of less than one (1) week.
b. 
Federal census takers and polls or surveys taken pursuant to Federal, State or local laws shall not be prohibited by this section.
c. 
Any veteran or volunteer Firefighter who holds a special license issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application for a license, but shall be required to comply with all other applicable sections of this chapter.
[1972 Code § 7-2.8]
Equipment, including motor vehicles used or employed by peddlers of ice cream, foods, beverages, confections and other related commodities, shall be maintained in a clean and sanitary manner and be subject to the inspection of the Board of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.
[1972 Code § 7-3.1; Ord. No. 03-14 § 7-3.1]
As used in this section:
SOLICITOR OR CANVASSER
shall mean a person, whether resident of the municipality or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, with or without accepting an advance payment for the goods. The term solicitors shall also include any person who may be taking a poll or a survey from house to house or on the streets.
[1972 Code § 7-3.2; Ord. No. 03-14 § 7-3.2]
It shall be unlawful for any solicitor or canvasser as defined in this section to engage in any business within the municipality without first obtaining a license.
[1972 Code § 7-3.3; Ord. No. 03-14 § 7-3.3]
This section shall not apply to any person who has obtained a charitable solicitors permit in accordance with Section 8-4 of this revision nor shall it apply to any person distributing literature or handbills on behalf of a candidate for public office nor shall it apply to any person engaging in religious proselytizing nor engaging in nonreligious speech distributing advertisements or handbills, provided this is not in conjunction with any type of request for money or charitable services.
[1972 Code § 7-3.4; Ord. No. 03-14 § 7-3.4]
In addition to the information required by Subsection 8-1.2, the application for a solicitor's license shall indicate the place where the goods or property to be sold, or orders taken for the sale thereof, are manufactured or produced, where these goods or products are located at the time the application is filed, and the proposed method of delivery.
[1972 Code § 7-3.5; Ord. No. 03-14 § 7-3.5]
The license fee which shall be charged by the Municipal Clerk for such license shall be thirty ($30) dollars.
[1972 Code § 7-3.6; Ord. No. 03-14 § 7-3.6]
The Municipal Clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "Licensed Solicitor," the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of ten (10) feet. A badge shall, during the time the licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous.
[1972 Code § 7-3.7; Ord. No. 03-14 § 7-3.7]
No soliciting or canvassing activities shall be conducted before 9:00 a.m. or later than 9:00 p.m., nor on Sundays or holidays, and any persons engaged in soliciting or canvassing shall only use the main entrance of any building or home.
[Ord. No. 03-14 § 7-3.8]
Notwithstanding any other provisions of this section, any person, firm or corporation who is the owner or lawful occupant of private property within the territorial limits of the Borough of Woodland Park, New Jersey, may prohibit the practice of going in or upon the private property and/or the private residence of such owner or occupant, by uninvited canvassers, solicitors, peddlers, hawkers, itinerant merchants or transient vendors, by posting upon each such property a sign which reads "No Solicitation" in a location which is reasonably visible to persons who intend to enter upon such property. "No Solicitation" signs, in the form of stickers, are available at the office of the Mayor and will, upon request, be furnished to any person, firm or corporation wishing to post the sign.
[1972 Code § 7-4.1]
As used in this section:
CHARITABLE AND PHILANTHROPIC
shall mean and include patriotic, religious, service, welfare, benevolent, educational, civil or fraternal corporations, organizations, associations, societies and the like.
CONTRIBUTION
shall mean and include the words alms, food, clothes, money, subscription or property of any nature or kind.
PERSON OR ORGANIZATION
shall mean any individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league.
SOLICITOR AND SOLICITATION
shall mean the request, directly or indirectly, of money, credit, property, financial assistance, and other things of value on the plea or representation that any money, credit, property, financial assistance or other things of value will be used for a charitable and philanthropic purpose as defined in this chapter. "Solicitation" shall be deemed to be complete when made, whether or not the person soliciting receives any contribution.
[1972 Code § 7-4.2]
No person or organization shall solicit charitable and philanthropic contributions within the Borough without first obtaining a permit authorizing such public solicitations. The provisions of this section shall not apply to any established person or organization authorized and not operated for the pecuniary profit of any person if the solicitations by that person or organization are conducted among the members thereof or if the solicitations are in the form of collections or contributions at the regular assembly or meetings of that person or organization.
[1972 Code § 7-4.3]
Application for a permit to make a public solicitation of funds by charitable and philanthropic organizations shall be made to the Municipal Clerk upon forms provided by the municipality.
In addition to the application herein stipulated in Subsection 8-1.2, the application required shall contain the following information:
a. 
The purpose for which the solicitation is to be made and the estimated amount of funds proposed to be raised.
b. 
A specific statement showing the need for the solicitation.
c. 
The name and address of the person or persons who will be in direct charge of conducting the solicitation.
d. 
The names and addresses of all persons making the proposed solicitation.
e. 
A brief outline of the method to be used in conducting the solicitation.
f. 
The time and dates when the solicitations shall be made, giving preferred dates and alternate dates for the beginning and ending of the solicitation.
g. 
The amount of any wages, fees, commissions or expenses to be paid to any person or organization for conducting the solicitation and the names and addresses of all persons.
h. 
A full statement of the character and extent of the charitable and philanthropic work conducted by the applicant within the municipality.
i. 
A statement to the effect that if the permit is approved, it will not be used or represented in any way as an endorsement of the proposed solicitation by the municipality or by any of its officers or departments.
If while the application is pending, or during the term of any permit granted, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the Municipal Clerk in writing within twenty-four (24) hours after the change.
[1972 Code § 7-4.4]
The investigation required under Subsection 8-1.3 shall be limited to that sufficient for the Chief of Police to make a determination that the person or organization is bona fide. Upon making a determination the Chief of Police shall approve the application and notify the Municipal Clerk.
[1972 Code § 7-4.5]
If the application shall be approved, the Municipal Clerk shall immediately notify the applicant of approval and issue the permit without charge. If the application is disapproved, a notification of that decision shall immediately be sent to the applicant by the Municipal Clerk stating the reasons for disapproval.
[1972 Code § 7-4.6]
If the application has been disapproved, the applicant may appeal the decision to the Council by filing a written notice of appeal with the Clerk within fourteen (14) days after the notice of disapproval. The Council shall hold its hearing within ten (10) days thereafter and the decision of the Council shall be final.
[1972 Code § 7-4.7]
It shall be the duty of the Municipal Clerk to keep a current calendar of approved solicitations to be conducted within the municipality.
The Municipal Clerk shall have the right to propose alternate dates for the solicitation if the requested dates should unfairly conflict with other solicitations being conducted within the municipality.
[1972 Code § 7-4.8]
There shall be no fee payable to the municipality for any charitable and philanthropic solicitation permit.
[1972 Code § 7-4.9]
No permit may grant the right to solicit for a period longer than ninety (90) consecutive days.
[1972 Code § 7-4.10]
Any person or organization receiving money for any other thing for a value of one ($1) dollar or more from any contributor under a solicitation made pursuant to this section shall give to the contributor a written receipt signed by the solicitor showing the date and the amount received; provided that this section shall not apply to any contribution collected by means of a closed box or receptacle used in solicitation where the use has been approved by the Municipal Council. If approval is given by the Municipal Council for solicitation other than during the hours stated in this section, the approval shall be plainly stamped on the permit issued by the Municipal Clerk.
[1972 Code § 7-5.1]
As used in this section:
TRANSIENT MERCHANT OR ITINERANT MERCHANT
shall mean and include persons who engage in a temporary or transient merchandising business in the municipality and shall include those who for the purpose of carrying on such business hire, lease or occupy any building, structure or railroad car for the exhibition and sale of goods, wares and merchandise, and for any business which is termed and advertised as a bankrupt sale, fire sale, damaged goods sale, retiring from business sale, or where and when persons advertise bankrupt or selling out sales intimating that the sale will last for a limited time only when it is the intention of the seller to continue these sales for an indefinite period.
[1972 Code § 7-5.2]
A transient or itinerant merchant, before offering for sale any goods, wares, merchandise or stock, shall apply to the Municipal Clerk for a license.
[1972 Code § 7-5.3]
In addition to the information required in Subsection 8-1.2, an application for a transient or itinerant merchant's license shall include information as to the sources from which the merchandise to be sold will be procured. The applicant must also state on the application the grade of merchandise which shall be sold in accordance with Subsection 8-6.9o.
[1972 Code § 7-5.4]
Before a license as provided herein shall be issued, the applicant shall execute and deliver to the Municipal Clerk a bond with sufficient surety to be approved by the Clerk in the amount of one thousand ($1,000) dollars, the bond to remain in force for one (1) year and be conditioned to indemnify and pay the municipality any penalties or costs incurred in the enforcement of any of the provisions of this section.
[1972 Code § 7-5.5]
The fee for a license issued hereunder shall be five hundred ($500) dollars and the license shall remain in force and effect for a period of one hundred eighty (180) days from the date of issuance.
[1972 Code § 7-6.1]
AUCTIONEER
shall mean and include any person who at public outcry, offers for sale to the highest bidder, any goods, chattels, wares, merchandise or other personal property.
LICENSED PREMISES
shall mean and include all buildings or structures used for and in connection with a public auction, market or mart and the lands and premises described in the application and accompanying plot plan.
PERSONAL PROPERTY AND PROPERTY
shall mean and include any goods, wares, works of art, jewelry, antiques, commodities, compound or thing, chattels, merchandise or personal property which may be lawfully kept or offered for sale.
PUBLIC AUCTION AND PUBLIC AUCTION, MARKET OR MART
shall mean and include a public sale of personal property to the highest bidder, by a person licensed for that purpose, and the place where the auction is to be conducted.
[1972 Code § 7-6.2]
It shall be unlawful for any person to act as an auctioneer or to sell, expose or offer for sale at public auction, any personal property, or to maintain, use or operate premises in the pursuit, carrying on and exercise of a public auction, market or mart, within the limits of the municipality, without having first obtained a license. These provisions shall not apply to sheriffs, constables, sergeant-at-arms, executors, administrators, guardians, assignees of insolvent debtors, trustees in bankruptcy, receivers, or other persons required by law to sell personal property, nor to nonprofit charitable groups.
[1972 Code § 7-6.3]
In addition to the information required in Subsection 8-1.2, the application shall contain the following information:
a. 
Length of time of continuous residence in the Borough immediately prior to making the application.
b. 
Places where applicant has resided for a period of three (3) years immediately prior to making the application.
c. 
Whether any person or persons or corporation other than the applicant has any interest directly or indirectly in the license applied for or in the business to be conducted, and if so state the name, residence and interest of each.
d. 
The experience applicant has had as an auctioneer or as a person engaged in the auction business.
e. 
The place or places, and the time, that applicant has been so engaged as an auctioneer or in the auction business.
f. 
The name and address of the bonding company to furnish the bond as required.
g. 
A detailed statement of the quantity, and description of the quality and kind of personal property to be offered for sale and the location at the time of the application where it may be seen and inspected.
Prior to a license being issued, there shall be filed with the Municipal Clerk a surety bond of a surety company authorized to do business under the laws of the State of New Jersey and satisfactory to the Borough of Woodland Park, in the sum of five thousand ($5,000) dollars conditioned for the due observance of all ordinances of the municipality as are in force and as may be passed respecting the conduct and operation of auctioneers and the auction business, at any time during the continuance of the business. A bond shall be for the benefit of any person who has recovered judgment against any person licensed under this section by reason of any damage sustained by the person at the public auction or sale conducted or operated by the licensee, due to fraud or deceit practiced in advertising, selling or affecting the purchase or sale to that person. Bond shall be for the protection of persons and property and for the preservation of the safety and property of the municipality and its inhabitants, and as may now or hereafter be required by any State law or municipal ordinance or regulation. (1972 code § 7-6.4)
[1972 Code § 7-6.5]
In addition to the provisions of Subsection 8-1.3, every application received shall be submitted to the Chief of the Fire Department, the Construction Official, the Municipal Engineer and the Board of Health who shall investigate the applicant for the license and the premises for which the license is sought. The investigation and report of the Chief of Police shall also take into consideration the parking facilities, traffic hazards and other matters as may affect the public safety and welfare. The Fire Chief shall report on fire hazards and adequacy of exits, the Construction Official on the safety of structures to be used, the Municipal Engineer on the location and zone in which the auction is to be located, and the Board of Health on the provisions for sanitary convenience and facilities.
[1972 Code § 7-6.6]
In addition to the provisions of Subsection 8-1.3, the Council may, in its discretion and subject to the provisions of this section, deny an application for license for any of the following reasons:
a. 
The location and use of the property covered by the application does not conform to all ordinances of the municipality and all laws, rules and regulations of the State of New Jersey or any Body, Board or Commission, which may be applicable.
b. 
The location of the public auction will be a hazard to life and property.
c. 
The operation of a public auction at the location sought will affect the health, morals or safety of the public.
[1972 Code § 7-6.7]
The license fee for a public auction shall be two thousand ($2,000) dollars per year, which fee shall not be prorated.
[1972 Code § 7-6.8]
The license for a public auction shall authorize the licensee, subject to the limitations imposed by this section, to conduct and operate a public auction at the place specified in the application.
[1972 Code § 7-6.9]
a. 
All licensed premises shall be subject to inspection at all times by members of the Police Department, the Fire Department, the Construction Official, the Health Department or any other officer or representative of the municipality.
b. 
No part of the licensed premises shall be assigned or sublet by the licensee nor leased or rented as a concession.
c. 
Sanitary conveniences and facilities for both sexes shall be provided and maintained upon the licensed premises in accordance with the regulations of the Council and Board of Health.
d. 
No auctioneer shall sell or expose for sale any kind of property upon any street or sidewalk in the municipality, nor so near a street or highway as to attract persons and vehicles upon the adjoining streets or highways and create a traffic or other hazard to life and property.
e. 
No auctioneer shall ring a bell or permit it to be rung in, about, upon or in front of the licensed premises before, after or during the auction sale; neither shall be permit soliciting by music, singing or loud noises to be made or done for the purpose of attracting the public.
f. 
No auctioneer shall sell, expose or offer for sale any kind of property, nor shall any licensed premises remain open for the apparent purpose of selling, or offering for sale such property, on Sundays or days designated by law or ordinance as legal holidays.
g. 
Every auctioneer, whether acting in his own behalf or an officer, agent or representative of another shall, upon receipt or acceptance by him of any personal property for the purpose of sale at auction, and before offering it or any part for sale at auction, write or have written in a book kept by him for that purpose, the name and address of the person who employed him to sell the property, the name and address of the person for whose benefit the property is to be sold, the name and address of the person from whom the auctioneer received or accepted the property, the name and address of the owner of the property immediately prior to its receipt or acceptance, the location, with street number, if any, of the property immediately prior to its receipt or acceptance, the place with street number, if any, where the property is to be kept until sold or offered for sale at auction, a description of the property, the quantity and the distinctive marks thereon, if any, and the terms and conditions upon which the auctioneer receives or accepts the property for sale at auction. The books and entries shall, at all reasonable times, be open to the inspection of the Municipal Clerk, Chief of Police, any member of the Police Department, or other officer or agent, the Passaic County Prosecutor, and to any person who shall be duly authorized in writing for that purpose by any or either of them and shall exhibit written authorization to the licensee.
h. 
