Borough of Lake Como, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: See also Subsection 2-43.6 for the additional assessment required for the Tourism Fund. For fees required for Rental Licenses (Certificate of Occupancy) and Summer Rental Licenses, see § 11-2.
[1973 Code § 4-2.1]
It shall be unlawful for any person to engage in any business, trade or calling within the Borough without first obtaining a license from the Borough Clerk.
[1973 Code § 4-2.2]
Any person desiring to obtain a license shall make application therefor to the Borough Clerk upon the form supplied by the Borough Clerk.
[1973 Code § 4-2.3]
The Borough Clerk is hereby authorized to issue any license upon the payment by the applicant of the proper fee and compliance with the regulations prescribed.
[1973 Code § 4-2.4]
Every license shall become effective on July 1 annually and shall be valid for a period of one year. The license shall apply to the person to whom granted and shall not be transferable.
[1973 Code § 4-2.5]
Any person to whom such license is granted shall, when engaging in business within the Borough, be in possession of the license and is also required to keep the license on display at all times.
[1973 Code § 4-2.6; Ord. No. 330 § 1; Ord. No. 85-493 § 1; New; Ord. No. 2005-756]
The license fees for the businesses listed below shall be as follows:
-A-
ATM (Automated Teller Machine):
each $35
Auctioneers - individual auctions, per day or portion thereof:
$115
Auctioneers - seasonal or yearly:
$315
Automatic Machines:
Vending Machines - milk
each $35
Vending Machines - nonalcoholic beverages
each $35
Vending Machines - food
each $35
Vending Machines - ice cubes, not part of business
each $35
Vending Machines candy, gum, nuts, etc.
each $35
Amusement Machines - pinball, etc., coin-operated
each $60
Juke Boxes
each $60
-B-
Bakeries:
each $75
Bakery Trucks, Retail (door to door):
(see Section 4-8)
Barber Shops and Beauty Parlors:
each $75
Bowling Alleys:
each $115
-C-
Circuses and Carnivals:
each day $115
Circus Parades:
each parade $65
Clothing Stores and Dry Goods Stores:
each $75
Confectionery Stores — Combination (fountain service, luncheonette, news, etc.):
each $75
Concrete Plants - ready mix or other:
each $115
Cutlery Grinders:
(see Section 4-8)
-D-
Dairy Stores and Dairies:
each $75
Dairies — wholesale:
each $75
Dance Halls:
each $115
Dancing Schools:
each $75
Drug Stores:
each $75
Dry Cleaning Stores and Plants:
each $75
Dry Cleaning Stores (cleaning done elsewhere):
each $75
-E-
Employment Agencies:
each $5
-F-
Factories or Manufacturing Plants:
each $115
Fruit and Vegetable Stores and Produce Dealers:
each $75
Fruit and Produce - wholesale houses:
each $75
Fuel Dealers:
each $115
Furniture Stores - exclusive of secondhand dealers:
each $5
-G-
Gasoline Stations - three (3) pumps or less
each station $265
additional pumps
each pump $65
Garages, Automotive Sales Rooms and Spaces Accessory Shops and Storage Garages:
each $115
Grocery Stores and Delicatessens — combination (meats, groceries, produce, confectioneries, etc.):
each $75
-H-
Hardware Stores:
each $75
Hawkers, Peddlers, Canvassers, Solicitors, Itinerant Vendors:
(see Section 4-8)
-I-
Ice Cream or Soft Drink Stands or Stores:
each $75
-J-
Jewelry Stores:
each $75
-L-
Locksmiths:
each $75
Laundromats - 25 machines or less
each $115
over 25 machines - each additional machine
$20
Laundry Establishments:
each $75
Lumber Yards - millwork and hardware:
each $75
-M-
Meat Markets and Butchers:
each $75
Milk Trucks:
(see Section 4-8)
Miscellaneous Sales — Seasonal (Decorations, plants, flowers, Christmas trees, toys and any seasonal business not otherwise listed):
each $75
Motels and Hotels - five (5) rooms or less
each $75
over five (5) rooms
each $25
Motion Picture Theaters and Houses:
each $75
-N-
Newspaper Distributors — wholesale:
each $75
Newsstands — periodicals:
each $75
Novelty Shops and Gift Shops:
each $75
-P-
Pawnbrokers:
each $1,015
Pet Stores (including pet supplies, etc.):
each $75
Plumbing Supply Stores:
each $75
Pool and Billiard Halls:
each $1,015
Photographers — itinerant:
(see Section 4-8)
Photographers - with studio:
each $75
Printers - print shops, etc.:
each $75
-R-
Radio and Television and Appliances sales and service:
each $75
Restaurants:
each $75
Rooming Houses and Boarding Houses
a. Rooming houses, boarding houses offering accommodations for ten (10) or more people:
each $75
b. Five (5) rooms or less - for each additional room over five (5):
each $20
-S-
Sandwich Shops and Combinations Thereof:
each $75
Seafood — Wholesale Dealer:
each $75
Seafood — Retail Dealer (store):
each $75
Secondhand Dealers — all types:
each $115
Shoe Repair and Supplies:
each $75
Shoe Store (sales):
each $75
Shooting Galleries:
each $115
Special Sales: Fire, removal, closeout, bankruptcy (30 days maximum):
each day $35
-T-
Tailors, Cleaners and Dyers:
each $75
Taxicabs:
(see Section 4-15)
Truckers:
each $65
-U-
Used Car Lots (new and used car sales):
each $115
-V-
Veteran's License - Peddling Produce
each $1
One day Special Event
each $10
Vehicles Used for Advertising (with printed matter or public address system):
(see Section 4-8)
-W-
Warehouse and Storage Establishments:
each $115
Wholesale Distributors — Miscellaneous:
each $115
All other occupations or businesses not listed hereinbefore:
each: $75
Additional Charge per License:
In addition to the license fee, a $20 processing fee will be charged per license issued.
[Ord. No. 83-372 § 1]
As used in this section:
AUTOMATIC AMUSEMENT DEVICE
shall mean any machine, which upon the insertion of a coin, slug, token plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include video type games or machines, or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment.
DISTRIBUTOR
shall mean any person who supplies any automatic amusement device to another for use in his/her premises, whether under lease or any similar arrangement.
OPERATOR
shall mean any person in whose premises any automatic amusement device is placed or kept for operation.
[Ord. No. 83-372 § 2]
The purpose of this section is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit. The objective of this section is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located, the promotion of gambling, loitering, the creation of any unhealthy atmosphere for the youth of the community or other undesirable effects of such devices.
[Ord. No. 83-372 § 3]
No person shall maintain, operate or possess an automatic amusement device in any store, building or other place where individuals may enter, or in any building or other place wherein any club or organization meetings are held within the Borough unless that person first obtains a license therefor.
[Ord. No. 83-372 § 4]
The Borough Clerk shall supply the form required to apply for a license.
a. 
All completed applications shall be delivered to the Borough Clerk. The applicant shall subscribe and swear to the truth of the application.
b. 
