Township of West Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
Editor's Note: See also Chapter 7 for General Licensing provisions. See also the separate Board of Health Code.
[1993 Code § 86-1]
No person shall engage in the operation of an establishment where one or more machines or devices are offered for public use which, upon insertion of a coin, coins or token or by other means, provide self-service dry-cleaning facilities without first having applied to and procured a permit from the Board of Health of the Township of West Caldwell or without complying with any and all of the provisions of the Coin-Operated Dry-Cleaning Establishment Code of New Jersey (1962) as adopted or amended by the Board.
[1993 Code § 86-2]
Application for a permit shall be made in conformity with the provisions of the Coin-Operated Dry-Cleaning Establishment Code of New Jersey (1962) as adopted or amended by the Board of Health, and such permit shall not be transferable.
[1993 Code § 86-3]
The annual permit fee shall be $25 per year.
[1993 Code § 86-4]
No provision of this section shall be construed to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
[1993 Code § 102-1; New]
No person shall operate a retail food establishment or engage in the operation of, or permit to be maintained a food or beverage vending machine, as defined in Chapter 12 of the New Jersey State Sanitary Code entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," without having first obtained a license.
[1993 Code § 102-2; New]
In addition to the requirements contained in Chapter 7, Section 7-1, Licensing Procedures, each application for a license under this section shall be investigated by the Township Health Officer, who shall report his findings in writing to the Mayor and Council within a reasonable time. No license shall be issued unless the Health Officer reports that the applicant conforms to all provisions of the aforementioned Chapter 12 of the New Jersey State Sanitary Code.
[1993 Code § 199-4]
No provision of this section shall be construed to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
[Ord. No. 1226]
Spills and the discharge and release of hazardous substances constitute a danger to the health, safety and welfare of the municipality and its citizens. The response by the municipality to such incidents necessitates expenditures for personnel and equipment and for the storage, treatment, transportation and/or disposal of hazardous substances, and imposes a significant financial burden upon the township.
[Ord. No. 1226]
DISCHARGE
Shall have the meaning set forth in the Discharge of Petroleum and Other Hazardous Substances Regulations, N.J.A.C. 7:1E, and/or those which have been determined as hazardous by the Secretary of Transportation under Title 49 and the NFPA Hazardous Materials Guide Book.
RESPONSE AGENCY
Shall mean any unit providing assistance to the township, either by contract, mutual aid, or other means, in response to a release as described in subsection 14-4.3.
RESPONSIBLE PARTY
Shall be (1) any person whose act or omission results or has resulted in a discharge; (2) each owner or operator of any facility, vehicle or vessel from which a discharge has occurred; (3) any person who owns or controls any hazardous substance which is discharged; (4) any person who has directly or indirectly caused the discharge; (5) any person who has allowed a discharge to occur; or (6) any person who brokers, generates or transports the hazardous substance discharge.
[Ord. No. 1226]
In the event there occurs a spill, discharge, leakage or any other type of release of hazardous substances onto any private or public property, including waterways, roadways, or any other place in the municipality, the responsible party(ies) shall be responsible for all reasonable costs associated with and necessitated by the township's response thereto, including, but not limited to, costs of labor, equipment, materials, supplies, containment, storage, transport, disposal, permits and any other expense reasonably related to the response by the township or by the township's appointed response agency.
[Ord. No. 1226]
Upon the conclusion of response, containment and/or clean-up efforts, the municipal departments involved in the response shall prepare an accounting of all costs and expenses associated with the response, including but not limited to, a pro rata cost for personnel time, equipment, materials supplies and any other expense reasonably related thereto. The accounting shall be presented in writing as soon as practicable to the municipal Finance Officer and Township Clerk/Administrator for verification and approval, and shall then be transmitted to the responsible party for reimbursement to the township. The responsible party(ies) shall be strictly, jointly and severally responsible for reimbursing the township for the costs within 60 days of notification by the township.
[Ord. No. 1226]
Any responsible party(ies) found liable under the terms of subsection 14-4.3, who fail to reimburse the township for all costs within the time set forth will each be subject to a fine of not less than $50 nor more than $500 per day or by imprisonment for a period of not more than six months or both. This penalty is in addition to the requirement of full restitution, as described herein, which shall be applied with interest at the rate of 18% per annum beginning the 61st day after notification of the township.
[Ord. No. 1241]
In view of the indiscriminate sales of cigarettes to minors by automatic vending machines all cigarette vending machines are hereby prohibited in all retail establishments in the Township of West Caldwell.
[Ord. No. 1241]
Any person owning, operating, renting or permitting the use of a cigarette vending machine on retail premises under his control shall be subject to a fine of $250. Each day on which such a machine is owned, operated, rented or permitted on the premises shall result in an additional fine.