[1969 Code § 61-1; Ord. No. 75-20]
a.
It shall be unlawful for any person to operate any establishment,
regardless of whether it is a public or private facility, as a massage
salon, bath parlor or any similar type business where any physical
contact with the recipient of such service is provided by a person
of the opposite sex.
b.
Exceptions.
1.
Paragraph a shall not apply to a physician, surgeon, chiropractor,
osteopath or physical therapist duly licensed by the State of New
Jersey, or to a licensed nurse acting under the direction of any physician,
surgeon, chiropractor or osteopath.
2.
Paragraph a shall also not apply to barber shops or beauty parlors
in which massage is given to the scalp, face, neck or shoulders.
[1969 Code § 61-2; Ord. No. 82-11; Ord. No. 06-18; Ord. No. 11-05 § 1]
a.
Within all districts throughout the Borough of Elmwood Park, the
following activities, businesses and enterprises are hereby prohibited:
b.
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future; words used in the plural
number include the singular number; and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
1.
REHABILITATION CENTER - shall mean any residential or outpatient
facility providing services for alcohol and illegal drug treatment,
prescription drug abuse, detox and treatment for substance abuse.
2.
DRUG CLINICS - shall mean any residential or outpatient facility
providing drug and alcohol history and assessment services for purposes
of psychiatric evaluation, medication assessment, medication management,
treatment, counseling, therapy, life skills planning, and relapse
prevention, and organized recreation.
3.
DRUG DISTRIBUTION CENTERS - shall mean any residential or outpatient
facility, including but not limited to a methadone treatment program,
which typically administer long-acting synthetic opiate medication
for a sustained period at a dosage sufficient to prevent opiate withdrawal.
4.
HALFWAY HOUSES - shall mean a facility for the housing, rehabilitation,
and training of persons on probation, parole, or early release from
correctional institutions, or other persons found guilty of criminal
offenses.
5.
MASSAGE PARLORS - shall mean an establishment that offers illicit
sexual services under the guise of therapeutic massage.
6.
OBSCENE MATERIAL - shall mean any description, narrative account,
display, or depiction of sexual activity or anatomical area contained
in, or consisting of, a picture or other representation, publication,
sound recording, live performance, or film, which by means of posing,
composition, format or animated sensual details:
(a)
Depicts or describes in a patently offensive way, ultimate sexual
acts, normal or perverted, actual or simulated, masturbation, excretory
functions, or lewd exhibition of the genitals;
(b)
Lacks serious literary, artistic, political, or scientific value,
when taken as a whole; and
(c)
Is a part of a work, which to the average person applying contemporary
community standards, has a dominant theme taken as a whole, which
appeals to the prurient interest.
[1969 Code § 9-19]
It shall be unlawful for any person to allow, permit or suffer
any premises within 500 feet of a church, schoolhouse or public building
to be used for open-air dancing.
[1969 Code § 9-20]
It shall be unlawful for any person to allow, permit or suffer
any premises within 500 feet of a church, schoolhouse or public building
to be used for the projection of open-air motion pictures.
As used in this section:
Shall mean a person who sells goods, the proceeds of which
are devoted exclusively to the purpose of a philanthropic, charitable
or religious society, on whose behalf he acts as agent with or without
pay.
Shall mean a person commonly referred to either as a transient
merchant, itinerant vendor, route salesman, peddler, hawker or other
such person, who goes from place to place by traveling on the streets,
or from house to house, and carries with him foodstuffs, goods, wares
and merchandise for the purpose of selling and delivering them to
consumers, or who, without carrying merchandise, sells or proposes
to sell services of any kind, including but not limited to painting,
landscaping, subscriptions and photography.
Shall mean a person selling the above described articles
or services by sample or taking orders for future delivery, with or
without accepting an advance payment for the goods, and regardless
of whether the solicitation is made by mail, telephone or personal
contact, the provisions of this section shall apply to the person
who comes in personal contact with the buyer through the delivery
of the goods or the acceptance of any moneys in payment therefor.
|
This section shall not affect any person duly licensed by the
Commissioner of Banking and Insurance of the State of New Jersey.
|
[1969 Code §§ 44-22 — 44-23]
a.
It shall be unlawful for any person to sell or dispose of, or to
offer to sell or dispose of, any foodstuffs, goods, wares or merchandise
within the Borough of Elmwood Park, without first obtaining a license
and having paid the license and/or other fees hereinafter prescribed.
b.
The license fees only shall not apply to any person honorably discharged
from the military, naval or marine forces of the United States. Any
person who conducts a sale pursuant to Statute or Court order, to
any person who is an exempt member of a volunteer fire department
as defined by New Jersey Public Law, nor to any person who has an
established local business, nor to any person who is a local resident.
"Local business" shall be defined to mean that there must be within
the Borough of Elmwood Park an establishment which displays and offers
for sale the same products that the solicitor, peddler or hawker is
offering for sale.
[1969 Code § 44-24]
Any person desiring a license shall file with the Chief of Police
an application blank which shall contain the following information:
a.
Name of applicant.
b.
Permanent home residence.
c.
Name and address of firm represented, the names and addresses of
the persons from which goods making up the stock were or are to be
purchased.
d.
Three business references.
e.
The place or places of residence of the applicant for the preceding
three years.
f.
The length of time for which the license is desired.
g.
A description of the wares to be offered for sale.
h.
The number of arrests or convictions against said applicant.
i.
To the application must be appended a letter from the firm for which
he purports to work, authorizing the applicant to act as its representative.
[1969 Code § 44-25]
Following the filing of the application, the Chief of Police
shall verify the information respecting the moral character of the
applicant, by causing his fingerprints to be taken and compared with
those on file with the F.B.I. and the State Bureau of Identification,
and based on his findings, shall either signify his approval or rejection
of the application. Upon approval of the application and payment of
the fees, the license shall be issued by the Police Records and License
Bureau, which shall keep all necessary records pertaining thereto.
For all license classes, the license shall not authorize any person
except the person named in said license to engage in business thereunder.
This license shall not be transferable from the person to whom issued
to any other person. A separate license must be obtained by a licensed
peddler or solicitor for every agent or employee working for him.
[1969 Code § 44-26]
a.
Every person holding a license under this section shall be required
to carry the license with him while engaged in the business licensed.
He must produce the license at the request of any person solicited,
a Police Officer or other official of the Borough of Elmwood Park.
To every person granted a license, the Police Department shall issue
a license certificate bearing the words "Police Department Peddler's
and Solicitor's Permit," together with the number of the license and
the year for which it was issued. All automobiles, wagons, carts or
other vehicles used for peddling shall have affixed thereon a metal
plate bearing the words "Police Department Peddler's and Solicitor's
Permit," together with the number of the license and the year for
which it is issued.
b.
The Chief of Police shall issue with each license a badge about three
inches in diameter, numbered and bearing the name of the Borough,
and "Solicitor" or other similar inscription. Upon the issuing of
the badge, a deposit of $1 shall be collected as security for the
return thereof at the expiration of the license. The licensee to whom
such badge is issued shall wear the same conspicuously upon his person
at all times. A similar badge shall be issued to all peddlers and
non-profit-making vendors, with the proper description of their classification
thereon. All badges shall be consecutively numbered.
[1969 Code § 44-27; Ord. No. 90-17 § 1; Ord. No. 95-4 § 1; Ord. No. 97-8 § 1]
Licenses and processing fee shall be as follows:
a.
A fee of $3 shall be paid for the processing of each license application
and shall apply to each individual who makes application for said
license. The said processing fee shall include the cost of fingerprinting,
the issuance of the license and the license issued therefor.
b.
The license fee for a solicitor shall be $10 annually and the license
fee for a peddler shall be $50 annually with the license being issued
on the first day of each year. No license fee shall be prorated for
any portion of the year.
c.
Non-profit-making peddlers shall not be required to pay a license
fee.
d.
Non-profit-making vendors shall not be required to pay any license
fee.
[1969 Code § 44-28; Ord. No. 2017-09]
All persons to whom a license shall be issued hereunder shall
observe the following regulations, and for any violation thereof,
the license shall be immediately revoked by the Chief of Police.
a.
No person or vehicle shall stand or be parked for the purpose of
displaying or selling wares or merchandise on public or private property
within a business district.
b.
No person covered by this section shall sell or attempt to sell,
in accordance with the terms of this section, before 9:00 a.m. or
after 5:00 p.m., prevailing time. The aforesaid time limitation shall
not apply to persons who are expressly invited into homes by the occupant
thereof.
c.
No person shall hawk or sell wares within a distance of 500 feet
of the nearest public building or commercial establishment.
d.
No vehicle shall be parked upon any public street, at a fixed location,
for the purpose of displaying or selling wares or merchandise.
e.
Display of No Solicitation Signs. All residents of the Borough may
display "No Solicitation" signs in a clearly visible location (e.g.,
front door or window adjacent to the front door) indicating that they
do not want individuals or organizations that are required to register
and obtain a permit under this Chapter (e.g., canvassers, distributors,
solicitors, peddlers, transient merchant or hawkers of any sort) to
approach their homes and/or seek personal contact with the occupants
of the residence displaying a "No Solicitation" sign. By displaying
a "No Solicitation" sign, the resident acknowledges that the Borough
Police, Fire and other Emergency Services groups are exempt from the
requirements of this section. No hawker, peddler or solicitor may
attempt to contact any person who resides in a location which displays
a "No Solicitation" sign.
[1969 Code § 44-29]
A license may be revoked by the Mayor and Borough Council by
reason of the violation of the terms of the license, the violation
of any municipal ordinance, State or Federal Statute, or falsification
in applying for a license. The licensed person shall be granted a
hearing by the Mayor and Council upon his request. A license may be
suspended for not more than two weeks by the Chief of Police without
a hearing. No fees shall be returned for any unexpired period of a
license, whether revoked or not.
[1969 Code § 44-30; New]
[Added 6-20-2019 by Ord.
No. 19-12]
a.
AUTHORIZED CHARITABLE ORGANIZATION
CHARITABLE SOLICITATION PERMIT
DEPARTMENT
HIGHWAY
RIGHT-OF-WAY
ROADWAY SOLICITATION PERMIT
SHOULDER
STATE HIGHWAY
TRAVELED WAY
Definitions. The following words and terms, when used in this section,
shall have the following meanings, unless the context clearly indicates
otherwise:
All local public schools, public school organizations, including
but not limited to the any locally based charitable organization that
hold a 503c tax status from the IRS, the Elmwood Park Volunteer First
Aid Squad and fire companies.
A permit issued by the Department pursuant to N.J.A.C. 16:40-3.1
et seq.
The State Department of Transportation.
The public right-of-way whether open or improved or not,
including all existing factors or improvements.
State highway property and property rights, including easements,
owned and controlled by the Department.
The permit issued by the Borough of Elmwood Park pursuant
to this subsection.
The portion of the roadway that lies between the edge of
the traveled way and curbline, excluding auxiliary lanes.
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the Department.
The portion of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lanes inclusive of center lines.
b.
Authorization.
1.
Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-3.1, authorized charitable
organizations are hereby permitted to solicit contributions in the
right-of-way of a highway located within the Borough of Elmwood Park,
subject to the provisions and restrictions contained in this chapter.
2.
The within authorization is subject to the regulations promulgated
by the Department in consultation with the Division of Highway Traffic
Safety, as set forth in N.J.A.C. 16:40-3.1 et seq.
3.
Under no circumstances may an authorized charitable organization
conduct a roadway charitable solicitation without first having obtained
a permit from the Chief of Police.
c.
Permits.
1.
An authorized charitable organization seeking issuance of a roadway
solicitation permit shall file an application with the Chief of Police
on forms provided by the Chief of Police.
(a)
An application for a roadway solicitation permit shall be filed
with the Chief of Police not less than seven days before the date
upon which it is proposed to conduct such roadway solicitation.
(b)
Contents of roadway solicitation permit. The application for
a roadway solicitation permit shall set forth the following information:
(1)
Name, address and telephone number of the authorized charitable
organization seeking to conduct a roadway charitable solicitation.
(2)
Date and times upon which roadway solicitation is proposed.
(3)
Method of roadway charitable solicitation (i.e., coin toss using
blankets).
(4)
Specific location or locations of proposed roadway charitable
solicitation.
(5)
Contact person for the authorized charitable organization.
(6)
Names of the persons (solicitors) conducting the roadway charitable
solicitations on behalf of the authorized charitable organization
at each proposed location.
(7)
Any additional information which the Chief of Police shall find
reasonably necessary for the fair determination as to whether a permit
should be issued.
2.
If the proposed roadway charitable solicitation is to be conducted
upon any county highway or intersection, the authorized charitable
organization must submit evidence of approval by the Bergen County
Board of Freeholders pursuant to N.J.S.A. 39:4-60.
3.
If the proposed charitable solicitation is to be conducted upon any
state highway or intersection, the authorized charitable organization
must submit evidence of approval in the form of a charitable solicitation
permit received from the Department of Transportation under N.J.A.C.
16:40-3.1 et seq.
(a)
The Chief of Police is hereby authorized to sign the charitable
solicitation permit on behalf of the Borough.
(b)
The Chief of Police has been consulted and shall be responsible
for supervising the solicitation and enforcing the terms of the charitable
solicitation permit.
(c)
The roadway solicitation permit issued by the Borough and the
charitable solicitation permit issued by the Department shall be in
the possession of the solicitor for the authorized charitable organization
during all times of solicitation and be available for inspection by
the state, county and Elmwood Park Police Department and enforcement
personnel.
d.
General Restrictions and Provisions.
1.
Solicitation of contributions is prohibited along traffic circles
or highway segments determined to be inappropriate in the interest
of public safety.
2.
Solicitation is permitted only at signalized intersections or when
the existing traffic control device causes temporary interruption
in the flow of normal traffic, such as at the opening of a movable
bridge.
3.
Borough police may suspend solicitation operations at any time if
any condition of either permit is violated or if, in a police officer's
sole discretion, traffic is being impeded or delayed or the public
safety is at risk.
4.
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
5.
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of a flag person shall be
prohibited.
6.
The authorized charitable organization shall be responsible for cleaning
up any debris from the roadway.
7.
Solicitation shall only be permitted during daylight hours.
8.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol when soliciting. Solicitors
shall not harass the public.
9.
Each person soliciting charitable contributions on behalf of the
authorized charitable organization shall be at least 18 years of age.
e.
Safety Criteria.
1.
All solicitors shall wear safety vests that are in accordance with
Department standards.
2.
Parking of vehicles shall comply with applicable traffic regulations.
Off-site parking is recommended.
3.
Coin tosses using blankets located off the traveled way are the preferred
method of solicitation.
4.
The solicitors shall not install any traffic control devices.
f.
Signage Requirements.
1.
Signs advertising the roadway solicitation are permitted but they
must be of temporary construction and break-away to the extent possible.
2.
Signage shall be a maximum of 16 square feet.
3.
Signage shall be in accordance with the temporary signage standards
contained in the Manual on Uniform Traffic Control Devices.
5.
Signs shall not be permitted in the traveled way or medians less
than eight feet in width.
6.
All signs warning, noticing or advertising solicitations shall be
removed immediately following the solicitation event.
g.
Violations. Any person guilty of violating a provision of this subsection
shall be liable for a fine not to exceed $100 per each day of such
violation.
[Added 8-19-2021 by Ord.
No. 21-13]
The regulations of this section are subject to the enabling
authority of the State of New Jersey and are subject to compliance
with all statutes and/or regulations adopted by the State of New Jersey
or its instrumentalities, including the Cannabis Regulatory Commission.
If any provision of this section is inconsistent with state statutes
and/or regulations, the state statutes and/or regulations shall prevail.
[Added 8-19-2021 by Ord.
No. 21-13]
As used in this section:
Cannabis delivery services are hereby prohibited from operating
anywhere in the Borough of Elmwood Park, except for the delivery of
cannabis items and related supplies by a licensed cannabis delivery
service based and initiated from a cannabis delivery service licensed
location outside of the Borough of Elmwood Park.
A cannabis supplier or cannabis retailer as defined herein.
A State-regulated cannabis retailer that purchases or otherwise
obtains usable cannabis and cannabis items from a cannabis cultivator,
processors, wholesalers, or distributor and sells same to consumers
from a retail establishment. Cannabis retailers may use a cannabis
delivery service or a certified cannabis handler for off-premises
delivery of cannabis products or items related to consumers. Cannabis
Retailer shall possess prior to commencing operations a Class 5 license
for retail sales of Cannabis from the State of New Jersey.
[Amended 3-17-2022 by Ord. No. 22-04]
A State-regulated cannabis cultivator, processor, wholesaler,
or distributor which shall possess, prior to commencing operation,
a Class 1, 2, 3, or 4 permits or permit endorsement issued by the
State of New Jersey that authorizes such establishment to cultivate
process, wholesale, or distribute cannabis.
A license granted subject to a future location to be acquired
upon receipt of a state cannabis license.
[Added 7-21-2022 by Ord. No. 22-19]
A license granted where all the owners of the business must
be current New Jersey residents and must have resided in the State
of New Jersey for the past two years: at least 51% present of the
owners, directors, officers and employees must be residents of the
Borough of Elmwood Park (or at least an adjoining municipality); the
business can have no more than 10 employees; the business operating
space can be no more than 2,500 square feet (and in the case of cultivators,
can have a height of no more than 24 feet); there are limitations
on the monthly volume of cannabis that the business can be involved
in; no owner, director, officer or other person with a financial interest
and decision-making authority in any other cannabis business (whether
that business is a microbusiness or not) is permitted to have any
financial interest in a microbusiness.