The application shall contain the following:
1. 
Name and address of the applicant.
2. 
Name and location under which the place is being operated.
3. 
Number and type of alcoholic beverage licenses, where applicable.
4. 
Number and type of machines sought to be licensed.
5. 
Location where each automatic amusement game is to be maintained.
6. 
Name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
7. 
Description of each automatic amusement game sought to be licensed including, for each device, the name of the manufacturer, model number and serial number.
8. 
Terms of agreement governing the acquisition and installation of the automatic amusement game.
9. 
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.
10. 
Any other information which the Borough Clerk and/or Police Chief may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.
[Ord. No. 83-372 § 5]
No more than five automatic devices may be located in any one location.
[Ord. No. 83-372 § 6; Ord. No. 2005-756]
The fee for a license to operate an automatic amusement device shall be $65 for each device.
[Ord. No. 83-372 § 7]
a. 
All licenses issued under this section shall be for a term of one year, commencing on January 1 and expiring on December 31 of the year of issuance.
b. 
A license may be transferred from one machine to another by giving notice to the Borough Clerk to that effect and giving a description of the new machine, including manufacturer, model number and serial number. A license may be transferred from one place to another by giving notice to the Borough Clerk to that effect and supplying the required information as to the new premises.
c. 
A license shall be renewed by submitting an application to the Borough Clerk no later than November 1, pursuant to Subsections 4-2.4 and 4-2.6.
[Ord. No. 83-372 § 8]
a. 
No person shall, in his/her place of business, permit gambling in connection with the playing of any mechanical amusement game, or permit playing of a device by persons under the age of 18 years.
b. 
An automatic amusement device may be used or operated only during the hours of operation of the premises in which located, and when the operator or an employee of the operator is present in the premises.
[Ord. No. 83-372 § 9]
The Chief of Police or his/her designee may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Fire Subcode Official may inspect the premises to determine whether the premises complies with existing fire regulations of the Borough. The Chief of Police and the Fire Subcode Official may, upon completion of their inspection, attach to the application their reports in writing. Upon receipt of the application and inspection reports, if any, the Mayor and Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license to the applicant.
[Ord. No. 83-372 § 10]
a. 
Revocation of License. The Mayor and Council may revoke the license at any time if, after hearing, they find:
1. 
Gambling on the premises.
2. 
False or incorrect material on the application or information furnished by the applicant.
3. 
Failure to maintain good and safe conduct on the premises.
4. 
Violation of the Laws of the State of New Jersey, of this or other ordinances of the Borough.
5. 
Playing of games resulting in gambling; the use of obscene and loud language disturbing to the public or to other patrons of the premises, creating of a nuisance, excessive noise, litter, traffic or rowdyism by the patrons.
b. 
Posting and Displaying. An operator's license granted pursuant to this section shall:
1. 
Be posted in a conspicuous place at the location for which the license was granted.
2. 
State the name and address of the license.
3. 
State the manufacturer, model number and serial number for each and every mechanical amusement game for which the license was issued.
[Ord. No. 83-372 § 11]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5. Each day that a violation occurs or is committed shall constitute a separate offense.
[1973 Code § 4-1.1]
As used in this section:
FOODSTUFFS
shall mean and include all food intended for human consumption and all materials intended as a component part of food for human consumption.
PERSONS ENGAGED IN THE BUSINESS OF HANDLING FOODSTUFFS
shall mean and include all persons engaged in the manufacture, preparation, sale or serving of foodstuffs suited or intended for human consumption or distribution for sale.
[1973 Code § 4-1.2]
No person shall work or engage in the business of handling foodstuffs, and no person shall allow or employ a person to work for him/her in the business of handling foodstuffs unless that person first obtains a permit or license to do so issued by the Borough and has previously paid a fee for such license or permit of $5.
[1973 Code § 4-1.3]
Any person desiring to procure such license shall make application to the Borough Clerk on forms to be provided by the Borough and shall furnish the Clerk with a photograph of the full face of the applicant and fingerprints of his/her right thumb and forefinger. Upon receipt of such application, photograph and fingerprints, together with the applicable fee, the Clerk shall furnish the applicant with a permit which shall expire 10 days from the date of issuance. During the effective time of such permit, such applicant shall procure and file with the Clerk a certificate, issued by a physician duly licensed to practice medicine in this State, stating that such applicant is free from any contagious, infectious, pestilent, venereal or communicable disease. Upon the filing of such certificate, the Borough Clerk shall issue a license to the applicant, which license shall expire on July 15 annually. Such permit or license shall be carried by the person to whom issued, and shall be exhibited upon demand to any Police Officer, Health Inspector or other law enforcement official of the Borough.
[1973 Code § 4-1.4]
It shall be unlawful for any person to work or engage in the business of handling foodstuffs unless he/she is possessed of a license or permit which is in effect and has not expired.
[1973 Code § 4-1.5]
The Mayor and Council are hereby authorized to make such rules and regulations governing the issuance of permits and licenses and the keeping of the records thereof as the Mayor and Council shall consider necessary for the proper enforcement of this section.
[1973 Code § 4-1.6]
This section shall not apply to the handling of any foodstuffs which are enclosed, upon receipt of same by the retailer, in cans, jars, sealed wax or cellophane wrappers or other similar containers, provided such foodstuffs are not removed from such receptacles or wrappers while in the custody of the retailer or person offering same for sale.
[1973 Code § 4-1.7]
a. 
No person engaged in the business of handling foodstuffs shall sell or offer for sale, exchange or gift, any unfit, unwholesome or deleterious foodstuffs.
b. 
All persons engaged in or employed in the business of handling foodstuffs shall keep all garbage, trash, offal or decaying animal or vegetable matter in a sealed metal container, properly covered, and shall clean such container at least once each day with disinfectant.
c. 
No person engaged in the business of handling foodstuffs shall display the same for sale except in a container or showcase so constructed that flies, mosquitoes or other insects cannot enter same.
d. 
All persons engaged in the business of handling foodstuffs shall keep the place where such foodstuffs are prepared, sold or served in a clean and sanitary condition, and shall scrub the floors thereof at least once each day with disinfectant.
e. 
Any person engaged in the business of handling foodstuffs shall maintain a toilet and lavatory on the premises, and shall keep such toilet and lavatory in a clean and sanitary condition, and shall clean same and scrub the floors thereof with disinfectant at least once each day. Such toilet shall be provided with toilet paper, soap and individual towels by the person so engaged in such business.
f. 
All persons engaged in the business of handling foodstuffs shall wash their hands thoroughly after using the toilet or urinal.
g. 
All persons engaged in the business of handling foodstuffs or beverages shall clean all chinaware, glassware or silverware immediately after same has been used, by washing same with water heated to a temperature of at least 120°F, and by thereafter rinsing same in clear, cold water.
h. 
All persons engaged in the handling of foodstuffs shall clean any porcelain, enamelware or other place or thing, wherein foodstuffs are displayed for sale, at least once each day by washing same with soap in water heated to a temperature of at least 120°F.
i. 
