Borough of Moonachie, NJ
Bergen County
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Table of Contents
Table of Contents
Editor's Note: The general power to license and to prescribe license fees is contained in R.S. 40:52-1.2. Licensing is also a part of the general police power granted by R.S. 40:72-3 and R.S. 40:48-2.
For licensing of retail food establishments see Appendix B.
[Ord. #82-1; 1970 Code § 5-1.1]
The purpose of this section is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the Borough, except alcoholic beverage licenses and dog licenses.
[Ord. #82-1; 1970 Code § 5-1.2]
All applications for licenses shall be made to the Borough Clerk on forms provided by him, and shall contain the following information:
a. 
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
b. 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
c. 
If a vehicle is to be used, its description including the license number.
d. 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
e. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
f. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
g. 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed.
h. 
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
i. 
The applicant shall be fingerprinted if the Chief of Police determines that fingerprints are necessary for proper identification. Fingerprint records shall be immediately processed for classification and identification.
j. 
Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner. Applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
[Ord. #82-1; 1970 Code § 5-1.3]
Each application shall be referred to the Chief of Police or a police officer designated by him, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity as he considers necessary for the protection of the public. He shall communicate his findings in writing to the Borough Clerk within a reasonable time after the application has been filed. If the investigator decides that the applicant's character, ability or business responsibility is unsatisfactory, or the products, services or activity are not free from fraud, he shall disapprove the application and the Clerk shall refuse to issue the license and so notify the applicant. Otherwise, the Clerk shall issue the license immediately, provided the required license fees have been paid and except in cases where approval of the Mayor and Council is required. In the case of an application for a solicitor's, peddler's or canvasser's license, the license may be issued immediately subject to investigation.
[Ord. #82-1; 1970 Code § 5-1.4]
Licenses shall be in a form which the Mayor and Council shall prescribe by resolution, and shall contain the following information:
a. 
The name and address of the licensee.
b. 
The number and type of the license and the nature of the licensed activity.
c. 
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
d. 
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
e. 
The expiration date of the license.
f. 
Any other appropriate information which the Mayor and Council may require by resolution.
[Ord. #82-1; 1970 Code § 5-1.5]
The Borough Clerk shall keep a record of all licenses issued under this Chapter. The record shall be in a form prescribed by resolution of the Mayor and Council and shall contain the same information as is required by subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the license fee and the date upon which payment was received, the date of issuance, whether the license is new or is a renewal, and any other information which the Mayor and Council may require by resolution.
[Ord. #82-1; 1970 Code § 5-1.6]
When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases the licensee shall have the license in his possession at all times and shall display it upon the request of any police officer or any person with whom he is doing business.
[Ord. #82-1; 1970 Code § 5-1.7]
Each license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place in cases where the licensed activity is conducted at a fixed location, but only with the approval of the Mayor and Council by resolution.
[Ord. #82-1; 1970 Code § 5-1.8]
a. 
Except where expressly provided otherwise, all licenses shall expire on December 31, of the year of issue at 12:00 midnight. Applications for renewal of licenses shall be made not later than December 1 of the year of issue.
b. 
When an application for a license is made during the course of any calendar year, the fee shall be prorated to the nearest month. Any period of time greater than 1/2 a month shall be considered a full month for this purpose.
[Ord. #82-1; 1970 Code § 5-1.9]
Any license or permit issued by the Borough may be revoked by the Mayor and Council after notice and a hearing for any of the following causes:
a. 
Fraud or misrepresentation in any application for a permit or license.
b. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
c. 
A violation of any provision of this Code.
d. 
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
e. 
Conduct of the licensed activity, whether by the licensee himself or his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to public health, safety or general welfare.
f. 
Whenever a license has been issued immediately on application, pending the results of investigation, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the license.
[Ord. #82-1; 1970 Code § 5-1.10]
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Borough Clerk and shall specifically set forth the grounds on which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
[Ord. #82-1; 1970 Code § 5-1.11]
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses on his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Mayor and Council shall revoke or suspend the license if they are satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
[Ord. #82-1; 1970 Code § 5-1.12]
The Mayor and Council may issue another license to a person whose license has been revoked or denied if after hearing they are satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
[Ord. #82-1; 1970 Code § 5-1.13]
The Borough Clerk shall establish the character of any new business application by eliciting a declaration of intention of all new businessmen as to whether they intend to remain within the Borough temporarily or longer than a period of one year, and by requiring the filing of a bond in an amount equal to 25% of the value of the applicant's stock, but in no event shall the bond be less than $1,000 in amount.
The bond shall be declared forfeited upon conclusive proof of falsification in the application for license, willful violation of an ordinance, State or Federal law, or removal from the Borough within a year after opening the business premises without payment of the license fee or fees required of itinerant and transient vendors as established in subsection 4-2.4 of this Chapter. The bond of every merchant continuously conducting a vending business for more than one year shall be surrendered, and no further bond shall be required of him under this Chapter.
[Ord. #82-1; 1970 Code § 5-1.14]
The Mayor and Council may, by resolution, make rules and regulations which interpret or amplify any provision of this Chapter or for the purpose of administering the provision of this Chapter or making them more effective. No regulation shall be inconsistent with, alter or amend any provision of this Chapter and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this Chapter.
[Ord. #82-1; 1970 Code § 5-1.15]
Nothing in this Chapter shall apply to or require the payment of a fee by any charitable or religious society or social organization where the proceeds from conducting such business or purpose shall be applied to the payment of the expenses thereof and to the charitable or religious objects of such society or for the benefit of such social organization for which the charitable or religious society or social organization exists; provided, however, that the license for such business or purpose shall be granted solely by express resolution of the Borough Council.
[Ord. No. 2003-13; Ord. No. 2016-3]
Games of chance, commonly known as "Bingo" and "Raffles" as provided by the Laws of the State of New Jersey of 1954, Chapter 5:8-58, may be conducted in the Borough of Moonachie on the first day of the week, commonly known and designated as Sunday, provided that the applicant for the license to conduct such game, otherwise qualifies under the provisions of the Statutes of the State of New Jersey and the rules and regulations of the Legalized Games of Chance Control Commission, and, specifically, provided that the organization conducting games is a charitable, religious or other organization qualifying under the provisions of the Statute.
The Borough Clerk is hereby delegated the authority to act as the "issuing authority" to approve the granting of bingo and raffle license in accordance with the Bingo Licensing Law and Raffles Licensing Law, as administered by the Legalized Games of Chance Control Commission.
[1]
Editor's Note: Prior ordinance history includes Ordinance Nos. 7, 46, 82-1 and prior code §§ 5-2.15-2.4.
[Ord. #95-17]
It has been determined by the Mayor and Council that the unregulated and uncontrolled operations of transient merchants, peddlers and hawkers within the Borough of Moonachie present a serious health and safety hazard affecting the public welfare.
[Ord. #95-17, § 4-2.1]
For the purpose of licensing and regulations under this Code, it shall be in the discretion of the Borough Clerk to determine whether a merchant shall be classified as a transient merchant or transient merchant peddler, or permanent merchant or peddler. The Clerk shall consider as prima facie proof of the permanency of a merchant's peddler business the presentation of a tax bill for real property in the name and address of the applicant, if the address is the same as the address for which the application is made.
[Ord. #95-17, § 4-2.2]
Peddlers, dealers or their agents selling and/or delivering any item not specifically set forth herein pursuant to any State license shall pay to the Borough of Moonachie the sum of $200 for each vehicle. Such other items shall include, but are not limited to, coffee, tea or other hot beverages; sandwiches, hot dogs, hamburgers or the like; and/or sodas and other cold drinks; and/or other breakfast and luncheon-type food. Said license fee shall be due and payable to the Borough of Moonachie, State of New Jersey at Borough's office with the application. The license shall take effect immediately upon the issuing of same by the Borough Clerk after satisfactory acceptance of the application by the Mayor and Council and shall expire on the 31st day of December of that year. Said license may be renewed on or before the first day of January of each year thereafter upon the payment of the license fee herein mentioned and satisfactory acceptance of the yearly application.
[Ord. #95-17, § 4-2.3]
a. 
Notwithstanding any provisions contained in subsection 4-2.2 to the contrary, a transient merchant, peddler or hawker must be "mobile" or "transient" by definition. If said merchant, peddler or hawker does not move his location the distance of 250 feet at least once every two hours, not to return to the prior location for a period of at least one hour he will be presumed not to be mobile for the purposes of this section, and therefore be subject to the provisions of Section 4-5.
b. 
The transient merchant, peddler or hawker shall not service any one location for more than four hours in total during any twenty-four-hour period in order to be presumed as itinerant for purposes of this section. No peddler, transient merchant or hawker shall have any exclusive right to any location or remain at any fixed location for a period in excess of 120 minutes at any one time. Peddlers shall service only the personnel or pedestrian traffic which are employed or otherwise engaged by the actual premises or site being visited and serviced at the time by the peddler, transient merchant or hawker.
[Ord. #95-17, § 4-2.4]
No licensee under this section shall offer for sale any merchandise, food, beverage or other goods at any of the following locations within the Borough of Moonachie at any time:
a. 
On any streets located in any residential zone within the Borough of Moonachie. Mobile ice cream vendors shall be excluded from this restriction.
b. 
Within 250 feet of the nearest restaurant or food service establishment.
c. 
On any right-of-way, easement or property owned, or leased by the Borough of Moonachie or the County of Bergen.
[Ord. #95-17, § 4-2.5]
The license to peddle, sell and deliver goods, wares, merchandise, and food products as stated herein does not authorize service upon the highways or approaches thereto to occupants of vehicular traffic stopped or standing for the particular purpose of purchasing products from the licensee. All such peddling is hereby prohibited.
[Ord. #95-17, § 4-2.6]
All persons owning such vehicle licensed as aforesaid shall be assigned and furnished with a certificate by the Clerk of the Borough of Moonachie for such vehicle, which certificate shall be securely fastened by nails, screws or rivets in plain view on such vehicle, shall at no time be removed therefrom or be attached to any other vehicle, after having once been fastened thereto without the written permission from the Clerk of the Borough of Moonachie.
a. 
