[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:
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.
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.
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.
[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:
[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:
shall mean and include all food intended for human consumption
and all materials intended as a component part of food for human consumption.
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:
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.
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.
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:
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:
shall mean any person who drives a taxicab within the Borough.
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.
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.
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.
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.
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:
[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; amended 2-15-2022 by Ord. No. 2022-969]
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.
No person or organization shall hold or conduct a special event
without first obtaining a permit pursuant to this chapter.
[Ord. No. 93-576; amended 2-15-2022 by Ord. No. 2022-969]
As used in this section:
Any 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 or which would likely require additional or
extraordinary services such as police, fire, or medical aid. 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.
Special events include, but are not limited to, any concert, race,
walkathon, fair, carnival, festival, celebration, fun run, show or
other similar event.
[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.
[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.
[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.
[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:
shall mean any newsrack which is of the same size, dimensions
and style of the specified newsrack.
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.
shall mean any type of unmanned device for the vending or
free distribution of newspapers or new periodicals.
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.
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.