No sale by auction shall be held or permitted of diamonds, precious or semi-precious stones, gems, watches, clocks, gold, silverware, jewelry and goods, wares and merchandise commonly classified as jewelry, whether new or used, between the hours of 6:00 p.m. and 9:00 a.m. of any weekday.
i. 
No sale by auction of any diamonds, precious or semi-precious stones, gems, watches, clocks, gold, silverware, jewelry and goods, wares and merchandise commonly classified as jewelry, whether new or used, shall be licensed or permitted except if the auction is held at the applicant's existing regular place of business and at the place where his regular business has been conducted for a period of at least one (1) year prior to the application.
j. 
No auctioneer shall sell, expose for sale or offer for sale, pigs, hogs, boars, shoats, sows, horses, cows, sheep, goats, fowl or any other livestock whatsoever.
k. 
A competent clerk shall keep a written record of each article sold, which shall set forth the quantity, quality, kind or grade of each item sold, the name and post office address of each purchaser, and the price paid for each item.
l. 
No auctioneer shall sell, expose for sale or offer for sale any property, personal or mixed, of any kind, nature of description, without at the time of offering the property stating in a loud and distinct voice either that the property is sold without any warranty or for representations as to quality, fitness, condition, price, value or genuineness or that the article is expressly warranted to be as the auctioneer represents its; nor shall be accept false bids from any person in the employ of himself or others.
m. 
No property shall be given away, disposed of or offered to any person as a gift, premium, bonus, or inducement to purchase any other article of property or commodity.
n. 
No person shall sell, expose for sale or offer for sale at public auction any new goods, ware or merchandise unless there is securely attached to each article a tag or label, upon which shall be plainly written or printed in English, a true and correct statement of the kind and quality of metal or material of which the article is made or composed, and the percentage or carat or other common designation of material or metal, the patent, trade mark and name and address of the manufacturer.
o. 
No person shall sell, expose or offer for sale at public auctions, any goods, wares or merchandise commonly referred to as "seconds" unless there is securely attached to each article a tag or label upon which shall be plainly written or printed in English the word "second" or unless that word is printed or impressed upon the article, and the patent or trade mark and the name and address of the manufacturer; and in case articles are plated, overlaid or veneered, then the tab or label shall contain a true statement of the kind of material or metal covered and of the covering; and when precious or semi-precious stones are offered for sale or sold, a written statement shall set forth the true name, weight, quality and fineness of the stones and imitations shall be described as such; and when watches and clocks are sold, the true names of the manufacturers shall be stated in writing, and no parts of the movements or mechanism shall be substituted or contain false and misleading names or trademarks, neither shall second-hand or old movements be offered for sale in new cases, without a true statement to that effect. A tag or label shall remain securely attached to any articles or merchandise, shall be delivered to the purchaser as a true and correct description and representation of the articles sold, and in case a written statement is not a true and correct description and representation of the articles sold, that shall be deemed prima facie evidence of intent to defraud.
p. 
It shall be unlawful for any person to act as a by-bidder, or what is commonly known as a "capper" or "booster" at any auction or place where property, goods, wares or merchandise or anything whatsoever is sold, exposed for sale or offered for sale at auction; or to offer or make false bids on any property or articles exposed or offered for sale at auction, or pretend to buy anything at any auction sale, in order to in any manner stimulate sales by any deceit or misrepresentation in the making of bids or offers for the purchase of any property, goods, wares or merchandise exposed or offered for sale.
q. 
It shall be unlawful to sell what are commonly known as "blind packages" or articles which cannot be seen by bidders before bids are made.
r. 
It shall be unlawful for any person, who intends to sell or dispose of at auction, any property, goods, wares or merchandise, or who intends to induce the public in any manner to enter into any obligation pertaining to these goods or to acquire title to them, or to interest the public in goods at any sale, to publish, disseminate, circulate, or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated or placed before the public within the Borough, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter or in any other way an advertisement of any sort regarding merchandise or anything so offered to the public, if that advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading.
s. 
No persons shall, after an article has been exhibited and offered for sale at auction, substitute an article in lieu of that offered and purchased by the bidder whereby the bidder is defrauded.
[1972 Code § 7-7.1]
This section is for the purpose of regulating all games of chance held, operated or conducted within the municipality, pursuant to the Acts of the Legislature of the State of New Jersey, known as the "Bingo Licensing Law" and the "Raffles Licensing Law," and in accordance with the rules and regulations issued or to be promulgated by the "Legalized Games of Chance Control Commission" in the Department of State of the State of New Jersey. All applications, licenses, and proceedings in connection therewith shall be subject to the provisions of the Acts and the rules and regulations, and any laws, rules and regulations hereafter enacted; and shall be further subject to the provisions of this section.
[1972 Code § 7-7.2; Ord. No. 2017-08 §§ 1, 2]
a. 
Hours. No licensee authorized by law shall hold, operate or conduct any game of chance at the place where the game of chance is being conducted under license except between the hours of 1:00 p.m. and 11:00 p.m.
b. 
Special Police and Marshals. All games of chance at which the general public may obtain admission shall be attended by one (1) Special Police Officer or Marshal of the municipality for every one hundred fifty (150) persons or portion thereof whose duty it shall be to preserve order; the Special Police Officers shall be paid by the person, association, or corporation conducting the game of chance. The Special Police Officers shall be selected by the Chief of Police. Each officer shall be entitled to compensation from the licensee at an hourly rate as established by the annual salary ordinance.
c. 
Organizations Eligible for License. No license to conduct a game of chance as authorized by law shall be issued to any organization not having a bona fide situs established in good faith within the State of New Jersey and actively engaged in serving one (1) or more of the authorized purposes as defined by the rules and regulations of the "Legalized Games of Chance Control Commission."
d. 
Sunday Restrictions. Organizations, societies and associations duly licensed to hold and operate legalized games of chance under this section, and only those whose principal places of business and operations are within the Borough, are hereby authorized to hold, conduct and operate such games in the municipality on Sundays.
e. 
There shall be a fee charged to licensees which shall be the same as that charged by the State of New Jersey, Legalized Games of Chance Control Commission.
[Ord. No. 2017-08 § 1]
f. 
The Clerk or Borough Administrator shall perform the duties of the issuing authority to approve the granting of raffle or bingo licenses pursuant to NJ ADC 13:47-1.1.
[Ord. No. 2017-08 § 2]
[1972 Code § 7-8.1]
As used in this section:
BUSINESS OF SELLING OR EXCHANGING MOTOR VEHICLES
shall mean the offering of more than two (2) motor vehicles for sale or exchange by exhibiting, storing, parking, locating or keeping motor vehicles upon a lot with the intent to sell or exchange them.
OPEN LOT
shall mean any lot, tract or parcel of land not enclosed in a substantial permanent building.
[1972 Code § 7-8.2]
It shall be unlawful for any person to engage in the business of selling or exchanging any motor vehicles upon any open lot in the municipality before first obtaining a license therefor as provided in this section.
[1972 Code § 7-8.3]
In addition to the information required in Subsection 8-1.2, an application for a license under this section shall contain the following information:
a. 
The location of the proposed licensed premises, giving the street address, block and lot numbers as shown on the Assessment Map of Woodland Park, together with a sketch showing the exact dimensions of the land upon which the business is to be conducted, and designating the proposed location of the motor vehicle exits from and entrances to the licensed premises.
b. 
If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of such business shall be endorsed on the application.
[1972 Code § 7-8.4]
a. 
A license shall be required for each separate and distinct location where the business is to be operated. For the purpose of this section, a "separate and distinct" location shall mean any lot, tract or parcel of land consisting of part of one, or one (1) or more lots adjacent and contiguous to each other and if described by metes and bounds would have one (1) continuous and uninterrupted boundary line.
b. 
All licensees shall obtain a Motor Vehicle Dealer's License before the operation of the business herein outlined is commenced.
[1972 Code § 7-8.5]
All applications must be approved by the Mayor and Council after a hearing thereon. In addition to the provisions of Subsection 8-1.3, no license shall be granted by the Council if:
a. 
The licensee has failed to comply with the provisions of this section.
b. 
The licensed premises or use thereof is prohibited by the terms and provisions of the Zoning Ordinance.
c. 
The proposed licensed premises, if an open lot, does not contain at least five thousand (5,000) square feet of usable area.
d. 
The individual applicant, or any officer or manager of a corporate applicant, or the principals and manager of a firm applicant, or any of them, have been convicted of the crime of larceny or receiving stolen goods.
e. 
The approval of the license shall be detrimental to the public health, safety, welfare and morals. For the purpose of applying this section, the granting of more than one (1) license for each five thousand (5,000) population in the municipality or over five hundred (500) feet between lots shall be deemed detrimental to the public health, safety, welfare and morals.
[1972 Code § 7-8.6]
The annual fee for a license shall be as follows:
a. 
For each open lot having an area ten thousand (10,000) square feet or less, the sum of one hundred fifty ($150) dollars.
b. 
For each open lot having an area of more than ten thousand (10,000) square feet, but less than fifteen thousand (15,000) square feet, the sum of two hundred ($200) dollars.
c. 
For each open lot having an area of more than fifteen thousand (15,000) square feet, the sum of two hundred fifty ($250) dollars.
[1972 Code § 7-8.7]
All licenses issued hereunder shall be subject to the following rules and regulations:
a. 
The ignition key shall not be left in any motor vehicle exhibited, parked or kept on the licensed premises at any time when the licensee or his agent or employee is not in attendance.
b. 
No doors or windows in any motor vehicle exhibited, parked or kept on the licensed premises shall be left open or unlocked at any time when the licensee or his agent or employee is not in attendance.
c. 
No licensee shall exhibit, park or keep any motor vehicles in the sidewalk, street or other public right of way or area.
d. 
No old metal, dismantled or partly dismantled used motor vehicles, parts of used motor vehicles, nor other secondhand materials shall be stored or kept on the licensed premises.
e. 
The licensee shall not permit any motor vehicle to be driven upon the sidewalk area or across the sidewalk to and from the street, except at fixed exits and entrances abutting the licensed premises, at locations as may be approved by the municipality.
f. 
All sign, lighting fixtures and other equipment appurtenant to the use of the licensed premises shall be substantially erected or constructed, and maintained in good repair so that the same will not become hazardous to the public. Within five (5) days after receipt of a notice in writing from the Municipal Clerk, the licensee shall remedy any condition deemed to be necessary for public safety, in the manner as directed in the notice.
g. 
All electric light bulbs used in lighting the licensed premises shall be shielded in a manner as the municipality may deem necessary to eliminate the hazard and annoyance of any glare.
h. 
The licensee shall not create or allow undue noise on the premises. He shall not permit smoke or dust to escape from the premises so as to constitute a public or private nuisance. He shall keep the premises in as neat and orderly a condition as the nature of the business will allow.
i. 
No motor vehicle shall be parked, stored or displayed nearer than fifteen (15) feet from the curbline abutting any street, nor nearer than fifteen (15) feet from any building used as a residence.
[1972 Code § 7-9.1]
As used in this section:
PUBLIC AMUSEMENT CENTER
shall mean any park, grove, enclosure, space or place, or room or structure, included within any park, grove, enclosure, building, space or place, containing among other things games, mechanical rides and amusement attractions to which the public or members are invited or admitted to use and enjoy for the purpose of recreation, amusement or refreshment either with or without the payment of a fee or admission charge and which is conducted by a person or persons, society, club, corporation or association, owning, leasing, occupying or using the same as a business designed to produce gain or profit.
[1972 Code § 7-9.2]
No person shall engage in the business of operating a public amusement center without being licensed to do so by the Municipal Council.
[1972 Code § 7-9.3]
The fee for a license issued under this section shall be three hundred fifty ($350) dollars except that fees for bowling alleys shall be twenty-five ($25) dollars for the first alley, twenty ($20) dollars for the second alley, and fifteen ($15) dollars for each additional alley.
[1972 Code § 7-9.4]
a. 
No person or persons shall be licensed unless that person or persons are citizens of the United States. When the applicant is a corporation, at least two (2) of its officers shall be citizens of the United States.
b. 
No license for a public amusement center shall be issued or continued in force and effect where the public amusement center, park or buildings or structures therein contained do not comply with or conform to the regulations and ordinances of the municipality regarding health or fire and the provisions of the building code or its supplements or any provisions of State statutes and nothing herein contained shall be so construed as to permit the violation or disregard of any existing ordinances of the municipality.
c. 
All public amusement centers shall be kept in a clean and sanitary condition and shall be properly policed at the expense of the licensee.
[1972 Code § 7-10.1]
As used in this section:
BOARDING HOUSE
shall mean a dwelling or that part of any dwelling combining three (3) or more rooming units in which space is let by the owner or operator to three (3) or more person who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator. A rooming house or a furnished room house shall be deemed a boarding house.
[1972 Code § 7-10.2]
No person shall own, manage, conduct or carry on the business of a rooming house or boarding house, unless it shall be registered with the Municipal Clerk as herein provided.
[1972 Code § 7-10.3]
The registration of each rooming house or boarding house shall be made in writing with the Municipal Clerk on forms provided by him and shall designate the name and address of the rooming house or boarding house operator, the street address of the building involved and the number of rooms for rent on each floor.
[1972 Code § 7-10.4]
The registration fee shall be twenty-five ($25) dollars to be paid annually for each unit occupied, and a maximum fee of one hundred ($100) dollars.
[1972 Code § 7-10.5]
Upon filing of such registration and the payment of the fee, the Municipal Clerk after investigations to determine that the premises complies with all health, zoning, and all other applicable ordinances, shall issue a certificate of registration upon the approval of the Mayor and Council, which certificate shall be displayed within the rooming house at all times.
[1972 Code § 7-10.6]
Upon the change of ownership or operation of any rooming house, the new owner or operator shall file a new registration with the Municipal Clerk and pay the registration fee within thirty (30) days after taking over the ownership or operation.
[1972 Code § 7-10.7]
a. 
No registration will be accepted, renewed or issued by the Municipal Clerk for any rooming house or boarding house unless the applicant first obtains certifications from the Chief of the Fire Department, Chief of the Police Department, Chief of the Electrical Bureau, the Health Officer and the Construction Official that the proposed building to be registered is in compliance with all municipal codes and ordinances under their respective jurisdictions and in addition, the rooming or boarding houses would be subject to periodic inspections by the above named agencies for the duration of the registration period.
b. 
All dwelling units to be occupied by one (1) person must comprise at least two hundred (200) square feet in area, with ceiling height throughout the room of at least seven (7) feet and must have a sink, toilet, shower or tub facilities, with hot and cold running water; there shall be a separate exit from a common area for every three (3) units, and no pets shall be allowed.
c. 
No rooming house or boarding house shall be located in any other zone except and expressly limited to the business zone as defined in the Zoning Ordinance of the Borough.
d. 
The following regulations shall apply to rooming and boarding houses:
1. 
All licenses shall be subject to an annual inspection and such other periodic inspections as shall be deemed necessary.
2. 
For every three (3) dwelling units there shall be provided an exit from a common area.
3. 
There shall be no pets allowed.
4. 
No dwelling unit shall be established or offered in a basement or cellar. As used in this section, basement shall mean a story partly underground but having less than half of its clear height below finished grade. A basement shall be considered a story for purposes of height measurement, in determining the permissible number of stories. As used in this section, cellar shall mean a story partly underground and having more than one-half (1/2) of its clear height below the finished grade. A cellar shall not be considered a story for purposes of height measurement in determining the permissible number of stories.