[Added 7-21-2022 by Ord. No. 22-19]
[Added 8-19-2021 by Ord.
No. 21-13; amended 3-17-2022 by Ord. No. 22-04; 7-21-2022 by Ord. No. 22-19; 4-20-2023 by Ord. No. 23-08]
a.
Local Licensing Authority.
1.
The Borough "Cannabis and Marijuana Administrative Board" is hereby
designated to act as the local agency to process and administer the
licensing procedure for the Borough for all cannabis establishments.
Upon completion of the review of the applications for licensing, a
written report and recommendation shall be submitted to the Borough
Council, who is and will be considered the licensing authority, as
to the approval or denial of the particular license application. Under
all circumstances in which State law requires communication to the
Borough by the Cannabis Regulatory Commission or any other State agency
with regard to the licensing of cannabis establishments by the State,
or in which State law requires any review or approval by the Borough
of any action taken by the State licensing authority, the exclusive
authority for receiving such communications and granting such approvals
shall be exercised by the Borough Council of the Borough of Elmwood
Park.
2.
Under no circumstances shall a local license for a cannabis establishment
issued by the Borough Council be effective until or unless the State
has issued the requisite permits or licenses to operate such a facility.
It is the intent of this section that no cannabis establishment may
lawfully operate in the Borough of Elmwood Park without the issuance
of a State permit or license and full regulatory oversight of the
cannabis establishment by the Cannabis Regulatory Commission or other
states licensing authority as well as oversight and issuance of a
license by the Borough.
b.
Classification of Licenses. The Borough, subject to land
use approval and state licensure, may issue the following municipal
licenses to operate a cannabis establishment:
Class I: Cannabis supplier license (cultivators,
processors, wholesalers, and distributors) (class 1 to 4 of state
statute).
Class II: Cannabis retailer license.
Class III: Cannabis delivery service license. Cannabis
delivery services are hereby prohibited from operating anywhere in
the Borough of Elmwood Park, except for the delivery of cannabis items
and related supplies by a licensed cannabis delivery service based
and initiated from a cannabis delivery service licensed location outside
of the Borough of Elmwood Park.
Class IV: Conditional license.
Class V: Microbusiness license.
c.
Maximum Number of Licenses. The Borough may issue:
1.
A total
of eight Class I Cannabis Supplier licenses, however,
2.
No more
than three in each of the following Class I categories: Cultivators,
Processors, Wholesalers, and Distributors;
3.
A maximum
of four Class II Cannabis Retailer licenses;
4.
Zero Class
III Cannabis Delivery Service licenses;
5.
Zero Class
III Cannabis Delivery Service licenses; and
6.
Two each
Class IV Conditional licenses and Class V Microbusiness licenses,
7.
Class
III cannabis delivery service is hereby prohibited from operating
anywhere in the Borough of Elmwood Park, except for the delivery of
cannabis items and related supplies by a licensed cannabis delivery
service based and initiated from a cannabis delivery service licensed
location outside of the Borough of Elmwood Park.
|
Licensure in all classes may be, but are not required to be,
held by the same entity or individual, but an entity may not hold
more than one cannabis retailer license. Any license conditionally
issued by the Borough is contingent upon the locally licensed entities
or individual's subsequent recipient of a State permit or license
of the same class or type of regulated cannabis activity.
|
d.
Application. Persons wishing to obtain any classification of cannabis
license shall file a license application with the Cannabis and Marijuana
Administrative Board on a standardized form established by the Cannabis
and Marijuana Administrative Board and approved by the Mayor and Council
and available in the Borough Clerk's office. The Cannabis and Marijuana
Administrative Board shall establish a reasonable application period
and deadline for all applications. Except as specifically provided
below, an application shall be deemed incomplete and shall not be
processed by the Cannabis and Marijuana Administrative Board until
all documents and application fees are submitted. To be deemed complete,
all applications shall be accompanied by the following:
1.
The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the cannabis establishment,
which proof may consist of:
(a)
A deed, a lease, a real estate contract contingent upon successful
licensing, or a binding letter of intent by the owner of the premises
indicating an intent to lease the premises to the entrant contingent
upon successful licensing.
2.
The applicant shall submit an affidavit and documentary proof of
compliance with all state and local laws regarding affirmative action,
anti-discrimination, and fair employment practices. The applicant
shall also certify under oath that they will not and shall not discriminate
based on race, color, religion (creed), gender, gender expression,
age, national origin (ancestry), disability, marital status, sexual
orientation, or military status, in any of its activities or operations.
3.
The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in this Code.
4.
The applicant shall submit to the satisfaction of the Cannabis and
Marijuana Administrative Board proof of financial capability to open
and operate the marijuana establishment for which the applicant is
seeking a license. Standards for proof of financial capability shall
be determined by the Cannabis and Marijuana Administrative Board and
approved by the Borough Council.
5.
The applicant shall submit all required nonrefundable fees for the
application for conditional license in accordance with the following
fee schedule:
[Amended 7-21-2022 by Ord. No. 22-19]
6.
Within 10 business days of the Borough's notification to applicant
of award of conditional municipal license, the applicant shall submit
all annual registration fees required in accordance with the following
fee schedule, which shall be refunded in the event the applicant does
not receive a license from the State of New Jersey Cannabis Regulatory
Commission:
7.
In addition to complying with any State requirement related to good
character and criminal background, any person proposed to have an
ownership interest in the license shall not have had any cannabis
license or permit revoked for a violation affecting public safety
in the State of New Jersey or a subdivision thereof within the preceding
five years.
8.
The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the State and Borough
laws or regulations.
9.
In the event there are multiple applicants for a license, the Administrator
shall evaluate all applicants and issue a notification of award after
consideration and evaluation of the following criteria:
(a)
Applicant's owners' or principals' qualifications and experience
operating in highly regulated industries, including cannabis, healthcare,
pharmaceutical manufacturing, and retail pharmacies, with preference
to experience operating such businesses within the State of New Jersey
and where the value of owners' experience shall outweigh the experience
of non-owner principals (20%, not to exceed 2,500 words);
(b)
Applicant's qualifications and experience related to public
safety and security, including any of the applicant's owners' or principals'
experience in law enforcement and drug enforcement (5%, not to exceed
1,000 words), and a summary of the applicant's plans for storage of
products and currency, physical security, video surveillance, security
personnel, and visitor management (5%, not to exceed 2,500 words);
(c)
Applicant's or its owners' experience conducting or supporting
or plans to conduct institutional review board (IRB) approved research
involving human subjects that are related to medical cannabis or substance
abuse, where the value of past or ongoing clinical research with IRB
approval shall outweigh plans to conduct such research (5%, not to
exceed 2,500 words), whether the applicant has had any assurance accepted
by the U.S. Department of Health & Human Services indicating the
applicant's commitment to complying with 45 CFR Part 46 (5%), and
whether the applicant has a research collaboration or partnership
agreement in effect with an accredited U.S. school of medicine or
osteopathic medicine with experience conducting cannabis-related research
(5%);
(d)
Applicant's or its owners' demonstrated commitment or sufficient
experience as responsible employers, defined as the applicant entity
being a party to a labor peace agreement or the applicant entity or
its parent company being a party to a collective bargaining agreement
in the regulated cannabis industry for at least one year prior to
application for a cannabis establishment license, in an effort to
create well-paying jobs with employee benefits in the municipality
(20% in total; five points for labor peace, full 20 points for collective
bargaining agreement in effect for at least one year);
(e)
Summary of the applicant's environmental impact and sustainability
plan (4%, not to exceed 500 words); whether the applicant entity or
its parent company has any recognitions from or registrations with
federal or New Jersey state environmental regulators for innovation
in sustainability (3%), and whether the applicant entity or its parent
company holds any certification under international standards demonstrating
the applicant has an effective environmental management system or
has a designated sustainability officer to conduct internal audits
to assess the effective implementation of an environmental management
system (3%);
(f)
Applicant's ties to the host community, demonstrated by at least
one shareholder's proof of residency in Elmwood Park for five or more
years in the past 10 years or at least one shareholder's continuous
ownership of a business based in Elmwood Park for five or more years
in the past 10 years (5%); and
(g)
Applicant's demonstrated commitment to diversity in its ownership
composition and hiring practices and whether the applicant entity
or its parent company holds any certifications as an NJ minority-owned,
women-owned, or veteran-owned business (20% in total; 10 points for
one certification and 20% for two or more).
10.
Notwithstanding the foregoing competitive application process, a
notification of award and conditional municipal license shall entitle
the recipient applicant to pursue a State permit or license in the
appropriate classification for up to 12 months, which may be extended
in the Borough Council's discretion for an additional six months for
good cause. No license to operate shall issue until the applicant
has received a State permit and satisfied other prerequisites of municipal
licensure. If the recipient of a notice of award and conditional license
has not received a State permit or license within 12 months from issuance,
unless extended for good cause, the Cannabis and Marijuana Administrative
Board shall issue a new request for applications and re-evaluate all
applicants for licensure under the above criteria.
e.
Term of License and License Renewals.
1.
Any local license issued pursuant to this section shall be valid
for a period of three years from the date of issuance and shall be
renewed in accordance with the provisions of this section.
2.
The Borough Council may, at their discretion, adjust the renewal
date of the local license to correlate with an applicant's State licensing
and renewal schedule.
3.
Renewal of any license shall be governed by any code amendments,
additional restrictions, or changes in regulations adopted since the
previous license was issued or renewed.
4.
Transfer of ownership of any local license or change of location
of any license or modification to expand a licensed premise shall
be subject to Borough planning review and zoning approval.
5.
Except where the Cannabis and Marijuana Administrative Board has
received a complete renewal application along with the requisite fees
and has forwarded its report and recommendation to the Borough Council
for action, shall a license renewal be issued. It shall be unlawful
for any person to manufacture, sell, distribute, transfer, transport,
or otherwise remove cannabis or cannabis products from the premises
of any license after the expiration date recorded on the face of the
license.
f.
Disciplinary Actions; Sanctions; Penalties.
1.
Disciplinary Actions. Procedures for investigation of license violations
and suspension, revocation, or other licensing sanctions as a result
of any such violation shall be as follows:
2.
Summary Suspension. Notwithstanding the foregoing section, when the
Cannabis and Marijuana Administrative Board has reasonable grounds
to believe that a licensee has engaged in deliberate and willful violation
of any applicable law or regulation, or that the public health, safety,
and/or general welfare has been jeopardized and requires emergency
action, same shall be reported to the Borough Council with recommendation
for appropriate action and the Borough Council may enter a summary
suspension order for the immediate suspension of such license pending
further investigation.
(a)
The summary suspension order shall be in writing and shall state
the reasons, therefore. The licensee shall be afforded an opportunity
for a hearing as outlined herein.
(b)
The Borough Council shall convene a review panel consisting
of a Council member, a second hearing officer designated by the Mayor,
and the Chief of Police and the Borough Attorney as legal counsel.
The hearing shall be scheduled within 30 days of the date of the order.
(c)
The review panel is authorized to impose any fines, conditions,
restrictions, suspensions, or combination thereof authorized by the
State of New Jersey. In the absence of State specified penalties,
the Borough may issue fines up to, but not to exceed, $2,500 per offense
and/or suspension of license for a period not to exceed six months.
g.
Inactive Licenses.
1.
Following the commencement of retail sales of cannabis or cannabis
products, the Cannabis and Marijuana Administrative Board may recommend
to the Borough Council to suspend or revoke any license if the licensed
premises have been inactive or unoccupied by the licensee for at least
six months.
h.
State License.
1.
The Cannabis and Marijuana Administrative Board may recommend to
the Borough Council that the Borough Council may suspend or revoke
any license if the corresponding State license or permit for the subject
location is expired, surrendered, suspended, or revoked.
i.
Cannabis Tax.
1.
Transfer Tax. Pursuant to section 40 of the Act, N.J.S.A. 40:48I-1a(1),
the following transfer taxes are hereby established on all cannabis
establishments operating within the Township as the maximum amount
as permitted by the laws of the State of New Jersey or the amounts
set forth below, whichever is greater:
(a)
2% on the gross receipts from each sale of all cannabis and
cannabis items by any cannabis cultivator to any other cannabis cultivator;
(b)
2% on the gross receipts from each sale by a cannabis manufacturer;
(c)
1% on the gross receipts from each sale by a cannabis wholesaler;
and
(d)
2% on the gross receipts from each sale of cannabis and/or cannabis
items from any cannabis establishment to another cannabis establishment.
2.
User Tax. Pursuant to section 40 of the Act, N.J.S.A. 40:48I-1a(2),
the following user taxes are hereby established on all concurrent
license holders operating within the Township, which shall be in addition
to any other tax imposed by law as the maximum amount as permitted
by the laws of the State of New Jersey or the amounts set forth below,
whichever is greater:
3.
Medical Cannabis. The above provisions as to the user and transfer
taxation of any cannabis marketplace activities shall not apply to
that portion of any business activities conducted by a concurrent
licensee with respect to medical cannabis cultivation, medical cannabis
manufacturing, medical cannabis processing, medical cannabis distribution
and/or the dispensing of medical cannabis items only. Such user and
transfer taxation amounts for medical cannabis activities shall be
governed by a contractual agreement with the licensed medical cannabis
facility.
4.
Monthly Statement. Each cannabis entity shall send a statement by
mail or electronically to the Borough of Elmwood Park on or before
the last day of each calendar month or such other term as required
by the State. The statement must contain an account of the amount
of cannabis produced, processed, cultivated, and/or sold or transferred
to distributors, retail cannabis stores, and/or cannabis product manufacturing
facilities in the State during the preceding month, setting out:
(a)
The total number of ounces, including fractional ounces sold
or transferred;
(b)
The names and New Jersey address of each buyer and transferee;
(c)
The weight of cannabis sold or transferred to the respective
buyers or transferees; and
(d)
Such other information as may be necessary for the Borough to
determine and verify the tax or fee due to the Borough.
5.
Payment of Taxes. The cannabis facility and/or establishment shall
pay the above referenced taxes on a quarterly basis, or at such term
set by the State, to the Borough of Elmwood Park. Payments of all
user and transfer taxes, shall be computed at the rates prescribed
in this section on the respective total quantities of the cannabis
sold or transferred during the preceding quarter. All user and transfer
taxes shall be paid within 30 days of the preceding quarterly period.
6.
Administration and Enforcement of Tax.
(a)
Failure to make timely payments under this section shall be
subject to the interest rate imposed shall be the same as that imposed
by the Borough for unpaid realty property taxes and shall be collectable
in the same manner as unpaid property taxes.
(b)
In addition to the above, in the event that a cannabis facility
and/or establishment fails to pay the tax to the Borough of Elmwood
Park, the cannabis facility's issued local license shall be subject
to revocation and non-renewal.
[1969 Code § 44-11]
As used in this section:
A license granted subject to a future location to be acquired
upon receipt of a state cannabis license.
[Added 7-21-2022 by Ord. No. 22-19]
Shall mean any goods, wares or merchandise, and particularly
foodstuffs.
A license granted where all the owners of the business must
be current New Jersey residents and must have resided in the State
of New Jersey for the past two years: at least 51% present of the
owners, directors, officers and employees must be residents of the
Borough of Elmwood Park (or at least an adjoining municipality); the
business can have no more than ten 10 employees; the business operating
space can be no more than 2,500 square feet (and in the case of cultivators,
can have a height of no more than 24 feet); there are limitations
on the monthly volume of cannabis that the business can be involved
in; no owner, director, officer or other person with a financial interest
and decision-making authority in any other cannabis business (whether
that business is a microbusiness or not) is permitted to have any
financial interest in a microbusiness.
[Added 7-21-2022 by Ord. No. 22-19]
Shall mean any person, firm, association or corporation.
Shall mean any property of the Board of Education of the
Borough of Elmwood Park, upon which is located a public school.
Shall mean the sale or offering for sale or soliciting trade.
Shall mean any time between 7:00 a.m. and 6:00 p.m., on weekdays,
exclusive of Saturdays, during such days as the school may be in session.
Shall mean any public road, sidewalk or other thoroughfare.
[1969 Code § 44-12]
No person shall sell any goods, either on foot or from a motor
vehicle or other conveyance, on any street, within 500 feet of any
public school property during school hours.
[1969 Code § 44-13; New]
[1969 Code § 44-15]
The Borough Council may appoint, upon application for that purpose,
as many persons as they may think proper to carry on the business
or act in capacity of auctioneers.
[1969 Code § 44-16; Ord. No. 00-20 § 1]
Upon the appointment of any person to act in the capacity of
an auctioneer, the Borough Clerk shall, upon the receipt of $50, issue
a license to such person for that purpose, which license shall expire
one year from its date of issue and be subject to revocation by the
Borough Council.
[1969 Code § 44-17; New]
[1969 Code § 44-32; Ord. No. 81-1]
No person shall engage in the buying or selling of old gold,
silver or other precious metals and/or secondhand jewelry, without
having first obtained a license to do so from the Borough Clerk and
payment of the fee of $100 therefor. The license shall expire on December
31 of each and every year, and shall be renewable on January 1 annually
upon payment of the proper fee. Each and every licensee shall, at
the time of making application upon such forms as may be required
by the Borough Clerk, also be fingerprinted on forms also to be provided
by the Borough Clerk.