The Borough Clerk shall issue to the person, firm or corporation, on applying and paying for such license, a certificate showing the payment of such license fee, and in such certificate, it shall state that such license shall expire on the 31st day of December following such issuance and payment and that it shall be unlawful for any person or persons, firm or corporations or their agents or representatives to manage or conduct any business or use any vehicle required to be licensed or to aid or assist as an employee, clerk or otherwise in carrying on such business or use any vehicle unless such license fee has been paid and such certificate obtained for such vehicle is in full force and effect.
b. 
Each licensee shall annually submit the route of its vehicle or vehicles at the time of the renewal of its license. Any deviation from the route set forth therein shall constitute a violation of this section. Said route shall be subject to approval annually by the Mayor and Council.
c. 
Every licensee hereunder shall provide to the Borough Clerk proof of acquisition of all other necessary licenses and approvals from any other applicable governmental entity.
d. 
All food service vehicles shall be inspected by the Board of Health Inspector twice during the license period (January and July), at which time a satisfactory determination shall be required by the inspector in order for the license to remain valid and in full force and effect.
[Ord. #95-17, § 4-2.7]
The applicant shall disclose the name or names and residences of the owners or persons in whose interest such business is conducted; and the average quantity, kind, and value of the stock of goods, wares, merchandise, food products, intended to be sold or exposed in the Borough. The applicant shall also give the names and street addresses of persons, or corporations which supply the products to be offered for sale. The application shall also contain the applicant's N.J. State Sales Tax Identification Number and proof that the applicant has complied with the minimum prepaid provisions of said Sales Tax Law.
Where said license involves the operation of a motor vehicle, the following information shall be supplied:
a. 
The names, addresses and driver's license numbers of all persons using said vehicle.
b. 
All convictions for motor vehicle violations for period of five years antedating the date of the application indicating the pertinent details.
c. 
All convictions for criminal offenses.
[Ord. #95-17, § 4-2.8]
No person, firm, corporation or corporations, agents or representatives or other persons shall transact any business under the license granted under this section, except the business for which the license is specifically granted.
[Ord. #95-17, § 4-2.9]
Any person or persons, firms or corporations or their agents or representatives who violate any of the provisions of this section shall, upon conviction thereof, be subject to one or more of the following:
a. 
A fine not exceeding $1,000;
b. 
Imprisonment in the County jail for a term not exceeding 90 days;
c. 
A period of community service not exceeding 90 days, for each offense.
Any repetition of any act herein prohibited on any one day following such arrest or conviction shall be deemed a new offense.
In addition to the above, failure to comply with the terms and provisions of this section may subject the licensee to the suspension and revocation of license provisions of subsection 4-1.9 et seq.
[Ord. #95-17, § 4-2.10]
The Police Department is authorized and directed to enforce this section along with other Borough Officials designated by the Mayor and Council including but not limited to the Borough Construction Official, Health Officer or Recycling Coordinator and to enforce all necessary and lawful regulations as may best protect the residents and those employed within the Borough.
[Ord. #95-17, § 4-2.11]
The provisions of this section shall not apply to:
a. 
Sales of goods, wares or merchandise by sample catalogue or brochure for future delivery.
b. 
Any general sale, fair, auction or bazaar sponsored by any civic, fraternal, educational or religious organization.
c. 
Garage sales held on the premises devoted to residential use.
d. 
Any athletic activity authorized by permit issued by the Borough.
[Ord. #95-17, § 4-2.12]
In addition to the requirements of Section 4-2 et seq. applicants shall maintain and produce proof of insurance coverage in the minimum amounts of $100,000 per person and $300,000 per occurrence for general liability purposes including product's liability; and $50,000 for property damage. The Borough of Moonachie shall be named as an additional insured on all such insurance policies. The insurance coverages shall not be terminated or cancelled prior to the expiration date thereon unless 30 days advance written notice is provided to the Borough of Moonachie by the insurer. In the event that such insurance coverage is terminated or cancelled, then said license shall be void and invalid until proof of coverage is provided by the applicant.
[Ord. #95-17, § 4-2.13; Ord. #96-2, § 1]
Each application for a license shall be accompanied by a cash bond or a surety bond issued by a corporate surety authorized to do business in the State of New Jersey in the amount of $1,000. The surety bond shall be in favor of the Borough and shall assure the payment by the applicant of all taxes that may be due from the applicant to the State of New Jersey or any political subdivision of the state; the payment of any fines that may be assessed against the applicant or its agents or employees for violation of the provisions of this section; the satisfaction of all judgments that may be rendered against the applicant or its agents or employees in any cause of action commenced by the purchaser of goods, wares, merchandise or services within one year from the date of the sale by such transient merchant; and/or the satisfaction of any judgment on file arising out of litigation initiated by the New Jersey Attorney General, the Division of Consumer Affairs, the New Jersey Office of Consumer Protection, the Bergen County Office of Consumer Affairs or any individual pursuant to the provisions of N.J.S.A. 56:8-1 et seq. The bond shall be maintained so long as the transient merchant conducts business in the Borough of Moonachie and for a period of one year after the termination of such business and shall be released only when the transient merchant furnishes satisfactory proof to the Borough Clerk that it has satisfied all claims of purchasers of goods, wares, merchandise or services from such merchant and that all state and local sales taxes and fees have been paid.
[Ord. #95-17, § 4-2.14]
a. 
Notwithstanding anything contained herein to the contrary, no more than two licensees under this section can operate at any given intersection at the same time.
b. 
No person regulated hereunder shall set up, maintain or permit the use of any table, crate, sign, carton, rack or other device to increase the selling or display capacity of the vending unit. No person regulated hereunder shall stack or place the items offered for sale upon any sidewalk, street or upon the ground. All materials, signs and/or other items offered for sale shall be located solely on or within the vending unit.
[Ord. #95-17, § 4-2.15]
If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to that section, paragraph, subdivision, clause or provisions as adjudged and the remainder of this section shall be deemed to be valid and effective.
All ordinance or parts of ordinance inconsistent herewith are hereby repealed.
Nothing herein can be construed to allow the violation of any parking or zoning or any other rules, regulations or ordinances of the Borough of Moonachie.
[Ord. #82-1; 1970 Code § 5-3.1]
As used in this section:
PEDDLER
Shall mean and include any person, whether a resident of the Borough or not, travelling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit ices, soda water, garden farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. The word "peddler" shall include the words "hawker" and "huckster".
[Ord. #7, §§ 1 & 2; Ord. #82-1; 1970 Code § 5-3.2]
It shall be unlawful for any person to engage in the business of peddler within the Borough without first obtaining a license.
[Ord. #46, § 1; Ord. #82-1; 1970 Code § 5-3.3; Ord. #89-14; Ord. #92-20; Ord. #95-17]
The fee for a peddler's license shall be $200 and no portion of the fee shall be prorated for any part of the year.
[Ord. #82-1; 1970 Code § 5-3.4]
After 9:00 p.m., no peddler, or any person in his behalf, shall shout, cry-out, blow a horn, ring a bell or use any sound device, including any loudspeaker, radio or sound amplifying system, on any of the streets, alleys, parks or other public places of the Borough or on any private premises in the Borough where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which the licensee proposes to sell.
[Ord. #82-1; 1970 Code § 5-3.5]
No peddler shall have an exclusive right to any location, nor shall be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[Ord. #82-1; 1970 Code § 5-3.6; Ord. #90-4]
No person shall sell, offer for sale, hawk or peddle in the Borough any of the items listed in subsection 4-3.1 after 9:00 p.m. from the month of May through October and 6:00 p.m. from November through April.
[Ord. #82-1; 1970 Code § 5-3.7]
It shall be the duty of any police officer of the Borough to require any person seen peddling who is not known by such officer to be licensed, to produce his peddler's license and to enforce the provisions of this section against any person found to be violating the same.
[Ord. #62-12; Ord. #82-1; 1970 Code § 5-4.1]
As used in this section:
CANVASSER OR SOLICITOR
Shall mean any individual, whether a resident of the Borough or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the Borough for the sole purpose of exhibiting samples and taking orders for future delivery.
[Ord. #62-12; Ord. #82-1; 1970 Code § 5-4.2]
It shall be unlawful for any solicitor or canvasser to engage in business within the Borough without first obtaining a license.
[Ord. #69-12; Ord. #82-1; 1970 Code § 5-4.3]
Applications for license shall be filed with the Borough Clerk, and which in addition to the requirements in subsection 4-1.2, shall contain the following information:
a. 
The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery.
b. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
At the time of filing the application, a fee of $10 shall be paid to the Clerk to cover the cost of investigation of the facts stated therein.
[Ord. #69-12; Ord. #82-1; 1970 Code § 5-4.4; Ord. #89-14; Ord. #92-20]
The fee for a solicitor's or canvasser's license shall be as follows:
1993
1994
1995
$36
$39
$43
[Ord. #69-12; Ord. #82-1; 1970 Code § 5-4.5]
The Clerk shall issue to each licensee at the time of delivery of his license a badge on which shall be printed the words "Licensed Solicitor", the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of 10 feet. Such badge, during the time the licensee is engaged in soliciting, shall be worn conspicuously on the front of his outer garment.
[Ord. #69-12; Ord. #82-1; 1970 Code § 5-4.6; Ord. #90-4]
No soliciting or canvassing activities shall be conducted later than 9:00 p.m. from the month of May to October and 6:00 p.m. from November through April.
[Ord. #98-1, § 1]
a. 
Peddling, Soliciting and Canvassing by Children; Exceptions. No child under the age of 18 years shall go door to door within the Borough of Moonachie for the purpose of peddling, soliciting or canvassing, as those terms are used and defined in this Chapter, unless accompanied by a parent or guardian or an adult supervisor 21 years of age or older.
b. 
Prohibition to Knowingly Suffer or Permit. No parent, guardian or other person having legal charge over a child under 18 years of age shall knowingly suffer or permit such child to go door to door within the Borough of Moonachie for the purpose of peddling, soliciting or canvassing, as those terms are used and defined in this Chapter, except as provided in paragraph a above.
c. 
Inducement Prohibited. No person, organization, corporation or other legal entity shall induce a child under the age of 18 years to go door to door within the Borough of Moonachie for the purpose of peddling, soliciting or canvassing, as those terms are used and defined in this Chapter.
1. 
By distributing to such children goods or merchandise to be sold door to door, or
2. 
By requesting such children, either in writing or orally, to go door to door for the purpose of peddling, soliciting or canvassing, or
3. 