No person shall work or engage in the business of handling foodstuffs if he/she is afflicted with any contagious, infectious, venereal or communicable disease, and no person shall employ or allow or permit the employment of any person suffering from any such disease.[1]
[1]
Editor's Note: Former § 4-3.8, Hours of Operation, Ord. No. 95-613, as amended, was repealed 7-5-2016 by Ord. No. 2016-914.
[Ord. No. 95-607; Ord. No. 98-652; Ord. No. 2013-885]
Any restaurant which is defined as any business that contains a valid mercantile license for the sale and consumption of food on premises and has a functionally approved kitchen which contains a sprinkler system, hood, and Monmouth County Board of Health Certificate, may serve and allow to be consumed food and beverages outdoors subject to the following conditions:
a. 
The applicant must submit an informal application with a sketch of the outside dining area with the Mayor and Council of the Borough of Lake Como. The application shall indicate the number of tables and chairs to be utilized, a sketch of the outdoor dining area showing location of the tables and chairs, aisles and routes of ingress and egress, clearances between the tables, the property lines and proposed hours of operation.
1. 
Applicants proposing to establish outdoor eating areas or outdoor dining areas must provide an architectural barrier such as floral arrangements, landscaping and/or decorative fencing designed to enclose the eating area and to limit the ability of litter to blow off premises. The Mayor and Council shall also require such architectural barriers to litter in any other locations or situations where the Mayor and Council determine that litter would otherwise be likely to result from the accessory use. All other outdoor dining areas and sidewalk cafe areas shall be delineated by a decorative chain and bollards or other means approved by the Mayor and Council. No permanent fencing or structure are permitted and the designated areas must be moveable.
2. 
Applicants proposing to establish outdoor eating areas, outdoor dining areas or sidewalk cafe areas shall submit to the Mayor and Council a layout of the proposed seating areas which shall include but not be limited to a depiction of all aisles and routes of ingress and egress clearance between tables and between the seating area and curb; the location of all food preparation and service areas; the landscape plan; locations and description of all plumbing, electrical and other equipment and fixtures that will be utilized; and illustration rendering and/or photograph of all proposed furniture, umbrellas, awnings, signage and any other furniture purposes. No picnic style tables are permitted.
3. 
The Mayor and Council shall review each application to ensure that the proposed operation of the outdoor eating area, outdoor dining area or sidewalk cafe area will not interfere with pedestrian or vehicular traffic. A minimum of four feet of unobstructed sidewalk shall remain open at all times, and the Mayor and Council may require a greater width where it deems it to be appropriate to promote pedestrian or vehicular safety or other visual harmony of the neighborhood.
4. 
The Mayor and Council shall require each applicant to submit a litter control plan which shall include, but not be limited to a description of the number and location of trash receptacles for outdoor eating area and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. Failure to abide by an established litter control plan shall constitute a violation of the Mayor and Council approval of which it was made a condition and shall subject the applicant to a fine in an amount not less than $100 per violation.
5. 
Alcoholic beverages may be consumed in an outdoor eating area, outdoor dining area or sidewalk cafe area of an establishment licensed to sell alcohol by patrons seated at tables while dining. No person can consume alcohol unless seated and eating.
6. 
The seating contained in an outdoor eating area, outdoor dining area or sidewalk cafe area shall not be counted in determining any parking space requirement for a retail food establishment or restaurant use.
7. 
Applicants receiving Mayor and Council approval for an outdoor eating area, outdoor dining area or sidewalk cafe area must apply for a permit each year from the Mayor and Council.
b. 
The applicant must possess all necessary licenses and comply with all applicable regulations, codes, statutes and ordinances.
c. 
Food and beverages may be consumed from May 1 through October 1, between the hours of 7:00 a.m. and 10:00 p.m. only, and alcohol may only be consumed at establishments licensed to sell alcohol between 10:00 a.m. and 10:00 p.m. only, all licensed areas shall be free of patrons by 10:00 p.m., all tables, chairs and fencing shall be removed from the sidewalk at 10:00 p.m.
d. 
No music or entertainment shall be allowed or permitted outdoors.
e. 
There shall be no rooftop dining.
f. 
All persons in the outside dining area shall be seated at tables and chairs.
[Ord. No. 95-607; 98-652]
Violations of the provisions of this section shall subject the violator and the establishment, upon conviction, to the penalty established in Chapter I, Section 1-5. Each day of any violation may be deemed and considered to be a separate violation.
[Ord. No. 98-652]
As used in this section:
OUTDOOR DINING AREA
shall mean a designated area on the premises of a retail food establishment or restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.
OUTDOOR EATING AREA
shall mean a designated area on the premises of a retail food establishment but outside the principal building, and where patrons may sit at tables while consuming foods, soft drinks, ice cream and similar confections purchased from the retail food establishment.
SIDEWALK CAFE AREA
shall mean a designated area of the public sidewalk, where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.
[Ord. No. 98-652]
Applicants shall meet all requirements of the Revised General Ordinance applicable to the proposed activity.
[Ord. No. 98-652]
Any restaurants seeking to serve outdoors pursuant to this section must provide the Borough with a Policy of Liability Insurance in an amount acceptable to the Governing Body and the Policy of Liability Insurance must name the Borough of Lake Como as an additional insured on the policy.
[Ord No. 98-652; Ord. No. 2005-756; Ord. No. 2007-800]
Any person making the application shall submit an application fee of $100 for the initial application fee. The renewal fee for the application shall be $100 per year.
[Ord. No. 98-652]
This section shall be limited to Main Street from 16th Avenue to 19th Avenue.
Editor's Note: Former Section 4-6, Stationary Food Carts, previously codified herein and containing portions of Ordinance No. 97-641, was repealed in its entirety by Ordinance No. 2003-722.
[Ord. No. 85-493 § 1]
As used in this section:
VEHICLE
is defined for purposes of this section as anything designed, intended for, or used for the purposes of carrying or storing persons, merchandise, or products or paraphernalia for sale or distribution which is portable, moveable or mobile, and whether motorized, on wheels or not.
[Ord. No. 85-493 § 1; Ord. No. 92-560 § 1; Ord No. 2005-756; Ord. No. 2005-758]
The fees for businesses, services or enterprises not conducted at fixed locations, including but not limited to: advertising bill, circular and sample distributors, each person; advertising and demonstration busses, wagons, or vehicles (sample distributors), each vehicle and person; book and soliciting agents selling books or magazines or periodicals by subscription, each person; canvassers, each person; handbill distributors, each person; itinerant and/or transient hucksters, hawkers, merchants, peddlers, and/or vendors, each person and/or each vehicle; solicitors, each person; shall be charged for each person employed or participating in each business, service or enterprise, a fee as set forth below.
The fees for each license per person and per vehicle use within the Borough are as follows:
a. 
The fee for a one-day license per person and/or per vehicle used within the Borough shall be $120 per day. Any application for a one-day license shall be submitted seven days prior to the event. The completed application and fee shall be submitted along with valid identificaton for a police check. The number of one-day licenses shall be limited to 50 licenses for any event within the Borough,
b. 
