[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodbury Heights 10-11-76 as Ord. No. 16-1976. Amendments noted where applicable.]
[Amended 6-8-83 by Ord. No. 4-83]
As used in this chapter, the following terms shall have the
meanings indicated:
Any restaurant where meals, sandwiches, cold drinks, beverages,
ice cream or other food is served directly to or is permitted to be
consumed by patrons in automobiles, motorcycles or other vehicles
parked on the premises. For the purpose of preserving public peace,
health and safety, the entire premises occupied by a "drive-in restaurant,"
together with means of ingress thereto and egress therefrom, is hereby
declared to be a public place.
[Amended 6-8-83 by Ord. No. 4-83]
The owner, lessee or operator of any drive-in restaurant or
any restaurant shall maintain quiet and good order upon the premises
and shall not permit disorderly or immoral conduct or loitering thereon,
nor shall be cause or permit any noise or nuisance on the parking
area of the drive-in restaurant whereby the quiet and good order of
the neighborhood are disturbed.
[Amended 6-8-83 by Ord. No. 4-831
No person on the premises of a drive-in restaurant or any other
restaurant shall race the motor of any motor vehicle needlessly, bring
to a sudden start or stop any motor vehicle, blow any horn of any
vehicle or cause to be made any other loud or unseemly noise, nuisance
or disturbance, whereby the quiet and good order of the premises or
the neighborhood are disturbed.
[Amended 6-8-83 by Ord. No. 4-83]
The following acts or conduct of any person or persons entering
any drive-in restaurant premises are hereby declared unlawful:
A.
To enter the premises of any drive-in restaurant in a motor vehicle
of any description, park said vehicle and leave the premises without
getting the consent of the owner or operator of said restaurant, in
which event said vehicle may be impounded subject to the usual impounding
charges.
B.
To enter said premises in a motor vehicle of any kind and use said
premises for cruising or racing, as shortcut to another street or
to annoy or endanger any person on said premises.
C.
For three or more persons to congregate on the premises and linger
or loiter at any location on the premises or any drive-in restaurant
other than in the restaurant building or in a legally parked motor
vehicle.
[Amended 6-8-83 by Ord. No. 4-83]
It is hereby declared to be a duty of the owner or operator
of a drive-in restaurant to provide not less than two receptacles
for the receipt of trash, litter, paper, napkins, cups and remnants
of food at each exit, available to the patrons as they leave the premises.
If the owner or operator of a drive-in restaurant shall fail to provide
such receptacles, he shall be fined, upon conviction, as provided
in this chapter.
[Amended 6-8-83 by Ord. No. 4-83]
It shall be unlawful for any patron or owner of a drive-in restaurant
to throw or deposit any of the litter mentioned in the preceding section
anywhere on the premises of any drive-in restaurant.
[Amended 6-8-83 by Ord. No. 4-83]
It shall be the duty of the restaurant operator to post on the
premises in a conspicuous location one or more signs bearing the following
legend:
CRUISING IN OR CONGREGATING AND LOITERING OUTSIDE OF A MOTOR
VEHICLE IS UNLAWFUL. NO UNOCCUPIED VEHICLES MAY BE LEFT ON THE RESTAURANT
PREMISES WITHOUT THE CONSENT OF THE RESTAURANT OR SHOPPING CENTER
OPERATOR.
[Amended 6-8-83 by Ord. No. 4-83; 9-3-03 by Ord. No. 5-2003]
Any person or persons who permit, cause, or assist in violation
of this chapter shall be, upon conviction thereof, fined in an amount
not less than $100 and not more than $500 or be imprisoned in the
county jail for a period not exceeding 90 days, or both. Each day
such violations are committed or permitted shall constitute a separate
offense and be subject to the penalties as herein provided.
[Amended 6-8-83 by Ord. No. 4-83; repealed and replaced 10-19-94 by Ord.
No. 17-94; amended 9-3-03 by Ord.
No. 5-2003]
All drive-in restaurants shall be closed to customers between
the hours of 2:00 a.m. and 6:00 a.m., prevailing time.