[1969 Code § 44-33; Ord. No. 81-1]
Every such person, firm, corporation or other business entity, as provided in Subsection 4-10.1, shall keep a complete record of each article purchased or received with the price paid therefor, together with the name, residence, occupation, age and complete and accurate description of the person from whom the same shall be received. These records, at all times, shall be open to the inspection of any Police Officer of the Borough of Elmwood Park.
[1969 Code § 44-34; Ord. No. 81-1]
Every such person, firm, corporation or other business entity, as provided in Subsection 4-10.1, engaging in the buying, selling or trading of old gold, silver, or other precious metals and/or secondhand jewelry within the Borough of Elmwood Park, shall deliver to the Chief of Police, on or before the fifth day after having received or purchased same, a legible and correct transcript of the records of said transaction together with photographs of said old gold, silver, or other precious metals and/or secondhand jewelry within the Borough, upon forms as shall be prescribed by the Chief of Police.
[1969 Code § 44-35; Ord. No. 81-1]
No such person, as provided in Subsection 4-10.1, shall sell, melt, or change the form of or dispose of any such article bought or received within 15 days after the article shall have been reported to the Chief of Police.
[1969 Code § 44-36; Ord. No. 81-1]
[Added 8-15-2019 by Ord.
No. 19-16]
As used in this chapter, the following terms shall have the
meaning indicated:
Shall mean the owner or any other driver or operator of the
food vending vehicle other than the owner.
Shall include all vehicles and carts from which food and
foodstuffs are offered for retail sale or delivery to buyers, consumers
or other persons on the public sidewalks, streets and highways.
Shall mean a person or business selling or offering for sale
ice cream or frozen dairy products on the streets, alleys or other
public places.
Shall include all vehicles, truck, van, trailer, cart, bicycle
or other movable unit, motorized-wheeled vehicle, towed vehicle designed
and equipped to store, prepare, or serve, and sell food and food items
to consumers or other persons on the public sidewalks, streets and
highways and are offered for retail sale or delivery to buyers, but
which will not include hand-carried portable containers in or on which
food or beverage is transported, stored for personal consumption or
given away at temporary locations.
Shall mean any movable restaurant, truck, van, trailer, cart,
bicycle or other movable unit, including hand-carried portable containers
in or on which food or beverage is transported, stored or prepared
for retail sale or given away at temporary locations. "Mobile retail
food establishments" does not include trucks, vans, trailers, carts,
bicycles or other movable units used solely to deliver food from a
stationary location and vehicles that are in a fixed position and
subject to the restaurant ordinance.
As defined under New Jersey Motor Vehicle Laws, any vehicle
propelled or drawn by mechanical or electrical equipment, such as,
but not limited to, passenger cars, trucks, truck-trailers, semitrailers,
campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious
craft on land, dune buggies or racing vehicles.
Shall mean an individual, partnership, corporation, trust,
joint venture, association, society, church, congregation or other
organization.
No activity, as defined in this chapter, shall be conducted
in the Borough of Elmwood Park except in compliance with the provisions
of this chapter. It shall be unlawful for any person of whatever nature
to conduct the activities defined herein unless he/she has been issued
a license pursuant to this chapter. The number of licenses that may
be issued and in effect during any twelve-month period shall not exceed
four; provided, however, that all four shall be and are hereby reserved
for bona fide residents of the Borough of Elmwood Park as first preference
and any unissued licenses shall be issued to outside residents on
a first-come, first-served basis.
a.
Application for such license shall be made in writing on a form to
be provided by the Borough of Elmwood Park. It shall require that
the applicant and every employee shall provide two photographs taken
within 30 days of the application of a size approximately 2 1/2
inches by 2 1/2 inches on thin paper having a light background
clearly showing a frontal view of the applicant's face and his employee's
face, one of which is to be attached or posted to the application.
b.
Such application for license shall require that the applicant give
the following information concerning himself or itself:
1.
Name.
2.
Specific address for the past five years.
3.
Date and place of birth and citizenship.
4.
Arrests or convictions at any time of any crime, or for disorderly
conduct, or of violations of any municipal ordinance or regulation.
5.
Names and addresses of employers for the last five years and respective
date of employment.
6.
Proposed location or locations for which such license is sought.
7.
Description of all items to be sold.
Each applicant and licensee shall each year, between January
1 and January 31, reapply for the license by personally appearing
at the Borough Health Department to recertify to the information contained
in such person's application. Where an applicant fails to appear and
recertify, such person's name shall be removed from the lists of pending
applications. No new fee shall be collected for a recertification
where the applicant is pending licensure.
Such application shall be made to and licenses issued by the
Borough Clerk of the Borough of Elmwood Park or the Business Administrator
or their designee and only after investigation by the Borough of Elmwood
Park Police Department and any other enforcement agency designated
by the Borough Clerk of the Borough of Elmwood Park or the Business
Administrator or their designee.
a.
Applicants and any additional drivers shall be fingerprinted at their
own expense.
b.
Applicants shall supply their social security number and a certified
motor vehicle abstract.
c.
Applicant shall provide a certified certificate of disposition for
any criminal or quasicriminal matters that an applicant may have.
d.
Each applicant shall present proof that he or she is a citizen of
the United States or a legal resident eligible to hold gainful employment
in the United States.
e.
Both the applicant and any additional driver/operator for a Risk
3 truck must have a valid food handler certificate prior to the issuance
of a license pursuant to this chapter.
f.
A description of the vehicle to be used, if a motor vehicle or vehicular
trailer is to be used, including:
1.
The name and address of the owner of the vehicle as registered with
the Director of the Division of Motor Vehicles;
2.
A description of the vehicle, giving the name of the manufacturer,
serial number and any other insignia appearing thereon;
3.
Proof of liability insurance for the vehicle in the amount of $100,000
or greater.
a.
Each license issued by the Borough Clerk of the Borough of Elmwood
Park or the Business Administrator or their designee shall set forth
the specific food and beverage authorized to be sold, the location
or locations for the same, the name of each employee or agent and
the expiration date of the license.
b.
No person shall engage in any activity, except those permitted under
the license and at the locations specified therein. Upon granting
of the license hereinabove mentioned, each licensee shall be required
to prominently display said license on the vehicle employed to transact
his business, in addition to a sign, in letters of at least two inches
in length, printed clearly and distinctly with the name of the licensee.
c.
No license may be transferred from one person or entity to another,
and each person or entity must be licensed individually and separately.
a.
No licensee shall:
1.
Engage in a business before 8:00 a.m. or after 6:00 p.m. Monday through
Saturday only.
2.
Transact business from its vehicle unless it is properly parked immediately
adjacent to the curb of a public street in an area where and when
parking is permitted. Furthermore, no licensee shall, at any time,
double park its vehicle while transacting business, nor transact business
other than on the curbside of its vehicle; nor shall any licensee
conduct its activity so as to interfere with pedestrians or vehicular
traffic. However, the licensee shall be permitted to park the vehicle
on private property as long as the property is located in a permitted
business, commercial or industrial zone so long that it will not violate
any other restrictive area contained in this ordinance.
3.
Conduct its activity along any public street or adjoining private
property of any street within 1,000 feet of any school during the
hours school is in session.
4.
Conduct its activity on Sunday within 1,000 feet of any house of
worship.
5.
Conduct its activity on a county road without securing permission
from the County of Bergen.
b.
The granting of this license by the Borough of Elmwood Park does
not relieve a licensee from obtaining a requisite certificate of occupancy
where the Borough of Elmwood Park Zoning Officer and Construction
Code Official determine that the same is necessary.
c.
No licensee shall stop his or her vehicle for operation or conduct
its activity as a mobile food handler within 1,000 feet from the front
entrance door of a business or businesses for which a valid, current
certificate of occupancy has been issued authorizing the sale of food
or authorizing the operation of a restaurant. Soliciting at temporary
construction sites shall be exempt from the limitations set forth
in this section.
a.
No licensee shall park a vehicle overnight on any location within
the Borough of Elmwood Park. If the licensee parks a vehicle overnight
on private property for the purpose of continuing the business each
day at the same location, then such licensee shall comply with all
regulations, rules, statutes and ordinances pertaining to permanent
retail food establishments.
b.
No licensee shall have a permanent location within or upon a public
road or right-of-way by reason of prior use.
Every licensee shall be subject to the supervision of the Borough
of Elmwood Park and its designated agencies in all provisions of this
chapter, as well as the rules and regulations promulgated hereby,
and all orders and regulations promulgated by the Borough shall be
enforced by such person or persons as the Borough, by resolution or
ordinance, may designate from time to time or who, by New Jersey statute,
may have the duty to so regulate.
The following are exempt from the license fees, but must apply
for a license:
a.
Churches, religious congregations, charitable and eleemosynary entities
who present evidence that they are a bona fide nonprofit organization
pursuant to the laws of the State of New Jersey.
b.
A person licensed pursuant to N.J.S.A. 45:24-9 and 45:24-10 (veteran's
license); provided, however, that such person must, in addition to
applying for a license, comply with all aspects of this chapter and
the regulations adopted hereunder.
In addition to requirements herein set forth, the following
regulations must be complied with by all mobile food handlers:
a.
Due to the nature, location and variety of conditions surrounding
the operation of such establishments, it is frequently not possible
to provide certain physical facilities required for permanent establishments.
In order to assure adequate protection of food served by temporary
establishments, mobile establishments and agricultural markets which
are unable to meet fully the requirements of these regulations, it
may be necessary to restrict the types of food sold or the methods
by which served, to modify some requirements for procedures and facilities
and to impose additional requirements.
b.
The preparation of potentially hazardous foods, such as cream-filled
pastries, custards and similar products and meat, poultry and fish
in the form of salads or sandwiches, shall be prohibited, provided
that this prohibition shall not apply to hamburgers, frankfurters
and other food which, prior to service, requires only limited preparation,
such as seasoning and cooking; and provided, however, that potentially
hazardous food which is obtained in individual servings is stored
in approved facilities which maintain such food at safe temperatures,
below 45° F. or above 140° F., and is served directly in the
individual, original container in which it was packaged at a food-processing
establishment, may be distributed or sold.
c.
Ice which will be consumed, or which will come into contact with
food shall be contained from a source meeting standard approved by
law in chipped, crushed or cubed form. Such ice shall be obtained
in single-service, closed, protected containers satisfactory to the
Department or health authority and shall be held therein until used.
d.
Wet storage of packed food and beverages shall be prohibited, provided
that wet storage of pressurized containers of beverages may be permitted
when:
e.
Food contact surfaces of food preparation equipment such as grills,
stoves and worktables shall be protected from contamination by dust,
customers, insects or any other source. Where necessary, effective
shields shall be provided.
f.
Equipment shall be installed in such a manner that the establishment
can be kept clean and food will not become contaminated.
g.
An adequate supply of water for cleaning and handwashing shall be
maintained in the establishment, and auxiliary heating facilities,
capable of producing an ample supply of hot water for such purposes,
shall be provided.
h.
Liquid waste which is not discharged into a sewerage system shall
be disposed of in such a manner as not to create a public health hazard
or nuisance condition.
i.
Adequate facilities shall be provided for employee handwashing. Such
facilities may consist of a pan, water, soap and individual paper
towels. Handwashing facilities shall be provided for employee handwashing
for mobile retail food service establishments where food products
are directly handled and fabricated, but need not be provided for
mobile units serving prepackaged foods, milk, cold sealed beverages
and tea, coffee, hot chocolate or other hot drinks at temperatures
about 140° F.
j.
Floors shall be of tight wood or other cleanable material, provided
that the Department or health authority may accept dirt or gravel-covered
floors, when graded to preclude the accumulation of liquids and covered
with removable, cleanable, wooden platforms or duckboards.
k.
Walls and ceilings shall be so constructed as to minimize the entrance
of flies and dust. Temporary construction may be accepted. Ceilings
may be of wood, canvas or other materials which protect the interior
of the establishment from the elements, and walls may be of such materials
or of sixteen-mesh screening or equivalent. When flies are prevalent,
counter-service openings shall either be equipped with self-closing,
fly-tight doors or the opening shall be so limited that the fans employed
will effectively prevent the entrance of flies.
l.
Any other requirement deemed necessary by the Department or health
authority to protect the public health in view of the particular nature
of the food service operation shall be met.
a.
Any person, firm, corporation, partnership or other entity violating
any provisions of this chapter or any rules and regulations promulgated
by the Borough pursuant hereto shall be punished by one or more of
the following: a fine not exceeding $2,000; imprisonment for a term
not exceeding 90 days; and/or a period of community service not exceeding
90 days, in the discretion of the judge before whom such conviction
shall be heard. Each and every violation and nonconformance with this
chapter on each day that any provision of this chapter shall have
been violated shall be construed as a separate and distinct violation
hereof.
b.
If an unsanitary condition exists or if the Health Officer has reasonable
cause to suspect that any food truck or any employee thereof is or
may be a source of foodborne infection, the Health Officer is authorized
to require the immediate closure of the food establishment until the
unsanitary condition has been eliminated and/or cause the immediate
exclusion of the employee from the food establishment until the employee
no longer poses a threat of foodborne infection.
c.
In addition to the penalties set forth herein, if any person operating a food vending vehicle violates any provisions of this chapter, or the applicable provisions of Title 8, Chapter 24, of the New Jersey State Administrative Code, the vehicle shall be deemed a public safety hazard. Accordingly, in the instance of such violation, the vehicle in question may be impounded (and, in the instance of an unlicensed operator, shall be impounded) by either the Borough of Elmwood Park Police Department or the Borough of Elmwood Park Board of Health with police assistance. In the event that any such vehicle is impounded, the vehicle or truck may be redeemed by the licensed person upon payment of the cost of impounding and the storage charges established by the Borough of Elmwood Park. The said storage charge and cost of impounding shall be the same as are established for the impounding of motor vehicles.
No license issued under this chapter shall be transferable from
one person to another.
The annual fee for the license for food vending vehicles dealing
only with prepackaged (or wrapped) foods, such as but not limited
to soft drinks, snacks, ice cream, excluding soft-serve and scooped,
etc., which are packaged (wrapped), manufactured or processed at an
approved licensed facility (outside of such establishments), shall
be increased annually by resolution, payable to the Borough of Elmwood
Park before the issuance of a license. The Borough shall issue four
licenses per year for licensees authorized to transact business per
this chapter. The fee per license shall be $300 per year.
a.
The license issued shall not authorize any person, except the person
designated therein, to engage in business thereunder. The license
shall not be transferable from person to person. A separate background
investigation shall be conducted for each food handler and every agent
or representative working for the licensee.
b.
Licenses issued under this chapter shall be valid only for the term
of one year beginning on the first day of January in each year and
terminating on December 31 of the year of issuance.
a.
The Borough Clerk of the Borough of Elmwood Park or the Business
Administrator or their designee shall designate approved food distribution
locations throughout the Borough which shall establish the locale
and duration for each approved location.
b.
All licensees shall be required to move their vehicle a distance
of no less than 1,000 feet away for every 30 minutes to another approved
location from their then-current location.
c.
All licensees shall be permitted to locate their vehicles on the
same approved location for one cumulative hour per day.
All products offered for sale must comply with regulations under N.J.A.C. Title 8, Chapter 24.
In addition to the penalty prescribed herein, any license issued
under this chapter may be revoked by the Borough Council for the violation
of any provision hereof upon notice and hearing. A license may be
suspended for a period of two weeks pending hearing. No part of the
license fee shall be returned upon revocation or suspension of the
license.
[1969 Code § 33A-8; Ord. No. 74-8]
As used in this section:
Shall mean any operator or any person employed by him who
handles any food, beverage or ingredient to be dispensed through vending
machines, who comes in contact with food contact surfaces of containers,
equipment, utensils or packaging materials used in connection with
vending machine operation or otherwise services or maintains one or
more machines.
Shall mean any raw, cooked or processed edible substance,
beverage or ingredient used or intended for use, in whole or in part,
for human consumption.
Shall mean any person who by contract; agreement, whether
written, verbal or implied; or ownership furnishes, installs, operates,
services or maintains one or more vending machines.
Shall mean any individual, partnership, corporation, company,
firm, institution, trustee, association or any public or private entity.
Shall mean any device offered for public use which, upon
insertion of a coin, coins or tokens, or by other means, dispenses
unit servings of food or beverage, either in bulk or in package, without
the necessity of replenishing the device between each vending operation.
[1969 Code § 33A-9; Ord. No. 74-8]
It shall be unlawful for any person, whether as principal or
agent, clerk or employee, either for himself, for any other person,
for any body corporate or as an officer of any corporation, or otherwise,
to engage in the operation of one or more machines or devices offered
for public use which, upon insertion of a coin, coins or token, or
by other means, dispenses unit servings of food or beverages, either
in bulk or package, without the necessity of replenishing the devices
between each vending operation, without first having applied to and
secured a permit from the Borough Clerk in order to permit the Borough
to know the whereabouts of all vending machines dispensing food or
beverages in order to protect the general health, safety and welfare
of the residents of the Borough.
[1969 Code § 33A-10; Ord. No. 74-8; Ord. No. 90-17 § 1; Ord. No. 97-8 § 1; Ord. No. 00-20 § 1]
a.
The fees for permits as required by Subsection 4-13.2 shall be used to defray the cost of the municipality in the administration of this section.
b.
Each vending machine or device which dispenses food and/or beverages
shall pay an annual permit fee of $50 per machine per year.
c.