For a one-week license: $95.
c. 
For a one-month license: $275.
d. 
For a one-year license: $10 per day.
from the date of application to December 31 of each year. No license requiring a background check on the applicant shall be issued less than 15 days or more than 30 days after a complete application is filed and the fee paid. If a background check takes more than 30 days to complete, the license shall be provisionally issued. Any provisional license may be revoked should the background check deduce sufficient reason to establish probable cause for denial or revocation of the license as provided by Borough ordinance, state or federal law, rules or regulation.
[Ord. No. 85- 493 § 1]
The practice of going in and upon private residences in the Borough by transient merchants, itinerant merchants, itinerant vendors, peddlers, canvassers, solicitors, salesmen or others of like occupation, not having been requested or invited to do so by the owner of the private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise, magazines, services or the like, for the purpose of disposing of or hawking the same, is hereby declared to be a nuisance and is prohibited and punishable as herein provided.
The following restrictions apply to the time and locations and manner in which peddlers, solicitors, hawkers, or itinerant vendors or merchants may display their goods or sell or offer for sale any goods or service.
a. 
No one may display their goods, sell or offer for sale any goods or service in any residential zone before 8:00 a.m. and after 10:00 p.m. prevailing time.
b. 
No one may display their goods, sell or offer for sale any goods or service from any fixed location except on private premises and only in conformance with existing law affecting the use and occupancy of any such premises.
c. 
No one may display their goods, sell or offer for sale any goods or services on Main Street from Sixteenth Avenue to Eighteenth Avenue, and from Main Street to "B" Street on Eighteenth Avenue, or any sidewalk, park, playground or any other public property or any other part of the public right-of-way between the curbline on the public street and the public right-of-way boundary line.
d. 
No one may display their goods, sell or offer for sale any goods or service while on the public street unless the vehicle, pushcart, or device utilized for display, transportation and sale of goods complies with all of the requirements of N.J.S.A. 39:3-64.1, regardless of whether such vehicle, pushcart or device is a motor vehicle or not.
If a vehicle, as defined in subsection 4-8.1 is used, or is not a motor vehicle, or is not licensed or registered by any other government agency, or regulated by any other law, then the Borough license number for the use thereof shall be conspicuously displayed on the vehicle, and if together with a current certificate from the County Board of Health showing that the vehicle, etc., has been inspected and approved for use by the Board of Health.
The fingerprints and a photograph of each person to be licensed, whether self-employed or in the employ of others licensed under this section, the photograph and license number to be on file with the license application and prominently displayed on the hat or outer garment of the licensee.
e. 
No one may stop at any time for the display, sale or offer of sale of goods or service within 50 feet of any intersection, or at any place in the roadway more than 10 feet from the curbline, aside or behind any parked vehicle so as to be double parked, in any such position that the licensee or his/her customers block or impede the flow of pedestrian or vehicular traffic, within 20 feet of a fire hydrant, or within 100 feet of another licensee.
f. 
No one may remain in one place for more than 15 minutes before relocating to a new location at least 200 feet distant from the last location. No one shall operate from any location more than once in any twenty-four-hour period.
g. 
Goods, merchandise, sales and service may not be sold, delivered or distributed to anyone standing or stopping in the public crosswalk, sidewalk or on the street, road or highway.
[Ord. No. 2012-874]
The fee for a one-day license for a vendor for Lake Como Day as sponsored by the Lake Como Tourism Board shall be $50 per vendor. The Lake Como Tourism Board shall establish the policy which limits space for each vendor. This license is only for the area assigned by the Lake Como Tourism Commission and shall not allow distribution or sale of any items outside of the event.
[Added 5-16-2017 by Ord. No. 2017-924]
The following Tourism and/or Activity Committee fees shall constitute the range of fees for the activities specified below:
Event space rental
$35 to $1,000
Table/chair rental
$5 to $20
Decals
$0 to $10
Neon necklaces
$1 to $10
Books
$5 to $25
Advertising
$200 to $1,000
Plants/flowers
$5 to $125
Event admission ticket
$1 to $25
Event entry fee
$1 to $25
Shirts, tank tops
$3 to $45
Sweatshirts
$10 to $75
Jackets
$20 to $100
Hats
$5 to $30
Pony rides/amusement rides
$0 to $10
Magnets
$1 to $10
Flags
$1 to $50
Bags/totes
$5 to $50
Towels
$10 to $50
Patches
$2 to $10
Refreshments
$0 to $10
Holiday ornaments
$10 to $35
Keychains
$1 to $10
Pins
$1 to $10
Cups/mugs
$1 to $35
Composter
$25 to $50
[Ord. No. 9-541 § 1; Ord. No. 99-669]
As used in this section:
DRIVER
shall mean any person who drives a taxicab within the Borough.
OPERATION OF A TAXICAB
shall mean and consist of transporting, for hire, in such taxicab one or more persons. Accepting a passenger to be transported for hire from a point of departure within the Borough to a destination within or without the Borough shall be deemed to be operation of a taxicab within the Borough. Operation of a taxicab by anyone other than the owner shall be deemed operation by the owner as well as operation by the person actually driving the taxi. The transportation of any person other than the owner or driver of any motor vehicle, bearing signs therein or thereon using the words "taxi," "taxicab," "cab," or "hack," shall be prima facie evidence of operation.
OWNER
shall mean any person, corporation or association in whose name title to any taxicab is registered with the New Jersey Motor Vehicle Commission, or who appears in such records to be the conditional vendee or licensee thereof.
SEASONAL LICENSE
shall mean one seasonal taxi license valid from Memorial Day weekend, starting on the Friday before Memorial Day to 12:00 midnight Labor Day. The licensee shall comply with all rules and regulations as contained in this section.
TAXI
shall mean and include an automobile or motor car, commonly called a taxi, engaged in the business of carrying, for hire, passengers which is held out, announced or advertised to operate or run, or which is operated or run, over any of the streets within the Borough and which accepts passengers for transportation from points or places to points or places within or without the Borough.
[Ord. No. 90-541 § 1]
No person shall hire out, keep or use for hire or compensation or cause to be kept or used for hire or compensation, any taxicab the point of origin, base of operation or office of which is located in the Borough, unless both the taxicab and the driver thereof are licensed pursuant to this section.
[Ord. No. 90-541 § 1]
There are hereby established two classes of taxicab licenses in the Borough as follows:
a. 
Taxicab Drivers License. This license shall entitle the person named therein to operate within this Borough any taxicab duly licensed hereunder.
b. 
Taxicab Owner's License. This license shall entitle the taxicab therein described to be operated in this Borough by a driver duly licensed hereunder.
[Ord. No. 90-541 § 1; Ord. No. 2004-737]
a. 
Taxicab Driver's License. There shall be no limit as to the number of Taxicab Driver's Licenses under this section.
b. 