[1972 Code § 7-10.8]
If a violation of any of the compliances required of all existing municipal codes and ordinances is found, the owner shall have fifteen (15) days after notification of such violation to correct the same; however, if such violation still exists after fifteen (15) days, the Mayor and Council shall have the power to revoke the license.
[1972 Code § 7-11.1]
As used in this section:
HORSE
shall mean any quadruped mainly used for riding or bridle purposes, whether the horse is used exclusively by its owner or is rented out for income.
PONY TRACK
shall mean a place within the municipality, located entirely upon privately-owned property, which is laid out and used as a course over which horses are ridden or led with a person mounted thereon, or over which horses pull a vehicle of any nature, then a stipulated consideration is paid for the use of the horses or vehicles.
RIDING ACADEMY
shall mean any barn, stable, building or other place within the Borough which has as its principal use or derives its chief source of income from the keeping or letting for hire of horses, carriages, cabs, wagons, sleighs or other vehicles for carrying passengers drawn by horses, whether the horses or vehicles are hired out or let, with or without a driver furnished by the riding academy.
[1972 Code § 7-11.2]
No person shall keep, conduct or operate a riding academy or pony track, or carry on the business of a riding academy or pony track in the Borough without first obtaining a license to do so in the manner provided in this chapter.
[1972 Code § 7-11.3]
a. 
Riding Academy. The annual fee for a license to engage in the business of operating a riding academy shall be two hundred fifty ($250) dollars.
b. 
Pony Track. The annual fee for a license to engage in the business of operating a pony track shall be two hundred ($200) dollars.
[1972 Code § 7-11.4]
a. 
Registration Required. No person shall ride or drive a horse upon any public street in the municipality unless it shall be registered as hereinafter provided.
b. 
Procedure. Every owner of a horse shall list and register with the Municipal Clerk an accurate description of each horse owned by him. The description shall show the sex, height, color and distinguishing marks and the name of each horse.
c. 
Registration Cards and Numbers; Fee. Upon the payment of a fee of five ($5) dollars, the Clerk shall issue to the registered owner of each horse a number designated by the Council, and a registration card, the registration card having numbers stamped thereon in numerical order beginning with Number 1. These numbers shall be suitable for attachment to the horse, saddle or bridle. The number must be conspicuously displayed on the horse at all times when it is traveling upon the public streets or highways in the municipality. If the number is lost it shall be replaced by the Clerk upon the payment of a fee of two ($2) dollars.
d. 
Transfer of Registration. It shall be the duty of any person who sells or transfers ownership of any registered horse or horses to report the sale or transfer to the Clerk and return the registration card issued to that person as license thereof, together with the name and address of the person to whom the horse or horses were sold or transferred. The report shall be made within five (5) days of sale or transfer. Such transfer of registration shall be made by the Clerk upon the payment of a fee of two ($2) dollars.
e. 
Horses Owned by Operators of Riding Academies to be Registered. Any operator of a riding academy, licensed under the provisions of Subsection 8-11.2, may, in lieu of the provisions of paragraphs b, c. and d. above, list and register with the Clerk the maximum number of horses used in the operation of the riding academy which will travel upon the public streets or highways of the municipality at the same time. Upon the payment of a fee of five ($5) dollars for each horse, the Clerk shall issue to the riding academy operator numbers of the type designated in paragraph a. above. The riding academy operator shall conspicuously display one of the numbers on any of his horses when upon a public street or highway in the Borough. These numbers may be used by the operator interchangeably on any horse he lets for hire, subject to the provisions of Subsection 8-12.5.
f. 
Numbers and Registration Cards Not to be Mutilated. It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the number of any horse licensed pursuant to this section. It shall also be unlawful for any person to remove, destroy, mutilate or alter any registration card.
g. 
Horses Without Numbers to be Impounded. If any horse is found on any public street in the Borough without a number as provided herein, it shall be prima facie evidence that the horse is being ridden or driven upon the streets of the Borough without having been registered. The horse or horses shall be impounded by the Police Department and shall be surrendered to their owners upon proof of ownership satisfactory to the Chief of Police and after payment of the registration fee and procurement of a number and registration card as herein provided, and after payment of a further fee for the cost of their maintenance and care during the time they were impounded. In default of payment, the horse or horses may be sold by the municipality to satisfy the claim for the expense.
[1972 Code § 7-11.5]
It shall be the duty of the owner of all riding academies within the Borough to keep a register book which shall be open to public inspection at all times. The book shall contain the names and addresses of all persons renting horses for use upon the public streets and highways within the Borough. It shall also show the time the horses left the stable and the time of return and the number and registration card of each horse at the time the patron of the riding academy was using the horse.
[1972 Code § 7-11.6]
a. 
Private Property. No person shall ride or drive any horse or horses within the Borough, on any public property not duly dedicated for street, highway or bridle path purposes or upon any private property without the permission of the owner. Any person doing so shall be deemed to be an unlawful trespasser on the property, and the burden shall be upon the person upon prosecution for the violation to prove that he has ridden or driven the horse or horses upon the property with the consent or permission of the owner.
b. 
Horses Running-at-Large. No person shall cause or permit any horse or horses to run at large in the Borough and the owner of any horse or horses running at large on any public or private property within the Borough without the consent of the owner shall be deemed guilty of unlawful trespass upon the property. Any horse or horses running at large within the Borough shall be impounded by the Chief of Police, and the cost of their care and maintenance during the time they are impounded shall be paid by the owner before their release, and in default of payment the horse or horses shall be sold by the Borough to satisfy its claim for the expense. The provision for impounding shall be in addition to any other penalty provided by law.
c. 
General Traffic Regulations to be Observed. Every person riding a horse on any public street or highway within the Borough shall observe all traffic rules and regulations applicable thereto, and shall turn only at intersections, signal all turns, ride to the right-hand side of the street or highway, pass to the left overtaking vehicles or other riders that are slow moving, and pass to the right when meeting approaching traffic.
d. 
Riding More Than Two Abreast Prohibited. Whenever groups of more than two (2) persons are riding horses together on any public street or highway within the Borough, they shall not ride more than two (2) abreast, and shall at all times so govern and control their horses as not to unnecessarily interfere with other traffic.
e. 
Speed Racing. No person shall at any time race one (1) horse against another while riding on any public street or highway within the Borough, and no person shall at any time ride a horse at a speed greater than a trot on any public street or highway within the Borough.
f. 
Age Requirements. It shall be unlawful for any person conducting a riding academy to rent or let for hire any horse to any child under sixteen (16) years of age without the consent of the parent or guardian of such child.
g. 
Regulation of Hours. It shall be unlawful to drive or ride any horse upon any public street or highway within the Borough earlier than sunrise or later than sunset on any day. It shall be unlawful to operate a pony track within the Borough before the hour of 9:00 a.m. on any day and no later than 9:00 p.m. on any day.
h. 
Duties to Horse and Riders. It shall be unlawful to halt, interfere or forcibly stop without cause any horse being ridden or driven upon any public street or highway within the Borough. It shall be unlawful to throw any rock, missile or other substance at any horse or its rider or driver. It shall be unlawful for the operator or driver of any automobile or mechanical power driven vehicle on approaching or passing any horse being ridden or driven upon any public street or highway within the Borough to so manipulate any mechanical device on the automobile or vehicle in a manner as would reasonably be expected to cause any horse to become frightened or alarmed to such extent as to endanger the safety or well being of its rider or driver.
[1972 Code § 7-12.1]
As used in this section:
JUNK
shall mean old or secondhand metal, bottles, glassware, tinware, paper, lumber, plumbing fixtures, dismantled or inoperable automobiles, dismantled or inoperable machinery or any other thing which is no longer used or usable for its intended purpose, but which may or may not have value because of the parts or materials it contains.
JUNK DEALER
shall mean any person who acquires, stores or collects junk for commercial purposes within the Borough.
JUNK YARD
shall mean any place where junk is collected or stored, regardless of whether the place is covered or uncovered, and regardless of whether it is located within any building or structure.
[1972 Code § 7-12.2]
No person shall engage in business as a junk dealer or operate a junk yard within the Borough without first obtaining a license to do so. The fee for a license under this section shall be three hundred fifty ($350) dollars per year, and a separate license shall be required for each location at which the licenses conducts business.
[1972 Code § 7-12.3]
In addition to the information required by Subsection 8-1.2, an application for a license under this section shall be accompanied by the following:
a. 
A plot plan in triplicate drawn to scale showing the dimensions of the premises, the location of all fences and screening, and any other information which may appropriately be required for the effective enforcement of this section.
b. 
If the applicant is not the owner of the property upon which the proposed junk yard will be conducted, the application shall also be accompanied by the consent of the owner of the property for the use of the premises as a junk yard.
[1972 Code § 7-12.4]
In addition to the investigation provided for by Subsection 8-1.3, the Construction Official shall inspect the premises for which the license is desired to determine whether it complies with the provisions of this section. He shall report the results of his investigation to the Municipal Clerk. No license shall be issued unless the Construction Official's report is favorable.
[1972 Code § 7-12.5]
Upon receiving the reports of the Chief of Police and the Construction Official, the Clerk shall transmit them, together with the information contained in the application, to the Council who shall approve or disapprove the application within a reasonable time. Upon arrival of the application by the Council, the Clerk shall issue the license upon payment of the required license fee.
[1972 Code § 7-12.6]
Every person licensed under this section shall comply with the following regulations:
a. 
Adequate precaution shall be taken in every junk yard to prevent fire from breaking out or spreading. No junk shall be stored within fifteen (15) feet of any frame building or within ten (10) feet of any fireproof building, and no explosives or extremely inflammable materials shall be stored in a junk yard.
b. 
The burning of junk or refuse material in the open air is prohibited.
c. 
Junk shall be stored in a manner that will permit customers of the junk yard and other persons to move about easily and without risking injury. No junk shall be stored within ten (10) feet of any sidewalk, and no junk shall be stored in such a manner that it may be easily dislodged or caused to fall.
d. 
No licensee shall permit rodents, vermin, insects or conditions likely to attract them, or any other unhealthy or unsanitary condition to exist on the licensed premises.
e. 
No junk shall be purchased from any person under the age of eighteen (18) years.
f. 
No licensee, agent or employee of a licensee shall purchase or have in his possession any motor vehicle or part of a motor vehicle from which the manufacture's serial number or any other number or identification mark has been removed, altered, concealed or destroyed. Any licensee or agent or employee of a licensee to whom such a motor vehicle or part is offered shall immediately report that fact to the Municipal Police Department.
[1972 Code § 7-12.7]
All licensed premises shall be open to inspection at any reasonable time by the Construction Official or by any member of the Municipal Police Department for the purpose of ascertaining whether the provisions of this section are being complied with, as well as to determine whether the licensee has in his possession any articles alleged to have been lost or stolen. Every licensee shall provide and keep a book in which shall be written at the time of each purchase a description of the articles so purchased, the name and address of the person from whom the purchase was made and the date of the purchase. This book shall be open to inspection by any officer of the Police Department.
[1972 Code § 7-12.8]
All junk yards shall be enclosed by a solid wall or fence at least eight (8) feet in height and so constructed that the interior of the junk yard will not be visible from a public street. The wall or fence shall be kept in good repair at all times.
[1972 Code § 7-13.1; Ord. No. 93-14; Ord. No. 94-1]
As used in this section:
APPLICANT
shall mean and refer to an individual applicant; a corporate applicant, any of its officers, directors or stockholders; or a partnership applicant or any of its partners.
LICENSED PREMISES
shall mean the premises or portion thereof where a licensed device is to be operated, used or maintained.
MECHANICAL AMUSEMENT DEVICE OR DEVICE
shall mean the type of machine electronic game or contrivance commonly known and designated as bagatelle, baseball, hockey, football, pool table, gun, shuffle, alley, bowling, pinball or pin amusement game, video game, arcade game or computer game or machine or device similar to the foregoing which upon the insertion of a coin, paper money, slug or token in any slot or receptacle attached to the machine or device or connected therewith, or which by remote control, mechanical or manual means, with or without payment of a fee, operates or which may be operated for use as a game, contest or amusement in a public or quasi-public place, or in the building, store, or other place wherein the public is invited or in a private club, social club, or fraternal club or wherein the public may enter and which provides no free plays, no prizes nor the return of the money.
PERSON
shall mean any individual, firm, corporation, partnership or entity.
PREMISES
shall mean any building, business, store, restaurant, tavern, or other place to which the public is invited or may enter.
PROPRIETOR
shall mean any person who owns, leases, rents or operates any premises on or at which any automatic amusement device is kept, placed or exhibited for use or operation by the public.
[1972 Code § 7-13.2; Ord. No. 93-14; Ord. No. 94-1]
a. 
No person shall operate, maintain or use in any public or quasi-public place, club, private club, social club, fraternal club, or in any building, store, or other place where the public is invited or wherein the public may enter, any mechanical amusement device as defined in Subsection 8-13.1 without having first obtained a license for each such device as herein provided.
A separate license shall be required for any device capable of being played independently with any other device whether or not one (1) or more such device is encased in one (1) enclosure.
b. 
No license required by this section shall be issued for any premises where the minimum square footage of open area is less than one thousand two hundred fifty (1,250) square feet and the maximum area shall not exceed two thousand five hundred (2,500) square feet; but in no event shall the amusement area exceed five (5%) percent of the total area of the building in which the amusement area is contained. The maximum square footage requirement shall not apply to arcades.
c. 
The application for a license or renewal of a license shall state:
1. 
Name, residence, date of birth, driver's license number and post office address of the licensee.
2. 
Type of Ownership Entity. If the license is to be held by a corporation or partnership, the corporation or partnership shall list the names and addresses of its stockholders holding ten (10%) percent or more of its stock or of ten (10%) percent or greater interest in the partnership as the case may be.
3. 
Street address of the premises where the device is to be operated, used or maintained, the portion of the premises where the device is to be operated, used or maintained, and the owner of record of the premises.
4. 
Machine or device licensed for operation and use to which the license is to be affixed including a description of machine, manufacturer, and serial number.
5. 
The name, address, telephone number and mechanical amusement device distributor, license number of the distributor from whom applicant purchased, leases, rents or otherwise obtained the machine.
6. 
A copy of the bill of sale for each machine, disclosing the holder of any security interest, or in the alternative, the lease/rental agreement for the machine.
7. 
Any trade name to be used at the premises where the machine is to be located. A copy of the applicable trade name certificate shall be attached to the application.
8. 
If the applicant for the license is not the owner of record for the premises at which the machine will be located a copy of the lease or rental agreement establishing applicant's right to use the premises for the period of the license must be provided.
9. 
The application shall contain a certification under oath made by the applicant that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of his knowledge and belief
10. 
The application shall request a social security number from the licensee and designate the request as optional.
[Ord. No. 93-14; Ord. No. 94-1]
a. 
The Municipal Clerk shall promptly forward a copy of the application and accompanying materials to the Chief of the Police Department and the Fire Department for investigation, review and report. Such reports shall be sent to the Municipal Clerk, who, in accordance with the standards and requirements set forth herein, may grant the license or refuse the license. If the license is granted, the Municipal Clerk shall forthwith issue the license upon payment of the licensing fee.
b. 