An applicant, as a condition for the issuance of the aforesaid permit,
shall comply with all permit requirements as set forth in this section.
d.
All permits and licenses issued under the authority of this section
shall expire on the 31st day of December of each year.
e.
All permit fees shall be paid to the Tax Collector.
[1969 Code § 33A-11; Ord. No. 74-8]
a.
Any person desiring to operate one or more vending machines or devices
shall make application therefor in writing to the Borough Clerk, on
forms provided by the Borough Clerk. Such applications shall include
the following information:
1.
The applicant's full name, residence, telephone number and post office
address, and whether such applicant is an individual, firm or corporation.
If a partnership, the names of the partners, together with their address,
shall be included. If a corporation, the names and addresses of the
officers of the corporation and the registered New Jersey agent shall
be included.
2.
The location or proposed location for the vending machine or device.
3.
The identity and form of the product or products to be dispensed
through vending machines and devices and the number of each type vending
machine to be used in this municipality.
4.
The signature of the applicant or its authorized officer.
b.
Upon receipt of an application for such permit, the Borough Clerk,
through the Police Department, shall make such investigation as may
be necessary in order to determine compliance with the provisions
of this Code. A numbered operator's permit shall than be issued, upon
conformity with the provisions of this section.
c.
Permit numbers shall be conspicuously displayed on each vending machine.
d.
Operators shall maintain a current list of all vending machines operated
by them, and their locations within the boundaries of the municipality.
This list shall be made available to the Police Department of the
municipality upon request.
e.
Operators shall obtain approval of the Borough Clerk before any change
in operation involving new types of vending machines or conversion
of existing vending machines to dispense products other than those
for which the permit was issued, or any change of location of existing
machines within the municipality.
[1969 Code § 33A-12; Ord. No. 74-8]
All persons to whom a permit shall be issued hereunder shall
observe the regulations heretofore set forth, and for any violation
thereof, the license shall be immediately revoked by the Chief of
Police.
[1969 Code § 33A-13; Ord. No. 74-8]
A permit may be revoked by the Chief of Police by reason of
the violation of the terms of the permit, the violation of any municipal
ordinance, State or Federal Statute, or falsification in applying
for a permit.
[1969 Code § 33A-14; Ord. No. 74-8]
The Borough Clerk shall keep an accurate record of all permits
issued by him, which record shall be amended and supplemented monthly,
in order to establish an accurate record of the vending machines or
devices dispensing food and/or beverages in the municipality, and
shall forward a monthly report to the Mayor and Borough Council of
all changes, deletions and additions which have occurred in the prior
month.
[1969 Code § 33A-15; Ord. No. 74-8]
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the State or Federal government.
[1969 Code § 33A-16; New]
[1969 Code § 9-10]
As used in this section:
Shall mean and be construed to import both the plural and
the singular, as the case may demand, and shall include corporations,
companies, societies and associations, as well as individuals. When
construing and enforcing any provision of this section, the act, omission
or failure of any officer, agent or other person acting for or employed
by any individual, corporation, company, society or association, within
the scope of his agency, employment or office, shall in every case
be deemed to be the act, omission or failure of such individual, corporation,
society or association, as well as that of the person.
[1969 Code § 9-9; Ord. No. 83-5]
This section is enacted for the purpose of raising of revenue
and for the regulation and control of amusement games, devices and
machines, and to cover the cost of administration and periodic inspections
of amusement games, machines or devices, whether coin-operated or
not, of the type commonly known and described as baseball, ballyhoo,
pin amusement or any other device or machine which is operated by
means of the insertion of a coin, token, or similar object for the
purpose of amusement or skill and for the playing of which a fee is
charged. It shall include devices such as pinball machines or any
device which utilizes a video tube to reproduce symbolic figures and
lines intended to be representative of real games or activities. "Coin-operated
amusement device" does not include vending machines in which are not
incorporated gaming or amusement features, nor does the term include
any coin-operated mechanical musical device or the like.
[1969 Code § 9-1; Ord. No. 78-2; Ord. No. 87-2 § 2; Ord. No. 97-8; New]
It shall be unlawful for any person, excepting corporations
organized under Title 15 of the New Jersey Statutes, to install, operate,
maintain or exhibit, in any public or quasi-public place or in any
building, store or other place wherein the public is invited or wherein
the public may enter or in any club room, any amusement game, device
or machine, whether coin-operated or not, of the type commonly known
as baseball, billiard, electronic pinball or pin amusement games,
video games, electronic games or similar machines or devices, within
the limits of the Borough of Elmwood Park, unless the owner of the
game, device or machine shall have first obtained a license for that
purpose from the Borough Clerk.
[1969 Code § 9-2; Ord. No. 78-2; Ord. No. 87-2]
All licenses for the installation, operation, maintenance, and
exhibition of said games, devices or machines mentioned aforesaid
shall be issued by the Borough Clerk, to and in the name of the owner
of the machine, for the calendar year, commencing January 1 and expiring
December 31. The license shall be exhibited in a conspicuous place
in the premises wherein such machine shall be installed, operated,
maintained or exhibited. The license fee shall be waived to any corporation
organized under Title 15 of the Revised Statutes of the State of New
Jersey upon submission of satisfactory proof to the Borough Clerk
of said corporation's Certificate of Incorporation evidencing the
fact that said corporation has been incorporated under Title 15 of
the Revised Statutes of New Jersey and a statement that said nonprofit
corporation or association is in good standing.
[Ord. No. 87-2 §§ 1,
2; Ord. No. 90-17 § 1; Ord. No. 95-4 § 1; Ord. No. 97-8 § 1; Ord.
No. 00-20 § 1]
No person shall operate a coin-operated amusement device without
first having paid to the Borough of Elmwood Park on an annual basis
the following licensing fees:
|
Per Location
(not more than five machines)
|
Annual Fee
|
|---|---|
|
First Machine
|
$150
|
|
Second Machine
|
$275
|
|
Third Machine
|
$375
|
|
Fourth Machine
|
$450
|
|
Fifth Machine
|
$500
|
These fees shall be due and payable on January 1 of each year.
[1969 Code § 9-3; Ord. No. 78-2]
Any person desiring to install, operate, maintain or exhibit
any of said amusement games shall first make application to the Borough
Clerk for a license, which application shall set forth the name and
address of the applicant, the location of the premises where said
game shall be installed, the kind of contraption to be installed,
and whether or not the applicant has been convicted of a crime or
of any Borough ordinance, and such other information as the Borough
Council shall deem necessary or proper. A separate application shall
be required for each machine. The license fee shall accompany each
application filed, and if the application is denied, the fee shall
be returned.
[1969 Code § 9-4]
Every such license shall apply only to the person to whom granted
and for the premises stated in such application. The license shall
not be restricted to any particular game or machine but shall allow
the licensee to install, operate, maintain or exhibit any amusement
game or machine as provided by this section, provided the licensee
shall, within 24 hours after the replacing of the amusement game or
machine, advise the Chief of Police, in writing, of the change.
[1969 Code § 9-5]
At any time after the granting of said license, the Borough
Council may, in the exercise of its discretion, revoke the same for
any false statement in the application. The license shall be revocable
in the event that the licensee shall be convicted of any crime or
shall be convicted of any violation of this section.
[1969 Code § 9-6]
No person under the age of 18 years shall be permitted to play
or operate any of said games or machines.
[1969 Code § 9-7]
No more than five machines or devices of the type or types herein
mentioned shall be permitted to be used or operated in any one place,
location or premises.
[1969 Code § 9-8]
Any person who shall use or permit to be used any of the machines
or devices licensed hereunder for the purposes of gambling shall be
deemed to be guilty of a violation of this section and punishable
therefor as hereinafter provided.
[1969 Code § 9-11; New]
[1969 Code § 9-14; Ord. No. 78-2]
It shall be unlawful for any person, club or association to
hold a dance or any entertainment at which dancing is a part thereof
for which tickets are sold or an admission charged in any of the halls
of the Borough unless a permit is obtained from the Tax Collector
for such purpose.
[1969 Code § 9-15]
A matron and a marshal of the Borough must be in attendance
at all such dances.
[1969 Code § 9-17; Ord. No. 78-2]
The application for such permit shall be made in writing to
the Tax Collector, accompanied by a fee of $5. Such permit shall designate
the location of such dance hall and the person or persons intending
to conduct same, and shall also state the name of the matron and marshal
appointed by the Police Chief to be in attendance. Such permit issued
by the Tax Collector shall not become effective until it has received
the approval of the Mayor and Borough Council and the Police Chief,
and in case they shall refuse to approve of such permit, the fee so
paid to the Tax Collector shall be returned to the applicant.
[1969 Code § 41-1]
As used is this section:
Shall mean the Board of Health as prescribed by law, or an
authorized representative thereof.
Shall mean a recognized place of business conducted for the
purpose of washing, cleaning, drying and laundering clothes or other
washable materials, or cleaning and drying any such materials, that
may be brought to said establishment or place of business, and wherein
the work is done in machines, coin-operated or otherwise, located
on the premises, by the customers themselves or by or under the supervision
of the owners or operators of said establishment or place of business
for said customers, and shall include a "laundromat," "washomat,"
"dryomat" and similar names and types under which laundering of the
self-service type is carried on, whether conducted as a mobile business
or at a fixed location.
Shall mean an establishment or place of business conducted
for the purpose of cleaning, drying and laundering clothes or other
materials or fabrics that may be brought to said establishment or
place of business, and wherein the work is done in machines, coin-operated
or otherwise, located on the premises, by the customers themselves
or by or under the supervision of the owners or operators of said
establishment or place of business for the customers, and shall include
the use of chemicals, gases or other materials, mixtures or solutions
to effect a cleaning of said fabrics or materials, and shall include
a "cleanomat," "easy clean" and similar names and types under which
dry cleaning of the self-service type is carried on, whether conducted
as a mobile business or at a fixed location.
[1969 Code § 41-2]
It shall be unlawful for any person to operate any launderette
or machine dry-cleaning establishment in the Borough without having
first obtained a license therefor.
[1969 Code § 41-2]
Application therefor shall be filed with the Borough Clerk.
Said application shall include the following information:
a.
The applicant's full name, residence, telephone number and post office
address, and whether such applicant is an individual, firm or corporation.
If a partnership, the names and addresses of partners shall be included.
If a corporation, the names and addresses of the officers of the corporation
shall be included.
b.
The proposed location of the establishment, a floor plan showing
the building outline and location of machines and equipment, and the
estimated daily amount of water which will be used in connection therewith.
c.
The manufacturer of the machine, the trade name and manufacturer's
agent.
d.
The name, address and authorized officer of the person engaged to
install the equipment.
e.
Name or names of maintenance personnel and their telephone numbers.
f.
The signature of the applicant or its authorized officer.
[1969 Code § 41-2]
A separate applicant and license will be required for each such
establishment. Each license shall expire on the 31st day of December
following date of issuance. No license shall be issued unless the
premises comply with the requirements, regulations and provisions
of the Police Department, Fire Department, Building Code, Plumbing,
Health, Sanitation and other ordinances of the Borough, and the issuance
of a license shall not constitute a waiver of any of these requirements.
[1969 Code § 41-2; Ord. No. 90-17 § 1; Ord. No. 97-8 § 1; Ord. No. 00-20 § 1]
The annual license fee, for the full year or any portion thereof,
shall be at the rate of $8 for each washer, dryer or dry-cleaning
machine installed; provided, however, that the minimum fee shall be
$25 and that the maximum fee, regardless of the number of machines,
shall be $125.
[1969 Code § 41-2]
No machines shall be transferred or moved from one place of
business to another unless this change is reported to the Borough
Clerk by the filing of a new application and a fee paid as hereinabove
set forth.
[1969 Code § 41-2]
If there shall be a structural change of any corporation, firm
or partnership operating this establishment, said change of structure
shall be reported to the Borough Clerk within 10 days after the same.
[1969 Code § 41-3]
No machinery used in the operation of such business shall be
operated in such a manner as to cause unnecessary vibration or other
noise, nuisance or any noxious or offensive odors, to the annoyance
of residents in the surrounding neighborhood or to the detriment of
the well-being of neighboring business or other premises.
[1969 Code § 41-4]
No such business shall begin operations before 7:00 a.m. or
continue after 12:00 midnight. No operation need be stopped until
the operation has been completed, but no machine shall be started
for use at or after 12:00 midnight.
[1969 Code § 41-5]
No automatic self-service business of this type shall be permitted
to be open for business unless the area of the premises where the
washing, cleaning, drying or dyeing is done shall be unobscured and
clearly visible from the street to all enforcement agencies and patrolling
police vehicles.
[1969 Code § 41-6]
No diapers or other articles containing body excrement or discharges
shall be permitted to remain around the premises, but shall speedily
as possible be placed for washing in machines so designated for that
purpose, and all such machines so designated shall be appropriately
and conspicuously marked and shall not be used for any other purpose.
[1969 Code § 41-7]
a.
The owner or operator of such launderettes as defined in Subsection 4-17.1 shall be responsible for maintaining good order among the patrons of such establishments and shall have an attendant inspect said premises twice daily, a.m. and p.m., and shall be responsible for any disorder which may be attributable to the lack of a supervising attendant or employees on the premises during hours of operation.
b.
The owner or operator of such premises shall cause to be posted in
a conspicuous place a sign as to the person or persons who may be
contacted in case of any breakdowns or any trouble, by indicating
thereon the name, address and phone numbers of such person or persons.
[1969 Code § 41-8]
a.
Where, in the process of washing, drying, cleaning or dyeing, it
is necessary to use any inflammable, explosive, noxious or poisonous
gas, chemical solution, mixture or material, it shall be necessary
for the owner or operator of such business to have an attendant trained
in the storage, handling and use of the particular inflammable, explosive,
noxious or poisonous substance during all hours when such materials
are in use or available to the public. The owner or operator of such
business shall certify to the Borough Clerk the training and experience
of the proposed attendant or attendants as part of the license application.
Upon issuance of a license, the name of such attendant or attendants
shall remain on file with the Clerk. No new attendants shall be permitted
to operate such business without such a certificate being filed with
the Clerk.
b.
Where such substances are used which may be dangerous to human life,
the owner or operator shall be required:
1.
To post lighted signs to warn the patrons of the danger.
2.
To post first aid instructions and provide first aid equipment in
the event of an accident.
3.
To take every precaution to insure the safety locks on machine doors
will not open while machine is in operation.
4.
To cause sufficient changes of air on the premises to be made through
the use of exhaust or other circulation system, wherever noxious or
poisonous substances, gases or other materials are in use on the premises,
to insure public safety.
5.
Gutters.
(a)
To construct gutters in front and behind machines, which lead
to safety drain tanks of sufficient size and capacity to contain all
cleaning solvent leakage in the event of connection breaks or machine
breakdown.
(b)
To construct gutters in front and behind machines, which lead
to drains or safety drain tanks of sufficient size and capacity to
control and contain the flow or overflow of water in the event of
water leakage from connection breaks or machine breakdown.
6.
To cause inflammable materials or solutions, solvents, chemicals
or other materials of noxious or poisonous nature to be stored in
a manner as will best protect the public, and in accordance with all
rules, regulations and provisions as set forth by or in the Fire Department,
Police Department, Sanitation, Zoning, Building, Plumbing, Health,
Sanitation and other ordinances of the Borough.
7.
To cause all light switches, motor, electrical connections and other
electrical connections to be explosion shielded and grounded.
8.
To properly and plainly mark gas shutoff valves in the street so
that the same can be quickly shut off in case of emergency.
9.
The owner shall be required to carry sufficient fire insurance protection
and shall carry public liability insurance providing liability limits
of at least $25,000 to $50,000. Said insurance shall be in full force
and effect at all times during operation of business.
10.
To cause to be clearly posted and to enforce the following regulation:
No children under the age of 18 years shall operate any machine upon
these premises.
11.
In no event shall such business be operated in any building or upon
any premises in which any part or portion thereof is a dwelling or
residence.
c.
In all establishments regulated by this section, all equipment using
exhaust or other circulation system shall have vents or openings so
located as to prevent the exhaust or deposit of heat, gas, fumes or
any other material upon neighboring properties or to the annoyance
or danger of the community. All such exhaust openings shall be vented
and/or filtered where necessary to prevent the deposit of lint or
other such materials upon neighboring properties or to the annoyance
or danger of the community.
[1969 Code § 41-9]
The entire premises devoted to the operation of such business,
and all machines used in connection therewith, shall be kept in a
clean and sanitary condition. The floors shall be kept clean and dry.
The premises shall be adequately ventilated and provided with sufficient
natural or artificial light. The walls of such premises shall be covered
with nonabsorbent paint, cement or other impervious material. All
plumbing work shall at all times conform with the provisions of the
Plumbing and Building ordinances of the Borough, and shall at all
times be kept in a sanitary condition and state of repair. Said business
shall at all times comply with the ordinances of the Borough, the
Statutes and regulations of the State of New Jersey, and shall be
subject to periodic inspections by the Fire Prevention Board and other
municipal inspectors as hereinabove mentioned.
[1969 Code § 41-10]
a.
Where the Health Authority or any other duly authorized enforcement
agency of the Borough finds that a laundry or launderette, or machine
dry-cleaning establishment, is being operated or maintained in violation
of the provisions of this section or any other ordinance of the Borough
so as to constitute a nuisance, the Health Authority shall notify
the Borough Clerk of said nuisance, and shall also notify the owner
or operator of said premises, or both, to abate the nuisance at the
expense of the owner of the premises or the operator of the establishment.