By offering such children prizes or awards for such door to door peddling, soliciting or canvassing unless prior thereto each such child is personally served with a copy of this subsection and without first obtaining a signed written statement from the parent, guardian or legal representative of each such child acknowledging receipt of such subsection, that they have read and understand said subsection and giving their permission for their child or ward to go door to door for the purpose of peddling, soliciting or canvassing. Said written and signed statements shall be filed with the Borough Clerk for a period of not less than six months following the conclusion of the door to door peddling, soliciting or canvassing for which the signed statements were obtained by the person, organization, corporation, or other legal entity responsible for inducing a child under the age of 18 years to go door to door peddling, soliciting or canvassing prior to the commencement of such door to door peddling, soliciting or canvassing by such children.
d. 
Exceptions. Nothing contained herein is intended nor shall it be construed to prohibit children below the age of 18 years from going door to door within the Borough of Moonachie (a) for the purpose of soliciting treats on Halloween, commonly known as Trick or Treating, and (b) for the purpose of distributing leaflets, flyers, pamphlets, newspapers, periodicals, or other written material, not involving personal contact with the intended recipient.
e. 
Penalties. Any person who violates any provision of this subsection shall, upon conviction thereof, be punished by a fine not less than $100 nor exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both.
[Ord. #82-1; 1970 Code § 5-5.1; Ord. #89-14; Ord. #92-20; Ord. #94-1; Ord. #2005-15, § 1]
a. 
Any person or persons, corporation or corporations desiring to operate and open any public place of amusement, dance hall, moving picture show, other than drive-in movie, traveling or other show, street exhibition, circus, carnival, bowling alley within the limits of the Borough shall be required to take out a license therefor before operating or opening any such show or place of amusement, and if any such show or place of amusement shall be open or in operation at the time of the passage of this section without a license or permit having been granted therefor by the Borough Council or its agents duly authorized, the proprietors thereof or person or corporation operating the same shall take out such license within 10 days after the final passage of this section; provided, however, that nothing in this section shall apply to shows, entertainments or exhibitions for charity or instruction.
b. 
No person or persons, corporation or corporations shall conduct or maintain a restaurant or place of supplying meals or eatables to be eaten or consumed on the premises or conduct or maintain a refreshment stand without having first taken out a license for same, and if any restaurant or refreshment stand shall be open, or place of supplying meals or eatables as aforesaid, at the time of the passage of this section, then such license shall be taken out within 10 days after the final passage of this section.
c. 
Stores and Food Markets or Establishments.
1. 
No person or persons, corporation or corporations shall conduct or maintain a store or retail or wholesale outlet for the sale of meats, groceries, provisions or any food products, including but not limited to meat markets, bakeries, delicatessens, food markets, whether or not they manufacture and make their own products, caterers and confectionery stores which shall be deemed to include any stores for the sale of candy, ice cream, soda and related products, without first having obtained a license for the same, and if any such establishment shall be open at the time of passage of this section, then such license shall be taken out within 10 days after the final passage of this section. All licenses shall be issued by the Borough Council upon application for the same, signed by the applicant and stating where the store or establishment is to be conducted, including the street and number where the store or establishment is located or to be conducted. All licenses shall be subject to compliance with the regulatory provisions of the Code of the Borough.
2. 
The license fee for the establishments described in subparagraph c, 1 above shall be as follows:
(a) 
Wholesale/Supermarkets: $475
(b) 
Mini-Marts/Convenience Stores: $125
(c) 
Delicatessen: $125
(d) 
Mobile Vendors: $200
(e) 
Bakery/Retail: $150
d. 
The license fee for restaurants, which shall include luncheonettes, diners, taverns, pizza kitchens, and all similar establishments which provide for the serving of food to the public, shall be as follows:
1. 
Restaurants
Capacity:
1-50
$125
51-100
$225
101-150
$325
151-200
$425
201+
$525
2. 
Cafeteria's in Commercial Establishments:] $125.
e. 
All licenses shall expire on December 31 in each year. Any license so granted shall be revocable at any time by a majority vote of the Borough Council upon complaint being made and a hearing had thereon.
f. 
The annual fee for licenses for restaurants which provide entertainment on a regular basis shall be as follows:
1993
1994
1995
$260
$270
$280
g. 
Hours and Operations Restricted. All minimarts/convenience stores located in the Borough of Moonachie and within 200 feet of a residential zone, shall be closed between the hours of 12:00 midnight and 5:00 a.m. prevailing time on every day of the year.
[Ord. #82-1; 1970 Code § 5-5.2]
a. 
In addition to the requirements contained in Section 4-1, each application for a license under this section shall be investigated by the Borough 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 Retail Food Establishment Code.
b. 
Suspension or Revocation. In addition to the grounds for revocation set forth in subsection 4-1.9, any license issued under this section to a retail food establishment as defined in the Retail Establishment Code of New Jersey, 1965, may be suspended or revoked for failure to comply with any provisions of the code.
[Ord. #82-1; 1970 Code § 5-5.3; Ord. #90-4]
a. 
The fee for licenses required in connection with businesses or places of amusements described in subsection 4-5.1a shall be as follows:
1. 
For bowling alleys, the greater of $75 or $15 per lane.
2. 
For circuses and carnivals the fee for a license shall be as set forth in Section 4-7 of this Chapter.
3. 
For all other business or place of amusement or entertainment or activities set forth in subsection 4-1.1a of this Chapter the fee shall be $200.
[Ord. #82-1; 1970 Code § 5-5.4]
No license for a refreshment stand shall be granted unless such stand shall be erected a sufficient distance back from the street line to permit automobiles to drive entirely off the street when stopping to patronize the stand. The license fee for each refreshment stand shall be $35 per year, which fee is imposed for the purpose of revenue.
[Ord. #7, §§ 1 & 2; Ord. #46, § 1; Ord. #82-1; 1970 Code § 5-6.1]
Every general auctioneer shall obtain a license by filing an application as provided by this Chapter. The fee for the license shall be $50 per year.
[R.S. 45:17-1; Ord. #82-1; 1970 Code § 5-6.2]
Pursuant to State law, every licensed general auctioneer, on the receipt or acceptance by him of any personal property for the purpose of sale at auction and before offering the same or any part thereof for sale at auction, shall write or cause to be written in a book to be kept by him for that purpose, the name and address of the person who employed him to sell such property, the name and address of the person for whose benefit, behalf or account the property is to be sold, the name and address of the person from whom the auctioneer received or accepted the property, the name and address of the owner of the property immediately prior to its receipt or acceptance, the location with street number, if any, in which the property is to be kept until sold or offered for sale at auction, the place and street number, if any, in which the property is to be sold or offered for sale at auction, a description of the property, the quantity thereof, distinctive markings thereon, if any, and the terms and conditions upon which the auctioneer receives or accepts the property for sale at auction.
As used herein, the words "personal property" and "property" shall mean any goods, wares, works of art, commodity, compound or thing, chattels, merchandise or personal property which may be lawfully kept or offered for sale.
Nothing herein contained shall apply to the sale of real property at auction.
[R.S. 45:17-1; Ord. #82-1; 1970 Code § 5-6.3]
Such books and entries therein shall at all reasonable times be open to the inspection of the Mayor and the Chief of Police, the County Prosecutor, and any other person who shall be authorized in writing for that purpose by any or either of them, and who shall exhibit such written authorization to the auctioneer.
[R.S. 45:17-1; Ord. #82-1; 1970 Code § 5-6.4]
As provided by State law, any person who violates the requirements of subsections 4-6.2 and 4-6.3 shall be guilty of a misdemeanor.
[Ord. #82-1; 1970 Code § 5-6.5]
Every general auctioneer shall, before any license is issued to him, enter into a bond with sureties sufficient to be approved by the Borough Attorney in the sum of $1,000 and conditioned for the due observance of all ordinances of the Borough during the continuance of his license.
[Ord. #7, §§ 1 & 2; Ord. #82-1; 1970 Code § 5-7.1]
It shall be unlawful for any person to produce or exhibit any circus or carnival, or similar public exhibition, in the Borough without having first obtained a permit from the Clerk, who shall only issue a permit after the same has been approved by the Council.
[Ord. #46; Ord. #82-1; 1970 Code § 5-7.2]
The fee for a permit shall be $250. All permits for a circus or carnival shall be valid for a period of seven days from the date of issuance and may be renewed for one additional period of seven days upon the payment of an additional $250.
[Ord. #87, § 1; Ord. #82-1; 1970 Code § 5-8.1; Ord. #90-4]
As used in this section:
DISTRIBUTOR
Shall mean any person who supplies any mechanical amusement device to another for use in his place of business, whether under lease or any similar arrangement.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
Shall mean any machine which may be operated by the public for entertainment or amusement, whether the machine is coin operated or not, and whether or not it registers scores or tallies. Examples of mechanical amusement devices are pinball machines, bowling machines, mechanical grab machines, skee-ball machines, pokerino machines and similar devices. This enumeration is intended to be typical and shall not be construed as exclusive. Juke boxes shall not be considered mechanical amusement devices for the purposes of this section.
OPERATOR
Shall mean any person in whose place of business any mechanical amusement device is placed or kept for operation by the public.
[Ord. #87, § 2; Ord. #81-7, § 1; Ord. #82-1; 1970 Code § 5-8.2]
No person shall distribute or operate a mechanical or electronic amusement device within the Borough without having first obtained a license and paid the required fee. An operator who uses machines owned by him in his place of business shall not be required to possess a distributor's license.
[Ord. #87, § 4; Ord. #82-1; 1970 Code § 5-8.3]
Applicants for distributor's or operator's licenses which are associations shall supply the information required by subsection 4-1.2 for all members of the association. Applicants which are corporations shall supply the information required by subsection 4-1.2 for all officers and directors and for all stockholders of the corporation who own more than 10% of its issued and outstanding capital stock. Corporations shall also supply the name and address of their registered agent. Applicants for licenses under this section shall not be required by supply the physical description and photographs required by subsection (4-1.2) but shall be required to supply a description of the machine or device sought to be licensed.
[Ord. #87, § 4; Ord. #81-7, § 2; Ord. #82-1; 1970 Code § 5-8.4]
The following schedule of annual fees is hereby adopted as a part of this section:
a. 
Application fee: $25.
b. 
Distributor's license: $200.
c. 