The person operating the premises where the machine is located shall be liable and responsible for the proper operation thereof, regardless of whether or not he/she is the actual owner of the machine or has rented the same, but this shall not in any way release the actual owner of the machine or device from liability or responsibility for violation of this section or any ordinance of the Borough of Woodland Park.
c. 
A proprietor's license shall not be transferred or assigned. Specifically, but not by way of limitation, a proprietor's license shall not run with the premises, nor shall sale of the premises effectuate a transfer of the license.
d. 
The Municipal Clerk shall ensure that the license application and all the attachments thereto are complete and those persons whose names are required to be disclosed on the application are all persons capable of owning, controlling and/or operating machines or devices within the Borough of Woodland Park in a manner consistent with the public safety, morals and general welfare of the community; that those persons whose names are required to be disclosed on the license application can reasonably be expected to own, control, manage or operate the proposed business in accordance with all applicable laws, ordinances, rules and regulations, and free from any gambling, illegal or immoral activity and free of unnecessary and unwanted noise or commotions; that no criminal element is in direct or indirect control of management of the business of the applicant; that the granting of the application and issuance of the license will promote a fair and competitive market for the distribution of such devices within the Borough of Woodland Park; that the granting of the application and issuance of the license has been done after the applicant has properly executed all agreements and consents required by this section and has agreed to conduct his business in accordance with all requirements of this section and all other applicable laws, ordinances, rules and regulations.
e. 
No license shall be granted for any mechanical amusement device which is to be used for the purpose of gambling. For the purpose of this section, a mechanical amusement device, the operation of which is based in any part on random chance or the random assignment of numbers and the operation of which does not require more than minimal skill or hand-eye coordination, shall be presumed to be intended to be utilized for gambling purposes. By way of clarification but not limitation, mechanical amusement devices used for the purpose of gambling shall be deemed to include the following:
1. 
Mechanical amusement devices known as Joker Poker or any similar mechanical amusement devices displaying playing cards, Keno, or any similar mechanical amusement devices displaying a number board where numbers are designated by random; horse racing; roulette; Dice Lucky Lines; Cherry Master, or any similar mechanical amusement devices styled after a slot machine with a rolling display or circular wheel on which are depicted symbols; lotto or lottery-type machines, or
2. 
Any mechanical amusement device which does not have an operable slot or receptacle for the insertion of coin or paper money, or
3. 
Any mechanical amusement device with buttons or controls labeled "double up" or "bet," or buttons or controls performing the function regardless of label, or
4. 
Any mechanical amusement device which can be controlled or operated from a remote location other than the individual player, or
5. 
Any mechanical amusement device readily capable of being converted by the internal technology of the mechanical amusement device to machines such as set forth in Subsection e1 above including but not limited to "dual screen" machines.
[Ord. No. 93-14; Ord. No. 94-1]
a. 
Except as otherwise permitted by Subsection 8-13.16, no license required by this section shall be issued to any applicant who shall have been convicted of:
1. 
A crime; or
2. 
A disorderly persons offense relating to gambling, including but not limited to possession of mechanical amusement device prohibited by Subsection 8-13.3.
b. 
No license required by this section shall be issued to any applicant to operate, maintain or use any mechanical coin-operated amusement device in any premises or location wherein a violation of this section has occurred and for which violation a license has been automatically suspended for a period of one (1) year or more pursuant to Subsection 8-13.15. The provisions of this paragraph b. shall apply regardless of any transfer of ownership.
c. 
With respect to applications from corporations or partnerships, an applicant wherein a stockholder holding ten (10%) percent or more of the stock or a partner holding ten (10%) percent or greater share in the partnership has been convicted of a crime, disorderly persons offense related to gambling, including but not limited to violations of N.J.S.A. 2C:37-1 et seq., or any Borough ordinance involving gambling or violation of this section shall be denied a license.
[1972 Code § 7-13.3; Ord. No. 93-14; Ord. No. 94-1]
The following annual licensing fees shall be paid to the Borough of Woodland Park:
a. 
A fee of one hundred fifty ($150) dollars per machine for one (1) to four (4) machines or devices annually or for any part of that annual period which shall commence January 1 and conclude December 31 of the calendar year.
b. 
A fee of twenty-five ($25) dollars per jukebox annually or for any part of that annual period which shall commence January 1 and conclude December 31 of the calendar year.
[1972 Code § 7-13.14; Ord. No. 93-14; Ord. No. 94-1]
a. 
The proprietor shall not permit, suffer or allow any person to bet or gamble in any form or manner on the licensed premises and shall prevent any immoral or illegal conduct or activity from occurring.
b. 
No person on the licensed premises shall have illegally in his possession or under his control or offer to another any habit-forming drug, nor shall the proprietor permit, suffer or allow any such person on the licensed premises.
c. 
No proprietor shall permit, suffer, or allow the unlawful sale or consumption of alcoholic beverages upon the licensed premises.
d. 
The proprietor shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion or loitering upon the licensed premises.
e. 
No device shall be operated in such a manner as to be heard outside.
f. 
No song(s) shall be played or words spoken on any device which violates the obscenity law of New Jersey.
g. 
No device shall be permitted to cause any unnecessary or unwanted noise or commotion not otherwise interfere with the public health, welfare and morals.
h. 
No proprietor shall offer or permit to be offered any prize or other award to any person playing any device.
i. 
No device shall be located in a so-called back room nor in any part of the licensed premises which is not open to the general public.
j. 
No licensed premises shall be without adequate sanitary facilities not contain any fire, safety or health hazards.
k. 
No licensee, nor any of his guests, officers or servants shall by threats, promises or intimidation, seek to control or direct the placement or removal of any device or to control the placement of any such device from any location within the Borough of Woodland Park, and any such threats, promises or intimidation shall be reported immediately to the Police Department and to the License Inspector.
l. 
No licensee shall neglect or fail to report promptly to the Police Department or License Inspector any violation of any law or ordinance occurring on the licensed premises, nor shall any licensee neglect or fail to report promptly to the Municipal Clerk any conduct or activity prohibited by this section.
m. 
Each licensee, distributor and/or proprietor shall promptly report, in writing, to the Municipal Clerk any change or addition or deletion of the information furnished on the license application and all material attached thereto, and this obligation shall be fully met during the term of any license or the renewal thereof.
n. 
No licensee shall refuse to cooperate fully with the Municipal Clerk or any law enforcement officer or agency, nor shall any such licensee, operator and/or owner-operator refuse to produce and make available all records relating to the purchase or distribution of such devices. No such licensee and/or operator shall refuse access to its premises to the Municipal Clerk nor to any member of the Departments of Police, Fire, Health, or Housing, nor to any law enforcement officer or agency.
All mechanical amusement devices licensed by the Borough of Woodland Park must be available at all times during licensure for internal inspection by an authorized representative of the licensing division. No mechanical amusement device shall be fastened, locked, or secured in such a fashion that the licensee or person in charge of the licensed premises cannot immediately provide access to the internal components of the machine upon the above request.
o. 
No person or business activity shall have more than four (4) amusement and/or entertainment machines or devices as defined in Subsection 8-13.1 without complying with those restrictions which pertain to arcades as set forth in Subsection 8-13.12 below.
[Ord. No. 93-14; Ord. No. 94-1]
a. 
Each license, when issued, shall designate the number, type, and serial number of the machines or devices operated hereunder.
b. 
Each such license shall bear a number, and the number of that license shall be placed in some permanent way upon each machine or device operated or distributed under this section.
c. 
All license fees shall be paid to the Borough of Woodland Park prior to the issuance of the license, and all licenses shall expire on December 31 next succeeding the date of issuance.
[Ord. No. 93-14; Ord. No. 94-1]
a. 
Each license issued shall be posted prominently and conspicuously in the licensed premises.
b. 
Any such license may be amended to evidence the transfer from one machine or device to another similar device, upon application to the Municipal Clerk, giving a description by type, manufacturer and serial number of such other machine or device.
c. 
A license shall not be transferable from person to person or place to place. The license shall be valid only for the licensee at the place designated on the license.
[Ord. No. 93-14; Ord. No. 94-1]
a. 
If a Police Officer shall have probable cause to believe that any mechanical amusement machine/device is prohibited pursuant to Subsection 8-13.3e above, such machine/device may be seized and removed from the premises by the Police Department or its authorized personnel and impounded and considered contraband. As an alternative to the seizure and removal of the machine/device as a whole, a Police Officer may remove from the device such internal components as will disable the machine/device. If possible, those removing the machine/device shall provide the person in charge of the premises with a report to be filed with the Police Department noting any obvious damage to the property. Thereafter, any person aggrieved thereby may demand a hearing, in writing, directed to the Municipal Clerk.
b. 
If a Police Officer shall have probable cause to believe that any mechanical amusement machine/device is unlicensed, however, not being used for gambling nor prohibited pursuant to Subsection 8-13.3e, then such a machine/device shall not be subject to immediate seizure. In such a case, the Police Officer shall advise the person in charge of the premises that the license fee for the machine/device must be paid and a license for the machine/device obtained within a three (3) day period. If such a license is not obtained within the three (3) days period, a Police Officer may seize and remove such machine/device from the premises. As an alternative to the seizure and removal of the machine/device as a whole, a Police Officer may remove from the device such internal components as will disable the machine/device. If possible, those removing the machine/device shall provide the person in charge of the premises with a report to be filed with the Police Department noting any obvious damage to the property. Thereafter, any person aggrieved thereby may demand a hearing, in writing, directed to the Municipal Clerk.
c. 
After seizure, any person aggrieved may demand a hearing as provided hereinabove and shall be given a hearing within ten (10) days from the date of such demand. In the event that the Governing Body finds that the seizure was justified under the provisions of this section, the machine/device shall not be released until proper ownership and/or licensing fees are paid and property presented, together with a removal/storage charge of one hundred ($100) dollars per machine/device seized. In the event that only the internal components of the machine/device were seized, the removal/storage charge per machine/device will be fifty ($50) dollars. In the event that the Governing Body finds that the seizure was unjustified, the machine/device shall be returned to the person from whom they were seized forthwith, but such person shall have not further remedy against the Borough of Woodland Park.
d. 
If no person makes a claim to a seized machine/device within one hundred twenty (120) days from the date of seizure, the machine/device may be destroyed or otherwise disposed of in accordance with State statute or local ordinance.
[Ord. No. 93-14; Ord. No. 94-1]
The provisions of this section requiring a proprietor's license shall not apply to any church, veterans' organization, religious or charitable organization which operates any machine or device exclusively for the use of its premises owned or controlled by it. This provision does not exempt any social club, private club, or fraternal organization from the requirements of this section.
[Ord. No. 93-14; Ord. No. 94-1]
a. 
Amusement devices shall not be operated after 3:00 a.m. and before 7:00 a.m.
b. 
No coin-operated amusement machine in any establishment may be located within three hundred (300) feet of the building line of any public school, private school or house of worship. This restriction is enacted to eliminate the potential of establishments having coin-operated amusement machines within three hundred (300) feet from public schools, private schools and houses of worship in order to remove any potential enticement to students which may cause them to avoid obligations at the schools or houses of worship.
[Ord. No. 93-14; Ord. No. 94-1]
Amusement device arcades shall be subject to the following regulations which shall be in addition to any other regulations imposed by this section.
a. 
It is the policy of the Borough of Woodland Park to limit arcades throughout the municipality to a total number of ten (10) locations. Nothing in this provision shall be construed to impair or diminish the rights of any existing arcade subject to its obligations to comply with the terms of this section in general and these provisions where applicable.
b. 
An "arcade" within the meaning of this provision shall be construed to be in any location which has more than four (4) machines in any one (1) given location.
c. 
No future arcades will be allowed within three hundred (300) feet of the building line of any existing school or house of worship within the municipality.
d. 
Prior to consideration for the allowance of an arcade, the applicant must present to the Municipal Clerk for investigation by the various departments of the Borough, Code Enforcement, Fire Prevention, Police and Fire, a scheme or plan setting forth and showing precisely what provisions are made for off-street parking, and compliance in general with any and all zoning ordinances and regulations. The Code Enforcement, Zoning Officer, Fire Prevention, and Police and Fire Departments shall respectively investigate such premises and facilities to assure that the proposed compliance with off-street parking, and the other provisions of the zoning and planning regulations, as well as any other Police and Fire regulations are in compliance.
e. 
The following annual licensing fees for an arcade shall be paid to the Borough of Woodland Park.
1. 
The sum of seven hundred fifty ($750) dollars where the arcade shall contain not more than ten (10) machines/devices;
2. 
The sum of one thousand ($1,000) dollars where the arcade shall contain eleven (11) to fifteen (15) machines/devices;
3. 
The sum of one thousand two hundred fifty ($1,250) dollars where the arcade shall contain sixteen (16) to twenty (20) machines/devices;
4. 
The sum of one thousand five hundred ($1,500) dollars where the arcade shall contain more than twenty (20) machine/devices;
5. 
A fee of twenty-five ($25) dollars per jukebox annually or for any part of that annual period which shall commence January 1 and conclude December 31 of the calendar year;
6. 
A fee of fifteen ($15) dollars for each transfer of a license from one (1) machine or device to another similar device.
f. 
Any and all existing arcades, as well as any and all future arcades to be licensed under this provision shall, as a precondition to securing a right of license to operate an arcade, make adequate provision to assure the presence of internal security within the premises to assure and allow compliance in full with any and all of the ordinances of the Borough of Woodland Park, including zoning ordinances, as well as observance of any and all of the laws of the State of New Jersey.
[Ord. No. 93-14; Ord. No. 94-1]
The owner of any premises in which a license for one (1) or more amusement devices or machines is required shall be required to keep on file each application for a license for amusement and/or entertainment machines or devices. Such information shall be kept on file in an orderly fashion in a location known to all owners of the premises and personnel who are employed in the premises. Upon request by any law enforcement official of the Borough of Woodland Park, any owner of the premises or any employee of the premises shall furnish such information to the law enforcement official.
[Ord. No. 93-14; Ord. No. 94-1]
Every person seeking licensure hereunder shall comply with State statutes, municipal ordinances and regulations, building and fire code regulations and zoning code requirements, as well as all other statutes and regulations prior to receiving a license or licenses hereunder.
[Ord. No. 93-14; Ord. No. 94-1]
Any person violating any provision of this section or failing to comply therewith may be punished by imprisonment not exceeding ninety (90) days or by a fine not exceeding five hundred ($500) dollars or by both imprisonment and fine, and a separate offense shall be deemed committed on each day during or on which the violation or failure to transact the business of distributing occurs or continues. Upon conviction, no licensee shall thereafter transact the business of distributing or operating within the Borough of Woodland Park.
[Ord. No. 93-14; Ord. No. 94-1]
a. 
In addition to any other penalties for any violation of this section, the Governing Body may, after notice and hearing, and for just cause, suspend, revoke, or not renew any license issued hereunder for:
1. 
Any crime; or
2. 
A disorderly persons offense related to gambling, including but not limited to violations of N.J.S.A. 2C:37-1 et seq;
3. 
Violation of any Borough ordinance involving gambling, including violations of this section relating to gambling;
4. 
A violation of the provisions of this section;
5. 
Failure to comply with the Federal or State laws, or Borough ordinances pertaining to the operation of the licensed premises;
6. 