Taxicab Owner's License. The number of Taxicab Owner's Licenses under this section to be issued and outstanding in any one year shall not exceed five. No person shall hold or control more than one Taxicab Owner's License at the same time.
[Ord. No. 90-541 § 1]
Any license issued pursuant to the terms of this section shall expire at 12:00 midnight on December 31 of the year in which it was issued, and shall not be transferable.
[Ord. No. 90-541 § 1]
a. 
Application Form. Each applicant for the issuance or renewal of a license of either class shall supply in full the information requested on application forms adopted by the Mayor and Council and obtained from the Borough Clerk and shall verify the correctness thereof by his/her oath or affirmation. He/she shall file the completed application with the Borough Clerk, together with the fee hereinafter fixed.
b. 
Application for Taxicab Owner's License. Applications for taxicab owner's licenses may be filed with the Borough Clerk at any time, but no taxicab shall be operated in the Borough until licensed annually in accordance with this section.
No vehicle covered by the terms of this section shall be licensed until proof has been presented that the vehicle has been inspected as required under Title 39 of the Statutes of the State of New Jersey.
Each applicant having a Taxicab Owner's License shall, together with his/her application, submit the insurance policy or certificate in lieu thereof, covering the taxicab sought to be licensed as required by N.J.S.A. 48:16.1 et seq., and shall thereafter comply with all provisions of the Statute.
c. 
Applications for Taxicab Driver's License. Applications for Taxicab Driver's Licenses may be made at any time, but no one shall drive or operate a taxicab in the Borough until licensed annually in accordance with this Licensing Regulations section.
[Ord. No. 90-541 § 1]
Each applicant shall:
a. 
Be of the age of 18 years or older.
b. 
Present the certificate of a reputable physician showing that he/she has been examined within 60 days and stating that he/she is of sound physique with good eyesight and not subject to epilepsy, vertigo, heart trouble, or other infirmity of body or mind which might render him/her unfit for the safe operation of a taxicab.
c. 
Has not been convicted of a crime and has not violated any provisions of this section.
d. 
Not be addicted to the use of narcotics or intoxicating liquors.
e. 
Complete an application form provided by the Borough Clerk stating his/her full name, residence, places of residence for the preceding five years, age, height, color of eyes and hair, place of birth, previous employment, whether married or single, whether he/she has ever been convicted of a crime or violation of this section and whether or not his/her driver's license has ever been revoked and, if so, for what cause, which statement shall be signed and sworn to by the applicant and filed with the Borough Clerk as a permanent record. He/she shall also furnish four copies of photographs of a size two inches by two inches, front view.
f. 
He/she shall be fingerprinted and the prints must be placed on file in Police Headquarters.
[Ord. No. 90-541 § 1; Ord. No. 99-669; Ord. No. 2004-737]
a. 
Upon notification by the Borough Clerk of satisfactory fulfillment of the foregoing requirements and regulations, the Mayor and Council shall either grant or deny the application unless they decide to hold the same over for further investigation.
b. 
Each applicant granted a license under this section shall be issued a certificate as evidence thereof in a form approved by the Mayor and Council and signed by the Borough Clerk on behalf of the Mayor and Council.
c. 
Issuance of Seasonal License.
1. 
The application for a seasonal license may be obtained from the Borough Clerk during the month of March during regular business hours at Borough Hall. This period of time may be extended by a resolution of the Mayor and Council.
(a) 
Five seasonal taxi licenses shall be valid from Memorial Day weekend, starting on the Friday before Memorial Day to 12:00 midnight Labor Day. The licensees shall comply with all rules and regulations as contained in Section 4-15.
2. 
The license shall be issued based upon a lottery drawing. The lottery drawing shall be conducted by the Borough Clerk the first business day in April.
3. 
No yearly license holder shall hold a seasonal license nor anyone associated with a license holder company shall hold a seasonal license.
4. 
The seasonal license shall be an active license with a working taxi company. If the seasonal license holder does not provide taxi services during the license period, the Mayor and Council may revoke seasonal license upon notice to the license holder.
5. 
The seasonal license shall be renewed during a thirty-day period starting 60 days prior to the license starting date. If the license is not renewed during that period, there shall be a lottery for the license. This period of time may be extended by a resolution of the Mayor and Council.
[Ord. No. 90-541 § 1; Ord. No. 2004-737]
a. 
The annual fee for each Taxicab Owner's License hereafter issued or any renewal thereof shall be $100 for each year or portion of a year for which the license is issued or renewed.
Editor's Note: See also fee required for Tourism, Subsection 2-43.6.
b. 
The annual fee for each Taxicab Driver's License hereafter issued or any renewal thereof shall be $40 for each year or portion of a year for which the license is issued or renewed.
Editor's Note: See also fee required for Tourism, Subsection 2-43.6.
c. 
No fees shall be prorated nor any part thereof refunded for any reason except that upon the denial of an application for issuance or renewal of a license by the Mayor and Council, 50% of the fee deposited shall be returned to the applicant and 50% shall be retained by the Borough as compensation for investigation of the application.
[Ord. No. 90-541 § 1]
a. 
The certificate issued to a taxicab driver upon granting of his/her license shall have affixed to it one of the four photographs required to be filed with the license application.
b. 
Such certificate shall at all times be prominently displayed and adequately protected in the interior of any taxicab operated by the licensee so that the face thereof shall be at all times in full view and plainly legible to any passenger seated on the rear seat of such taxicab. The certificate shall at all times be and remain the property of the Borough and on direction of the Mayor and Council shall be surrendered at once to the Borough Clerk.
c. 
No taxicab driver's certificate other than that of the licensee actually operating the cab at the time shall be displayed therein.
[Ord. No. 90-541 § 1]
No taxicab shall be operated in this Borough unless and until there is prominently displayed in the interior thereof, within the full view and access of any passengers therein, a complete list of fares, charges or tariff rates charged for transportation of passengers, which fares, charges or tariff rates so displayed, and no other, shall be those charged any passenger so transported.
[Ord. No. 90-541 § 1]
Every licensed taxicab shall have affixed or painted on both sides thereof the words indicating the identity of the company and the company telephone number at least six inches high.
[Ord. No. 90-541 § 1]
An applicant for a Taxicab Owner's License shall file a schedule of his/her rates with the Borough Clerk at the time of filing his/her application for an Owner's License or renewal thereof. Prior to a change in rates he/she shall first file an amended schedule with the Borough Clerk.
[Ord. No. 90-541 § 1]
Every licensed taxicab driver shall record, in writing, the time and place each passenger is accepted and the time and place of discharge of the passenger. Such records shall be kept intact for one year. Such records shall be kept open at all times during the three-year period for inspection by local, state and federal law enforcement agencies.
[Ord. No. 90-541 § 1]
Immediately after the termination of any hiring or employment, every driver of a taxicab must carefully search such taxicab for any property lost or left therein, and such property discovered must be reported in writing to the Police Department with brief particulars and description of such property, within 24 hours after it is found, unless sooner claimed or delivered to the owner.
[Ord. No. 90-541 § 1]
a. 
