[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:
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:
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;
amended 9-15-2021 by Ord. No. 21-19]
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. Any person or entity violating
this subsection shall, upon conviction thereof, be subject to a minimum
fine of $250 for the first offense, $500 for the second offense and
$1,000 for a third or subsequent offense. An individual employed by
a company or organization violating this subsection shall be issued
a violation in the individual’s name, and a violation shall
also be issued in the company’s organization’s name.
Editor's Note: See also Section 8-3A, No Knock Registry and Regulations.
[Added 9-15-2021 by Ord.
No. 21-19]
The Borough Clerk's Office shall maintain a do-not-knock
registry where, during regular hours, owners and/or occupants may
register their premises to prohibit peddlers or solicitors licensed
pursuant to this chapter from entering upon their premises. The do-not-knock
registry shall include the addresses of such premises and the date
of enlistment on the registry. The premises will remain on the registry
until written notification is received by the Borough Clerk that the
owner and/or occupant wishes to remove the premises from the registry.
[Added 9-15-2021 by Ord.
No. 21-19]
Owners and/or occupants of premises listed on the do-not-knock
registry may purchase, for a nominal fee, a sticker for display at
their premises indicating enlistment on the do-not-knock registry.
[Added 9-15-2021 by Ord.
No. 21-19]
The Borough Clerk shall submit a copy of the do-not-knock registry to the Police of Chief in a timely manner as and when premises are added to the do-not-knock registry. The Chief of Police shall distribute a copy of the then-current registry to persons and entities seeking a license pursuant to subsection 8-3.4.
[Added 9-15-2021 by Ord.
No. 21-19]
No person or entity licensed in accordance with subsection 8-3.9
shall enter upon any premises appearing on the do-not-knock registry
for the purpose of peddling, soliciting or otherwise engaging in any
door-to door commercial activities.
[Added 9-15-2021 by Ord.
No. 21-19]
It shall be unlawful for any person or entity licensed in accordance
with subsection 8-3.9 to enter upon any premises appearing on the
do-not-knock registry. Any person or entity violating this section
shall, upon conviction thereof, be subject to a minimum fine of $250
for the first offense, $500 for the second offense and $1,000 for
a third or subsequent offense. Any individual representative of any
entity violating subsection 8-3A.4 shall be issued a violation in
the individual's name, and a violation shall also be issued in
the name of the entity. In addition, the license of any person or
entity violating subsection 8-3A.4 shall be subject to revocation
and/or ineligibility for renewal for a period of one year.
[1972 Code § 7-4.1]
As used in this section:
shall mean and include patriotic, religious, service, welfare,
benevolent, educational, civil or fraternal corporations, organizations,
associations, societies and the like.
shall mean and include the words alms, food, clothes, money,
subscription or property of any nature or kind.
shall mean any individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league.
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:
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]
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.
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.
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.
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:
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.
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:
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:
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:
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.
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.
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]
[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:
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.
shall mean any person who acquires, stores or collects junk
for commercial purposes within the Borough.
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:
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.
shall mean the premises or portion thereof where a licensed
device is to be operated, used or maintained.
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.
shall mean any individual, firm, corporation, partnership
or entity.
shall mean any building, business, store, restaurant, tavern,
or other place to which the public is invited or may enter.
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:
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.
[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;
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:
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."
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.
shall mean any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
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]
[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:
shall mean a sudden unexpected happening, unforeseen occurrence
or condition establishing a pressing need.
shall mean the record title holder of the real estate upon
which the trailer is to be located.
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:
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.
shall mean any business conducted intermittently within the
Borough of Woodland Park or at varying locations.
shall mean any person under the age of eighteen (18) years.
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:
shall mean the Chief of the Borough of Woodland Park Police
Department or his duly authorized agents.
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.
shall mean an enclosed or unenclosed pedestrian area more
than ten (10) feet in width that is open to the general public.
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.
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.
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.
shall mean the action of continually riding around and through
a designated area for the purpose of protecting persons and property.
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.
shall mean individuals hired to perform security service
who must be bonded and in uniform.
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]
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]
[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]
shall mean one who engages in 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.