Operator's license: $50 (per machine).
d. 
Transfer fee: $25.
All licenses issued hereunder are to be for the term of one year.
[Ord. #82-1; 1970 Code § 5-8.5]
A license may be transferred from one machine to another by giving notice to the Clerk together with a description of the new machine. A license may be transferred from one place to another by giving notice to the Clerk and supplying the required information as to the new premises.
[Ord. #82-1; 1970 Code § 5-8.6; Ord. #90-4]
No mechanical or electronic amusement device shall be located in any premises within 500 feet of a church or other religious institution or a public or private school. The distance shall be measured from the nearest entrance of the church or school to the nearest entrance of the premises on which the mechanical amusement device is located or is sought to be located along the route that a pedestrian would normally walk.
[Ord. #81-7, §§ 3 & 4; Ord. #82-1; 1970 Code § 5-8.7]
The following regulations shall apply to all mechanical and electronic amusement devices:
a. 
The premises shall be arranged so as to permit a clear view of the interior from the exterior at all times.
b. 
No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be associated with him in the ownership or management of the business or to be in his employ or to loiter on the premises.
c. 
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use mechanical amusement devices.
d. 
No operator shall permit any minor under the age of 16 years who is unaccompanied by a parent or guardian to remain on the premises after 10:00 p.m.
e. 
No operator shall permit any activity on the premises which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace.
f. 
The maximum number of machines for each licensed premises shall be three.
g. 
No licensee shall permit any person under 16 years of age to play or operate any of the machines licensed by this section without their parents' consent.
[Ord. #82-1; 1970 Code § 5-8.8; Ord. #90-4]
Nothing in this section shall be construed to authorize gambling devices of any kind, including devices that dispense any kind of payoff or reward, or devices that have been judicially determined to be gambling devices or declared to be gambling devices under any law of the State of New Jersey. If the Chief of Police has reason to believe any mechanical or electronic amusement device is used as a gambling device, he shall cause that machine to be seized and impounded. If after hearing it is determined that the machine was in fact being used as a gambling device, it shall be destroyed and the license of the operator or distributor shall be revoked. Revocation of license and seizure of machine are in addition to any other penalty which may be imposed for a violation of this section.
[1970 Code § 7-1]
As used in this section:
CRUISING
Shall mean driving an empty taxicab along a public street at a slow rate of speed for the obvious purpose of soliciting passengers.
OPERATION
Of a taxicab consists of transporting in a taxicab one or more persons for hire. Accepting a passenger to be transported for hire from a point of departure within the Borough to a destination within or without the Borough shall be considered operation of a taxicab within the Borough. The operation of a taxicab by anyone other than the owner shall be deemed operation by the owner as well as by the person actually driving the taxi. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign using the words "taxi," "taxicab," "cab" or "hack" shall be prima facie evidence of operation.
OWNER
Shall mean any person in whose name title to any taxicab is registered with the New Jersey Motor Vehicle Commission, or who appears in the division's records to be a conditional vendee or lessee or has any other proprietary interest in a taxicab.
TAXICAB OR TAXI
Shall mean a motor vehicle used to transport passengers for hire which does not operate over a fixed route and is not hired by the day or hour.
[Ord. #53, § 1; 1970 Code § 7-2]
No person shall operate a taxicab within the Borough unless both the owner and the driver of the taxicab are licensed under this section.
[1970 Code § 7-3]
a. 
Driver's License. The holder of a taxicab driver's license shall be entitled to operate within the Borough any taxicab whose owner has been licensed under this section.
b. 
Owner's License. The holder of a taxicab owner's license shall be entitled to operate a taxicab owned by him within the Borough provided that the person driving the cab holds a valid taxicab driver's license.
[Ord. #53, §§ 1 — 5 & 8; 1970 Code § 7-4; Ord. #89-14; Ord. #92-20]
a. 
Application Information. Application for a taxicab owner's license shall be made to the Chief of Police upon forms provided by him and shall contain the following information:
1. 
The name and address of the applicant. If the applicant is a corporation, its name, the address of its principal place of business, and the name and address of its registered agent.
2. 
A statement as to whether the applicant has ever been convicted of violating any criminal or quasicriminal statute, including traffic laws and municipal ordinances. If the applicant has been convicted, a statement as to the date and place of conviction, the nature of the offense, and the punishment imposed.
3. 
The number of vehicles to be operated or controlled by the applicant and the location of any proposed depots or terminals.
4. 
The previous experience of the applicant in the transportation of passengers for hire, including the name of any other state or municipality where the applicant has ever been licensed to operate a taxicab, whether his license was ever suspended or revoked, or his application for the issuance or renewal of a license denied, and the reasons for the denial, suspension or revocation.
5. 
Appropriate evidence as to the applicant's good character and business and financial responsibility so that an investigator will be able to properly evaluate it.
6. 
Any other facts that the applicant believes tend to show why he should be granted a license.
7. 
A full color sketch showing the color scheme of the taxicabs to be operated by the applicant and another full color sketch of any insignia or design which the applicant intends to use to identify his taxicabs.
8. 
Any other appropriate information which the Mayor and Council may require by resolution.
Applications shall be verified by oath or affirmation. Applications by a partnership shall give the information required for each partner, and shall be verified by all partners. Applications by corporations shall give the information required for and be verified by all officers and directors and all persons holding more than 10% of the corporation's common stock, as well as the corporation itself.
b. 
Notice of Hearing. The Chief of Police shall advise the Mayor and Council of the filing of an application. The Mayor and Council shall set a date for a hearing on the application and shall notify the applicant. The date set shall be within a reasonable time after the filing of the application. The applicant shall cause a notice of the time and place of hearing to be published once in a newspaper circulating in the Borough at least three days before the date set for the hearing.
c. 
Investigation. The Chief of Police or a police officer designated by him shall institute an investigation of the facts stated in the application and shall evaluate the application in the light of the criteria set forth in paragraph e. A report containing the results of the investigation and evaluation, a recommendation by the Chief of Police that the license be granted or denied, and the reasons for his recommendation shall be forwarded to the Mayor and Council at least three days before the date set for the hearing. A copy of the report shall also be sent to the applicant.
d. 
Conduct of Hearing. At the hearing any person who is a resident or taxpayer of the Borough may appear in person and make a brief statement or submit a written statement in support of or in opposition to the granting of a license. In addition, the applicant and any other person who will be affected by the grant or denial of the license other than as a Borough resident or taxpayer shall have the right to be represented by an attorney, to testify himself or to present witnesses in support of his position, to cross-examine opposing witnesses, and at his own expense to have a stenographic record made of the proceeding. This paragraph shall not prevent the Mayor and Council from imposing reasonable limits on the number of witnesses appearing in favor of or against the granting of the license, the time allowed for each side to present its case, or for the examination or cross-examination of any witness, or from imposing any other restriction which is necessary to insure that the hearing is conducted in an orderly, fair and expeditious manner.
e. 
Factors Considered. In determining whether to grant or deny the application, the Mayor and Council shall take into consideration the following factors:
1. 
The character, business and financial responsibility and experience of the applicant, and the probability that if granted a license, the applicant will operate his taxicab in accordance with the provisions of this section.
2. 
The number of taxicabs already in operation, the need of the public for additional service, and any increased convenience that would result to the public if more taxicabs were placed in operation.
3. 
Whether any increase in the number of taxicabs operating in the Borough would produce or substantially increase traffic congestion including congestion in the vicinity of railroad stations or other areas where taxicabs would frequently pick up or discharge passengers, or would otherwise inconvenience the public.
4. 
Any other factors directly related to the grant or denial of the application which would substantially affect the public safety or convenience.
f. 
Issuance of License. The Mayor and Council shall by resolution grant or deny the application. If the application is granted, the Chief of Police shall issue the license on receiving from the applicant satisfactory proof that he has complied with all laws of the State of New Jersey relating to the operation of taxicabs. The license shall state the name and address of the licensee, the number of vehicles which the licensee is authorized to operate, and the date of issuance.
g. 
License Term; Fees. A taxicab owner's license shall be valid for the remainder of the calendar year in which it is issued. The license fee shall be $50 per year or portion thereof per vehicle payable on the filing of the application for the issuance or renewal of the license.
h. 
Renewals. Licenses for taxicab owners may be renewed by the Mayor and Council without a hearing upon the licensee's filing with the Chief of Police a sworn statement that there have been no changes in the information contained in the issuance of the initial application and that he has continued to comply with all laws of the State of New Jersey relating to the operation of taxicabs and is not in violation of any provision of this section, and a report by the Chief of Police made after investigation that the statements made in connection with the application for renewal are correct.
[Ord. #53, §§ 2 — 5 & 8; 1970 Code § 7-5; Ord. #89-14; Ord. #92-20]
a. 
Applications. Applications for a taxicab driver's license shall be made to the Chief of Police on forms provided by him and shall contain the following information:
1. 
The name, address and age of the applicant.
2. 
The number of the applicant's New Jersey motor vehicle operator's license.
3. 
A statement as to whether the applicant has ever been convicted of the violation of any criminal or quasi-criminal statute, including municipal ordinances and traffic laws. If the applicant has been convicted, the date and place of the conviction, the nature of the offense and the punishment imposed.
4. 
A list of all places where the applicant has ever applied for or been granted a license to drive a taxicab.
5. 
A statement as to whether the applicant's license to operate a motor vehicle or his license to drive a taxicab has ever been suspended or revoked, or his application for the issuance or renewal of either license denied and, if so, the date and place of the denial, suspension or revocation and the reasons for it.
6. 
The names and addresses of all persons by whom the applicant has been employed for the past five years, the position held, and the nature of the work performed.
7. 
A statement by a physician licensed to practice in the State of New Jersey certifying that he has examined the applicant on a specified date, which date shall not be more than 60 days prior to the filing of the application, and that in his opinion the applicant is not afflicted with epilepsy, vertigo, heart trouble or any other infirmity which would affect his ability to safely operate a taxicab.
8. 
Three photographs at least two inches by two inches clearly showing the head and shoulders of the applicant.
9. 
Appropriate evidence that the applicant is not a narcotics addict, alcoholic or habitual drunkard and is of good moral character and clean in dress and person.
10. 
If the Chief of Police considers it necessary for the proper identification or investigation of the applicant, the applicant shall be fingerprinted and the fingerprints immediately processed for classification and identification.
b. 