The Mayor and Council of the Borough may, in their discretion, refuse to issue or renew; or may, after notice and hearing, revoke or suspend any license issued hereunder if the applicant or licensee:
1. 
Has been convicted of a crime in this or any other jurisdiction.
2. 
Has been found guilty of a violation of Title 39, "Motor Vehicles and Traffic Regulations" of the Revised Statutes of the State of New Jersey.
3. 
Violates any provision of this section.
4. 
Has failed or fails to render reasonably prompt, safe and adequate taxicab service.
5. 
Has in any degree contributed to any injury to any person or damage to property, arising out of negligent operation of a motor vehicle.
6. 
Has any communicable or contagious disease, or has developed any physical or mental condition which interferes with his/her ability to operate a motor vehicle in a safe manner.
7. 
Has not complied fully with all requirements of this section.
b. 
Any taxicab owner's license or renewal may be denied, revoked or suspended for any of the following reasons:
1. 
If the motor vehicle licensed or to be licensed, by reason of unsafe or unsanitary conditions, is dangerous to the safety or health of the occupants or others.
2. 
If the policy of insurance required by N.J.S.A. 48:16-3 has once lapsed or such coverage is not maintained at all times.
[Ord. No. 90-541 § 1]
Owners of taxicabs, their agents and employees, and cab drivers engaging in the taxicab business shall render courteous and nondiscriminatory service to the public. They shall answer all telephone calls received by them for transportation service within the limits of the Borough as soon as they can do so, and if such service cannot be rendered within a reasonable time, they shall notify the prospective passenger when the taxicab will be available to serve them.
[Ord. No. 90-541 § 1]
There shall be no cruising prohibition for taxicab operation within the Borough.
[Ord. 90-541 § 1; New; amended 7-5-2016 by Ord. No. 2016-916]
Any person, firm or corporation that shall be convicted of a violation of a provision of this section shall be fined $80 plus cost. Each day that such violation exists shall constitute a separate offense.
[Ord. No. 93-576]
A person or organization desiring to hold any concert, race, walkathon, fair, carnival, festival, celebration, show or other similar event, which event shall qualify under the definition of Special Event as defined below, in or upon any public grounds or private property, park, or road of the Borough of Lake Como, shall first apply for and obtain approval from the Borough Council in accordance with the requirements of this section.
[Ord. No. 93-576]
As used in this section:
SPECIAL EVENT
shall mean any concert, race, walkathon, fair, carnival, festival, celebration, show or other similar event which is likely to require the expenditure of Borough resources in the form of Department of Public Works salaries, wages or other expenses, the closing of a public street, the blocking or restriction of public property or on private property where otherwise prohibited by ordinance. The installation of a stage, bandshell, grandstand or bleachers on public or private property where otherwise prohibited and the placement of portable toilets on public or private property where otherwise prohibited or the placement of any temporary No Parking signs on any public right-of-way.
[Ord. No. 93-576]
a. 
A person or organization seeking issuance of a permit hereunder shall file the application with the Borough Clerk on a form to be provided for that purpose, on which form the applicant shall furnish the following information:
1. 
The name, address and telephone number of the applicant.
2. 
The name, address and telephone number of the person, persons, corporation or association sponsoring the activity.
3. 
A detailed description of the proposed event and a sketch that would show the area or route to be used, along with proposed structures, tents, fences, barricades, signs, banners and restroom facilities, more commonly referred to as a footprint.
4. 
The date(s) and hours for which the permit is desired.
5. 
The location of the event for which the permit is desired, and complete details as to how the applicant intends to provide for security and traffic control.
6. 
The number of contestants, participants, spectators and/or other people that could reasonably be anticipated to attend the event.
7. 
A detailed description of the Borough resources or services that will be required to be provided in connection with the event.
8. 
Any other information which the Borough Clerk shall find reasonably necessary to make a fair determination as to whether a permit should be issued hereunder.
b. 
Upon verification that the application is complete, the Borough Clerk shall refer the application to the Borough Department Heads for a preliminary review in accordance with subsection 4-16.4.
[Ord. No. 93-576]
The Department Heads shall review the applications on the third Tuesday of every month, on or about 1:00 p.m. and shall present to the Mayor and Council their recommendations during the regularly scheduled Mayor and Council meeting. The recommendation shall include an estimate of the total cost involved. Costs are scaled at an hourly rate for a Patrolman and the hourly rate for the Public Works Employee. The number of hours shall be those stated on the application plus any additional hours, which in the judgment of the Department Heads may be required; i.e. use of Street Sweeper, erection and removal of barriers, traffic control, etc.
The Council shall make the final determination by resolution adopted by majority vote, whether to issue a Permit for a Special Event, and shall set forth in the Resolution such conditions and restrictions as may be reasonably necessary to insure that the standards set forth in subsection 4-16.5.
[Ord. No. 93-576]
a. 
The standards for the issuance of a permit pursuant to this section shall include the following findings:
1. 
That the proposed event will not unreasonably interfere with or detract from the general public enjoyment of the public park, or roadway to be utilized.
2. 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
3. 
That the proposed activity or uses that are reasonably anticipated will not be likely to include violence, crime, or disorderly conduct.
4. 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
5. 
A deposit of at least 50% of the estimated costs, or $500, whichever is greater, shall be paid not less than five days before the event. The balance is to be paid within five days after the final invoice is issued. All or part of the required fees may be waived by the Mayor and Council.
[Amended 4-4-2017 by Ord. No. 2017-923
[Ord. No. 93-576; New]
a. 
Liability. A permittee shall be bound by all applicable Borough ordinances, rules and regulations, except as expressly set forth in the Resolution. The person to whom the permit is issued shall be liable for all loss, damage, or injury sustained by any person whatever by reason of the negligence of the person to whom such permit shall have been issued. The permittee shall submit to the Borough Clerk prior to the event evidence of Liability Insurance in an amount required by the Borough Council naming the Borough of Lake Como as an additional insured. The permittee shall be further responsible for all additional costs incurred in the event that as a result of this activity additional resources are needed, such as but not limited to manpower or equipment.
b. 
Revocation. The Mayor or Chief of Police shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
c. 
Offenses. A person commits an offense if he:
1. 
Commences or conducts an event without a permit;
2. 
Fails to comply with any requirements or provisions of an event permit of this section.
d. 
Penalty. A person who violates a provision of this section shall upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 93-576]
To enable the Governing Body of the Borough of Lake Como to have control over the type and scope of events to be held within the confines of the Borough while insuring input by all those facets of the community upon which the Special Event shall have impact.
[Ord. No. 2003-721]
The following words and phrases as used in this section shall have the meanings and definitions indicated:
a. 
Private premises shall mean any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, garage, steps or vestibule belonging or appurtenant to such dwelling, house or other structure.
b. 
Private sale shall mean the sale, barter, exchange or display of any new or used goods, owned by the licensee or consigned to him/her, including but not limited to furniture, sporting goods, fixtures, tools, equipment, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage, conducted upon private premises. Private sales shall include all sales entitled "private sale," "garage sale," "lawn sale," "attic sale," "rummage sale," "tag sale," "private auctions," "estate sales" or "flea market sale," or any 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 said sale.
