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.
[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:
[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:
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:
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.
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:
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]
[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:
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.
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.
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:
[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:
Shall mean driving an empty taxicab along a public street
at a slow rate of speed for the obvious purpose of soliciting passengers.
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.
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.
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:
[Ord. #2011-14]
a.
Definitions.
1.
AUTOCABS
DRIVER
LIMOUSINE
LIMOUSINE SERVICE
OWNER
STREETS
As used in this subsection, the following terms shall have the meanings
indicated:
Shall mean limousines.
Shall mean any person who drives a limousine within this
Borough.
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.
Shall mean and include the business of carrying passengers
for hire by limousine.
Shall mean any individual, co-partnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
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.
[Ord. #117, § 2; Ord. #82-1; 1970 Code § 5-10.1]
As used in this section:
Shall mean any place where a person is permitted to sleep
or dwell in anything other than a permanent structure.
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.
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]
[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.
[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.
[Ord. #124, §§ 2 & 3; Ord. #82-1; 1970
Code § 5-11.1]
As used in this section:
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:
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:
[Ord. #82-1; 1970 Code § 5-15.6]
[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]
[Ord. #82-1; 1970 Code § 5-15.10]
Any contractor, after revocation, may register, provided:
[Ord. #92-3, §§ I — III]
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.
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.
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.