Examination. At the time of filing of the application, the Chief of Police or a police officer designated by him shall give the applicant a written or oral examination designed to test the applicant's knowledge of the provisions of this section, the Motor Vehicle Act, the Traffic Act, and other ordinances and regulations having to do with traffic and the geography of the Borough.
c. 
Investigation. The Chief of Police or a police officer designated by him shall also conduct an investigation of the facts stated in the application and shall report the results to the Mayor and Council within a reasonable time. The report shall include a recommendation that the license be granted or denied and the reasons for the recommendation.
d. 
Consideration of Application.
1. 
After considering the facts contained in the application and the report of the Chief of Police, the Mayor and Council may grant the application or they may decide to hold a hearing on this matter.
2. 
In the event that the Mayor and Council decide that a hearing is necessary, the applicant shall be given at least five days' notice of the fact that a hearing will be held and of its time and place. The applicant shall also be furnished with a copy of the report of the Chief of Police.
3. 
At the hearing the applicant shall be entitled to be represented by an attorney, to present witnesses or to testify himself on his own behalf, to crossexamine any opposing witnesses, and at his own expense, to have a stenographic record made of the proceedings. After considering the evidence, the Mayor and Council shall either grant or deny the application.
e. 
Issuance of License; Contents. Upon approval of the application by the Mayor and Council, the Chief of Police shall immediately issue the applicant a taxicab driver's license. The license shall contain the licensee's name and address, physical description, signature and photograph.
f. 
Term of License; Fees. An initial license to drive a taxicab shall be valid for the remainder of the calendar year in which it was issued. A taxicab driver's license may be reviewed annually upon the payment of $20 unless it has been revoked or suspended.
[1970 Code § 7-6]
a. 
Initial Inspection. Before any vehicle is used as a taxicab within the Borough, it shall be inspected by the Chief of Police or a police officer designated by him to ascertain that it is in a safe, clean and sanitary condition and contains all safety devices required by law.
b. 
Reinspections. All taxicabs shall be reinspected annually or more often if the Mayor and Council so require by resolution. In addition, any police officer may inspect a taxicab at any reasonable time to determine if it is clean, sanitary and in a safe and proper operating condition.
c. 
Failure to Pass Inspection. Any taxicab which fails to pass inspection shall be immediately taken out of service and shall not be operated again within the Borough until the defects which led to its rejection are corrected. In the case of minor defects which do not constitute an immediate danger to the health or safety of the public, the taxicab may continue to operate for a period of one week at the end of which time it shall be reinspected. If the defect has not by then been corrected, the vehicle shall immediately be taken out of service and shall remain out of service until the defect is corrected.
[Ord. #53, § 7; 1970 Code § 7-7]
a. 
Identification Required. Each taxicab operated in the Borough shall have a sign painted on each rear door. The sign shall contain the owner's name and the word "taxicab" or "taxi" in letters which shall not be less than four inches nor more than eight inches in height.
b. 
Imitation of Color Scheme or Insignia. No taxicab operated in the Borough shall imitate the color scheme or any identifying design or insignia of another taxicab lawfully operating in the Borough, nor shall one taxicab have a color scheme or identifying design or insignia which is so similar to that of another taxicab as to be likely to have a tendency to mislead the public. The person first using a particular color scheme or identifying design or insignia for his taxicab shall have the prior right to it.
[1970 Code § 7-8]
a. 
Display of Rates. Every taxicab shall have displayed in it, in a manner so as to be easily read by all passengers, a card giving the maximum permissible rates of fare.
b. 
Receipts. The driver of a taxicab, on request of the passenger, shall give the passenger a receipt for the amount charged. The receipt shall show the name of the owner, the license number of the taxicab, the amount of the fare, and the date of the transaction.
c. 
Refusal to Pay Fare. No person after hiring a taxicab shall refuse to pay the legal fare, nor shall any person hire a taxicab with the intent not to pay the legal fare.
d. 
Disputes over Fares. All disputes as to the rate of fare shall, upon request of the driver or passenger, be determined by the police officer in charge of the Borough Police Station. Failure to comply with the officer's determination shall be a violation of this section.
[1970 Code § 7-9]
a. 
Additional Passengers. No driver shall permit any additional person to ride in his taxicab as a passenger unless the person first employing the taxicab consents to the acceptance of the additional passenger.
b. 
Number of Passengers. Every taxicab shall have in it a card displayed within plain view of all passengers stating its maximum permissible seating capacity. This capacity shall be determined by the Chief of Police or a police officer designated by him at the time that the vehicle is initially inspected. No driver shall permit more persons to be carried in his taxicab as passengers than the number stated as the maximum permissible seating capacity.
c. 
Refusal to Carry Passengers. No driver shall refuse to carry any orderly person to a destination within the Borough unless previously engaged, or unable or forbidden by the provisions of this section to do so.
d. 
Soliciting for Hotels. It shall be a violation of this section for any taxicab driver to solicit business for any hotel or to attempt to divert patrons from one hotel to another.
e. 
Misrepresentation. No driver of a taxicab shall induce any person to employ him by knowingly misinforming that person as to the time or place of the arrival or departure of any train or bus or as to the location of any hotel, public place or private residence within the Borough, or as to the distance between any two points, nor shall any driver convey a passenger to any other place or over any other route than that which the passenger may have instructed him to take. Unless otherwise ordered, passengers shall be conveyed only over the most direct, practical route to their destination.
f. 
Obstruction of Streets. No taxicab while waiting for employment by passengers shall stand on any public street or space other than at the place designated as a taxicab stand, nor shall any driver of a taxicab seek employment by repeatedly driving his taxicab to and fro in a short space in front of any theater, hall, hotel, public resort, railroad station, or other place of public gathering, or by otherwise interfering with the proper and orderly access to or egress from such places. No taxicab driver shall engage in the practice commonly known as cruising.
[Ord. #53, § 6; 1970 Code § 7-10]
a. 
Transfer of License. Each license issued under this section shall apply only to the person to whom it is issued and shall not be transferable.
b. 
Display of License. Each driver licensed under this section shall display his driver's license in such a manner that it can be seen by all persons riding in his taxicab as passengers. No license shall be displayed in a taxicab which does not belong to the person actually driving at the time.
c. 
Record. Every driver shall maintain a daily record which shall indicate with respect to each trip he makes the time and place of origin, the time and place of destination, and the amount of fare charged. All completed records shall be returned to the owner by the driver at the conclusion of his tour of duty. The form on which the record is kept shall be furnished to the driver by the owner and shall be approved by the Chief of Police.
d. 
Lost Property. Every driver of a taxicab at the beginning and end of his tour of duty shall carefully search the cab for any property lost or left in it. Any lost property not claimed by or delivered to the owner within 24 hours shall be reported in writing to the Chief of Police by the driver or owner of the taxicab.
The report shall give brief particulars and a description of the property.
[Ord. #53, § 9; 1970 Code § 7-11]
a. 
Generally. In addition to the causes for revocation of a license set forth in subsection 4-1.9 of this Chapter, any license issued under this section may be revoked or suspended or any application for the issuance or renewal of a license denied for any of the following reasons:
1. 
Failure to render reasonable, prompt, safe and adequate taxicab service.
2. 
The existence of a judgment unsatisfied of record against the licensee or applicant in any suit arising over the operation of a motor vehicle.
3. 
Permitting any taxicab owned or driven by the licensee to become unsafe, unsanitary or dirty.
4. 
Failure to comply with all applicable laws of the State of New Jersey.
b. 
Drivers. If the licensee is a driver, his license may also be revoked or suspended for the following reasons:
1. 
Revocation or suspension of his New Jersey motor vehicle operator's license.
2. 
Contraction by the licensee of a communicable or contagious disease.
3. 
Operating a taxicab in a reckless or grossly negligent manner, or habitually operating a taxicab in a negligent manner.
[Ord. #2011-14]
a. 
Definitions.
1. 
As used in this subsection, the following terms shall have the meanings indicated:
AUTOCABS
Shall mean limousines.
DRIVER
Shall mean any person who drives a limousine within this Borough.
LIMOUSINE
Shall mean a motor vehicle used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity in no event of more than 14 passengers, not including the driver, provided that such a vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. Nothing in this definition shall be construed to include taxicab, hotel buses or buses regulated by the New Jersey Department of Transportation.
LIMOUSINE SERVICE
Shall mean and include the business of carrying passengers for hire by limousine.
OWNER
Shall mean any individual, co-partnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever.
STREETS
Shall mean and include any street, drive, avenue, park, parkway, highway, boulevard or other public place in the Borough of Moonachie.
b. 
Classes of Licenses. There are hereby established two classes of limousine licenses, to be known as "limousine owner's license" and "limousine driver's license."
1. 
Limousine Owner's License. A limousine owner's license shall entitle the limousine therein described to be operated anywhere within this Borough by a driver duly licensed hereunder, until such license either expires or is surrendered, suspended or revoked, and shall not be transferable. There shall be no limit to the number of limousine owner's licenses issued.
2. 
Limousine Driver's License. A limousine driver's license shall entitle the person named therein to operate within this Borough any limousine duly licensed hereunder, until the license either expires or is surrendered, suspended or revoked, and shall not be transferable. There shall be no limit to the number of limousine driver's licenses issued.
c. 
License Required; Inspection of Limousines.
1. 
No person shall hire out, keep or use for hire or pay, or to be kept or used for hire or pay, any limousine within the Borough of Moonachie without first having obtained an owner's license for that purpose, as provided by this subsection.
2. 
No license required by this section shall be issued or renewed unless the limousine sought to be licensed has been thoroughly and carefully inspected by appropriate authority and proof of same is provided to the Borough of Moonachie before the license is issued.
d. 
Application Requirements.
1. 
Each applicant for a limousine owner's and/or limousine driver's license shall be required to provide a certified driver history abstract and criminal record check at his or her expense to the satisfaction of the Moonachie Police Department. Both reports must contain the previous five years from the date of application with the Borough of Moonachie.
2. 
Each application for a limousine owner's license shall, in addition to the requirements of any law of the State, establish, to the satisfaction of the Borough Clerk, the following:
(a) 
Application shall contain the full name and address of the owner, vehicle identification number, make, model, color, year of the limousine, the State registration number, number of doors on said vehicle and number of persons the vehicle can carry as passengers.