Failure to maintain the premises in accordance with the provisions of this section;
7. 
Any cause which would have been cause for rejection of the application in the first instance;
8. 
A material and knowing misstatement or omission of information required on the application pursuant to Subsection 8-13.2. The question whether a misstatement or omission is material and knowing shall be a question of fact for the factfinder.
b. 
Any person whose license has been revoked under the authority of the preceding paragraph a. may, after the lapse of two (2) years from the date of conviction, apply to the Governing Body for an order removing the disqualification from obtaining or holding a license under this section.
c. 
Whenever any such application described in paragraph b. of this section is made, and it appears to the satisfaction of the Governing Body that: (1) At least two (2) years have lapsed from the date of the last conviction; (2) The applicant has conducted himself in a law abiding manner during that period; and (3) The granting of a license for the operation of mechanical amusement devices will not be contrary to the public interest, the Governing Body may enter an order removing the applicant's disqualification from obtaining or holding a license under this section because of the conviction. On and after the date of the entry of such an order, the person therein named shall be qualified to obtain and hold a license under this section, notwithstanding the conviction therein referred to, provided he/she is in all other respects, qualified under this section.
d. 
During the period of which the license is suspended as provided in paragraph a. hereof, no license under this section shall be issued to any person to operate, maintain or use any mechanical amusement device in any premises or location wherein the violation giving rise to the suspension has occurred. The provisions of this paragraph shall apply regardless of any transfer of ownership.
[1972 Code § 7-14.1]
The license fee for each amusement ride device not contained in a licensed amusement center shall be the sum of one hundred ($100) dollars for each such device.
[1972 Code § 7-14.2]
The license fee for each hotel and motel room shall be five ($5) dollars per room.
[1972 Code § 7-14.3]
The license fee for each car wash shall be twenty-five ($25) dollars.
[1972 Code § 7-14.4; Ord. No. 74-15 § I]
The licensing fee for selling flowers from temporary stands, carts, trucks and the like shall be five hundred ($500) dollars.
[Ord. No. 80-2 § I]
The licensing fee for selling Christmas trees, wreaths, grave covers and related items from temporary sites, stands, carts, trucks and alike shall be five hundred ($500) dollars.
[1972 Code § 17-15.1]
An auto body shop shall include any garage, service station or other place of business engaging in the repair, repainting and replacements of the outside body parts of a motor vehicle.
[1972 Code § 7-15.2]
No person shall operate an auto body shop without obtaining a license from the Borough of Woodland Park. The license fee for an auto body shop shall be twenty-five ($25) dollars per annum.
[1972 Code § 7-15.3]
Every auto body shall maintain a log in a bound book recording the date in and date out of every car left with it for repair. No cars other than cars of customers left for repair may be stored on the premises outside of a building. Nor more than four (4) such cars shall be stored outside of a building at any one time and in no event shall any car be stored outside of a building for more than thirty (30) days.
[Ord. No. 93-3 § 1]
As used in this section:
FLEA MARKET SALE
shall mean all sales of tangible personal property which are advertised by any means whereby the public at large is or can be made aware of the sales and which are not sponsored by a homeowner and do not take place on the premises of the homeowner. A flea market includes "street fairs" and "craft shows."
GARAGE SALES
shall mean all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale" or any other similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale and which is sponsored by a homeowner and takes place on the premises of the homeowner.
GOODS
shall mean any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
shall mean individuals, partnerships, voluntary associations and corporations.
[Ord. No. 93-3 § 1; Ord. No. 99-15 § 1; Ord. No. 2015-14]
a. 
It shall be unlawful for any person to conduct a garage sale or flea market in the Borough of Woodland Park without first applying for a permit with the Construction Official. Each permit so issued must be properly displayed in the premises upon which the garage or flea market sale is conducted. Unless such sale is held within two (2) months of the date of the permit, such permit shall expire by limitation; provided, however, that each garage or flea market sale is limited to a period of two (2) consecutive weekends. Each owner-applicant may apply for the permit not more than twice each calendar year, and no location shall receive more than two (2) permits for an open-air flea market per calendar year. The Governing Body may waive the limitations on the frequency and number of permits per year as set forth in the two (2) preceding sentences.
b. 
The fee for all garage sale permits shall be five ($5) dollars.
c. 
The fee for all flea market permits shall be one hundred ($100) dollars. This sum shall be paid by the organizer of the flea market.
d. 
In cases where charitable or religious or civic organizations have applied for permits, the Municipal Council is empowered to waive the permit fee upon request.
e. 
In the event that the Borough of Woodland Park has a town-wide garage sale, the permit fee shall be waived for all residents.
[Ord. No. 93-3 § 1]
All applicants subject to the provisions of this section shall be required to prudently operate and conduct their activities so as to minimize dust, but in no event shall a bed of hay, straw, etc. be permitted. The applicants shall be required to have available and use containers for the storage of garbage, rubbish and refuse accumulating on the premises. The applicants are required to clean or have cleaned all areas upon which their activity has been conducted or areas affected thereby and for a flea market shall be required to post a cash bond in the amount of one thousand ($1,000) dollars or sufficient security acceptable to the Municipal Attorney in lieu thereof for the purpose of assuring the faithful cleanup operations as hereinabove set forth. The applicant applying for a permit or the persons in actual control of the activity or the agent thereof shall be responsible for cleaning up the above referenced area between the closing hour of the first day of operation and the opening hour of the next day and within twenty-four (24) hours after termination of the activity, and failure to do so will cause an automatic forfeiture of the bond placed on deposit or any part thereof necessary to enable the Borough to effectuate a prompt cleanup.
[Ord. No. 93-3 § 1]
All garage and flea market sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
[Ord. No. 93-3 § 1]
a. 
All persons are prohibited from erecting signs which would be in violation of the zoning ordinances of the Borough of Woodland Park. No more than six (6) signs may be erected per sale.
b. 
All signs shall be removed within twenty-four (24) hours after the completion of the sale.
[Ord. No. 93-3 § 1]
This section shall be enforced by the Construction Code Official. It shall be the duty of the Police Department of the Borough of Woodland Park to bring to the attention of the Construction Code Official for further investigation any violation of this section of which the Department may become aware during the course of its normal duties.
Editor's Note: Section 8-17, Licensing of Wreckers Performing Towing Services, previously codified herein and containing portions of Ordinance Nos. 78-3, 83-5, 98-10 and 03-9 was repealed in its entirety by Resolution R08-32, approved January 16, 2008.
[Ord. No. 80-7 § I]
As used in this section:
EMERGENCY
shall mean a sudden unexpected happening, unforeseen occurrence or condition establishing a pressing need.
OWNER
shall mean the record title holder of the real estate upon which the trailer is to be located.
TRAILER
shall mean a trailer built for occupancy by persons for industrial and commercial use and not for transportation.
[Ord. No. 80-7 § II]
The use of semi-trailers on or off wheels, carts, stands and trailers subject to regulation under the motor vehicle laws of the State of New Jersey as warehouses, offices, stores or the like are prohibited in the Borough.
[Ord. No. 80-7 § III]
Trailers are permitted in commercial and industrial zones of the Borough upon the applicant's showing that an emergency exists and the obtaining of a necessary license to be granted by the Mayor and Municipal Council for a commercial or industrial use consistent with that which existed prior to the emergency.
[Ord. No. 80-7 § IV]
a. 
Application Information. Application for a license for permission to use a trailer in accord with Subsection 8-18.3 hereof shall be made to the Mayor and Municipal Council and shall contain the following information:
1. 
The name and address of the applicant. If the applicant is a corporation, the name and address of its principal place of business, and the name and address of its registered agent.
2. 
If the applicant is not the owner of the real estate upon which the trailer is to be located, consent of the owner must be submitted.
3. 
A statement setting forth why the emergency condition exists and the use to which the trailer will be put.
4. 
A plot sketch of the real estate upon which the trailer is to be placed showing the proposed location of the trailer and the size of the trailer.
b. 
The Mayor and Municipal Council may require for their review a report from the Board of Health, Code Enforcement Office, Police and Planning Board.
c. 
The Mayor and Municipal Council are hereby granted the authority to either grant or deny the application based upon the information received.
d. 
Application Fee. The applicant is required to pay, upon submission of the application, two hundred fifty ($250) dollars application fee to the Borough.
[Ord. No. 80-7 § V]
a. 
The license period shall not exceed one (1) year from the date it is granted by the Mayor and Borough Council.
b. 
The Mayor and Borough Council may accept reapplications for additional one (1) year terms on good cause being shown by the applicant. Hardship shall be considered by the Mayor and Borough Council as a basis for renewal.
[Ord. No. 80-7 § VI]
Upon the granting of an application by the Mayor and Borough Council the applicant shall pay to the Borough an annual license fee of five hundred ($500) dollars for each trailer up to seven hundred twenty (720) square feet in size. In the event a trailer exceeds seven hundred twenty (720) square feet, then an additional licensing fee of five hundred ($500) dollars shall be paid by the applicant.
The fee shall not be prorated and in no event shall an applicant be permitted to use one (1) or more trailers exceeding a total of one thousand four hundred forty (1,440) square feet for a retail business use. There is no limitation upon the number of trailers that may be used for office or industrial use. No use of a trailer shall be permitted until the fee is paid. All fees are nonrefundable.
[Ord. No. 80-7 § VII]
This section shall not only apply to trailers to be used in the future, but applies to all existing trailers being used within the Borough, the owners or users of which shall be required to make the necessary application hereunder within thirty (30) days of the adoption of this section.
[Ord. No. 82-11 § I]
As used in this section:
DEALER
shall mean any person, partnership, corporation or other entity whether permanent or itinerant, who on one (1) or more occasions through any means buys or sells second-hand gold, silver, precious metals, gems or jewelry, and includes anyone advertising the purchase or sale of any of the aforenoted mentioned items.
ITINERANT BUSINESS
shall mean any business conducted intermittently within the Borough of Woodland Park or at varying locations.
MINOR
shall mean any person under the age of eighteen (18) years.
PERMANENT BASED BUSINESS
shall mean any business conducted on a year-round basis and housed in a single structure, such as a store or residence.
[Ord. No. 82-11 § II]
Each dealer conducting business within the jurisdiction of the Borough of Woodland Park shall first register with the Chef of Police, who shall fingerprint and institute an investigation of the applicant's moral character and business responsibility as it deems necessary for the protection of the public welfare. Upon completion of the investigation, which in no case shall take more than ten (10) days, the Chief of Police shall return the application or a copy thereof, to the Borough Clerk, accompanied by his recommendations as to whether the license should be issued or denied. If the recommendation of the Chief of Police is to deny the license, the grounds for such recommendation shall be stated. Upon receipt of the recommendation of the Chief of Police, the Mayor and Borough Council shall issue or deny the license as it sees fit.
[Ord. No. 82-11 § III]
Upon issuance of license the fee shall be based as follows:
Permanent based business: $500 per year.
Itinerant business: $50 per day of business.
A license issued under the provisions of this section shall not be transferable and shall terminate on December 31st of the year on which the license is issued.
[Ord. No. 982-11 § IV]
Each dealer shall maintain a complete record of each purchase and sale including the amount paid, description of item, and any identifying numbers, name, residence and age and description of the person from whom the items were purchased, received or sold, including a photograph of the person. These records shall be subject to the inspection of any authorized Police Officer of the Borough of Woodland Park.
[Ord. No. 82-11 § V]
Each dealer doing business in the Borough of Woodland Park shall deliver to the Chief of Police the description of all items purchased, received or sold, within forty-eight (48) hours of the completion of the transaction on forms prescribed by the Chief of Police.
[Ord. No. 82-11 § VI]
No dealer shall sell, melt, or change the form of or dispose of any articles purchased or received within five (5) days of the date of the purchase and also each item shall be made available to the Chief of Police, upon request, for at least five (5) days.
[Ord. No. 82-11 § VII]
Each dealer must require identification of the person with whom it is transacting business and no transaction may be made with any minor, as herein defined, and also with any individual who is in the intoxicated state and/or is under the influence of intoxicating liquor, narcotics, hallucinogenic or habit-producing drugs.
[Ord. No. 82-11 § VIII]
Licenses issued under the provisions of this section may be revoked by the Mayor and Borough Council after hearing on notice for any of the following causes:
a. 
Fraud, misrepresentation, or false statement contained in the application for license;
b. 
Fraud, misrepresentation or false statement made in the course of carrying on the business of purchasing second-hand precious metals, gems and jewelry;
c. 
Any violation of this section;
d. 
Conviction of any crime or disorderly persons offense involving moral turpitude;
e. 
Conducting the business of soliciting or canvassing in an unlawful manner and in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specific grounds of the complaint and the time and place of the hearing. Testimonies shall be mailed, postage prepaid to the licensee at his last known address at least five (5) days prior to the date set forth of the hearing.
[Ord. No. 82-11 § IX; New]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty established in Chapter I, Section 1-5. A separate offense shall be deemed committed in each day during or on which a violation occurs or continues.
[Ord. No. 94-11 § 1]
This section shall be known as the "Commercial Outside Security Code."
[Ord. No. 94-11 § 2]
As used in this section:
CHIEF
shall mean the Chief of the Borough of Woodland Park Police Department or his duly authorized agents.
COMMERCIAL ENTERPRISE
shall mean any kind of business operation that is carried on in one (1) or more structures whereby goods, services or any entertainment of any kind or type are offered for the operation, sale, lease, or hire to the general public.
MALL
shall mean an enclosed or unenclosed pedestrian area more than ten (10) feet in width that is open to the general public.
OPERATOR
shall mean the owner of the shopping center premises and the individual, firm, corporation, partnership, unincorporated association or legal entity legally authorized by the owner of the shopping center premises under a management agreement to lease commercial space or manage the operation of the shopping center.
OUTSIDE SECURITY AREA
shall mean the combined area as measured in square feet of all parking areas, sidewalks, pedestrian ways and all open space and malls associated with the shopping center.
PARKING AREA
shall mean all that area associated with the shopping center, whether unenclosed or enclosed on one (1) or more levels, which is used for or intended for the off-street parking of motor vehicles, and including parking stalls, spaces between stalls, access aisles, fire lanes, driveways and roadways leading to and from the parking stalls, walkways between or adjacent to parking stalls and loading zones adjacent to parking stalls or otherwise accessible to the public.
PATROL SERVICE
shall mean the action of continually riding around and through a designated area for the purpose of protecting persons and property.
RESPONSIBLE PERSON
shall mean every individual, firm, corporation, partnership, unincorporated association or legal entity owning a commercial enterprise located in a shopping center subject to the provisions of this section.
SECURITY SERVICE
shall mean individuals hired to perform security service who must be bonded and in uniform.
SHOPPING CENTER
shall mean any area consisting of one (1) commercial enterprise having parking area or consisting of a clustering or grouping of commercial enterprises with common ownership of a joint right to the use of a parking area.
[Ord. No. 94-11 § 3]
The purpose of this section is to enhance the peace, safety and general welfare of persons who have come upon the premises of certain shopping centers to shop at or otherwise engage or use the services or facilities of the commercial enterprises.
[Ord. No. 94-11 § 4]
Each shopping center with a parking area of more than one hundred fifty thousand (150,000) square feet, whether in existence, under development or developed after the effective date of this section, shall be subject to the provisions of this section.
Editor's Note: This section was adopted on November 21, 1994.