[Ord. No. 2003-721]
a. 
No garage sale shall be conducted within the Borough of Lake Como except in conformance with the provisions of this section.
b. 
No garage sale shall be conducted within the Borough of Lake Como unless a permit shall have first been issued by the Borough Clerk or Police Department permitting same.
c. 
No garage sale shall be conducted within the Borough of Lake Como except between the hours of 9:00 a.m. and 5:00 p.m. on the day(s) for which a permit is issued. No permit shall be issued for more than three (3) consecutive days.
d. 
The provisions of this section shall not apply to or affect the following persons or sales:
1. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
2. 
Persons acting in accordance with their powers and duties as public officials;
3. 
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement, and which separate items do not exceed five (5) in number.
4. 
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business, wherein such sales would be permitted by the zoning regulations of the Borough, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vender and which sale would be conducted from properly zoned premises and not otherwise prohibited by an ordinance of the Borough.
[Ord. No. 2003-721]
a. 
Upon filing an application with the Borough Clerk or Police Department stating the name of the person(s), firm, group, corporation, association or organization conducting such sale; name of owner(s) or lessee(s) of the property on which the sale is to be conducted; the date and place where the private sale or private auction is to be conducted; the type of merchandise to be sold; and the date upon which the last permit, if any, was issued, either to the applicant or for the same premises covered by the current application, together with the filing fee, the Borough Clerk or the Police Department shall issue a permit authorizing same.
b. 
The filing fee shall be $10.
[Ord. No. 2003-721]
Upon making application to the Borough Clerk or Police Department for such license, the Borough Clerk or Police Department shall thereupon issue said license to the person applying therefor, and such license shall permit the conduct of a garage sale for a period not in excess of three consecutive days.
[Ord. No. 2003-721]
The license issued by the Borough Clerk or Police Department shall be valid for a period of 30 days following the date of its issuance. The sale may be conducted by the applicant at any time within said thirty-day period, subject to the requirement that the sale shall be on consecutive days within said thirty-day period.
[Ord. No. 2003-721]
No garage sale shall be conducted pursuant to the license issued therefor except between the hours of 9:00 a.m. and 5:00 p.m.
[Ord. No. 2003-721]
No person, firm or corporation shall be issued more than two permits within a one-year period; nor shall more than two permits be issued for any one location within a one-year period.
[Ord. No. 2003-721]
a. 
In connection with the conduct of any garage sale, advertising signs shall be permitted only on the premises at which the sale is to be held, or on other private property with the permission of the property owner. Placement of any other sign on public or private property is expressly prohibited.
b. 
The size of any sign permitted by the terms of this section shall not exceed two feet by three feet.
c. 
No sign advertising any garage sale governed by the provisions of this section shall be erected earlier than two days prior to the commencement of such sale and any such sign shall be removed immediately upon the expiration of the permit authorized under subsection 4-17.4.
[Ord. No. 2003-721]
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction, pay a fine in accordance to the penalty stated in § 1-5 of the Borough of Lake Como General Ordinances Code book. Each day that such violation shall continue shall be considered a separate violation.
[Ord. No. 2003-721]
This section shall be enforced by the Police Department. It shall be the duty of the Police Department to investigate any violations of this section coming to its attention, whether by complaints or arising from its own personal knowledge, and if a violation is found to exist, it shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this section.
[Ord. No. 2002-711 § 1]
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
EQUIVALENT NEWSRACK
shall mean any newsrack which is of the same size, dimensions and style of the specified newsrack.
IF DEMAND WARRANTS or WARRANTED DEMAND
shall mean that the measured newspaper stack height needed to meet the newspaper publisher's or distributor's average daily, weekly or monthly peak distribution demand at the requested newsrack location, as proven by the newspaper publisher or distributor, exceeds 28 inches.
NEWSRACKS
shall mean any type of unmanned device for the vending or free distribution of newspapers or new periodicals.
PUBLIC RIGHT-OF-WAY
shall mean any public street, sidewalk, easement, or alley.
[Ord. No. 2002-711 § 2]
The purpose of the following is to promote the public health, safety and welfare through the regulation of placement, type, appearance, servicing, and insuring of newsracks within the Borough of Lake Como and upon public rights-of-way so as to:
a. 
Provide for pedestrian and driving safety and convenience.
b. 
Restrict unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles.
c. 
Provide reasonable access for the use and maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes.
d. 
Relocate and/or replace newsracks which result in a visual blight and/or excessive space allocation on the public rights-of-way which create a public hazard, as well as to have abandoned newsracks removed.
e. 
Maintain and protect the values of surrounding properties.
f. 
Reduce unnecessary exposure of the public to personal injury or property damage.
g. 
Treat all newspapers equally regardless of their size, content, circulation, or frequency of publication.
h. 
Maintain and preserve freedom of the press.
i. 
Cooperate to the maximum with newspaper distributors.
[Ord. No. 2002-711 § 3]
No person shall place, affix, erect, construct or maintain a newsrack without first obtaining a one-time-only certificate of compliance from the Borough for each newsrack in accordance with the provisions of this section.
[Ord. No. 2002-711 § 4]
a. 
Issuing Authority. The issuing authority and coordinator shall be the Code Enforcement Officer and Public Works (the Superintendent). The Superintendent shall be responsible for fairly coordinating and administering the physical placement of newsracks of the type and location herein specified, and upon compliance herewith is responsible for issuing the certificates of compliance with this section and Subsection 4-18.11. The Superintendent shall provide review and approval coordination with the Police Department and Planning and Zoning, as well as review and approval as to compliance with this section.
b. 
Applications. Applicants shall file a written application with the Superintendent and shall pay an annual fee to the Finance Department in an amount sufficient to cover the Borough's costs of administering the provisions of these regulations. The written application shall contain the following information:
1. 
The name, address and telephone number of the applicant who is the owner and/or principal in responsible charge of the newsrack.
2. 
The name, address and telephone number of a responsible person whom the Borough may notify or contact at any time concerning the applicant's newsracks.
3. 
The number of newsracks and proposed location of each shown on a drawing provided by public works as in paragraph d. below.
4. 
Names of newspapers or periodicals to be contained in each newsrack.
5. 
Type or brand of newsracks, including an illustration and description of the newsrack and mount, as per Subsection 4-18.9.
c. 
Procedure. The Superintendent shall:
1. 
Develop a map which is to a large enough scale to show general Borough-wide locations of newsracks by each publisher or distributor.
2. 
Request a list of proposed newsrack locations, marked on the above map, from each distributor.
3. 
Prepare a scale drawing of each newsrack location showing the position and name of each newsrack at that location.
4. 
Confirm that the location of the newsracks are obtained from distributors as complying with this section.
5. 
Confirm location of existing or relocated newsracks with each distributor on the drawings.
6. 