(b) 
All applications shall be filed with the Borough Clerk who shall, prior to the issuance of said license, receive proof from the applicant that the applicant is at least 21 years of age.
(c) 
If the applicant is a corporation, such corporation must be organized and existing under the laws of the State of New Jersey and must present proof thereof, or if organized and existing under the laws of another state, be officially able to do business in the State of New Jersey and must supply the name and address of the New Jersey registered agent for said corporation.
(d) 
Applications for a limousine owner's license shall show proof of insurance of $1,500,00 liability as per paragraph g herein.
3. 
Each applicant for a limousine driver's license shall, in addition to the requirements of any law of the state, establish, to the satisfaction of the Borough Clerk, that such applicant:
(a) 
Is currently licensed by the New Jersey Motor Vehicle Commission and maintains a valid New Jersey License.
(b) 
Is at least 21 years of age.
(c) 
Is a legal resident of the United States.
(d) 
Submits a certificate from a licensed physician of the State of New Jersey, at the applicant's expense, certifying that the applicant has been examined within the preceding 30 days and that such applicant has not infirmity of body or mind, or visual impairment or deficiency, which might render the applicant unfit for the safe operation of a limousine.
(e) 
Submits to a traffic violations check for the preceding five years to be conducted by the Borough and that he or she has the sufficient knowledge of the Borough's traffic regulations.
(f) 
Submit two recent photographs, being not less than 1 1/4 inches in height by one inch in length of applicant, with the application.
4. 
In addition the applicant must demonstrate by providing a letter of compliance from the Zoning Officer that the storage, housing and parking do not violate any zoning provision of the Borough of Moonachie.
e. 
Refusal of Application for License; Suspension or Revocation of License. The Borough Council or its designee may, in its discretion, refuse to issue or renew or may, after notice and hearing, revoke or suspend any license issued under the provisions of this subsection if the applicant has been convicted of any crime, disorderly persons offense or petty disorderly offense in this State or in any other state or territory, or has been convicted of a violation under Title 39, Motor Vehicle and Traffic Regulation, of the Revised Statutes of New Jersey or who violates any provision of this subsection or has any judgment unsatisfied or record arising out of an automobile accident or who has made false answers in the application for such license or any renewal thereof or who has failed or fails to render reasonably prompt, safe and adequate limousine services or who has not complied fully with all requirements of this subsection for such class of licensure, or if the licensee or applicant has in any degree contributed to any injury to person or damage to property arising out of negligent operation of motor vehicle or as to any limousine owner's license if the motor vehicle licensed or to be licensed by reason of unsafe or unsanitary conditions is dangerous to the safety or health of the occupants, and others, or if the policy of insurance required herein has once lapsed or such coverage is not maintained at all times, or a limousine, at any time carries more passengers than the same is authorized to carry by the terms of this subsection.
f. 
Power of Attorney. The owner of the limousine shall execute and deliver to the Motor Vehicle Commission, concurrently with the filing of a certificate of insurance pursuant to paragraph g,1 below a power of attorney, wherein and whereby the owner shall appoint the Motor Vehicle Commission his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
g. 
Limousine Operators Requirement.
1. 
Insurance Requirements.
(a) 
No limousine shall be operated wholly or partly along any street in this Borough until the owner of the limousine shall have filed with the Borough Clerk, in which the owner has his/her principal place of business with this Borough, a certificate of insurance, by a company duly licensed to transact business under the insurance laws of this State in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine for damages on account of bodily injury or death suffered by a person as a result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street.
(b) 
The operation shall be permitted only so long as the insurance policy remains in full force and affect as to the full and collectible amount of $1,500,000 liability. Limousine owners, or anyone on its behalf, shall not undertake to cancel or have canceled any such policy without giving the Borough Clerk 10 days' notice of the intention to do so. No such policy shall be filed by the Borough Clerk unless such policy shall contain a provision to the effect that the Borough Clerk shall be afforded at least 10 days' notice of the intention of the insurance company which issued such policy to cancel same.
(c) 
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such limousine upon any public street or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
2. 
Every person operating a limousine, whether an owner and/or driver, who is transporting a child under the age of eight years and weighing less than 80 pounds on roadways, streets, or highways of the Borough of Moonachie, shall secure the child in a child passenger restraint system or booster seat, as described in Federal Motor Vehicle Safety Standard Number 213, in a rear seat. If there are not rear seats, the child shall be secured in a child passenger restraint system or booster seat, as described in Federal Motor Vehicle Safety Standard Number 213. In no event shall failure to wear a child passenger restraint system or to use a booster seat be considered as contributory negligence nor shall the failure to wear the child passenger restraint system be admissible as evidence in the trial of any civil action.
3. 
Issuance of License of Operation; Drivers to Be License.
(a) 
The Borough Clerk, upon the filing of the required application and certificate of insurance, shall issue a license, in duplicate, showing that the owner of the limousine service has complied with the terms and provisions of this subsection.
(b) 
The license shall state the name of the insurance company, the number and date of expiration of the policy and a description and the registration number of each limousine service insured thereunder. The duplicate license shall be filed with the Motor Vehicle Commission before any such vehicle is registered as a limousine service.
(c) 
A limousine shall not be operated by anyone for service with the Borough of Moonachie unless the driver thereof has been issued a valid limousine driver's license.
4. 
Availability of License for Inspection; Minimum Equipment Standards.
(a) 
The original license shall be retained with the limousine and shall be available for inspection by any police officer of the State.
(b) 
No limousine shall operate on the highways of this State unless it has a license issued and the limousine is equipped, in accordance with minimum standards established by the Motor Vehicle Commission in the Department of Transportation with:
(1) 
A two-way communications system, which, at a minimum, shall provide for communication to a person outside the vehicle for a distance of not less than 100 miles and which requirements may be satisfied by a mobile telephone.
(2) 
A removable first-aid kit and an operable fire extinguisher, which shall be placed in an accessible place within the vehicle.
(3) 
Sideboards attached to the permanent body construction of the vehicle is the height of the vehicle floor if 10 inches or more above ground level.
h. 
License Fees-Term of License. The annual limousine owner's license shall be $50 per limousine. The license shall be effective for a period from January 1 to December 31 of each year, plus $10 for each limousine which is required under the insurance policy.
i. 
Limousine Appearance. No lettering, emblem or advertising may be placed on a licensed limousine, other than that required by the Department of Transportation or any other supervising authority.
j. 
Limousine Identification. Subject to regulations to be promulgated by the Borough Clerk, a limousine license shall be placed in the limousine at all times.
k. 
Solicitation Prohibited. Limousine drivers shall not knowingly solicit business in a manner similar to that of a taxicab or attempt to solicit business by knowingly misleading a prospective passenger.
l. 
Compliance with State Laws. Nothing in this subsection shall exempt any person owning or operating a limousine from complying with the laws relating to the ownership, regulations and operation of limousines in the State of New Jersey.
m. 
Violations and Penalties. A person who shall own and operate a limousine in any street in this State in violation of the provisions of this subsection shall be subject to the following penalties:
1. 
For operating a limousine without a license issued by a municipality, operating a limousine without authority to operate a limousine in interstate services granted by the Federal Highway Administration, or the Interstate Commerce Commission, knowingly permitting a driver to operate a limousine without a validly issued driver's license or a validly issued commercial driver's license, if required, failure to have filed an insurance policy, operating a limousine in which the number of passengers exceeds the maximum: a fine of $2,500 for the first offense and a fine of $5,000 for the second or subsequent offense.
2. 
For operating a limousine without the special registration plates required or operating a limousine without the limousine being properly inspected: a fine of $1,250 for the first offense and a fine of $2,500 for the second or subsequent offense.
3. 
For operating a limousine with the attached sideboards, if required, failure to retain with the limousine proof of insurance or failure to execute and deliver to the Motor Vehicle Commission the power of attorney required: a fine of $250 for the first offense and $500 for the second and subsequent offense.
4. 
For failure to be equipped with a two-way communication system, a removable first-aid kit or an operable fire extinguisher, a fine of $50 for the first offense and $100 for the second and subsequent offense.
n. 
Unlicensed Drivers; Liability of Owner. In the event that the limousine is being operated by a party who does not have the license called for in this subsection, both the driver and the owner of the limousine shall be subject to the penalty provisions hereinabove set forth.
[1]
Editor's Note: See Chapter 23 for regulation of rents in mobile home parks.
[Ord. #117, § 2; Ord. #82-1; 1970 Code § 5-10.1]
As used in this section:
CAMP SITE
Shall mean any place where a person is permitted to sleep or dwell in anything other than a permanent structure.
TRAILER
Shall mean any self-propelled or nonself-propelled vehicle or portable or semi-portable structure used or intended for use as a temporary or permanent dwelling or sleeping place for one or more persons, including but not limited to mobile homes, dependent and independent travel trailers, piggy-back campers, camp cars, mobile home buses and tents.
TRAILER CAMP
Shall mean any place where a trailer may be parked, other than an enclosed building, for more than three hours, including but not limited to mobile home parks and trailer parks.
[Ord. #117, § 1; Ord. #82-1; 1970 Code § 5-10.2]
No person shall operate a trailer camp or camp site within the Borough without having obtained a license and paid the required license fee.
[Ord. #117, § 3; Ord. #82-1; 1970 Code § 5-10.3]
Applications for licenses shall be made to the Borough Clerk and shall contain the following information:
a. 
The name and address of the applicant. If the applicant is a corporation, the name and address of the registered agent and the address of the corporation's principal place of business.
b. 
A statement as to whether the applicant is the owner of the premises upon which the proposed trailer court will operate.
c. 
The total number of trailer stands in the proposed trailer camp.
d. 
Three copies of a site plan of the proposed trailer camp on a scale no smaller than one inch equals 40 feet and clearly showing the following:
1. 
The area, shape and size of the site, all properties within 250 feet of the site boundaries, and all buildings on those properties.
2. 
Topography of the site drawn at a ten-foot contour level.
3. 
Any prominent natural features on the site.
4. 
The location and size of all easements for gas, water and electric lines.
5. 
The locations of all proposed trailer sites and accessory buildings, sidewalks, driveways, roads, parking areas, buffer strips and recreation areas.
6. 
The proposed grading and drainage plan for the site.
e. 