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.
shall mean the premises wherein tattooing or body piercing
is performed.
shall mean the Borough of Woodland Park Health Officer or
his/her authorized representative.
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.
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.
shall mean a bacterial treatment of cleaned surfaces by a
process which is effective in reducing the number of microorganisms
to a safe level.
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.
shall mean a bacterial treatment of cleaned surfaces by a
process which is effective in reducing the number of microorganisms
to a safe level.
shall mean one who engages in 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.
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:
The Crane Operators License Advisory Board established pursuant
to N.J.S.A. 45:26-3.
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.
The Commissioner of Labor.
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."
An individual engaged in the operation of a crane.
Operating, inspecting, training and maintenance experience
acceptable to the Board.
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:
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)
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:
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.
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.
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]
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:
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.
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.
[Added 12-15-2021 by Ord.
No. 21-24]
No person or entity shall operate a limousine business or limousine
service with its principal place of business within the Borough without
applying for and obtaining a license for that business or service,
and complying with the terms of N.J.S.A. 48:16-3, et seq. No person
or entity shall operate such a business/service without a current
license in place.
[Added 12-15-2021 by Ord.
No. 21-24]
Any person or entity proposing to operate a limousine business
or service with its principal place of business within the Borough
shall annually apply to the Borough Clerk for a limousine license.
The application and submission shall include but not be limited to
the following requirements and information.
a.
A complete listing, including make, license number and VIN number
of all vehicles to be used in the limousine business/service including
proof of ownership and registration. If the vehicle is leased, a true
copy of the lease must be supplied.
b.
An original policy of insurance providing insurance coverage for
all said vehicles and the limousine business/service, in the form
and amount required under N.J.S.A. 48:16-14.
c.
A complete and detailed description of the place and location where
the limousine business/service shall be operated, the number of employees
working on site, the approximate number of drivers operating vehicles
from the site daily and the approximate hours of their arrival and
departure, the location of where vehicles are serviced and maintained,
and the location where vehicles are parked daily and overnight; include
also any and all supporting evidence or proof that the operation of
a limousine business/service at this location is a legal permitted
use at this location and there is appropriate and available space
for the parking of the vehicles required for the business/service.
d.
The names, residence and business addresses of the owners/principal
operators of the business/service, a certification by the owner/applicant
and the officers and principal operator of the applicant as to whether
each has ever been convicted of any crime or violation of any Federal
or State law, and/or convicted of any moving traffic violations in
the preceding ten (10) years (including the offense and the penalty
assessed), and a consent to the Police Department to conduct a criminal
history/driver's license check of each owner/principal operator.
The applicant shall supply proofs or forms of identity as determined
appropriate by the Borough Clerk or Police Department as to each owner/principal
operator of the business/service.
e.
Payment of the license fee in the maximum amount permitted as per
N.J.S.A. 48:16-17 for each limousine to be licensed. In the event
the license is denied, the Borough may retain the fees, or a portion
thereof, as a nonrefundable application fee.
f.
A copy of the power of attorney wherein the owner appoints the Director
of the Motor Vehicle Commission as his or her true and lawful attorney
for the purpose of receiving and acknowledging service of process.
g.
Proof of incorporation and/or partnership, by a copy of the certificate
and proof of good standing.
h.
Any other information or documentation deemed appropriate or necessary
by the Borough Clerk and/or Police Department to review the application.
[Added 9-1-2021 by Ord.
No. 21-16]
The Borough Clerk will review the application, in consultation
with the Police Department and Zoning Officer, and, upon a determination
that the limousine business/service is at a permitted location and
is qualified, may issue a license showing that the owner of the limousine
has complied with the terms hereof, reciting the name of the insurance
company, the number and dates of the policy, and the description and
registration number of the licensed limousine.
[Added 9-1-2021 by Ord.
No. 21-16]
Every license issued pursuant to this section shall expire at
12:00 midnight of the 31st of January of the year next succeeding
in which it was issued, unless sooner surrendered, suspended, or revoked.
Application for renewals of licenses should be filed by December 31
of the year of issuance.