Such notice shall be in writing and shall specify a time by which
such nuisance shall be abated. If such owner or operator shall not
comply with such notice within the time so specified, the Borough
shall proceed to abate the nuisance at the expense of such owner or
operator, or both, as provided by this section.
b.
Where the Health Authority finds that the continued operations of
such business, while a violation exists, constitutes a distinct and
immediate hazard to public health or safety, the Health Authority
is authorized to prohibit the owner of the premises or the operator
of the establishment, or both, from operating or permitting the operation
of such business until such time as the violation is corrected and
the nuisance abated.
c.
Where a violation shall constitute a distinct and immediate hazard
to public health or safety, of an emergency nature, the Borough shall
immediately proceed to abate such nuisance, without prior notice to
the owner or operator, at the expense of the owner or operator, or
both, as provided for by this section.
[1969 Code § 41-11; New]
Any person violating or failing to comply with any of the provisions of this section, or violating or failing to comply with any rules or regulations set forth for the proper enforcement of this section, shall upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. Each succeeding violation shall be construed to be a new violation.
[1969 Code § 41-12]
a.
In the event that the Borough causes an abatement to a nuisance or violation to be effected under the provisions of Subsection 4-17.5, or has paid for its removal or repair, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by the owner or operator prior thereto, shall be charged to the owner of the property on the next regular tax bill forwarded to the owner by the Borough, and shall be due and payable by such owner at the time of the payment of such bill.
b.
When, in the abatement of such nuisance, it becomes necessary for the Borough to cause any public service, municipal, County, State or other public agency to render service therefor, there shall be in addition to any other charges and costs a $25 service charge for such services rendered by the Borough, which shall be charged to the owner of the property in the same manner as set forth in Subsection a above.
c.
When the full amount due to the Borough is not paid by such owner
within 30 days after the abatement of the nuisance, as provided by
this section, the Health Authority shall cause to be recorded in the
office of the Tax Collector a sworn statement showing the costs and
expenses incurred for the work, the date the work was done and the
location of the property on which said work was done. The recordation
of such sworn statement shall constitute a lien and a privilege on
the property and shall remain in full force and effect for the amount
due in principal and interest, plus costs in court, if any, for collection,
until final payment has been made. Such costs and expenses shall be
collected in the manner fixed by law for the collection of taxes,
and further, shall be subject to a delinquency penalty of 2% in the
event the same is not paid in full on or before the date the tax bill
upon which such charges appear becomes delinquent. Sworn statements,
so recorded, shall be prima facie evidence that all legal formalities
have been complied with and that the work has been done properly and
satisfactorily, and shall be full notice to every person concerned
that the amount of the statement plus interest constitutes a lien
on the property described.
a.
Purpose. The purpose of this section is to provide standards and
regulations in the Borough of Elmwood Park for various types of local
alarms, intrusion, burglar, fire and other emergency alarm devices
whether by direct line, radio, or other means actuating a device at
the police headquarters and requiring response thereto by the Police
Department, Fire Department or other municipal agencies.
b.
Scope. The provisions of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the Police Department, Fire Department, or other municipal agencies to any location in response to any type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing service by private source to other offices within or without the Borough so long as the activity is not connected to the alarm console, except, however, that any person having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with Subsections 4-19.5 and 4-19.7.
[1969 Code § 7-1; Ord. No. 82-21]
[1969 Code § 7-2; Ord. No. 82-21]
As used in this section:
Shall be defined as the console or control panel of devices
giving visual or audio response or both, and located within the confines
of the Police Department of the Borough.
Shall mean any type of alarm system actuating equipment in
the alarm console providing warning of intrusion, fire, smoke, flood
or other peril.
Shall mean any alarm device or combination of devices installed
for one or more buildings at a location other than the alarm console.
Shall be limited to a member of the Police Department of
the Borough.
Shall be that type of device using telephone lines or radio
transmitting of any and all preprogrammed or automatic alarm directly
through the police switchboard, providing warning of intrusion, fire,
smoke, flood or other peril.
Shall mean any alarm actuated by inadvertence, negligence
or unintentional act of someone other than an intruder and shall include
as well alarms caused by malfunctioning of the alarm device or other
relevant equipment, but shall not include alarms created by malfunction
of the alarm console.
Shall mean the person obtaining the license to maintain the
alarm console as hereinafter set forth.
Shall mean any alarm or device which when actuated produces
a signal not connected to the alarm console such as store burglar
alarms actuating bell devices. Alarms attached to or part of a motor
vehicle shall not be considered a local alarm.
Shall mean any person owning an alarm device or a local alarm
within the scope of this section.
Shall mean any person owning an alarm device or a local alarm
within the scope of this section.
[1969 Code § 7-3; Ord. No. 82-21]
There is hereby established a police alarm console license which shall be granted upon recommendation of the Chief of Police or his agent after competitive bidding as set forth in Subsection 4-19.4. Any licensee shall have exclusive use and control of the alarm console except for use by the Police Department, and the licensee will be responsible at no cost to the Borough for the establishment, construction and installation of the console containing equipment and being of a design approved by the Chief of Police or his agent for the care, maintenance and management of the console; the licensee shall locate the console and relocate the console if necessary under the supervision of the Chief of Police or his agent at no cost to the Borough. For any license granted hereunder the licensee will assume all liability and agree to indemnify and save harmless the Borough of Elmwood Park, its agents, and the Elmwood Park Police Department for any acts in conjunction with the operation of the police alarm console, and in conjunction therewith he shall furnish annually to the Borough Clerk a noncancellable insurance certificate indicating complete liability coverage in an amount no less than $300,000 for each person and $500,000 for each accident, and $50,000 property damage for each accident.
Any connection to the police alarm console shall be of a type
inspected and approved by an inspector designated for this purpose
by the Chief of Police, and any person aggrieved by a decision may
appeal the decision in writing within 10 days to the Chief of Police.
All alarms in operation and connected to the alarm panel board,
located in police headquarters as of the date of adoption of this
section (except dial alarms), shall be connected hereunder to the
alarm console by the licensee and no connection cost for the transfer
shall be permitted.
The licensee for the police alarm console shall be permitted
to charge subscribers a maximum installation fee of $50, and a maximum
monthly retainer or maintenance fee of $7; except, however, that no
fee shall be charged to the Borough or the Board of Education of Elmwood
Park for monthly charges or console connection charges for any existing
or future systems in public buildings, and any equipment or alarm
devices installed by the alarm console licensee in such public buildings
shall be at wholesale cost exclusive of labor charges.
The licensee shall install initially an annunciator or display
console, having no less than 50 zones available for present systems
and future connections, which console shall be approved by the Underwriters
Laboratories.
Except as provided in Subsection 4-19.6, any license issued hereunder shall be for a term of five years or such shorter time period as may be prescribed by statute from the date of approval by the Borough Council, and the licensee shall post annually with the Borough Clerk prior to the anniversary date of the granting of the license a performance bond in the amount of $5,000 noncancellable, without notification to and approval by the Borough Council guaranteeing performance for each year of the obligation of the licensee and insuring maintenance of the console and alarm system during the period when the license is in force. Failure of the licensee to provide the annual bond shall mean automatic revocation of the license.
[1969 Code § 7-4; Ord. No. 82-21]
a.
Prequalification. Persons desiring to bid for the license shall make
application to the Chief of Police. The application shall disclose,
in addition to any information required by any State laws, whatever
information may be required by the Chief of Police concerning the
ability of the proposed applicant to comply with the requirements
of this section and the "Local Public Contracts Law," and shall indicate,
in any event, that:
1.
The licensee has satisfactory financial and personal references indicating
his or its ability to comply with the terms of this section.
2.
The licensee has an office in the Borough or within a 40 mile radius
thereof with adequate personnel available on a twenty-four-hour basis
to serve the equipment.
b.
Determination. Upon receipt by the Mayor and Borough Council of a list of those persons or corporations who prequalified, the Mayor and Council shall then designate the time and place for receiving sealed bids by those eligible to submit bids as set forth in Subsection a above. The bid shall indicate the bond and other requirements of this section and shall offer the gross rental prescribed by this section or a greater amount and the maximum installation and monthly charges prescribed by this section or a lesser amount. Upon the return of the sealed bids, the Mayor and Council may award the license to the person whose bid taken as a whole is the most advantageous to both the subscribers to the system and to the Borough from a cost and revenue standpoint and in conjunction therewith the Mayor and Council reserves the right to reject any and all bids.
[1969 Code § 7-5; Ord. No. 82-21]
Any person who owns or operates an alarm device or a local alarm
shall make application for the continuance thereof in writing to the
Chief of Police. The application shall contain at least the location
of the device, the name of the installer of the device, the type of
device, provisions relating to false alarms and testing procedures,
a list of persons to be contacted in the event of an alarm, and other
information as may be required by the Chief of Police.
Local alarms shall be registered and there shall be paid to
the Borough Clerk an annual fee which shall be charged therefor in
the sum of $15.
For alarm devices the permittee shall pay whatever charges are
required by the alarm company making the installation, and in addition
thereto the connection and monthly maintenance charges as hereinabove
provided to the licensee for the alarm control panel; the permittee
shall also pay to the Borough an annual fee for the privilege of connection
to the console in the sum of $12. This fee shall be payable by January
15 of each year annually so long as the permit is in force; any permit
issued between January 15 and December 31 shall require the same $12
fee, no portion of which shall be prorated or refundable. Should any
fee be delinquent for 30 days, the Chief of Police or his agent shall
notify the permittee in writing that such system has been disconnected
from the alarm console.
Any permit granted hereunder shall be accepted upon the express
condition that the permittee shall indemnify and hold the Borough
of Elmwood Park harmless from and on account of any and all damages
arising out of the activities of the permittee, its alarm contractor,
or the alarm console licensee.
[1969 Code § 7-6; Ord. No. 82-21]
All alarms with an outside audible device shall have an automatic
cutoff which, within 20 minutes after the alarm has begun to sound,
will stop the sound.
[1969 Code § 7-7; Ord. No. 82-21]
The Borough shall be under no duty or obligation to any permittee
hereunder or to any alarm console licensee hereunder, the alarm console
and allied equipment being maintained at will and subject to termination
at any time by cancellation of the system by resolution duly adopted
by the Mayor and Borough Council, and any individual permit issued
hereunder may be revoked at any time by the Mayor and Council upon
recommendation of the Chief of Police provided that 30 days' notice
is given in writing to the permittee.
[1969 Code § 7-8; Ord. No. 82-21]
Dial alarms or any alarm device, which when activated automatically
or electronically selects a telephone line connected to police headquarters
of the Borough reporting a prerecorded message, requesting police
assistance shall not be permitted.
[1969 Code § 7-9; Ord. No. 82-21]
Any person who maintains any alarm device as defined in this
section shall, prior to testing, notify the Police Department that
the alarm is to be tested and upon termination of the testing, shall
notify the Police Department that the test has been terminated.
[1969 Code § 7-10; Ord. No. 82-21; Ord. No. 90-17 § 1; Ord. No. 97-8 § 1; Ord. No. 11-09 § 1; Ord.
No. 13-31]
In the case of a false burglar alarm, any person having knowledge
thereof shall immediately notify the Police Department in a manner
to be prescribed by rules and regulations, as established by the Chief
of Police. In addition, in the case of a false burglar alarm, the
Chief of Police shall cause an investigation to be made and keep a
record of the false alarms on file for each property. In the event
of multiple false alarms within a single calendar year, the following
penalties shall apply:
a.
For the 1st, 2nd and 3rd false alarm, a warning shall be issued.
b.
For the 4th false alarm, a fine of $50 shall be imposed.
c.
For the 5th false alarm, a fine of $100 shall be imposed.
d.
For the 6th false alarm, a fine of $300 shall be imposed.
e.
For the 7th and subsequent false alarm, a fine of $500 shall be imposed.
All fines shall be paid to the Borough of Elmwood Park.
[1969 Code § 7-11; Ord. No. 82-21; New]
[1969 Code § 57-1; Ord. No. 86-1; New]
No person, firm, corporation, or other entity shall display,
or permit to be displayed, upon lands and premises owned or leased
by them, any strings, streamers, flags, pennants, spinners, or similar
devices intended to attract attention for commercial, profit making
and/or promotional purposes without first having obtained a permit.
[1969 Code § 57-2; Ord. No. 86-1; Ord. No. 98-5 § 1]
Any such strings, streamers, flags, pennants, spinners, or similar
devices intended to attract attention for commercial and/or profit
making and/or promotional purposes, for holiday, anniversary celebration,
grand opening celebration shall be permitted for a period not to exceed
30 days from the date of initiation in any calendar year, provided
however that any person, firm, corporation, or other entity shall
first make application to the Construction Officer/Zoning Officer
for the display of same setting forth the following information:
a.
The purpose for the display.
b.
The period of time that said display shall be for.
c.
The location by lot and block number and/or street address at which
said display shall be exhibited.
d.
Payment of a fee of $25, except for civic and/or veterans organizations
which are exempt from payment of any fee.
[1969 Code § 57-2; Ord. No. 86-1]
The provisions of this section shall not apply to any person
who wishes to display the American flag and/or the flag of the State
of New Jersey solely for patriotic purposes.
[1969 Code § 57-4; Ord. No. 86-1; Ord. No. 96-3 § 1]
a.
Anyone violating the provisions of this section shall be subject
to a fine not to exceed the sum of $100 for the first offense; for
a second offense the fine shall not exceed $300; and for a third and
subsequent offense the fine shall be $500 and may be imprisoned in
the County jail for a term not to exceed 30 days.
b.
The enforcement of violations of any and all provisions of this section
shall be by the Zoning Official of the Borough of Elmwood Park.
[1969 Code § 33B-1; Ord. No. 81-7]
As used in this section:
Shall mean and include all sales entitled "garage sale,"
"lawn sale," "attic sale," "rummage sale," "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
such sale.
Shall mean and include any goods, warehouse merchandise,
or any other property capable of being the object of a sale regulated
hereunder.
Shall mean any corporation, business entity, or an individual
and members of his/her household.
[1969 Code § 33B-2; Ord. No. 81-7; Ord. No. 90-17 § 1; Ord. No. 97-8 § 1; Ord. No. 97-11 § 1]
No person shall conduct a garage sale in the Borough of Elmwood Park without first filing with the Police Department the information hereinafter specified and obtained from said department a permit, which shall be known as a garage sale permit. The fee for such a license shall be fixed at $10 and shall include a maximum of four signs which shall be posted, advertising said garage sale in accordance with the terms and conditions of Subsection 4-21.5. In the event of inclement weather resulting in a postponement of the garage sale, the permit holder shall obtain one permit extension, without charge, from the Police Department.
[1969 Code § 33B-3; Ord. No. 81-7; Ord. No. 97-11 § 2]
a.
The permit shall be issued to one street address two times in a calendar
year, and no permit shall be issued for more than three consecutive
calendar days. No such permit shall be issued more frequently than
once every other month. Charitable, religious or civic organizations
may be allowed more than three days with the approval of the Mayor
and Borough Council.
b.
Each permit issued under the provisions of this section shall be
prominently displayed on the premises from which the garage sale is
conducted throughout the entire period of the licensed sale and be
readily observable from the curb line of the street.
[1969 Code § 33B-4; Ord. No. 81-7]
All garage sales shall be conducted between the hours of 9:00
a.m. to 5:00 p.m.
[1969 Code § 33B-5; Ord. No. 81-7; Ord. No. 97-11 § 3]
a.
Four temporary signs provided by the Borough shall be permitted for
the period of the sale, 48 hours prior to the sale and 24 hours thereafter.
Planning Board approval will not be needed.
b.
No signs shall be fastened to any telephone poles within the Borough.
No signs shall be posted, attached, located, displayed on a right-of-way,
street, or alley without obtaining the consent of the abutting property
owner in writing, if any, prior to the posting, attaching, locating
or displaying of the sign. No sign shall be located, posted, attached
or displayed on private property without the written consent of the
private property owner.
c.
The signs shall have a space allotted thereon upon which the person
holding the sale shall place the name and address of the person running
the sale and the permit number. No sign shall be posted, attached,
located or displayed without this information.
[1969 Code § 33B-6; Ord. No. 81-7]
The provisions of this section shall be enforced by the Police
Department of the Borough or the Office of Code Enforcement. It shall
be their duty to investigate any violation of this section. If a violation
is found to exist, they shall prosecute a complaint before the local
Municipal Court pursuant to the provisions of this section.
Any permit issued under this section may be revoked or suspended
without a public hearing by the Chief of Police and/or Construction
Official when in his opinion, it is reasonably necessary to do so
for the public welfare and safety of the community.
[1969 Code § 33B-7; Ord. No. 81-7; Ord. No. 97-11 § 4]
For any violation of this section there shall be a fine, not
to exceed $100 for the first offense, plus forfeiture of any permit
entitlement for a period of one year from the date of said conviction.
A second and subsequent violation of this section, a fine of $100
and, in the discretion of the Judge of the Municipal Court, community
service of seven hours to be directed by the Municipal Court Judge
to be conducted within the Borough of Elmwood Park.
[1969 Code § 9-26]
As used in this section:
Shall mean an outdoor show or exhibition or bazaar in which
or in connection with which are conducted or permitted games of chance
or skill or partly chance and partly skill, or wherein goods are given
or awarded to persons paying a consideration for a chance or opportunity
to win or secure the same as a prize or award, or where concession
stands or amusement stands are operated or maintained.