Appropriate information as to the location and type of facilities provided for water supply, sewage disposal and garbage disposal. If any laundry or similar facilities are to be provided, information as to their location and type shall also be included. This information may be included in the site plan.
f. 
Appropriate evidence as to the good character and business responsibility of the applicant.
[Ord. #207, § 3; Ord. #82-1; 1970 Code § 5-10.4; Ord. #93-16; Ord. #2011-6]
The owner or operator of a trailer camp shall pay an annual license fee of $750 plus $3 per trailer per week whether occupied or not.
[Ord. #82-1; 1970 Code § 5-10.5]
It shall be unlawful for any person to park a trailer or camp car for any period exceeding two hours on any street in the Borough, or on any premises within the Borough except for the purpose of repair or storage.
[Ord. #82-1; 1970 Code § 5-10.6]
If any person desires to repair or store a trailer or camp car other than in a licensed location, he shall obtain a permit from the Council. Such permit shall be granted upon request without fee and shall be valid for a period of 10 days from the issuance thereof, but may for good cause shown be renewed for a further ten-day period or periods, as necessity may require. Any trailer or camp car undergoing repairs or being stored shall not, during the period of repair or storage, be used by any person as a dwelling or sleeping place. Nothing herein shall preclude the issuance of a permit without fee by the Council for use of a trailer on private property for habitation for not longer than one week. Such permits may be renewed in the discretion of the Council for further weekly periods, not exceeding one month in total.
[Ord. #207, § 3; Ord. #82-1; 1970 Code § 5-10.7]
Each licensee shall maintain a camp registry and each month shall submit three copies of the same insofar as it pertains to the previous month, setting forth the license number of each trailer, serial number, body type and license number of each automobile, date of arrival, whether still at the camp, and if not, the date of departure, and the age, name and last permanent address of the owner of each car and trailer and of each occupant thereof. A copy shall be delivered to the Clerk and a copy to the Chief of Police, together with payment to the Clerk of any fees due the Borough as provided herein. No license shall be transferable without permission of the Council.
[Ord. #207, §§ 1 & 2; Ord. #82-1; 1970 Code § 5-10.8]
a. 
There shall not be more than two trailer camps located within the Borough.
b. 
The maximum number of occupied trailers to be parked in any trailer camp shall not exceed 200.
[Ord. #207, § 4; Ord. #82-1; 1970 Code § 5-10.9]
The Police Department shall make a weekly check of trailer parks for the purpose of counting the number of trailers parked therein, and shall submit the report to the Mayor and Council.
[Ord. #117, §§ 5 — 10 & 12; Ord. #187; Ord. #82-1; 1970 Code § 5-10.10]
The Board of Health shall establish rules and regulations relating to the establishment and maintenance of adequate water supply, toilet facilities, garbage receptacles, drainage and discharge of waste water and such other matters as may be required to maintain the health and safety of the Borough.
Any water faucet, toilet, garbage receptacle, or other equipment required by the provisions of this section in camp grounds, or which may hereafter be required by any rules and regulations of the Board of Health pertaining to camp grounds, shall be in addition to and shall not be construed to mean water faucets, toilets, garbage receptacles or other equipment now or hereafter located in or adjacent to the camp ground, and which may already or hereinafter be required under provisions of other laws or ordinances.
No sanitary facilities shall be required where the trailers parked in the trailer park have separate sanitary facilities built therein and such sanitary facilities can be connected with the sanitary sewer installed on the premises for the purpose of accommodating trailers.
[Ord. #117; §§ 11, 13; Ord. #82-1; 1970 Code §§ 5-10.11, 5-10.2; Ord. #2001-2, §§ 2 — 4]
a. 
Installation; Relocation of Mobile Homes. The installation of a new mobile home or the relocation of any existing mobile home shall be subject to review by the Moonachie Building Department before construction permits are issued.
b. 
Processing of Application. Should it be found by the appropriate Official that the proposed installation, location and/or placement of the mobile home does not meet the Municipal, State Land Use Act or Federal guidelines for zoning, the Official shall refer the application to the appropriate Municipal Board, Officer or Agency for a decision. Should the application be approved by said Board, Officer or Agency, and found to meet the zoning guidelines, the application shall be remanded to the Construction Official for proper processing of the State of New Jersey Uniform Construction Code required installation permits.
c. 
Spacing of Homes. Replacement mobile homes or existing mobile homes which are relocated to any new location within the mobile home park may not be installed closer than six feet in any direction from any other existing or new mobile home.
d. 
Compliance with Regulations. Existing mobile homes to be relocated within the park must meet all Federal and State Construction Code and Municipal ordinance guidelines.
e. 
Alterations and Additions. All additions and alterations to existing mobile homes must comply with the Uniform Construction Code and no addition to a mobile home, i.e., deck, patio, awning, extension of trailer body to enlarge the mobile home itself may be closer than six feet from any other mobile home or portion thereof. Tool sheds are to be of noncombustible construction only.
f. 
Mobile Home Park Spaces; Numbering. Every mobile home park shall provide a minimum of 600 square feet of space per trailer or camp car. Mobile homes shall be arranged in rows abutting or facing on a driveway or clear unoccupied space not less than 20 feet in width which shall have unobstructed access to a public street. The allotted space per mobile home shall be numbered by a mark containing four inch numbers which are clearly visible and the numbers shall be consecutive.
g. 
Permanent Foundations Prohibited. It shall be unlawful for any person or licensee operating a trailer camp or place to cause or permit any trailer to be placed on a permanent foundation or otherwise permanently fixed to the ground and any such action shall automatically convert the trailer to a permanent dwelling subject to the provisions of the Zoning Chapter and all other Borough ordinances applicable to permanent structures.
[1]
Editor's Note: See also Mobile Home Replacements, Alterations, Additions, subsection 4-10.15.
[Ord. #2001-2]
[Ord. #117, § 15; Ord. #82-1; 1970 Code § 5-10.13]
No person shall permit any licensed premises to be used for immoral purposes or permit the violation thereon or therein of any penal law or any ordinance of the Borough.
[Ord. #117, §§ 16 & 17; Ord. #82-1; 1970 Code § 5-10.14]
Each licensed place or premises shall at all times comply with all proper police, health and fire regulations imposed by the Borough Council, Board of Health, the Police Chief or the Fire Chief. Any business and the place and premises where conducted shall be subject to examination and inspection by day or night by the Council or a committee thereof, and by the police, fire and health authorities of the Borough.
[Ord. #00-5, § 2]
a. 
No mobile home shall be replaced by another mobile home which is greater in square footage than the sum total of the one or ones it is replacing. (Example: Two existing mobile homes totaling 600 square feet can only be replaced by a single mobile home no larger than 600 square feet.)
b. 
The replacement of any existing mobile home shall be governed by the relevant Federal, State and local statutes, regulations and codes.
c. 
All additions and alterations to existing mobile homes shall be governed by relevant Federal, State and local statutes, regulations and codes.
d. 
No additions or alterations to an existing mobile home (i.e., deck, patio, awning, extension, etc.) shall be constructed or erected within six feet of another mobile home or a portion thereof.
e. 
No mobile home shall be located, relocated or installed closer than six feet in any direction to any existing or replacement mobile home.
f. 
All freestanding buildings (i.e., sheds, clubhouses, storage units, etc.) shall be constructed of noncombustible material only.
g. 
No fence, gate, or property separation shall be over four feet in height. Any such structure must be constructed of noncombustible material only.
h. 
For each application for a variance under this section, residents whose lot is adjacent to or abuts that of the applicant must be given actual notice as well as those property owners within 200 feet of the mobile home park.
[1]
Editor's Note: See also subsection 4-10.11.
[Ord. #124, §§ 2 & 3; Ord. #82-1; 1970 Code § 5-11.1]
As used in this section:
TRUCK TRANSFER TERMINAL
Shall mean and describe any business on lands and/or premises for the transfer of materials and other personal property by truck or other motor vehicle on route which stops enroute in the Borough.
[Ord. #124, § 1; Ord. #82-1; 1970 Code § 5-11.2]
No person shall establish, operate or maintain a truck terminal unless he shall first obtain a license from the Mayor and Council.
[Ord. #124, § 4; Ord. #82-1; 1970 Code § 5-11.3]
Any person desiring to obtain a license shall file with the Clerk a written application setting forth in addition to the information required by subsection 4-1.2:
a. 
The name and residence of the applicant, if an individual, partnership or firm, or the names of the principal officers and their residences if the applicant is an association or corporation.
b. 
The name of the record owner of the lands and premises to be licensed.
c. 
The name of the tenant or lessee of the lands and premises to be licensed.
d. 
The area to be occupied in the conduct of the business.
e. 
The nature of goods, merchandise and chattels transported and transferred.
[Ord. #124, § 5; Ord. #82-1; 1970 Code § 5-11.4]
No license shall be issued unless the applicant has obtained a Certificate of Occupancy of the location to be used as the truck transfer terminal.
[Ord. #124, § 6; Ord. #82-1; 1970 Code § 5-11.5]
No premises shall be used for establishing, operating or maintaining a truck transfer terminal other than in the Industrial Zone as set forth in the Zoning Chapter of the Borough, nor shall any truck transfer terminal be operated or situated within a distance of 150 feet of premises used exclusively for residential purposes or a school, church or other place of public gathering.
[Ord. #203, § 1; Ord. #124, § 8; Ord. #82-1; 1970 Code § 5-11.6]
The license fee to be paid for a license shall be $500.
[Ord. #124, § 9; Ord. #82-1; 1970 Code § 5-11.7]
No license shall be transferable and any licensee who permits it to be used by any other person shall be guilty of a violation of this section, and his license shall be subject to immediate revocation.
[Ord. #124, § 10; Ord. #82-1; 1970 Code § 5-11.8]
No explosives or volatile substances and flammable liquids or material shall be stored enroute under the terms of this section, except in compliance with the fire prevention code of the Borough and existing laws and ordinances pertaining thereto.
[Ord. #82-1; 1970 Code § 5-13.1]
All of the fees required to be paid, or paid, under the terms hereof are intended to be annual fees, but, when paid, shall cover only the balance of the calendar year during which the same are so paid or payable, unless otherwise herein provided.