[Ord. No. 94-11 § 5; Ord. No. 13-09]
The following outside security services shall be provided at each shopping center subject to the provisions of this section.
a. 
For shopping centers with more than one hundred fifty thousand (150,000) square feet of parking area but less than five hundred thousand (500,000) square feet of parking area, a one (1) vehicle patrol service by a guard or watchman shall be provided for the entire calendar year.
b. 
For shopping centers with more than five hundred thousand (500,000) square feet of parking area, a one (1) vehicle patrol service by guard or watchman from 10:00 a.m. until one-half (1/2) hour after the last commercial enterprise closes, Monday through Sunday, and one (1) ride patrol from 5:00 p.m. to one-half (1/2) hour after closing. In addition, from November 15th through January 15th a work patrol supplementing the above from 5:00 p.m. to one-half (1/2) hour after closing.
c. 
The Chief of Police in his discretion may direct that additional patrol service or substitute foot patrol service be required for any period of time at any shopping centers covered herein.
d. 
All vehicles used for patrol service shall be duly marked and identified on their doors as Security Vehicles with flashing-amber-rotating lights clearly visible to the general public, along with cellular telephones to be used for contacting the Woodland Park Police Department. All foot patrol persons shall be equipped with a cellular telephone at all times.
e. 
The operator of a shopping center covered herein shall notify the Chief of Police on a form supplied by the Chief of Police of the name, address and telephone number of the security service being provided herein together with any other security data information requested by the Chief of Police. The operator shall also submit a monthly report of security operations directly to the Chief of Police.
[Ord. No. 94-11 § 6; Ord. No. 13-09]
The outside security services required by this section shall be from 10:00 a.m. to one-half (1/2) hour after the last commercial enterprise closes, Monday through Sunday.
In the event a shopping center contains a commercial enterprise or enterprises which are open for twenty-four (24) hours a day and in the event the enterprise or enterprises consist of less than fifty (50%) percent of the total leased store area in the shopping center, then the shopping center shall be permitted to reduce its required security service to one (1) patrol service for the overnight hours of 11:00 p.m. to 10:00 a.m. For the remaining hours of the day, the security service requirements shall remain as provided otherwise under this section.
Shopping centers shall not be required to provide outside security service as provided under this section, on Sundays and holidays when the commercial enterprise or enterprises which are open for business consist of fifteen (15%) percent or less of the total leased store area in the shopping center. The foregoing exemption to outside security requirements is subject to the discretion of the Chief of Police, who may direct shopping centers who otherwise meet the above criteria to provide outside security service for the following purposes: protecting the public from criminal activity; providing security for special events; and/or other emergent circumstances which may necessitate the presence of outside security service. On the remaining days of the week and non-holidays, or when the commercial enterprise or enterprises which are open for business consist of more than fifteen (15%) percent of the total leased store area in the shopping center, security service requirements shall remain as provided otherwise under this section.
[Ord. No. 94-11 § 7]
As a minimum, the outside security area of all shopping centers subject to the provisions of this section shall be adequately illuminated from dusk until one-half (1/2) hour after the last commercial enterprise closes and/or as required by section.
[Ord. No. 94-11 § 8]
a. 
Unless otherwise agreed between the operator and the responsible person, the operator shall provide the outside security services and illumination required by this section. Each responsible person shall reimburse the operator for the cost of each outside security services and illumination by paying his proportionate share of the cost of such outside security services and illumination, being an amount which bears the same ratio to the total cost of such outside security services and illumination as the floor area of his commercial enterprise bears to the total leasable floor area of all commercial enterprises in the shopping center.
b. 
Unless otherwise agreed, the operator shall provide and pay for the capital improvements necessary to cause the shopping center lighting equipment to provide illumination sufficient to comply with the requirements set forth in this section.
[Ord. No. 94-11 § 9]
The Chief of Police shall enforce the provisions of this section. The Borough's Designated Engineer shall provide the Chief with a written report specifying the area in square feet of the parking area of all shopping centers subject to the provisions of this section and all such similar information deemed necessary by the Chief for the proper enforcement of this section.
[Ord. No. 94-11 § 10]
a. 
In the event that the requisite security services or illumination shall not be provided in accordance with the provisions of this section for a period of twenty-four (24) hours, the Woodland Park Police Department, after notice to the operator, shall provide security with off-duty officers at a time and a half salary rate plus vehicle expenses and insurance. The expenses and cost shall become a lien against the premises, collectible as provided by law.
b. 
Each person who shall violate any provision of this section shall, upon conviction, be punished by a fine of not less than one thousand two hundred fifty ($1,250) dollars or imprisonment in jail for not less than ninety (90) days, or both.
c. 
Each day upon which a violation of this chapter takes place shall constitute a separate offense.
[Ord. No. 07-13 § 1]
LANDSCAPERS
shall mean any person, partnership or corporation engaged in for profit business of landscaping, and shall not include casual employment of minors or family members.
[Ord. No. 07-13 § 2]
a. 
No person shall engage in the business of landscaping without first obtaining a license therefor; and
b. 
Every applicant for a license under this section shall sign an application on forms furnished by the Borough Administrator.
[Ord. No. 07-13 § 3]
The license fee shall be twenty-five ($25) dollars for the first truck and five ($5) dollars for each additional truck thereafter per calendar year and no part of said fee shall be prorated for any part of the year. After payment of the fee the Administrator shall issue an identification badge or sticker for the calendar year for which the application was filed, which shall be affixed to the vehicle visibly displayed.
[Ord. No. 07-13 § 4]
Licensed landscapers may dispose of grass clippings at the Municipal Recycling Center. The fee schedule for grass clipping disposal is twenty ($20) dollars per cubic yard. Grass clipping disposal fees are paid by voucher coupons at the Recycling Center. Twenty ($20) dollar voucher coupons shall be purchased in advance at the Administrator's office in the Municipal Building located at 5 Brophy Lane in Woodland Park.
[Ord. No. 07-13 § 5]
Any person who violates any provision of this article shall, upon conviction thereof, be subject to a fine not exceeding one thousand ($1,000) dollars or by imprisonment for a term not exceeding ninety (90) days or both, and to community service up to ninety (90) hours.
[Ord. No. 07-13 § 6]
All landscapers shall provide for the removal of grass clippings and other landscaping debris, excluding leaves, and shall not leave or deposit said debris at the curbside or any other site in the Borough of Woodland Park. Any landscaper who causes said grass clippings or landscape debris to remain on the site or entry into the Borough stormwater sewer drainage systems, or curbside anywhere in the Borough of Woodland Park shall forfeit his license to conduct business anywhere in the Borough of Woodland Park and shall also be subject to the penalties provided in this section.
[Ord. No. 07-13 § 7]
Leaves shall be deposited at curbside only and only in biodegradable bags the day before the scheduled leaf collection.
[Ord. No. 07-13 § 8]
All grass clippings must be dumped from one (1) cubic yard containers. Landscapers shall not dump grass clippings from any vehicle.
[Ord. No. 07-13 § 9]
Removal of any grass clippings left on the ground is the sole responsibility of the contractor. The contractor's obligation to remove grass left on the ground is subject to periodic inspection and a fine may be assessed if appropriate.
[Ord. No. 07-13 § 10]
Enforcement shall be by the Woodland Park Police Department, the Department of Public Works Superintendent or his/her designee.
[Ord. No. 11-15 § 1]
BODY PIERCER
shall mean one who engages in body piercing.
BODY PIERCING
shall mean and refer to the piercing of any portion of the human body for placement of any type of jewelry or any other ornamentation, other than ear lobe piercing.
CERTIFICATE OF INSPECTION
shall mean written approval from the Health Officer or his/her authorized representative that said tattooing or body piercing establishment has been inspected and meets all of the terms of this section.
ESTABLISHMENT
shall mean the premises wherein tattooing or body piercing is performed.
HEALTH OFFICER
shall mean the Borough of Woodland Park Health Officer or his/her authorized representative.
OPERATOR
shall mean any individual, firm, company, corporation, or association that owns or operates an establishment where tattooing or body piercing is performed. This provision will also apply to all LLCs, LLPs, and like corporate entities. All operators will also be required to name an individual, who will be identified as the operator's representative, who will be signing all legal documents between the operator and the Borough of Woodland Park, and this individual will be the contact person for all licensing and inspection procedures. As such, this individual must post his or her contact information with the Borough's Health Department.
PERSONAL IDENTIFICATION
shall mean a document or other written or memorialized instrument setting forth the presenter's true name, address, correct age, or other identifying data, examples of which include but are not limited to driver's license, credit card issued by a national company, birth certificate passport, employment identification card, or any instrument issued by a governmental agency setting forth the pertinent and required information.
SANITIZE
shall mean a bacterial treatment of cleaned surfaces by a process which is effective in reducing the number of microorganisms to a safe level.
SINGLE USE
shall mean products or items that are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary covering, razors, needles, scalpel blades, stencils and ink cups.
STERILIZATION
shall mean a bacterial treatment of cleaned surfaces by a process which is effective in reducing the number of microorganisms to a safe level.
TATTOO ARTIST
shall mean one who engages in tattooing.
TATTOO, TATTOOED, OR TATTOOING
shall mean and refer to any method of placing designs, letters, scrolls, figures, symbols or any marks under the skin with ink or any other substance resulting in the coloration of the skin, by the aid of needles or any other instruments designed to puncture the skin.
[Ord. No. 11-15 § 2]
a. 
It shall be unlawful for any operator to engage in the business of operating an establishment where tattooing or body piercing is performed without first obtaining a license from the Borough of Woodland Park Health Division to engage in such business in accordance with the provisions hereof.
b. 
A Division application for an initial license shall be made to the Health Division of the Borough of Woodland Park accompanied by a fee in the amount of three hundred fifty ($350) dollars.
1. 
Application for licenses under this section shall be made to the Borough of Woodland Park Division of Health, in writing, upon such printed forms as the Borough of Woodland Park Division of Health shall prescribe and prepare which may be obtained from the Borough of Woodland Park Health Division and shall be signed by the applicant under oath and shall contain the following information:
(a) 
If an individual, the full name, age, sex, residence address at the time of application.
(b) 
If a corporation, the full corporate name, the date and the state of incorporation, address of the place or places of business, the name and address of the registered agent, and the name, address and age of any principal owning more than ten (10%) percent of the stock.
(c) 
If a partnership, the information required by paragraph 1(a) above for each partner and the name under which the business is being conducted.
(d) 
The apprenticeship, training and/or business experience of the applicant in the business or occupation for which the license is sought.
(e) 
The length of time that the applicant has engaged in such business or occupation.
(f) 
Whether the applicant carries public liability insurance, and, if so, the amount of said coverage and the company providing such liability insurance.
(g) 
Name, address and age of every tattoo artist and/or body piercer to be initially employed to conduct the service. This shall be a continuing obligation for licensees' to update once a year the list of tattoo artists and/or body piercers employed by the establishment.
(h) 
The date upon which Construction Official has approved the location for business.
(i) 
Evidence that the applicant has satisfied the requirements of, and is in compliance with, N.J.A.C. 7:26-A.B
c. 
No ownership rights in any license or renewal thereof granted under the provisions of this section shall be assignable or transferable without the permission of the Health Division whose permission shall not be unreasonably withheld. Any change of ownership shall require a new application and license with payment of fees.
d. 
The renewal license fee for engaging in the business of operating an establishment subject to this section with the Borough of Woodland Park shall be three hundred fifty ($350) dollars per year. All licenses shall expire on the last day of each calendar year. The first license expiration date for renewal shall be December 31. All applications for renewal must be presented to the Health Division in writing on a form prescribed by the Health Division not less than sixty (60) days prior to the end of the calendar year.
e. 
All establishments existing at the time of the enactment of this section will be considered renewal applications provided that they apply for renewal of said license within one (1) month after the effective date of this section. Establishments failing to apply within the specified time period will be considered new applicants and will be subject to the provision of paragraph b. of this section.
f. 
If renovations of the tattoo or body piercing establishment occur, plans must be submitted to the Borough of Woodland Park's Health Division and the applicant will be required to comply with Subsection 8-22.4 herein, as well as all other applicable codes, regulations or laws.
g. 
In the event that an applicant fails to qualify for a license under this section, the fee herein shall not be refunded.
h. 
The license issued pursuant to this section shall be posted conspicuously in the place of business or location named therein.
i. 
All establishments shall manage contaminated contact waste materials (body fluids) as medical waste pursuant to N.J.A.C. 7:26-A.8. All establishments shall be licensed with the State of New Jersey as a medical waste generator, pursuant to N.J.A.C. 7:26-A.8, prior to approval from the Borough of Woodland Park's Health Division.
[Ord. No. 11-15 § 3]
a. 
It shall be a violation of this section for anyone or any tattoo or body piercing business to tattoo or pierce any part of the body of any individual under eighteen (18) years of age without authorization signed by the parent or legal guardian, witnessed and attested to by a notary public. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a period of two (2) years beyond the recipient's eighteenth (18th) birthday. The operator shall obtain a copy of (2) two forms of personal identification of such individual being tattooed and/or pierced.
b. 
Each person wishing to receive a tattoo or body piercing must first sign a consent form presented by the operator, the content of which has been approved by the Borough of Woodland Park Health Division. This form shall commence with the following statement. "I swear, certify or affirm under the penalties of false swearing or perjury the following information." The consent form shall contain language above the applicant's signature which shall read, "I have read and understand the contents of this form, and acknowledge that an operator of the above-named tattoo and/or body piercing establishment has reviewed the same with me. I have presented to the operator the following forms of identification which I represent, warrant and guarantee are truthful and correct and are identification that relates to me. I further represent that I am an adult over the age of eighteen (18), and am not currently intoxicated or under the influence of any narcotic substance, and make this statement entirely of my own free will and sound mind." The form shall also include a signature line for the operator above which the following language shall appear: "I have reviewed the language of this form with the applicant who has represented to me that he/she fully understands the contents of same, and that the information provided is truthful, in addition, I have reviewed the documentation presented by the applicant with respect to his/her age." If the applicant appears to be intoxicated or disoriented, the operator must refuse the applicant.
c. 
All records regarding tattoos or body piercing are to be maintained for a minimum of two (2) years. Information required for each applicant referred to in Subsection 8-22.3b is to include the name, age, date of birth, health history including allergies and medical conditions, home address and telephone numbers of the applicant as well as the name of the person who did the tattoo or body piercing, the design, location and the date of the tattoo or type of body piercing done.
[Ord. No. 11-15 § 4]
a. 
Each tattoo or body piercing facility shall have a bathroom accessible to the public and staff, and a stainless steel sink in a separately designated sterilization room which is to be used by staff only as required by this section. The sink in the sterilization room shall be connected to hot and cold running water. Each bathroom shall be equipped with commode and sink, with the sink being connected to hot and cold running water. Soap and sanitary towels, or other approved hand drying devices, shall be available at the sink in the bathroom(s) and sterilization room at all times. Common towels are prohibited. Employee hand washing signs shall be posted in each bathroom and sterilization room. There shall be no door requiring the use of a tattoo artist/body piercer's hand in going from a hand-washing area to a work area.
b. 
The chair or seat reserved for the person receiving the tattoo or body piercing shall be a material that is smooth and easily cleanable and constructed of material that is nonabsorbent. Any surface on the chair that becomes exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.
c. 