[1969 Code § 9-25]
No person as owner, lessee, manager, sponsor, officer or agent,
shall establish, operate or conduct a carnival within the boundaries
of the Borough of Elmwood Park without permission of the Mayor and
Borough Council.
[1969 Code § 9-27; New]
[1969 Code § 46-4]
As used in this section:
Shall mean and include all vehicles propelled otherwise than
by muscular power, so that the motor vehicles must be operated under
its own power and in running condition.
Shall mean newly manufactured motor vehicles.
Shall mean a motor vehicle so used as to become what is commonly
known as "second-hand," within the ordinary meaning thereof, and shall
include every motor vehicle other than a new motor vehicle.
[1969 Code § 46-1]
It shall be unlawful for any person to use any vacant lot, vacant
property or any portion of a lot outside of a building for the storage
for sale of used or new motor vehicles without first obtaining a license
therefor from the Borough Council as herein provided.
[1969 Code § 46-2]
Wherever two or more motor vehicles are stored on any such vacant
lot or land for sale, whether adjacent to a duly established garage,
service station or any other motor vehicle business or not, the license
as herein provided shall be required, and a separate license shall
be required for each separate lot or parcel of ground upon which the
said business is conducted.
[1969 Code § 46-3]
The license shall authorize the licensee to conduct the said
business on the lot specified in the license; shall not be transferable
to another plot or lot, nor shall said license be assignable or transferable
in any manner.
[1969 Code § 46-5]
Every applicant for a license to engage in said business shall
file with the Borough Clerk a written application signed by the applicant
or applicants, which application shall state:
a.
The name and residence of the applicant, and, if a firm or corporation,
the name and address of the officers, and the registered agent or
partners.
b.
The length of time that the applicant or applicants, or if the applicant
is a firm or corporation, the length of time that the manager or other
person in charge, has been a resident of the Borough, if such is the
case; his or their place of previous employment, and if the applicant
or applicants have been convicted of a crime, and if so, when, what
offense and in what Court.
c.
The detailed nature of the business to be conducted.
d.
The place where the business is to be located and carried on.
[1969 Code § 46-5]
Within 10 days after any such license is granted hereunder,
that portion of the area included in the license which fronts upon
a public street shall be enclosed by a fence, wooden structure or
barrier, which said fence, wall, pipe fence, chain fence, wooden structure
or barrier shall be not less than four feet nor more than six feet
in height, of sturdy, permanent construction and meeting the approval
of the Superintendent of Public Works. Such fence, wall, pipe fence,
chain fence, wooden structure, barrier, or any posts or uprights,
shall be set back at least one foot from every property line on which
the said tract may front. There shall be no opening or entrance or
exit in such fence, wall, pipe fence, chain fence, wooden structure
or barrier along the property line except where the street curb has
been lowered in accordance with the rules of the Borough Engineer's
office, and such opening or openings shall not exceed in number or
width the portions of the curb so lowered; provided that where the
street curb has not been lowered, an entrance to the licensed premises
through such fence, wall, pipe fence, chain fence, wooden structure
or barrier, not exceeding four feet in width, shall be permitted.
All such fences, walls, pipe fences, chain fences, wooden structures
or barriers shall at all times be maintained and kept in proper repair
during the period covered by the license.
[1969 Code § 46-5]
No motor vehicle or other objects shall be exhibited, stored,
parked or located for sale or exchange under the license issued hereunder
within 15 feet of any plot with Zone "A" or "B" Residential District,
or a church, school or public building.
[1969 Code § 46-6]
No motor vehicle shall be placed by the said licensee on the
sidewalk or any part thereof, nor shall the said licensee use the
street or any part thereof for the storage, display or sale of said
motor vehicles.
[1969 Code § 46-7]
All licenses under this section shall at all times be subject
to such reasonable rules as may be made by resolution from time to
time by the Borough Council, for the proper operation and regulation
of the places of business named in such license.
[1969 Code § 46-8; Ord. No. 90-17 § 1; Ord. No. 97-8 § 1; Ord. No. 00-20 § 1]
The license fee for a license to sell new or used cars shall
be $650, and shall be effective from July 1 of each year to and including
June 30 of the following year.
[1969 Code §§ 46-9, 46-10; New]
[1969 Code § 40-28]
As used in this section:
Shall mean and include any business and any place of storage
or deposit, whether in connection with another business or not, which
displays or in or upon which there is displayed to the public view
two or more motor vehicles which, in the opinion of the Mayor and
Borough Council, are unfit for reconditioning for use for highway
transportation, or used parts of motor vehicles, or old iron, metal,
glass, paper, cordage or other waste or discarded material, which
has been a part of any motor vehicle, the sums of which parts or material
shall, in the opinion of the Mayor and Council, be equal in bulk to
two or more motor vehicles.
[1969 Code § 40-27]
No person shall establish a motor vehicle junkyard or business
unless he shall first obtain a license for such yard or business from
the Mayor and Borough Council.
[1969 Code § 40-29]
No person shall establish a motor vehicle junkyard or business
unless he shall first obtain a certificate of approval of the location
to be used therefor from the Zoning Commission.
[1969 Code § 40-30]
Upon receipt of an application for such certificate of approval,
the Zoning Commission shall assign a hearing upon such application,
to be held not less than two weeks nor more than four weeks from the
date of such application. Notice of such hearing shall be given such
applicant and by publication once in a newspaper having a circulation
within the Borough, not less than seven days before the date of such
hearing. Such certificate of approval shall not be issued unless such
Zoning Commission shall, after such hearing, find that no unreasonable
depreciation of surrounding property would ensue from the establishment
or maintenance of such motor vehicle junkyard or business and that,
in its judgment, the best interests of the Borough require the operation
of such yard or business at the location designated. In making such
designation, the Zoning Commission shall take into account the proximity
of schools, churches or other places of public gatherings, the sufficiency
in number of other similar places in the vicinity and the suitability
of the applicant to receive such license. Each applicant shall pay
a fee of $10 together with the cost of publication and expenses of
such hearing, to the Collector of the Borough.
[1969 Code § 40-31]
Upon the Zoning Commission approving the application, the Mayor
and Borough Council shall determine whether the license should be
granted. In such cases, the Borough Clerk shall assign a hearing,
to be held within the Borough not less than three weeks nor more than
five weeks from the date of such application. Notice of such hearing
shall be given to such applicant and to the Zoning Commission, by
mail, postage prepaid, and by publication once in a newspaper having
a circulation within such Borough, not less than seven days before
the date of such hearing. Such hearing shall be conducted by the Mayor
and Borough Council, and the applicant shall pay to the Borough Collector
a fee of $25 together with the costs of such notices and the expenses
of such hearing.
[1969 Code § 40-32]
Each applicant for such license shall pay to the Borough Collector
for such motor vehicle junkyard or business a license fee therefor
of $250. No such license shall be effective for more than one year
from the date of issue. For each renewal of such license, the fee
shall be $250.
[1969 Code § 40-33; New]
[1969 Code § 40-2]
As used in this section:
Shall mean any waste material or discard material, old lumber
or materials obtained from dismantled buildings, or old iron or other
metal or substance, glass, paper, machine parts, accessories, discarded
machinery or discarded machines, in whole or in part, unregistered
motor vehicles which are unfit for reconditioning for sale for highway
transportation, used parts of motor vehicles, and any material commonly
and generally known as "junk," in the ordinary meaning of the word,
acquired or collected commercially.
Shall mean any person who buys or otherwise acquires junk
for commercial purposes within the limits of the Borough of Elmwood
Park, or who collects and stores junk therein.
Shall mean any building within the Borough of Elmwood Park
in which junk is stored.
Shall mean any lot of land within the Borough of Elmwood
Park on which junk is placed, collected, stored or kept.
[1969 Code § 40-1]
It shall be unlawful for any person to keep, maintain or operate
what is commonly known as a junk shop or junkyard, or to purchase,
sell, store or deal in junk as hereinafter defined, at any place within
the limits of the Borough of Elmwood Park without first having obtained
a license therefor in accordance with the provisions of this section.
[1969 Code § 40-3]
Every person applying for a license to engage in said business
shall file with the Borough Clerk a written application, signed by
the applicant or applicants, which application shall state:
a.
The name and residence of the applicant, and if a firm or corporation,
the name and address of the officers and the registered agent or partners.
b.
The length of time that the applicant or applicants, or if the applicant
is a firm or corporation, the length of time that the manager or the
person in charge, has been a resident of the Borough, if such is the
case, his or their place of previous employment, and if the applicant
or applicants have been convicted of a crime, and if so, when, what
offense and in what Court.
c.
The detailed nature of the business conducted.
d.
The place where the business is to be located and carried on.
e.
Such application shall be accompanied by cash in a sum equaling the
whole license fee, which shall be returned in the event that the license
is refused.
[1969 Code § 40-4]
a.
The applicant shall, at least 10 days prior to the time appointed
for hearing on the application, give personal notice to all property
owners within 500 feet of the property lines of such junkyard or shop.
Such notice shall be given either by handing a copy thereof to the
property owners, or by leaving a copy thereof at the residence of
the property owners, with a member of the family, 14 years of age
or over, if the owners are the occupants of the property affected
by the application or are residents of the Borough of Elmwood Park,
and in addition thereto, by mailing a written notice thereof by registered
mail to the residence of the property owner.
b.
If the owners are nonresidents of the Borough, such notice may be
given by sending written notice thereof by registered mail to the
last known address of the property owner or owners, as shown by the
most recent tax lists of the Borough. Where the owners are partnerships,
service upon any partner, as shown outlined, shall be sufficient,
and where the owners are corporations, service upon any officer, as
above set forth, shall be sufficient.
c.
The applicant shall by affidavit present satisfactory proof to the
Mayor and Borough Council, at least five days prior to the hearing,
that the notices have been duly served as aforesaid. Upon the hearing,
any party may appear in person or by agent or by attorney.
[1969 Code § 40-5]
Each application shall contain an agreement that the applicant
accepts the license to be granted upon the condition that it may be
suspended or revoked for cause at any time by the Mayor and Borough
Council.
[1969 Code § 40-6]
If the applicant is not the owner of the site where the business
is to be conducted, the owner's consent to the conduct of the business
shall be endorsed on the application.
[1969 Code § 40-7]
The license shall authorize the licensee to conduct the business
at the place specified in the license, shall not be transferable to
another location, nor shall the license be assignable or transferable
in any manner.
[1969 Code § 40-8]
Every person so licensed hereunder shall be entitled to keep
one cart, wagon, truck or vehicle for the purpose of collecting the
junk articles above mentioned in the Borough, provided, however, that
if said person so licensed as aforesaid desires to keep more than
one cart, wagon, truck or vehicle, the licensee shall first apply
to the Borough Clerk for such a privilege, and shall pay the sum of
$50 for each additional wagon, truck or vehicle; provided also, that
any licensee using any such cart, wagon, truck or vehicle, or who
shall authorize the same to be used, shall cause to be painted on
the outside of such cart, wagon, truck or vehicle, the name of the
licensee at length and the street and number of the licensee's place
of business, in plain letters. The letters shall be not less than
2 1/2 inches in length, and the licensee shall also attach to
one side of every such cart, wagon, truck or other vehicle, a metal
tag bearing the number of such license, which tags shall be furnished
by the Borough.
[1969 Code § 40-9]
Every person not licensed hereunder as a junk dealer but who
intends using or authorizing the use of any cart, wagon, truck or
vehicle in the Borough for the collection, purchase or sale of any
articles of junk above mentioned, shall before so doing make application
to the Borough Clerk and receive a license for said purpose and pay
the sum of $50 for each and every such cart, wagon, truck or vehicle.
[1969 Code § 40-10]
Every person engaged in drawing or driving any cart, wagon,
truck or vehicle for the purpose of collecting "junk," old rope, old
iron, brass, copper, tin, lead or other metals, rags, old bottles
and such like, shall at all times carry with him when so engaged the
license issued for said vehicle whereby such conveyance is authorized,
and shall exhibit the same on demand to any Police Officer of the
Borough.
[1969 Code § 40-11]
Each lot or any part thereof so licensed as a junkyard shall
be enclosed, in the manner herein provided, by a fence not less than
eight feet in height. Said fence shall be constructed of such suitable
and durable material, along all or such of the boundaries of the said
junkyard and in such manner as the Governing Body shall determine
to be in the interests of health, safety and the general welfare of
the community. Such fence shall be set back at least 20 feet from
any street or highway upon which the premises abut. If a greater fence,
setback provisions shall control.
[1969 Code § 40-12]
No licensee hereunder shall purchase any goods, articles or
merchandise or motor vehicles or motor vehicle parts from any person
under the age of 18 years.
[1969 Code § 40-13]
Every licensee shall provide and keep a book in which shall
be written at the time of each purchase a description of the articles
so purchased, the name and residence of the person from whom such
purchase was made and the date of such purchase. The said book shall
be at all reasonable times open to inspection by the Chief of Police
or any person who shall be duly authorized, in writing, for that purpose,
by anyone who shall exhibit such written authority to such license.
[1969 Code § 40-14]
The make, model, engine number and serial number of all motor
vehicles or dismantled engines purchased or received by any licensee
shall be reported to the Chief of Police within 24 hours after the
receipt thereof, and before the same are dismantled or the identification
marks are removed or obliterated, or before the same are disposed
of.
[1969 Code § 40-15]
All licensed premises shall be subject to inspection at all
times by the members of the Police Department and other representatives
of the Borough.
[1969 Code § 40-16]
No goods, articles, merchandise or motor vehicles shall be placed
by the licensee on the sidewalk or any part thereof, or on or above
the fence, or between the fence or any building and the sidewalk,
nor shall the licensee use the street or any part thereof for the
storage, repair or sale of goods, articles, merchandise or motor vehicles.
[1969 Code § 40-17]
No licensee or his agent shall knowingly buy, sell, receive,
dispose of, conceal or have in his possession any motor vehicle from
which the manufacturer's serial number or any other number or identification
mark has been removed, defaced, altered, covered or destroyed, for
the purpose of concealing the identity of such vehicle.
[1969 Code § 40-18]
No license shall be granted if the applicant is indebted to
the Borough for taxes; is not a citizen of the United States; nor
to any person convicted of the crime of larceny or receiving stolen
goods, or if there are due any taxes upon the premises for which the
license is sought.
[1969 Code § 40-19; Ord. No. 90-17 § 1; Ord. No. 95-4 § 1; Ord. No. 97-8 § 1]
The annual license fee to be paid for such license shall be
the sum of $500, and shall be effective from the date of issue to
December 31 of the year in which said license is issued, and all persons,
upon the expiration of any license granted hereunder, shall make application
to the Mayor and Borough Council for a license to conduct said business
for the ensuing year, as provided for in this section.
[1969 Code § 40-20]
Where any person desires to obtain a permit from the Commissioner
of Motor Vehicles for a motor vehicle junkyard in accordance with
Chapter 55 of P.L. 1930, and any amendments thereof and supplements,
thereto, such person shall deposit with the Borough such fees as are
provided for in said Act and comply with all provisions therein contained;
provided, however, that nothing in this section shall be construed
as exempting any person licensed hereunder, whether or not said licensee
is also licensed by the State, from paying the annual license fee
provided.
[1969 Code § 40-21]
All licenses under this section shall at all times be subject
to such reasonable rules as may be made by resolution from time to
time by the Mayor and Borough Council, for the proper operation and
regulation of the places of business named in such license.
[1969 Code § 40-22; New]
[1969 Code § 83-62]
As used in this section:
Shall mean any lot, piece or parcel of land used for the
purpose of storing motor vehicles where the owner or persons storing
such vehicles is charged a fee, and shall include such lots where
shelters that are not completely enclosed are erected, and which are
open to the general public.
[1969 Code § 83-63]
No person shall maintain or conduct an open-air parking station
within the limits of the Borough of Elmwood Park without first having
obtained a license therefor from the Borough Clerk.
[1969 Code § 83-64]
Application for licenses for open-air parking stations shall
be made by the persons intending to operate open-air parking stations
to the Borough Clerk upon forms drawn and furnished by the Borough
Clerk, and shall set forth the name under which and the place where
the open-air parking station is to be operated; whether the applicant
is an individual, partnership or corporation; the number of motor
vehicles which may at any one time be stored upon the premises; the
hours during which the motor vehicles may be stored; a complete schedule
of the rates to be charged for storing motor vehicles; and such other
information as the Borough Clerk may deem advisable. Each application
shall be signed and verified under oath by the applicant, if an individual,
or by a duly authorized agent, if a partnership or corporation.
[1969 Code § 83-65; Ord. No. 12-12]
The fee for the issuance of said license shall be the sum of
$20 per month or $125 annually.
[1969 Code § 83-66]
a.
All applications for open-air parking stations shall be referred
to the Public Safety Committee for investigation and approval. If,
after investigation and approval by the Public Safety Committee, it
shall appear that the applicant has complied with the regulations
of this section and the rules and regulations established by the Public
Safety Committee, and the statements set forth in the application
are correct and if the proper fee shall have been paid, the Borough
Clerk may issue to the applicant a license for open-air parking station,
which license shall continue in full force and effect until the first
day of January following the issuance of the license or until revoked
by the Mayor and Borough Council. The Borough Clerk shall keep records
of all applications and licenses issued, indexed alphabetically and
by location.
b.