[Ord. #82-1; 1970 Code § 5-13.2; Ord. #89-14; Ord. #92-20; Ord. #2001-4; Ord. #2005-15, § 1]
The annual fees for the licenses herein are hereby fixed as follows:
Business or Activity
Document Required
Fee for Each Premises or Establishment
Barber/Nail and Beauty
License
$75
Drug Store/Liquor Store
License
$100
Food or beverage processing
License
$100 per premises or establishment $25 per vehicle
Frozen food processing
License
$100 per license
$25 per truck
Hotels, motels
License
$25 (1-25 rooms)
$50 (26-50 rooms)
$75 (51-100 rooms)
$100 (101 rooms and over)
Laundry, launderette, dry-cleaning or dyeing establishments
License
$75
Milk, cream and dairy products processing, sale or distribution
License
$100 per premises or place
$50 per vehicle or conveyance
Port-O-Sans
License
$20 per permit
$15 per vehicle used for cleaning or emptying vault or tank
Processed food storage, confectionery and handling and distribution
License
$100
Vending machines (soda, candy, food)
License
1 machine $50
Each additional machine $25
Wholesale establishment with retail outlet as auxiliary use
License
$500
[Ord. #82-1; 1970 Code § 5-13.3]
Whenever a license or permit is required by the Board of Health and no specific fee is established for such license or permit, the fee therefor shall be $25, payable on issuance of such license or permit, which shall be for the balance of the calendar year in which the same is so issued.
[Ord. #82-1; 1970 Code § 5-13.4]
No fee for any permit, license or certificate issued hereunder shall be required of any person declared by State law to be exempt from the payment of any such fee.
[Ord. #82-1; 1970 Code § 5-13.5]
For good reason shown, the Board of Health may waive or reduce the license fee in any particular class of cases where the imposition would work hardship or injustice.
[Ord. #101, § 2; Ord. #82-1; 1970 Code § 5-9.1]
As used in this section:
JUNK YARD
Shall mean an area, covered, or uncovered, used for the purpose of buying, selling, exchanging or storing old or secondhand metals, bottles, glassware, tinware, paper, lumber, plumbing fixtures, dismantled or inoperable automobiles, or any other thing which is no longer used or usable for its intended purpose, but which may have value because of the parts or materials it contains.
[Ord. #101, § 1; Ord. #82-1; 1970 Code § 5-9.2]
No person shall operate a junk yard in the Borough without first having obtained a license from the Clerk and paid the required license fee.
[Ord. #191, § 1; Ord. #82-1; 1970 Code § 5-9.3]
The fee for a license to operate a junk yard shall be $500.
[Ord. #101, § 3; Ord. #82-1; 1970 Code § 5-9.4]
In addition to the information required by subsection 4-1.2, application for a license under this section shall be accompanied by a plot plan drawn to scale in triplicate showing the dimensions of the premises, the location of all fences and screening and any other information which may appropriately be required for the effective enforcement of this section.
[Ord. #82-1; 1970 Code § 5-9.5]
In addition to the investigation provided for by subsection 4-1.3, the Construction Official shall inspect the premises for which a license is desired to determine whether it complies with the provisions of this section. He shall report the results of his investigation to the Clerk. No license shall be issued unless the Construction Official's report is favorable.
[Ord. #191, § 6; Ord. #82-1; 1970 Code § 5-9.6]
Each licensed place or premises shall at all times be entirely surrounded by a fence extending from the ground to a height not greater than eight feet. It shall be of cinder block or other masonry construction and firmly supported on adequate concrete footing. The fence shall not be used for advertising purposes either by the operator of the business or by any other person, except that there may be affixed to the fence a sign not larger than 20 inches by 20 inches setting forth the name of the business.
[Ord. #101, § 6; Ord. #191, §§ 2, 4 & 5; Ord. #82-1; 1970 Code § 5-9.7]
a. 
Adequate precautions shall be taken in a junk yard to prevent fire from breaking out or spreading. In particular, no explosive or extremely inflammable material shall be stored in a junk yard.
b. 
Junk shall be stacked and stored so as to permit customers of the junk yard and other persons to move about easily and without risk of injury.
c. 
No material shall be stored or deposited on any licensed premises to a height greater than the height of the fence required to be constructed around such premises.
d. 
It shall be unlawful to hammer or pound any metals or other materials on the premises, between the hours of 8:00 p.m. and 8:00 a.m. on weekdays, or at any time on Sundays and holidays.
e. 
No automobiles, parts thereof or other junk or material shall be stacked, placed or kept within 20 feet of the inside sidewalk line of any street.
f. 
It shall be unlawful for any licensee to permit any of the materials regulated herein to be placed on the licensed premises in such a manner as to permit rainwater to collect and remain in and about the premises for a period longer than 24 hours.
g. 
No operator of a junk yard shall permit rodents or conditions likely to attract rodents or any other unhealthy or unsanitary condition to exist on the premises.
[Ord. #191, § 3; Ord. #82-1; 1970 Code § 5-9.8]
No license issued under this section shall entitle the licensee to operate at, in or on any lot, building or location other than that which is specified in the license.
[Ord. #82-1; 1970 Code § 5-9.9]
The Construction Official may inspect any junk yard at any reasonable time to ascertain whether the provisions of this section are being complied with.
[Ord. #101, § 7; Ord. #82-1; 1970 Code § 5-9.10]
The licensed premises shall at all times comply with all necessary police and fire regulations imposed by the Police and Fire Departments in order to prevent conflagration and the storage and disposition of stolen property. The business and the premises where conducted shall be subject to reasonable inspection by police and fire authorities. It shall be the duty of the Chief of the Fire Department and the Chief of the Police Department to immediately report, in writing, to the Mayor and Council any violation of any regulation imposed by their respective departments. The report shall set out the specific regulation violated and the nature of the violation.
[Ord. #82-1; 1970 Code § 5-15.1]
a. 
Every person, firm or corporation engaged in the business of constructing, erecting, altering, repairing, restoring, re-roofing, residing, demolition, moving the whole or part of any building or structure or engaged in the business of the construction and installation of swimming pools or signs shall be required to register with the Construction Official.
b. 
The owner or occupant of a building or structure applying for a building permit shall not be required to register provided that he intends to do and supervise his own work.
[Ord. #82-1; 1970 Code § 5-15.2]
The fee for registration for all contractors shall be $15 and no subsequent fee shall be required so long as the registration is not revoked.
[Ord. #82-1; 1970 Code § 5-15.3]
a. 
All work shall be done in accordance with the State Uniform Construction Code and must be done in a good and workmanlike manner.
b. 
After obtaining a building permit the person or persons doing the work shall notify the Construction Official 24 hours prior to commencing any work whatever on any building or structure.
[Ord. #82-1; 1970 Code § 5-15.4]
No permit shall be issued by the Construction Official of the Borough to anyone except a licensed contractor or his duly authorized agent under the provisions of this section, except to actual owners or occupants who intend to do the work themselves.
[Ord. #82-1; 1970 Code § 5-15.5]
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.
b. 
Violation of the State Uniform Construction Code or other ordinances, regulations or State statutes.
c. 
Voluntary or involuntary bankruptcy.
[Ord. #82-1; 1970 Code § 5-15.6]
a. 
The Construction Official shall notify the contractor in violation of this section in writing, giving 10 days to rectify any violation therein enumerated.
b. 
Failure of the contractor to rectify the violation shall result in an automatic revocation of the contractor's license.
[Ord. #82-1; 1970 Code § 5-15.7]
Any person aggrieved by the action of the Construction Official shall have the right of appeal to the Mayor and Council. Such appeals shall be taken by filing with the Borough Clerk, within 10 days after notice of revocation, 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 seven days' prior notice to the appellant. The decision of the Mayor and Council on such appeal shall be final.
[Ord. #82-1; 1970 Code § 5-15.8]
Whenever notice is required to be given by this section, such notice may be effected by personal service upon any principal or agent of the registered contractor or by certified mail to the last address listed in the Construction Official's office, listed in conjunction with the registration information.
[Ord. #82-1; 1970 Code § 5-15.9]
Any person or persons who shall violate any of the provisions of this section shall, upon conviction thereof, be liable to the penalty established in Chapter 1, Section 1-5.
[Ord. #82-1; 1970 Code § 5-15.10]
Any contractor, after revocation, may register, provided:
a. 
He obtains certification from the Construction Official to the effect that all violations have now been corrected.
b. 
Proof that any loss caused by the act or omission for which the registration was revoked has been fully satisfied.
c. 
Payment of a reregistration fee of $20 is made.
[Ord. #92-3, §§ I — III]
LANDSCAPERS
Shall mean any person, partnership or corporation engaged in the business of landscaping as an occupation for hire and shall not include casual employment by minors or family members.
LANDSCAPING FUNCTION
Shall include, but is not limited to the cultivation, fertilization, seeding, planting, cutting, trimming, pruning or maintenance of grass, shrubs, plants, trees or other foliage.
MULCHING
Shall mean the natural recycling of grass clippings by leaving them on the lawn when mowing.
[Ord. #92-3, § IV]
No person shall engage in the business of landscaping without first obtaining a license therefore from the Borough of Moonachie.
[Ord. #92-3, § V]
Every applicant for a license under this chapter shall sign an application on forms furnished by the Borough Clerk.
[Ord. #92-3, § VI]
A license fee shall be charged for each truck or vehicle engaged in the business of landscaping within the Borough of Moonachie and shall be $25 for the first truck and $10 for each additional truck thereafter per calendar year and no part of said fee shall be prorated for any part of the year. Upon payment of fee the Clerk shall issue an identification badge or sticker for the calendar year for which the application was filed, which shall be affixed to each truck or vehicle and visibly displayed.
[Ord. #92-3, § VII]
All landscapers shall provide for the removal of all lawn clippings not recycled by mulching and any other landscaping debris and shall not leave or deposit said debris at the curbside or any other site in the Borough of Moonachie. Any landscaper who causes said lawnclippings not recycled by mulching or any other landscaping debris to remain at curbside or anywhere in the Borough of Moonachie shall forfeit his license to conduct his landscaping business anywhere in the Borough of Moonachie and shall also be subject to the penalties hereinafter provided in this section.
[Ord. #92-3, § VIII]
All landscapers who are licensed to operate in the Borough of Moonachie, are required to comply with the Borough's Municipal Recycling Ordinance, including filing such reports as are required by said ordinance with the Municipal Recycling Coordinator.
[Ord. #92-3, § IX]
Any person who violates any provision of this section shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both.