Have the Borough staff, prior to issuance of certificate of compliance, mark (if required) or confirm locations of newsracks so that distributor installation crews can identify the location of new newsracks.
d. 
Issuance of Certificate of Compliance. Upon a finding by the Superintendent that the applicant is in compliance with the provisions of this section and having received the required approvals, the Director shall cause to be issued a certificate of compliance for installation by the newspaper publishing company. Such issuance shall be made within five (5) working days of the Borough's receipt of the completed application.
e. 
Denial of Certificate of Compliance. If a certificate of compliance for some newsrack location applied for shall be denied, the applicant shall be notified within five working days of the Borough's receipt of the completed application. The applicant shall be advised of the specific cause of such denial by the Director, who will suggest alternative locations therefor. The applicant may reapply for substitute alternative locations at no additional certificate of compliance fee.
f. 
Additional Certificate of Compliance. If at any time after initial application for an installation certificate of compliance a publisher wishes to install additional newsracks, then paragraphs c, d and e above are to be repeated in accordance with the provisions of this section. Additional certificate of compliance fees shall be in accordance with Subsection 4-18.5 except that the $50 publisher's fee is waived if previously paid.
[Ord. No. 2002-711 § 5]
a. 
Prior to the issuance of a certificate of compliance by the Superintendent, the applicant shall furnish to the Superintendent a certificate of Comprehensive General Liability insurance in the minimum amount of $1,000,000. The Borough of Lake Como shall be included as an additional insured.
b. 
Reasonable evidence of equivalent self-insurance coverage may be substituted by the applicant for the above certificate of insurance. Insurance under this section shall run continuously with the presence of the applicant's newsrack in Borough rights-of-way, and any termination or lapse of such insurance shall be a violation of this section.
[Ord. No. 2002-711 § 6]
There shall be an annual certificate of compliance fee in the amount of $50 for each newspaper publisher plus $10 per newsrack. Failed inspections are subject to a reinspection fee of $5. All of the above fees will be used to defray administrative expenses relating to this section only.
[Ord. No. 2002-711 § 7]
Any applicant who has been denied a certificate of compliance pursuant to the provisions of this section may file an appeal with the Borough Council by requesting in writing to the Borough Administrator appearance before the Council to review such denial. The appeal shall be heard by the Council within 30 days of the filing of the appeal unless the applicant agrees to a hearing more than 30 days from the denial. The decision of the Council on appeal is subject to judicial review as provided by the laws of the State.
[Ord. No. 2002-711 § 8]
Subject to the prohibitions set forth in Subsection 4-18.11, newsracks shall be placed parallel to and not less than 18 inches nor more than 24 inches from the edge of the curb. Where no curb exists, newsracks shall be placed a minimum of six feet from edge of pavement or further if a drainage swale exists, so as not to interfere with it. Newsracks placed near the wall of a building must be placed parallel to and not more than six inches from the wall.
[Ord. No. 2002-711 § 9]
a. 
Newsracks shall be single SHO-RACK TK-80 box or curbside units or equivalent. Provided, however, modular newsracks are permitted within the Borough of Lake Como right-of-way.
b. 
Newsracks shall be dark green (Verdi Green or Signal Green-Porter Paint formula 1Y23C, 1Y13, 1Y85, 3V). The height of the cabinet top of all newsracks shall be 39 inches above the finished grade level.
c. 
Newsracks shall carry no advertising, but may contain information referring to subject matter in the newsrack and display the name, with lettering and background of any colors, of the newspaper being dispensed, in spaces in the location and sizes set forth below.
1. 
On the front of the newsrack, the lettering size shall not exceed 1 3/4 inches in height. The lettering shall be placed within a band space not exceeding 2 1/2 inches in height above the door hinge.
2. 
On the sides and back of the newsrack, the lettering size shall not exceed 2 1/2 inches in height. The lettering shall be placed within a band space not exceeding 4 1/2 inches in height and beginning one inch from the top of the newsrack.
d. 
Newsracks for free newspapers may omit the coin box and may have the full bar welded to the door to produce an "honor rack."
e. 
Newsracks shall be maintained in good working order at all times, freshly painted and with unbroken hoods. The area within a minimum of 24 inches around the newsrack shall be maintained free of litter and grass trimmed.
f. 
All newsracks shall be installed in a safe and secure manner by weighting of the newsrack or bolting the newsrack to an independent concrete base. The total weight of the single newsrack and any weighting device shall not be less than 125 pounds.
[Ord. No. 2002-711 § 10]
A newsrack or newsracks shall not be located within 1/4 mile of one another.
[Ord. No. 2002-711 § 11]
a. 
No newsrack shall be placed, installed, used or maintained.
1. 
Within five feet of any marked crosswalk.
2. 
Within 10 feet of any unmarked crosswalk.
3. 
Within 10 feet of any fire hydrant, fire call box, police call box or other emergency facility.
4. 
Within five feet of any driveway.
5. 
Within five feet ahead of, and 15 feet to the rear of any sign marking a designated bus stop, measured along the edge of pavement.
6. 
Within two feet of any bus bench.
7. 
At any location whereby the clear space for passageway of pedestrians is reduced to less than six feet.
8. 
Where a vertically protruding member of the newsrack is on or within 12 inches of any area improved with lawn or hedges or within three feet of flowers or trees.
9. 
Within three feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window display purpose, or within five feet of a building entrance.
10. 
On or within two feet of signs, street lights or utility poles.
11. 
Where a newsrack location interferes with driver or pedestrian sight distances, as defined by Borough, County and DOT standards.
12. 
Restricts or unreasonably interferes with the safe flow of pedestrian or vehicular traffic.
13. 
Newsracks shall not be located within a 200-foot distance from an identified landmark area.
[Ord. No. 2002-711 § 12]
Within 90 days of the effective date of this section and thereafter, within 30 days, any newsrack which is deemed by the Borough to be in violation of any provision of this section shall be subject to removal and penalty. The alleged violator may contest the alleged violation pursuant to a hearing before the Borough's Code Enforcement Officer. During the pendency of the proceedings, the Borough shall remove the newsrack(s) and shall store same at a facility. Alternatively, the publisher may take possession of its newsrack(s) and store same at its expense. Any violation is subject to a $250 penalty per violation.
[Ord. No. 2002-711 § 13]
a. 
If any newsrack installed pursuant to this section does not contain the publication specified therefor within a period of 72 hours after release of the current issue or if the materials are outdated or the newsrack is deteriorated or damaged, the Code Enforcement Officer may deem the newsrack abandoned and remove said newsrack. The Code Enforcement Officer will provide a five-calendar-day notice of its pending removal by the placement of a red tag on the newsrack indicating the reason for its pending removal. In addition, a newsrack shall be deemed abandoned when no publication is in the newsrack for a period of more than seven consecutive days.
b. 
In the event a newspaper publishing company or its distributor desires to voluntarily abandon a newsrack location, the distributor shall notify the Superintendent, completely remove the newsrack and mount, and restore the public right-of-way to a safe condition, leaving no holes or projections in the mounting surface.