All such licenses may be transferred upon written application to
and approval thereof by the Mayor and Borough Council.
[1969 Code § 83-67]
a.
Each licensee shall maintain at each entrance to such open-air parking
station a permanently affixed sign suitable to apprise persons using
such open-air parking station the name of the licensee; the hours
of the day and/or night during which such places are open for storing
motor vehicles; the rates charged; the closing hour of such station;
and the maximum car capacity of such open-air parking station.
b.
Whenever such open-air parking station shall be open for storing
motor vehicles at night, such licensee shall maintain adequate lights
to properly light the entire parking station until the hour set for
closing.
[1969 Code § 83-68]
At the time of accepting a motor vehicle for storing or parking
in an open-air parking station, the person conducting the same, his
agent, servant or employee shall furnish to such person parking his
motor vehicle a distinctive check which shall be numbered to correspond
to a coupon placed upon such motor vehicle, which check shall show
the location of the lot and the name and address of the licensee operating
such open-air parking station.
[1969 Code § 83-69]
No licensee shall make any charge for storing any motor vehicle
in an open-air parking station in excess of that set forth in his
application for license, unless he shall give written notice for such
change to the Public Safety Committee.
[1969 Code § 83-70]
Each licensee shall immediately notify the Police Department
of any claim made by reason of any loss, theft or conversion upon
his premises.
[1969 Code § 83-71]
The Mayor and Borough Council may revoke any license after a
hearing before it if at any time:
a.
The licensee has knowingly made any false or materially incorrect
statement in the application.
b.
The licensee knowingly violates or knowingly permits or countenances
the violation of any provisions of this section.
c.
The licensee knowingly violates or knowingly permits or countenances
the violation of any provisions of any penal law or ordinance regarding
theft, larceny or conversion of a motor vehicle or the operation of
a motor vehicle without the owner's consent, whether such licensee
or other person is convicted of such offense or not.
[1969 Code § 83-72]
a.
Each licensee shall keep the sidewalks surrounding the open-air parking
station free from dirt, ice, sleet and snow, and shall keep the sidewalks
in safe condition for the travel of pedestrians.
b.
Persons operating open-air parking stations shall keep the same free
from dust by frequent sprinkling or the use of calcium chloride or
other means, so that the same shall not become a nuisance to adjacent
property owners or others.
[1969 Code § 83-73]
Unless expressly authorized by the owner or person having control
of such vehicle, it shall be unlawful to use or move any motor vehicle
from any parking lot to any other parking lot.
[1969 Code § 83-74]
a.
Each licensee shall faithfully perform his duties as bailee and shall
employ honest and competent attendants and help on his parking lot.
Failure to employ reliable and competent attendants and help shall
be cause for revocation of the license of such licensee.
b.
Each licensee, employee or attendant whose duties entail the moving
or driving of any motor vehicle must have a registered driver's license
of the State of New Jersey.
[1969 Code § 83-75; New]
[1969 Code § 35-1]
It shall be unlawful for any person to place, erect or construct
in or along any of the public streets or places of the Borough any
gasoline or oil tank or pumps, unless a permit is first obtained from
the Borough Council.
[1969 Code § 35-2]
Application for such permits shall be in writing, signed by
the applicant, and shall state the exact location where such tank
or pump is to be placed or constructed, and shall also set forth the
distance of such proposed location from the nearest street intersection.
[1969 Code § 35-3]
Upon the receipt of such application, the Borough Council shall
consider the same and determine whether or not the use of such tank
or pumps at the location set forth in said application will unduly
interfere with public traffic or endanger public safety, and if, in
their opinion, the use of such tank or pump at the place proposed
in said application shall unduly interfere with public traffic or
endanger public safety, they shall refuse such permit, but otherwise
shall grant the same.
[1969 Code § 35-4; Ord. No. 75-18; Ord. No. 81-6; Ord. No. 90-17 § 1; Ord. No. 97-8 § 1]
If such permit is granted, the Borough Treasurer shall issue
same upon the payment fee of $15 per pump, per year, being January
1 thru December 31, and not pro-rate. All permits are renewable January
1.
[1969 Code § 35-5; New]
[1969 Code § 77-1]
As used in this section:
Shall mean any automobile or motor car, commonly called "taxi,"
engaged in the business of carrying passengers for hire, that accepts
and discharges such persons as may offer themselves for transportation
from place to place within the Borough of Elmwood Park.
[1969 Code § 77-2]
No person shall operate a taxicab without first having obtained
the consent of the Mayor and Borough Council for each taxicab so to
be operated in accordance with the provisions of N.J.S.A. 48:16-1
to 12, which shall be complied with as a condition for the granting
of municipal consent.
[1969 Code § 77-3; Ord. No. 90-17 § 1; Ord. No. 95-4 § 1; Ord. No. 97-8 § 1]
Each taxicab for which consent is given shall obtain from the
Borough Clerk a license to operate within the Borough of Elmwood Park,
upon the payment of an annual license fee of $50, which shall not
be prorated.
[1969 Code § 77-4; Ord. No. 90-17 § 1; Ord. No. 95-4 § 1; Ord. No. 97-8 § 1]
The driver of any taxicab operating under Borough license shall
obtain a taxicab driver's permit from the Borough Clerk upon filing
an application therefor, giving his name, address, age, motor vehicle
driver's license number, and being fingerprinted by the Police Department.
The taxicab driver's permit shall be issued for the annual fee of
$50, and the permit card shall be carried at all times by the driver
operating the taxicabs. Any person convicted of a crime involving
moral turpitude shall be refused a driver's permit.
[1969 Code § 77-5]
All taxicabs so licensed shall install glove-box-type taxicab
meters, which shall mechanically register the fare. The Police Department
shall have the right to inspect and test all meters, and if any meter
is found registering in excess of the rates established, the taxicab
shall be withdrawn from service until a correct meter is installed
therein, and shall subject the owner of the taxicab to the penalties
provided for in this section.
[1969 Code § 77-6]
Every taxicab licensed under the provisions of this section
shall have the name of the owner thereof only, plainly painted in
letters at least two inches in height, in the center of the main panel
of the doors of said vehicle.
[1969 Code § 77-7]
Every taxicab licensed under the provisions of this section
shall have the rates posted in a legible manner at a location in the
taxicab visible to passengers.
[1969 Code § 77-8; New]
The Borough Council, by ordinance, shall establish locations
at which taxicabs may stand and have call boxes, and the space so
designated shall be marked by an appropriate sign. No taxicab shall
stand at any place other than so designated by the Borough Council.
[1969 Code § 77-9]
No taxicab, while waiting employment by passengers, shall stand
on any public street or place other than at or upon a public taxi
stand, as designated by this section, nor shall any driver of such
taxicab take on additional passengers after he has once commenced
a trip with passengers.
[1969 Code § 77-10; New]
[1]
Editor's Note: Prior ordinance history includes portions of
1969 Code § 87-1 - 87-16, 87-19 and Ordinance Nos. 80-3,
83-7, 90-17, 97-8, 99-16, 00-18, 03-05, 05-8, 06-34, 11-15, and 14-28.
[Ord. No. 2017-07]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the operation of an unengaged wrecker along the
public streets in any fashion intended likely or calculated to solicit
business.
Shall mean a person, firm or corporation who owns and/or
operates a vehicle on the roads and highways within the Borough of
Elmwood Park, which vehicle, by reason of being disabled or being
unlawfully upon said roads, requires towing services.
Shall mean a person, firm or corporation engaged in the business
of providing wrecker services and storage services for vehicles towed,
which services are made available to the general public upon such
rates, charges and fees as determined by said person, firm or corporation
and who is licensed under the provisions of this section.
Shall mean a vehicle driven by mechanical power and employed
for the purpose of towing, transporting, conveying or removing any
and all kinds of vehicles or parts of vehicles which are unable to
be operated under their own power, for which a service charge or fee
is exacted.
[Ord. No. 2017-07; amended 12-17-2020 by Ord. No.
20-36]
a.
License Required. No towing operator shall operate within the Borough
of Elmwood Park without obtaining a license in accordance with the
provisions of this section. Specifically exempted are towing operators
which are directly and privately engaged or designated by the owner
of the vehicle towed, transported, conveyed or removed, as long as
the towing operator does not also provide towing services to the general
public.
b.
The fee for the license issued under this section shall be $500.
The license shall remain in effect from January 1 to December 31 of
each year or any part thereof.
c.
Applications for a towing license shall be made available to the
public at the Borough Clerk's office on October 1 and shall be due
no later than October 31 of that year. The Borough shall post notice
of opportunities for licenses on its website and in the official Borough
newspaper. Applications will be investigated by the Police Department
on a first-come-first-served basis. The first six towing contractors
who submit completed applications to the Borough Clerk and who, upon
investigation by the Police Department, are determined by the Police
Department to successfully meet all of the requirements for towing
services of this article shall be issued towing licenses.
[Ord. No. 2017-07]
An application for a license as a proprietor of a towing or
wrecking business shall be made by the person or firm engaged in operating
a wrecker or wreckers. The fee for applying for such license shall
be $500. The application shall be made on forms furnished by the Police
Department and specifically report the following facts:
a.
The full name and address of the applicant. If the application is
made for a corporation, it shall state the names and addresses of
the officers and directors thereof, its registered office and its
registered agent.
b.
The year, make and type of each wrecker used in said business, its
serial number, registration number and registered owner.
c.
The street address of the applicant's storage facilities, including
a description of size and capacity.
d.
The address where the wrecker or wreckers shall be regularly garaged,
the telephone numbers available on a twenty-four-hour-per-day basis
and the names of all operators, their addresses and the driver's license
numbers of their New Jersey motor vehicle licenses. In order to ensure
rapid response to requests for service, all applicants shall maintain
a regular place of business within the Borough of Elmwood Park, or
within a reasonable distance of the Borough of Elmwood Park not to
exceed three miles.
[Ord. No. 2017-07]
By making application to be licensed as a towing operator in
the Borough of Elmwood Park, the person or firm agrees to the following
conditions:
a.
Provide a prompt, courteous response to each call.
b.
Clean all debris at the accident site emanating from an accident.
d.
Maintain a record in a bound volume of all towing and wrecking jobs
handled, the name of the owner or operator involved, the charge made
for the service, the date and the amount of payment.
e.
Maintain a written schedule of all rates and charges, in compliance
with this agreement, and make such schedule available when requested;
have conspicuously displayed at the place of business, either painted
or permanently affixed, a schedule of maximum towing charges and storage
charges permitted by this section. Business hours shall be posted.
Whenever practicable, the owner or driver of any vehicle utilizing
towing service shall be given a copy of a full statement of rates
at the time that the towing services are rendered. In any event, a
full schedule of rates shall be annexed to each bill for towing service.
f.
No towing operator or firm licensed under this section may charge
rates in excess of the following for towing, conveying, road service
or storage of a motor vehicle:
1.
Service charges shall be as follows:
(a)
Jumpstarts between 8:00 a.m. and 6:00 p.m. weekdays: $50. Between
6:00 p.m. and 8:00 a.m., the following day: $60.
(b)
Road service at any other time: $60, plus $1.75 per mile.
(c)
The service charge assessed for the release of a towed vehicle
during other than the business hours of 8:00 a.m. to 6:00 p.m.: $0
(no charge).
2.
Towing charges shall be as follows:
g.
Flatbed truck between 6:00 p.m. and 8:00 a.m.: $150, plus $1.75 per
mile.
1.
Winching service charges shall be $30 per hour.
2.
The service charge for storage after 24 hours shall be as follows:
3.
Notwithstanding the foregoing provisions, no towing operator licensed
by the Borough of Elmwood Park shall charge or receive fees for towing,
services or storage at rates higher than that permitted by the New
Jersey State Department of Insurance.
h.
In addition to the fees set forth herein, each vehicle towed shall
be charged a $40 administrative fee. The administrative fee shall
be collected by the tower and remitted to the Borough of Elmwood Park
within 30 days.
[Ord. No. 14-28]
a.
The licensee shall be responsible for the inspection and operation
of its equipment. Each wrecker must meet all of the requirements of
the New Jersey Revised Statutes, Title 39, Motor Vehicle Rules and
Regulations, and have a boom-lifting capacity of at least four tons.
In addition, each wrecker must have the following equipment:
b.
The application for a towing and wrecking license shall be accompanied
by a certificate of liability insurance for said wrecker in the policy
limits of no less than $300,000 for one person, $300,000 for one accident
and $300,000 for property damage. The certificate of insurance shall
be issued by a company certified to do business in New Jersey, and
each policy so required must contain an endorsement providing for
30 days' notice to the Borough of Elmwood Park in the event of any
material changes in the policy or cancellation thereof.
[Ord. No. 14-28]
Within 10 days after receipt of an application, the Chief of
Police shall cause an investigation to be made of the applicant and
its business operations. Upon completion of the investigation, the
Chief of Police shall make his recommendation to the Borough Clerk/Administrator
with respect to the grant or denial of a tow truck operator's license.
The Chief of Police shall recommend approval of an application when
he finds that the following requirements and certifications have been
provided by the applicant:
a.
That the insurance policies as required have been procured and supplied.
b.
That the applicant has certified that the proposed operators are
qualified to operate the tow truck and conduct a tow truck service
in the Borough of Elmwood Park.
c.
That the applicant has certified that the requirements of this section
and all other statutes have been met.
d.
That the applicant has certified that the vehicle has been properly
licensed and inspected by the State of New Jersey and has the necessary
stickers affixed. No vehicle shall be licensed as a tow truck which
is using dealer's plates or which has failed State inspection.
[Ord. No. 14-28]
a.
The Chief of Police is hereby given the authority to hold hearings
with regard to violations of the terms and conditions of this section.
Notice must be given to the person or firm of any alleged violations
of this section. Within 20 days of such notice, a hearing shall be
conducted by the Chief of Police. The person or firm charged with
such violations shall be given an opportunity to present evidence
at this hearing.
b.
The Chief of Police shall render a decision regarding the suspension
or revocation of the license within five days of the hearing. The
person or firm whose license is revoked or suspended may appeal this
decision to the Mayor and Council within 10 days of the date of the
decision by the Chief of Police.
c.
The Chief of Police shall see that a record is maintained containing
the names, addresses and twenty-four-hour telephone numbers of all
licensed wreckers and a record of the types of wreckers available.
The Chief of Police shall also see that a record is maintained of
all complaints from vehicle owners as to improper service or charges.
[Ord. No. 14-28]
Other than an emergent situation where reasonable traffic flows
or public safety are jeopardized, nothing in this section shall be
construed so as to prevent any owner or operator of a motor vehicle
from calling any tower or wrecker of his own choice. Nothing in this
section shall apply to persons who pick up disabled cars outside the
Borough of Elmwood Park and are in the course of taking the vehicles
to a garage or location either within or outside the Borough of Elmwood
Park. This section shall not apply to persons whose principal place
of business as tow truck operators is outside the Borough of Elmwood
Park who enter the municipality to pick up a disabled vehicle under
a contract for hire with any person engaged in the trucking or transportation
business or in the operation of fleets of vehicles.
[Ord. No. 14-28]
Any person, firm or corporation found guilty in the Municipal
Court of the Borough of Elmwood Park of a violation of the terms of
this chapter shall be subject to a fine not exceeding $500 or imprisonment
for a period not exceeding 30 days.
[Ord. No. 14-28]
a.
Pursuant to the provisions of N.J.S.A. 40A:11-5(1)(u), the Mayor
and Council shall annually establish a list of approved towing operators
to provide those towing services requested by the Borough of Elmwood
Park or any departments thereof. Such towing services shall be provided
on an equal and rotating basis. Any such towing operator on said list
may not delegate his, her or its responsibilities to another towing
operator not so listed.
b.
To qualify for such listing, the towing operator shall be the holder, in good standing, of a Borough license issued pursuant to Subsections 4-34.2 and 4-34.3 of this section and shall have reasonable and adequate motor vehicle storage facilities located within the Borough of Elmwood Park, or a storage facility within three miles of the Borough of Elmwood Park. A violation of any of the provisions of this section adjudicated in accordance with Subsections 4-34.7 and 4-34.8 of this section shall be deemed to constitute sufficient cause for the removal of such towing operator from such annual listing by the Mayor and Council.
[Ord. No. 14-28]
The following provisions shall apply to any towing operator, whether or not licensed by the Borough of Elmwood Park, when engaged by the owner or other person in control or possession of private property to remove an unauthorized vehicle therefrom pursuant to the provisions of N.J.S.A. 39:4-56.6 or Chapter 3 of the Code of the Borough of Elmwood Park, New Jersey.
a.
No vehicle shall be removed to a storage facility located at a distance
greater than three miles from the Borough of Elmwood Park.
c.
Whenever a vehicle is towed from private property, the Elmwood Park
Police Department shall be immediately notified as to the reason of
the towing; the year, make and license number of the vehicle; the
name and address of the owner, if known; the name and address of the
tower; and the address or location to which the vehicle was towed.
As used in this section:
Shall mean any person, partnership or corporation engaged
in the business of landscaping, as a primary occupation and shall
not include casual employment by minors or family members.