The work table or counter used by the tattoo artist or body piercer shall be smooth and easily cleanable and constructed of material that is nonabsorbent. There shall be a non-permeable juncture between a table/counter and a wall if the table/counter is to be placed against a wall. This table/counter must be cleaned and sanitized utilizing a method approved by the Borough of Woodland Park's Health Division between each customer.
d. 
The walls in the tattooing or body piercing area shall be of durable material that is nonabsorbent and is smooth and easily cleanable. Walls shall be kept clean.
e. 
The floor in the tattooing or body piercing area shall be of durable material that is nonabsorbent and is smooth and easily cleanable. Floors shall be kept clean.
f. 
Lighting within the tattoo or body piercing area shall be adequate so as to provide a minimum of one hundred (100) foot-candles in all areas. Such illumination shall be free from glare and distributed to avoid shadows.
g. 
Each establishment must contain at least one (1) enclosed "privacy room" so as to protect the confidentiality of the applicant, and revelation of the service provided. The privacy room must be used when tattooing or body piercing is to be performed on either female breasts, or the buttocks or groin areas of males or females. The privacy room shall have a swinging type door for ingress and egress, and be separated from other areas of the establishment by either walls or durable partitions, or other materials able to be sanitized, extending at least six (6) feet in height and so designed as to prevent visual observation of the customer and the tattoo artist or body piercer from any other area by any persons other than the customer and the tattoo artist or body piercer.
h. 
Any surfaces in the establishment that become exposed to blood or bodily fluids must be cleaned and sanitized, utilizing a method approved by the Borough of Woodland Park Health Division.
i. 
Cleaning, disinfection and sterilization activities must be conducted in a physically separate work area. This area should have a clearly defined work pattern from soiled to clean in order to prevent cross-contamination. All sterile equipment must be stored in enclosed cabinets outside of the processing room. All containers, regardless of size, must be clearly marked with the name of the product.
j. 
Proper waste receptacles shall be provided and waste shall be disposed of at appropriate intervals.
k. 
The use of tobacco in any form in the establishment is prohibited.
l. 
The consumption of food or drink shall be prohibited in the tattoo/body piercing work areas of the parlor.
m. 
Only articles considered necessary for the routine and customary operation and maintenance of the tattoo/body piercing business shall be permitted in the tattoo or body piercing establishment.
n. 
No live bird, turtle, snake, dog, cat or other animal or reptile shall be permitted in any area used for the conduct of tattooing and/or body piercing operations or in the immediate open, adjacent areas including the main waiting area and the public access to the toilet room, with the exception of animals utilized for the assistance of the blind and/or deaf.
o. 
Effective measures shall be taken to protect the establishment from the breeding or presence of insects and rodents.
1. 
Anyone using pesticides in the licensed premises must be certified by the State of New Jersey for application of same.
2. 
The use of pesticides shall not result in the contamination of dyes, inks, ink reservoirs, needles, jewelry or gloves or any equipment used in connection with the operation.
p. 
Proper ventilation and exhaust is to be provided.
[Ord. No. 11-15 § 5]
a. 
Tattoo artists and body piercers must be registered with the Board of Health to provide services.
1. 
No tattoo artist or body piercer shall practice the art of tattooing or body piercing within the Borough of Woodland Park without first registering with the Board of Health, and receiving a certificate to allow the said individual to engage in tattooing or body piercing. The cost for the initial certification is fifty ($50) dollars per artist and piercer. Please note that a tattoo artist may also conduct piercing activities, or visa versa, under the guise of one (1) certificate, if that individual is registered to perform both activities on his or her certificate. In addition, the renewal fees/costs for renewal of the tattooing and piercer's certificate is fifty ($50) dollars per annum. Please also note that the licensed operator for each establishment will be required to obtain a tattoo artist and/or body piercer's certificate, in addition to the operator's certificate, in order to be allowed to perform such services.
2. 
All certificates shall automatically expire on December 31 annually.
3. 
No certificate to practice the art of tattooing or body piercing shall be issued unless:
(a) 
The applicant furnishes proof of having previously held such a certificate, or
(b) 
The applicant furnishes proof of having practiced the art of tattooing or body piercing as a full-time occupation, which may take the form of a letter from a tattoo and/or body piercing establishment representing that the applicant is/was employed by said establishment as a tattoo artist or body piercer, or that the applicant presently operates or had in the past operated a tattoo or body piercing establishment, or had in the past or presently maintains an ownership interest in a business, partnership or corporation which operates or operated a tattoo or body piercing establishment, and
(c) 
The applicant furnishes proof of having attended blood-borne pathogen training which includes principles of disinfection and sterilization. Compliance with this paragraph will be waived for guest tattoo artists retained by the establishment so long as the customer upon whom the guest tattoo artist is to provide the service is provided with prior written notice that the guest tattoo artist has not attended blood borne pathogen training including principles of disinfection and sterilization, and
(d) 
Proof of Hepatitis B pre-exposure vaccination or proof of immunity is required for all tattoo artists or body piercers. Notwithstanding the foregoing, all tattoo artists or body piercers shall provide the Woodland Park Board of Health Division with one of the following:
(1) 
Proof of Hepatitis B pre-exposure vaccination or proof of immunity; or
(2) 
A letter or statement from a physician certifying that the individual does not have Hepatitis B and the vaccination is contraindicated; or
(3) 
A written statement or letter signed by the tattoo artist or body piercer declining to provide the information sought in the immediately preceding paragraphs (1) and (2).
(e) 
The operator shall develop operating guidelines, in accordance with the CDC and OSHA, that will reduce the likelihood of accidental needle sticks and establish a monitoring system for those person(s) accidentally stuck by a needle. The guidelines shall be submitted to the Woodland Park Health Division for approval prior to the issuance of a license and subsequent renewals of license. The artists and piercers will be required to follow the guidelines that are established by the operator and approved by the Board of Heath. Failure to do so could result in the revocation of the operator's certificate of operation and relocation of the artist's and/or piercer's certificate to perform tattooing or piercing.
(f) 
The operator will be required to pay the initial and annual certificate fee of three hundred fifty ($350) dollars for each location that is desired within the Borough of Woodland Park, as well as to provide:
(1) 
The name and address of the applicant;
(2) 
A physical description of the premises where tattooing/body piercing is to be done;
(3) 
The operator must also identify an individual who will be the contact person for the establishment, as well as the responsible party for complying with any and all requests that are advanced by the Borough of Woodland Park's Board of Health;
(4) 
Such other information as the Division may require.
4. 
Operator's certificates shall be issued unless the Woodland Park Health Board demonstrates that the tattoo/body piercing operator has failed to comply with the provisions of this section after being afforded reasonable opportunity to cure any deficiencies found in its application.
5. 
All certificates shall be conditioned upon continued compliance with the provisions of this section as well as other applicable provisions.
6. 
The certificate shall be posted in a prominent and conspicuous area where it may be readily observed by patrons.
7. 
The operator of a tattoo/body piercing establishment shall submit a written aftercare plan to the Woodland Park Division of Health. Body piercing establishments will submit an aftercare plan specific to each body site intended to pierce. This after care plan must be followed by all tattoo artists and body piercers.
b. 
Before working on each patron, each tattoo artist or body piercer shall scrub and wash his/her hands thoroughly with hot water and antiseptic soap. Fingernails shall be kept clean and short.
c. 
Disposable vinyl or latex gloves shall be worn by the tattoo artist or body piercer during tattoo preparation and application to prevent contact with blood or body fluids. Universal precautions described by the Centers for Disease Control and Prevention (CDC) shall be followed. All materials shall be disposed of in accordance with Subsection 8-22.5j of this section after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately.
d. 
Immediately after tattooing or body piercing a patron, the tattooist or body piercer shall advise the patron on the care of the tattoo or body piercing in a written form and shall instruct the patron to consult a physician at the first sign of infection of the tattoo or body piercing. Printed instructions regarding these points shall be given to each patron.
e. 
All medically diagnosed infections resulting from the practice of tattooing or body piercing which become known to the operator shall be promptly reported to the Health Officer by the person owning or operating the tattoo or body piercing establishment or by the tattoo artist or body piercer within twenty-four (24) hours.
f. 
Employee Health.
1. 
The establishment shall comply with all current OSHA requirements applicable to its operation.
2. 
No person affected with infected wounds, open and infected sores, and acute respiratory infection shall work in any area of a tattoo or body piercing establishment in any capacity in which there is a likelihood of contaminating tattoo or body piercing equipment, supplies or work surfaces.
g. 
Skin Preparation.
1. 
Tattooing or body piercing shall be done only on normal, healthy skin surface that is free of moles or infection.
2. 
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to Subsection 8-22.5j of this section after each use and new blades shall be used for each patron.
3. 
Following shaving, the area shall be thoroughly cleansed and scrubbed with tincture of green soap or its equivalent and warm water. Before placing the design or body piercing on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry. Piercing of mucous membranes (i.e., oral, nasal, vaginal, etc.) shall be treated with an industry-appropriate and medically indicated antiseptic solution prior to the procedure.
4. 
Only petroleum jelly (U.S.A. or National Formulary) or antiseptic ointment shall be applied to the tattoo area prior to tattooing or body piercing. The ointment shall be applied in a sanitary manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may also be used.
h. 
Tattooing or Body Piercing.
1. 
The use of single service hectograph stencils shall be required for applying a tattoo outline to the skin. Multi-use stencils shall be prohibited.
2. 
Only nontoxic dyes or pigments may be used. Pre-mixed sterile materials are preferred. Pre-mixed dyes shall be used without adulteration of the manufacturer's original formula. The operator shall represent to the Woodland Park Health Division, at the time of license application and renewal, that to the best of his/her knowledge the dyes and pigments used in tattoo applications are of non-toxic origins and shall submit supporting documentation on same. The operator shall also present to the Woodland Park Health Division labels or manufacturer's data sheets relating to dyes and pigments or such other written documentation as is applicable to the dyes and pigments that they are nontoxic or nonhazardous to human health.
3. 
Single service or individual containers of dye or ink shall be used for each patron and the container disposed of immediately after completing work on each patron.
4. 
The completed tattoo shall be washed with sterile gauze or single use paper tissue and a solution of tincture of green soap or its equivalent, then disinfected with seventy (70%) percent alcohol. The area shall be allowed to air dry and antiseptic ointment shall be applied and spread with sterile gauze and sterile dressing attached.
5. 
Upon completion of piercing of the mucous membranes, the area shall be disinfected with the industry-appropriate and medically indicated solutions.
i. 
Needles, Instruments and Dyes.
1. 
Only single service sterilized needles and needle bars shall be used for each patron.
2. 
If solder is used in manufacturing needles, needle bars or needle tubes, it must be free of lead.
3. 
Any needle that penetrates the skin of the tattoo artist or body piercer shall be immediately disposed of in accordance with Subsection 8-22.5j of this section.
4. 
Needle tubes shall be ultrasonically cleaned in a solution which is alconox or its equivalent, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with Subsection 11-22.5i5, stored in sterile bags and maintained in a dry, closed area.
5. 
Each item to be sterilized shall be individually wrapped using chemical indicator bags or chemical indicator strips. Sterilization shall be by steam sterilization/autoclave. The autoclave shall be well maintained with a tight-fitting gasket and clean interior. The manufacturer's operating instructions and sterilization specifications shall be at hand. The sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of sterilization cycle. Proper functioning of sterilization cycles shall be verified by the monthly use of biologic indicators (i.e., spore tests). A record of these monthly test results shall be available, and a test may be required to be done during any inspections. Establishments are required to maintain an autoclave on site, with a minimum interior chamber that is no less than seven inches in diameter and 15 inches in depth.
6. 
If the primary source of sterilization malfunctions, the Woodland Park Health Division shall be notified no later than four hours after the deficiency. In an emergent situation, the Woodland Park Health Division may approve alternate sterilization techniques.
7. 
Needles and bars shall not be bent or broken prior to disposal. Tattoo artists or body piercers shall take precautions to prevent injuries from contaminated needles or tubes.
8. 
All dyes and inks shall be from a source of supply which complies with applicable U.S. Food and Drug Administration regulations when available. Dyes and inks are to be used in accordance with the manufacturer's directions and are not to be adulterated with any substance not recommended by the manufacturer.
Immediately before applying a tattoo, the quantity of dye to be used for the tattoo shall be transferred from the dye bottles and placed into sterile, single-use paper cups or plastic caps. Upon completion of the tattoo, these single use cups or caps and their contents shall be discarded.
Excess dye or ink shall be removed from the skin with a single-service wiping tissue or sterile gauze which shall be discarded after each use.
j. 
Disposal of waste. All used needles, needle bars or other disposable tools used in the tattooing process, as well as gloves, gauze and other materials saturated with blood or body fluids, shall be removed through the use of a licensed medical waste hauler.
[Ord. No. 11-15 § 6; amended 4-4-2018 by Ord. No. 18-06; ]
Tattoo parlors and body piercing establishments will only be allowed to operate within the RGC District in the Borough of Woodland Park. The specifics regarding the location of this zone are located on the Borough's Master Plan and may be reviewed and analyzed at the Borough's Construction Code Official's office.
[Ord. No. 11-15 § 7]
a. 
Any person or entity who or which violates any section of this section, upon conviction, shall be subject to the following penalty: a fine not to exceed $1,000, imprisonment not to exceed 90 days in the county jail, community service not to exceed 90 days, or any combination thereof in the discretion of the Municipal Court Judge. Each day that the violation exists is considered to be a separate offense.
b. 
After due notice and hearing, the Woodland Park Health Division may suspend or revoke any license issued under this section for violation of the provisions of this section.
[Ord. No. 2017-23 § 1]
As used in this section, the following terms shall have the meanings indicated:
BOARD
The Crane Operators License Advisory Board established pursuant to N.J.S.A. 45:26-3.
CERTIFICATION
Certification from the National Commission for the Certification of Crane Operators or any other organization found by the Board to offer an equivalent testing and certification program meeting the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies.
COMMISSIONER
The Commissioner of Labor.
CRANE
As used in this section, the term "crane" shall be defined in accordance with N.J.S.A. 45:26-1 through 45:26-17 (Licensure of Crane Operators Act), hereafter referred to as the "Crane Operator Licensure Act," and the 1926 OSHA Crane and Derricks in Construction, also known as "OSHA Subpart CC."
CRANE OPERATOR
An individual engaged in the operation of a crane.
CRANE-RELATED EXPERIENCE
Operating, inspecting, training and maintenance experience acceptable to the Board.
PRACTICAL EXAMINATION
An examination demonstrating the applicant's ability to safely operate a particular category or type of crane. Practical examinations shall be conducted for the following crane categories: lattice boom crawler cranes (LBC), lattice boom truck cranes (LBT), telescopic boom cranes (TLL, Swing Cab) and (TSS, Fixed Cab), tower cranes and overhead cranes.
[Ord. No. 2017-23 § 2]
a. 
Five (5) days before any crane operator, contractor or other person or company initiates the use of a crane within the municipality a permit shall be obtained. In emergent situations the Building Inspector may waive this requirement in his or her own discretion if the operator meets the balance of the requirements of this section.
b. 
The permit will be maintained with the Borough as well as with the crane operator at all times; a copy of the permit shall be produced on the work site when requested.
c. 
The following documents must be provided to the Borough in order to be granted a permit:
1. 
Copy of crane operator certificate from one of the following organizations:
(a) 
National Commission for the Certification of Crane Operators (NCCCO)
(b) 
Operating Engineers Certification Program (OECP)
(c) 
Crane Institute of America Certification
2. 
New Jersey Crane License
3. 
Current Medical Examiner's Card;
4. 
A copy of the most recent and current proof of inspection; (Crane owner)
5. 
Insurance required as follows:
(a) 
Bodily Injury:
(1) 
For any one (1) person in the amount of $500,000
(2) 
For any occurrence in the amount of $1,0000
(b) 
Property Damage:
(1) 
For any one (1) accident in the amount of $500,000
(2) 
For any aggregate of occurrences in the amount of 2,000,000.
6. 
Proof that Crane Operator submits to a random drug testing program.
7. 
Proof of Completion of Signal Person Qualification or Certification course.
8. 
Upon receipt of a properly completed application and compliance with the requirements of this subsection, the Building Department shall issue or deny the requested permit within five (5) business days. If the application is denied the reasons for the denial are furnished to the application in writing.
[Ord. No. 2017-23 § 3]
a. 
Licensure of crane operators, pursuant to N. J. S. A 45:26-7. No person shall engage in the operation of a crane, offer himself for employment as a crane operator or otherwise act, attempt to act, present or represent himself as a crane operator unless licensed as such under the provisions of this act.
b. 
A crane operator's license shall be valid only in conjunction with a current certification and only in the specialty or specialties for which the crane operator is certified. The specialties are lattice boom crawler crane (LBC), lattice boom truck crane (LBT), telescopic boom cranes (TLL, Swing Cab) & (TSS, Fixed Cab), Tower cranes and Overhead cranes.
c. 
To be eligible for a license as a crane operator in the Borough, an applicant shall fulfill the following requirements:
1. 
Be at least eighteen (18) years of age;
2. 
Receive certification from the National Commission for the Certification of Crane Operators or any other organization found by the board to offer an equivalent testing and certification program meeting the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies;
3. 
Have at least 1,000 hours of crane-related experience; and
4. 
Maintain a current medical examiner's certification card.
[Ord. No. 2017-23 § 4]
The permit fee for each crane shall be $100. Each permit is valid for sixty (60) days and may be extended and/or renewed provided that compliance with the requirements of this section continues to be met. Fee for an extended or renewal permit is $50.
[Ord. No. 2017-23 § 5]
The owner of the building shall immediately notify the Borough of every accident causing personal injury or damage to property involving a construction crane covered by this section and shall afford the municipal official every facility for investigating such accident. When an accident involves the failure, breakage, damage or destruction of any part of the apparatus, it shall be unlawful to use such device until after an examination by the Borough is made and approval of the equipment for continued use is granted. It shall be the duty of the Borough to make a prompt examination into the cause of the accident and to enter a full and complete report thereof in the records of the Borough. Such records shall be open for public inspection during regular business hours.
[Ord. No. 2017-23 § 6]
a. 
All crane equipment shall be kept in safe working condition at all times by the owner and licensee.
b. 
If any safety or operational aid used or required to be used in connection with the operation of a crane is not working properly, the person operating such crane shall immediately shut down the crane until such time that the required safety or operational aid is repaired or replaced and the crane is restored to property working order.
c. 
Any and all safety requirements promulgated by the Board, Commissioner, or Borough must be adhered to at all times.
d. 
Every crane shall be thoroughly inspected by a competent designated employee or authorized agent of the owner or lessee if such mobile crane, tower crane or derrick at intervals not exceeding one month. Such inspection shall include but not be limited to all blocks, shackles, sheaves, wire rope, connectors, and various devices on the master boom, controls and breaking mechanisms.
e. 
A written, dated and signed record of each such inspection shall be completed by the competent designated employee or authorized agent who made the inspection. The most recent record of such inspection shall be posted inside the cab of such crane and shall be filed with the Borough. Attached to such record of inspection shall be a written designation naming the competent employee or authorized agent. Such attached designation shall be signed by the owner or lessee of such.
f. 
Every crane shall be inspected before being erected or operated for the first time on any job.
g. 
Adjustments and repairs to cranes shall be made only by competent designated persons.
[Ord. No. 2017-23 § 7]
The provisions of this article shall be enforced by the Code Enforcement Officer of the Borough of Woodland Park.
[Ord. No. 2017-23 § 8]
a. 
Any crane which is or hereafter becomes unsafe or otherwise dangerous to human life or public safety, or which involves inadequate maintenance shall be deemed in unsafe condition by the Municipal Engineer. All unsafe cranes shall be taken down or removed or made safe, as the Municipal Engineer deems necessary and as provided for in this section.
b. 
The Municipal Engineer shall cause a report to be filed on an unsafe crane. The report shall state the nature of the unsafe condition.
c. 
If an unsafe condition is found, the Municipal Engineer shall serve on the owner, agent or person in control of the crane, a written notice that describes the condition being unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition. Such notice shall require the person thus notified to declare immediately to the Municipal Engineer exceptions or rejection of the terms of the order.
d. 
Such order shall be deemed properly served if a copy is delivered to the owner personally, sent electronically or sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested, or by e-mail. If a certified or registered letter is returned showing that the letter has not been delivered, a copy shall be posted in a conspicuous place in or on the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the crane shall constitute service of notice upon the owner.
e. 
The equipment determined to be unsafe by the Municipal Engineer may be restored to a safe condition. To the extent that repairs, alterations or additions are made during restoration of such equipment, such repairs, alterations or additions shall comply with all applicable codes.
Any person who refuses or neglects to comply with the requirements of an order to abate an unsafe condition shall be subject to a fine or imprisonment.
[Ord. No. 2017-23 § 9]
a. 
Any person who operates a crane without meeting the requirements of this ordinance or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $1,000 and no more than $10,000 for each violation. Each day of illegal operation shall constitute a separate and distinct offense.
b. 
Any person or company who employs an unlicensed person as a crane operator or who permits or directs an unlicensed person to operate a crane shall be subject to a fine of not less than $2000 nor more than $20,000 for each violation. Each day of illegal operation shall constitute a separate and distinct offense.
[Added 4-4-2018 by Ord. No. 18-07]
For the purposes of this section, the following words and phrases shall have the meanings indicated:
MASSAGE
The administration by any person or method of exerting or applying pressure, friction, moisture, heat or cold to the human body, or the rubbing, kneading, pounding, or tapping of the human body by any physical or mechanical means for any form of consideration.
MASSAGE ESTABLISHMENT
Any establishment or operation wherein a massage is administered or is permitted to be administered, when such massage is administered for any form of consideration.
MASSAGE THERAPIST
Any person, male or female, who administers a massage for any form of consideration.
No person, firm or corporation shall apply for a license or operate any establishment or utilize any premises within the Borough of Woodland Park as or for a massage establishment unless or until there first has been obtained a certificate of occupancy from the Construction Code Officer of the Borough of Woodland Park in accordance with the Zoning Ordinance of the Borough of Woodland Park.[1]
[1]
Editor's Note: See Ch. 22, Zoning.
No person, firm or corporation shall operate any establishments or utilize any premises within the Borough of Woodland Park as or for a massage establishment unless or until there first has been obtained a license for such establishment or premises from the Municipal Clerk of the Borough of Woodland Park in accordance with the terms and provisions of this section.
No person shall render or perform services as a massage therapist or engage in the business of or be employed as a massage therapist unless and until he or she has obtained a massage therapist's license from the Municipal Clerk of the Borough of Woodland Park in accordance with the terms and provisions of this section.
Each and every applicant for a license either for a massage establishment or premises to be used for a massage establishment or for a massage therapist license shall set forth the following information in writing on forms provided by the Municipal Clerk.
a. 
If an individual, the full name, and residence address of the applicant and all former addresses for a period of three years prior to making the application.
b. 
If a corporation, the full corporate name, the date and state of incorporation, address of the place or places or business, the name and address of the registered agent and the name, address and age of any principal owning more than 10% of stock.
c. 
In a partnership, the information required by Subsection A above for each partner and the name under which the business is being conducted.
d. 
The educational and/or business experience of the applicant in the business or occupation for which the license is sought.
e. 
The length of time that the applicant has been engaged in such business or occupation.
f. 
Whether the applicant has ever been convicted of any criminal violation, the date, nature and disposition of such criminal charges, summons, complaint or indictment.
g. 
Name, address and age of every person to be initially employed to conduct the service. This shall be a continuing obligation for licensees to update the list of employees.
h. 
State date upon which Zoning Department has approved the location for the business.
Upon receipt of an application for a license for a massage establishment or a massage therapist, the Municipal Clerk shall refer the application to the Chief of Police, who shall make or cause to be made a thorough investigation, relative to the application and upon completion of his investigation, shall return the application to the Municipal Clerk, with or without approval.
a. 
No person shall give or offer or hold oneself out to offer a massage as a massage therapist within the meaning of this section or employ or engage as an independent contractor any massagist who gives or offers or holds oneself out to offer a massage unless such person shall have satisfactorily completed a course or courses of study in body massage in an approved school of instruction or training within the criteria and guidelines set forth below.
1. 
Said courses shall pertain to anatomy, physiology, hygiene, first aid, exercise, therapy, massage techniques and related aspects of the art of science.
2. 
A course of study in body massage shall constitute 200 hours of study in connection with an approved school.
(a) 
Two hundred hours of such courses shall be accredited instructional hours pertaining to:
(1) 
Classroom or clinical training in therapeutic massage or reflexology techniques.
(2) 
Classroom or clinical instruction or contraindications from massage.
(3) 
Classroom or clinical instructions or laboratory instructions to develop a knowledge of the anatomy and physiology of the systems of the body, with emphasis on the muscular and skeletal systems.
(b) 
The training of each massage therapist shall be reviewed annually and each shall be required to provide proof of compliance with the training section of this section with the Borough of Woodland Park Board of Health.
b. 
Any school or educational institution licensed to do business as a school or educational institution in the state in which it is located and providing requisite training herein provided for shall constitute an approved school.
c. 
Any school recognized or approved by or affiliated with the American Massage and Therapy Association, Inc., or any equivalent professionally recognized and approved school determined acceptable by the Borough of Woodland Park Board of Health, shall constitute an approved school.
d. 
Compliance with this section shall first be determined by the Chief of Police or his designee with the same rights of appeal and hearing to the Municipal Council as elsewhere granted in this section.
e. 
In no event shall any person within the purview of this section act as aforesaid without satisfying the training requirement set forth above.
f. 
Each massage therapist shall have malpractice insurance in an amount of not less than $100,000.
The applicant for a license for a massage establishment or premises shall pay an annual license fee of $300, which license fee shall become due on or before the 1st of July in each year. The applicant for a massage therapist license shall pay an annual fee of $150, which license fee shall become due on or before the first of July in each year.
a. 
The Municipal Council shall approve the issuance of a massage establishment license if all requirements for a massage establishment described in this section are met, unless it is found:
1. 
The operation as proposed by the applicant, if permitted, would not have complied with all applicable laws including, but not limited to, the Building, Health, Housing, Zoning and Fire codes of the Borough of Woodland Park.
2. 
That the applicant and any other person who will be directly engaged in the management and operation of a massage establishment has been convicted of:
(a) 
A felony;
(b) 
An offense involving sexual misconduct; or
(c) 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
3. 
Based on the past criminal record of the applicant, or the principal thereof, or based on other evidence of bad character or morals, it is found that the granting or renewal of the license would tend to encourage or permit criminal or immoral activities within the Borough of Woodland Park.
a. 
Any license issued for a massage establishment may be revoked or suspended by the Municipal Council, after a public hearing before the Municipal Council, where it is found that any of the provisions of this section are violated or where the licensee, including the massage therapist, has been convicted of any offense found in § 8-23.9 and the licensee has actual or constructive knowledge of the violation or conviction or in any case where the owner, operator or any employee refuses to permit any duly authorized police officer or health inspector of the Borough of Woodland Park to inspect the premises or the operations therein.
b. 
The Municipal Council, before revoking or suspending any license, shall give the licenses at least 10 days' written notice of the charges against the licensee and the opportunity for a public hearing before the Municipal Council at which time the licensee may present evidence bearing upon the question.
The provisions of this section shall not apply to massage or physical therapy treatments given:
a. 
In the office of a licensed physician, chiropractor or physical therapist.
b. 
In a regularly established medical center, hospital or sanatorium have a staff which includes licensed physicians, chiropractors and/or physical therapist in the residence of his patient.
c. 
By any physician, licensed chiropractor or physical therapist in the residence of his patients.
A recognizable and legible sign shall be posted at the main entrance to any building used as a massage establishment identifying the premises as a massage establishment, and recognizable and legible signs shall be posted in all exits identifying each such exit. All signs shall be posted in accordance with all existing municipal ordinances.
a. 
All tables, tubs, shower stalls and floors, except reception and administrative areas, shall be made of durable, cleanable and nonporous materials which may readily be sanitized.
b. 
Closed containers shall be provided for linens, towels and waste materials.
a. 
No massage establishment shall begin operations until the building occupied or to be occupied shall have been approved by the Borough of Woodland Park Board of Health, who shall establish procedures for investigation and report pursuant to the regulation of this section.
b. 
An application for a permit to operate a massage establishment shall submit to the Borough of Woodland Park Board of Health plans and specifications of the quarters proposed to be occupied. Such plans shall show details of entrances, partitions, windows, openings, ventilation, plumbing fixtures, water supply and waste and vent connections.
c. 
Each massage establishment shall be equipped with toilet and lavatory facilities for patrons and separate readily available toilet and lavatory facilities for personnel. Each operating area shall be equipped with a hand lavatory.
a. 
All equipment, shower stalls, toilets, lavatories and any other such accoutrements of the establishment shall be regularly treated with disinfectants and shall be maintained in a clean and sanitary conditions at all times.
b. 
Health, plumbing, electric and other inspectors shall be given access to any part of the quarters of a massage establishment for purposes of inspection during all times of operation.
c. 
No person shall practice any of the services of a massage establishment without a certification of good health issued by a duly licensed physician, commensurate with the nature of the services rendered. Such certificate shall be renewed every six months.
d. 
No massage establishment shall knowingly serve any patron infected with any fungus or other skin infections, nor shall service be performed on any patron exhibiting skin inflammation or eruptions, provided that a duly licensed physician may certify that a person may be safely served prescribing the conditions thereof.
e. 
All personnel shall wash their hands in hot running water, using a proper soap disinfectant, before giving any service or treatment to each separate patron. All rest room and workstation hand wash sinks to be stocked with liquid hand soap and paper towels. Dispensers for soap and paper towels shall be wall-mounted. Restroom hand wash sinks must have signs conspicuously displayed with the following language: "Employees must wash hands after using the restroom."
f. 
All towels and tissues and all sheets or other coverings shall be used singularly for each patron and discarded for laundry or disposal immediately after use.
No license shall be issued to manage, conduct or operate the business of a massage establishment in any other than the Regional Commercial District.
Any person who violates any of the provisions of this section shall, upon conviction, be punished by a fine not to exceed $1,250 for each offense or by imprisonment for a term not to exceed 90 days, or a requirement of community service for a period not to exceed 90 days. A separate offense shall be deemed committed on the day on which a violation occurs and each day the violation continues to occur.