[Ord. No. 00-4 § 1]
[Ord. No. 00-4 § 2;
amended 5-20-2021 by Ord. No. 21-08]
[Ord. No. 00-4 § 3;
amended 5-20-2021 by Ord. No. 21-08]
The license fee shall be $25 for the first truck and $15 for
each truck thereafter per calendar year and no part of this fee shall
be prorated for any part of the year. Upon payment of fee, the Building
Department of the Borough of Elmwood Park shall issue an identification
badge or sticker for the calendar year for which the application was
filed, which shall be affixed to the vehicle visibly displayed.
[Ord. No. 00-4 § 4]
[Ord. No. 00-4 § 5]
All landscapers shall provide for the removal of lawn clippings
and other landscaping debris, excluding leaves, and shall not leave
or deposit any debris at the curbside or any other site in the Borough.
Any landscaper who causes lawn clippings or landscaping debris to
remain on the site or to enter into the Borough sewer and drainage
systems, or to remain at curbside or anywhere in the Borough shall
forfeit his license to conduct his landscaping business anywhere in
the Borough and shall also be subject to the penalties provided in
this section.
[Ord. No. 00-4 § 6]
Leaves shall be deposited at curbside only on the day before
the scheduled leaf collection.
[Ord. No. 00-4 § 7]
Enforcement shall be by the Elmwood Park Police Department,
the Department of Public Works Superintendent or its designee.
[1969 Code § 22-1]
a.
Every person, firm or corporation engaged in the business of constructing,
erecting, altering, repairing, restoring, reroofing, residing, moving
or demolishing the whole or any part of buildings or structures, or
engaged in the construction and installation of swimming pools, or
engaged in the business of erecting or altering signs, for any of
which a permit is required by the applicable ordinances of the Borough
of Elmwood Park, shall be required to register the name of such person
or firm or corporation with the Building Department.
b.
The owner or occupant of a building or structure applying for a permit
required herein shall not be required to register provided that he
intends to do and supervise his own work.
[1969 Code § 22-2; Ord. No. 02-19; Ord. No. 14-21]
All contractors and/or home improvement contractors performing
work in the Borough of Elmwood Park must be registered with the State
of New Jersey as required by law.
a.
Work on Sundays; Hours and Days and Times When Activities are Prohibited;
Exceptions.
1.
No contractor, as defined in this section or by the laws of the State
of New Jersey, shall be allowed to perform activities set forth herein
within the Borough of Elmwood Park on Sunday or on the following holidays,
unless an exemption is sought and obtained for such work from the
Construction Official, The Borough Clerk or the Governing Body. Homeowners
may perform work on their homes on Sundays during the hours of 12:00
noon through 6:00 p.m. provided that no work violates any of the Borough
noise ordinances.
(a)
Holidays:
New Year's Day
Memorial Day
Independence Day (July 4th)
Labor Day
Thanksgiving Day
Christmas Day
2.
Nothing contained in this section shall be considered as prohibiting
emergency repairs necessary for the preservation of health and safety
on Sundays or on the aforementioned holidays.
3.
During the days of Monday through Saturday, no activity shall commence
before 7:00 a.m. and shall cease by 6:00 p.m.
4.
The Borough shall be exempt from the aforementioned restrictions.
[1969 Code § 22-3]
a.
No person, firm or corporation shall be registered under this section or shall be reregistered after revocation of registration under Subsection 4-38.7 unless and until there is paid to the Construction Official to the order of the Borough of Elmwood Park a fee of $15.
b.
After registration and for as long as the registration is not revoked under Subsection 4-38.7, no subsequent fee shall be required.
c.
Any person, firm or corporation whose registration has been revoked
three times shall be presumed not able or proficient in his trade
and shall not be permitted to reregister.
[1969 Code § 22-4]
[1969 Code § 22-5]
For the purpose of this section there shall be the following
classes for registration:
a.
General Contractor. A contractor who is proficient in the construction
of a building or structure from start to finish and the alterations,
addition to or repair of any building or structure. This class of
contractor shall be equipped to handle such work either by and through
his own organization or appropriate subcontractors and, in the latter
event, must be completely responsible for his subcontractor's work.
b.
Contractor. A contractor who is proficient in the construction of
a building or structure from start to finish and the alteration, addition
to or repair of any building or structure. This class of contractor
shall be equipped to handle such work by and through his own work
or his own organization of employees.
c.
Roofing and Siding Contractor. A contractor who is engaged in the
business of, or who is proficient in the applying of roofing and siding
materials to existing or new buildings or structures.
d.
Demolition Contractor. A contractor who is engaged in the business
of, and who is proficient in, the demolishing of any building or structure
in the whole or in part.
f.
Swimming Pool Contractor. A contractor who is engaged in the business
of, or who is proficient in, the installation of swimming pools, their
equipment and appurtenances.
g.
Sign or Billboard Contractor. A contractor who is engaged in the
business of, or who is proficient in, the erection, alteration or
maintenance of signs or billboards.
h.
Miscellaneous Contractor. A contractor who is proficient in work
of a special character as determined by the Construction Official.
[1969 Code § 22-6]
a.
No permit shall be issued by the Construction Official for the erection,
construction, reconstruction, structural alteration or removal of
any building or structure to anyone except a duly licensed contractor
or his duly authorized agent, under the provisions of this section.
b.
Permits shall be granted to the actual owner of the premises and/or
individual who undertakes alone to do the work of a contractor or
his duly authorized agent for which work construction is to be done;
provided, however, the owner or his duly authorized agent shall sign
a statement that the work or construction for which the permit is
sought will be done by himself or one who undertakes alone to do the
work of a contract.
[1969 Code § 22-7]
The Construction Official shall revoke the registration of any
contractor licensed hereunder who shall be guilty of any one or more
of the following acts or omissions:
a.
Fraud or misrepresentation in the information given upon initial
registration or upon reregistration after revocation.
b.
Violation of the State Uniform Construction Code or of any other
ordinance or State Statute which governs the activities or nature
of work performed by the contractor.
c.
Filing of a voluntary petition in bankruptcy.
[1969 Code § 22-8]
a.
The Construction Official or any person, firm or corporation which
has entered into an agreement for work either verbal or written with
any contractor registered hereunder may prefer charges against any
registered contractor by the filing of a complaint with the Construction
Department. The complaint shall be in writing and signed by the person
filing it. The complaint shall contain a statement of facts setting
forth the specific charges relating to the violation of this section,
the State Uniform Construction Code, or any Borough ordinance or State
laws pertaining to building, construction or the registered contractor's
activities.
b.
Upon a complaint being filed in the manner and form herein prescribed,
the Construction Official shall forthwith issue a notice directing
the defendant contractor to file a written answer within 10 days after
the service of notice, answering to the charges or showing cause,
if any, why his registration should not be revoked. A copy of the
complaint shall be served with the notice.
c.
Failure of the defendant contractor to file a written answer may
be deemed an admission by him of the commission of the act or violations
cited in the complaint, and his license thereupon may be suspended
forthwith by the Construction Official without further evidence other
than the charges filed.
d.
In the event the defendant contractor shall file a written answer
within the item prescribed in the notice, a hearing shall be scheduled,
notice of which shall be served upon defendant no less than five days
prior to the date affixed for the hearing. The hearing shall be held
by and before the Construction Official who shall make all decisions
as to fact and law concerning revocation of the registration. At the
hearing the licensee shall have the right to appear personally or
by counsel and cross-examine witnesses against him and produce witnesses
and evidence in his behalf.
[1969 Code § 22-9]
Any person aggrieved by the action of the Construction Official
shall have the right to appeal to the Mayor and Council. Such appeal
shall be taken by filing with the Borough Clerk within 14 days after
notice of revocation, or other action complained of, a written statement
setting forth fully the grounds for appeal. The Mayor and Council
shall thereafter set a time and place for hearing the appeal upon
at least five days' prior notice to the appellant. The decision and
order of the Mayor and Council on such appeal shall be final and conclusive.
[1969 Code § 22-10]
Whenever notice is required to be given by this section, such
notice may be served by personal service upon any principal or agent
of the registered contractor, or by certified mail, return receipt
requested, to the last address listed in the Construction Official's
office in conjunction with the registration information. It shall
be the duty of each registered contractor to keep the Borough advised
of any change of address. Upon failure of a contractor to comply with
this requirement, any notice returned, with notation "unknown," "moved,"
or "not claimed," shall be deemed proper service of all notices required
by this section.
[1969 Code § 22-11]
Any person or his agent, servant, or employee who shall violate any of the provisions of this section, and any person, firm or corporation violating or assisting in the violation thereof, shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5. Every day that such person or his agent or employee shall fail to comply with the provisions of this section shall constitute a separate and additional offense.
[1969 Code § 22-12]
Any person, firm or corporation whose registration has been revoked under the provisions of Subsection 4-38.7 may reregister and have his or its name reentered upon the registration list upon filing with the Construction Department the following:
a.
Certification by the Construction Official to the effect that all
violations with reference to which conviction was secured have been
corrected or are nonexistent.
b.
Proof that all loss caused by the act or omissions for which the
registration was revoked has been fully satisfied and that all conditions
imposed by the decision of the revocation have been complied with.
c.
Payment of a reregistration fee of $15.
[Ord. No. 06-3 § I]
No person, as herein defined, shall place or permit to be placed
in any public area, as herein defined, in the Borough of Elmwood Park,
a construction dumpster or similar container commonly used for the
collection of building materials, except in compliance with the provisions
of this section.
[Ord. No. 06-3 § II;
amended 5-21-2020 by Ord. No. 20-14]
As used in this section, the following terms shall have the
following meanings indicated:
A container or debris-transfer body commonly used for the
placing or collection of debris and building materials during construction
or renovation.
The Police Department and Building Department of the Borough
of Elmwood Park.
The Police Department or the Building Department of the Borough
of Elmwood Park.
Includes any person, firm, partnership, association, corporation,
company, organization or entity of any type.
Includes any street, sidewalk, highway, public lane, alley,
Borough parking lot or other public place in the Borough.
Any residential zone, as defined in Chapter 34, Zoning and Site Plan Review, of the Borough of Elmwood Park Code.
[Ord. No. 06-3 § III]
No person shall place or utilize or permit a dumpster to be
placed or utilized in a public area in the Borough of Elmwood Park
without first having obtained a permit therefor.
[Ord. No. 06-3 § IV;
amended 5-21-2020 by Ord. No. 20-14]
a.
Any person seeking to place, permit to be placed or utilize a dumpster
in a public area in the Borough of Elmwood Park shall do so only after
having obtained a permit from the Building Department of the Borough
of Elmwood Park. In order to obtain a permit, an application for a
permit, on a form to be furnished by the Building Department of the
Borough of Elmwood Park, shall be filed, and the appropriate fee shall
be paid.
b.
The application shall require that the applicant specify the exact
proposed location of the dumpster, the size and capacity thereof,
the length of time that said use is required and the contemplated
use of the dumpster.
c.
The fee for obtaining a permit to place a dumpster in a public area
shall be $50. The permit shall be issued for a term not to exceed
seven days and may be renewed once upon the written request of the
applicant without the filing of a new application but upon payment
of an additional fee, a renewal fee in the amount of $50.
d.
No dumpster in excess of 30 yards shall be permitted in the public
area of the Borough of Elmwood Park. The permit shall be issued for
a specific period of time based on the estimate of the applicant at
the time the application is filed.
e.
At the time the application is filed, each applicant shall furnish
the Borough of Elmwood Park with a certificate of insurance containing
limits of at least $100,000/$300,000 for bodily injury and $100,000
for property damage, which shall name the Borough of Elmwood Park
as an additional insured and which shall be noncancelable during the
permit period.
f.
Each applicant for a permit to place a dumpster in a public area
shall furnish the Borough of Elmwood Park with sufficient surety to
be determined by the Borough Engineer to guaranty against damage to
the streets, curbs and sidewalks or other improvements in the public
right-of-way.
g.
No dumpster shall be placed in a public area more than 24 hours prior
to commencement of construction, and it shall not remain therein more
than 24 hours subsequent to construction being completed.
h.
No permit shall be issued if the Police Department and Building Department
determine that issuance of a permit will constitute a danger to public
safety or an unwarranted interference with the efficient movement
of traffic.
i.
A permit may be revoked at any time during its term if the Police
Department and Building Department of the Borough of Elmwood Park
determine that the placement or use of a dumpster constitutes a hazard
to the health, safety or welfare of the citizens of the Borough of
Elmwood Park or for any other reason constitutes a nuisance.
j.
The Mayor and Council of the Borough of Elmwood Park may exempt from
all but the safety requirement of this chapter any persons contracting
with the Borough.
[Ord. No. 06-3 § V;
amended 5-21-2020 by Ord. No. 20-14]
a.
No dumpster shall be placed in a public area in a residential zone
unless it is determined by the Building Department that there is not
sufficient room on the private property of the person utilizing the
dumpster to place the dumpster and, therefore, the dumpster is required
to be placed in a public area. No dumpster placed on private property,
otherwise unregulated by this section, shall impede the flow of pedestrian
or vehicular traffic or safety sight lines.
b.
Dumpsters may be placed in public areas only upon the determination
of the Building Department that there is no safe or practical place
where the dumpster may be placed other than in the public area.
c.
All dumpsters placed in public area are required to comply with the
following conditions:
1.
Planking or wood sheeting of sufficient size is required to be placed
under the wheels or road contact area to protect the roadway from
damage. If the dumpster has wheels, they must be chucked to prevent
movement.
2.
Flashing, warning, amber, barricade-mounted lights are required to
be placed in the dumpster to provide a visual warning to those utilizing
the roadway or public right-of-way. The lights are required to be
operable at all times.
3.
No dumpster shall be permitted in a public area where the placement
of it interferes with the free and safe flow of traffic or which otherwise
stands in a hazardous location.
4.
Dumpsters shall not be permitted to be placed in a public area on
certain designated holidays, sale days and special event days that
occur from time to time during the year.
d.
Upon removal of the dumpster, the public area shall be swept clean
of all loose debris and restored to its former condition in accord
with the standards of the Borough of Elmwood Park Engineer.
e.
All dumpsters shall at all times be kept in good repair and shall
be structurally sound and leakproof and shall be painted as to prevent
rust or deterioration and shall be constructed to stand firmly upright.
f.
All dumpsters placed on private property shall be required to comply
with the following conditions:
[Ord. No. 06-3 § VI;
amended 5-21-2020 by Ord. No. 20-14]
Each day that a dumpster is placed or utilized in violation
of the terms of this section shall constitute a separate offense.
Each offense hereunder shall be punishable by a minimum of $50.
[Ord. No. 09-12 § 1]
No person or entity shall operate a limousine business or limousine
service with its principal place of business within the Borough without
applying for and obtaining a license for that business or service,
and complying with the terms of N.J.S.A. 48:16-3, et seq. No person
or entity shall operate such a business/service without a current
license in place.
[Ord. No. 09-12 § 1]
Any person or entity proposing to operate a limousine business
or service with its principal place of business within the Borough
shall annually apply to the Borough Clerk for a limousine license.
That application and submission shall include but not be limited to
the following requirements and information.
a.
A complete listing, including make, license number and VIN number,
of all vehicles to be used in the limousine business/service, including
proof of ownership and registration. If the vehicle is leased, a true
copy of the lease must be supplied.
b.
An original policy of insurance providing insurance coverage for
all said vehicles and the limousine business/service, in the form
and amount required under N.J.S.A. 48:16-14.
c.
A complete and detailed description of the place and location where
the limousine business/service shall be operated, the number of employees
working on site, the approximate number of drivers operating vehicles
from the site daily and the approximate hours of their arrival and
departure, the location of where vehicles are serviced and maintained,
and the location where vehicles are parked daily and overnight; include
also any and all supporting evidence or proof that the operation of
a limousine business/service at this location is a legal permitted
use at this location and there is appropriate and available space
for the parking of the vehicles required for the business/service.
d.
The names, residence and business addresses of the owners/principal
operators of the business/service, a certification by the owner/applicant
and the officers and principal operator of the applicant as to whether
each has ever been convicted of any crime or violation of any Federal
or State law, and/or convicted of any moving traffic violations in
the preceding 10 years (including the offense and the penalty assessed),
and a consent to the Police Department to conduct a criminal history/driver's
license check of each owner/principal operator. The applicant shall
supply proofs or forms of identity as determined appropriate by the
Borough Clerk or Police Department as to each owner/principal operator
of the business/service.
e.
Payment of the license fee in the maximum amount permitted as per
N.J.S.A. 48:16-17 for each limousine to be licensed. In the event
the license is denied, the Borough may retain the fees, or a portion
thereof, as a nonrefundable application fee.
f.
A copy of the power of attorney wherein the owner appoints the Director
of the Motor Vehicle Commission as his true and lawful attorney for
the purpose of receiving and acknowledging service of process.
g.
Proof of incorporation and/or partnership, by a copy of the certificate
and proof of good standing.
h.
Any other information or documentation deemed appropriate or necessary
by the Borough Clerk and/or Police Department to review the application.
[Ord. No. 09-12 § 1]
The Borough Clerk will review the application, in consultation
with the Police Department and Zoning Officer, and, upon a determination
that the limousine business/service is at a permitted location and
is qualified, may issue a license showing that the owner of the limousine
has complied with the terms hereof, reciting the name of the insurance
company, the number and dates of the policy, and the description and
registration number of the licensed limousine.
[Ord. No. 09-12 § 1]
Every license issued pursuant to this section shall expire at
12:00 midnight of the 31st of January of the year next succeeding
in which it was issued, unless sooner surrendered, suspended or revoked.
Application for renewals of licenses should be filed by December 31
of the year of issuance.
