[1969 Code § 50-1; Ord. No. 2016-23]
The creation of any unreasonably loud, disturbing and unnecessary noise in the Borough of Elmwood Park, or which has an effect on the residents of Elmwood Park, is prohibited.
[1969 Code § 50-2; Ord. No. 2016-23]
The following acts, among others, are declared to be disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive.
a. 
The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal or other warning signal.
b. 
The playing of any radio, musical instrument, electronic or sound producing device in such a manner or with such volume, including, but not limited to, the hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel, apartment house or other location in Elmwood Park.
c. 
The keeping of any animal or bird which, by frequent or long-continued noise, shall disturb the quiet, comfort or repose of any person in the vicinity. No person shall own any dog or other animal which habitually barks, howls, cries or makes other noise over a prolonged period of time, whether during the day or night. No person shall own more than one animal, including dogs, which as a collective group habitually bark, cry, howl or make other noise over a prolonged period of time, whether during the day or night. Nothing in this section shall prohibit the normal and occasional barks, cries, howls or other noises associated with any one such animal. In imposing a sentence for a conviction under this section, the Magistrate may take into consideration the constantness, steadiness and frequency of the complained of acts, the period of time over which such acts occurred, attempts by the owner to stop such acts, the causes for such acts, the degree that such acts interrupted or interfered with any neighbor's enjoyment and use of his premises, and the owner's prior convictions under this section.[1]
[Amended 10-18-2018 by Ord. No. 18-24]
[1]
Editor's Note: For provisions regarding barking and howling dogs, see Chapter 5, Subsection 5-4.3.
d. 
The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner, as to create loud or unnecessary grating, grinding, rattling or other noise.
e. 
The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.
f. 
The discharge into the open air of the exhaust of any automobile, motorcycle, steam or other engine, except through a muffler or other device which effectively prevents loud or explosive noises therefrom.
g. 
The creation of any excessive noise on any street adjacent to any school, institution of learning or place of public worship or court while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, provided conspicuous signs are displayed indicating that the same is a school, hospital or court street.
h. 
The carrying on of any and all excavation, demolition, construction, repairs or alteration work shall be permitted between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, during May to August, and between the hours of 7:30 a.m. and 7:00 p.m. during September to April; on Saturday, it shall be permitted between 8:00 a.m. and 2:00 p.m. It shall be prohibited at all other times, including, but not limited to, the entire day on Sunday and federal holidays.
[Amended 9-17-2020 by Ord. No. 20-24]
1. 
However, when the homeowner and/or tenant carries on any construction, repair, or alteration work on his dwelling, property, or apartment, it shall be permitted between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, during May to August; between the hours of 7:30 a.m. and 7:00 p.m. during the months of September to April; on Saturday, it shall be permitted between 8:00 a.m. and 2:00 p.m.; except for that on Sunday the homeowner or tenant shall be allowed to do so between the hours of 10:00 a.m. to 3:00 p.m.; and it shall be prohibited at all other times.
2. 
Only in case of urgent necessity or emergency for the health, safety, and welfare of the public, the Superintendent of Public Works or Business Administrator or the Chief of Police may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, by the terms of which such work may be carried on between 7:00 p.m. and 7:00 a.m.
i. 
The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
j. 
For any persons, for advertising purposes or for the purpose of attracting the attention of the passing public, to play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound on the streets or public places of the Borough or in any place where the sound therefrom is cast directly upon the streets or public places, or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place or of persons in neighboring premises. Nothing herein contained shall be deemed to prohibit the granting by the Mayor and Borough Council of special permits for limited times and in limited locations, for the use of loudspeakers or sound amplifiers when, in its discretion, the public interest shall require.
[1969 Code § 50-3; Ord. No. 2016-23]
No person shall play, use or operate for advertising purposes or for any other purpose whatsoever, any device known as a sound truck, loudspeaker or sound amplifier or any other instrument known as a calliope, or any instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operating in, or which has an effect on the residents of, Elmwood Park. This provision shall not apply to radios and similar devices intended for and operated at a level of sound appropriate to the occupants of any vehicles in which such devices are contained.
[1969 Code § 50-4; New; Ord. No. 2016-23]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[1]
Editor's Note: Prior ordinance history includes portions of 1969 Code §§ 34-6, 34-7 and §§ 45-1 - 45-15.
[Ord. No. 05-32 § I]
The purpose of this section is to establish requirements to control littering in the Borough of Elmwood Park, so as to protect public health, safety and welfare, and to prescribe penalties or the failure to comply.
[Ord. No. 05-32 § II]
For the purpose of this section, the following terms, phases, words and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic, or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
PERSON
Shall any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
[Ord. No. 05-32 § III]
a. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
b. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
[Ord. No. 05-32 § IV]
This section shall be enforced by the Police Department and Health Department of the Borough of Elmwood Park.
[Ord. No. 05-32 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject be a fine not to exceed $100.
[Ord. No. 01-18 § 5]
As used in this section:
GUARDIAN
Shall mean a person who has qualified as a guardian of the under-aged person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the under-aged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
[Ord. No. 01-18 § 1A]
Any person under the legal age to purchase alcoholic beverages who knowingly possesses or consumes any alcoholic beverage in or on any school property, public conveyance, public place or place of public assembly or on private property shall be in violation of this section.
[Ord. No. 01-18 §§ 1B, 2-5]
a. 
A person found guilty of a violation of this section shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
b. 
The Municipal Court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Municipal Court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or the postponement period imposed by the Court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement including a suspension or postponement of the privilege of operating a motorized bicycle shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years. If considered necessary by the Court, the defendant may be referred to an alcohol treatment program at the defendant's expense.
c. 
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the Municipal Court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the Municipal Court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.
d. 
The Municipal Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
e. 
If the person convicted under this section is not a New Jersey resident, the Municipal Court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the Division of Motor Vehicles the required report. The Municipal Court shall not collect the license of a non-resident convicted under this section.
[Ord. No. 01-18 § 5]
a. 
This section shall not prohibit an under-aged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite of consuming.
b. 
This section shall not prohibit an under-aged person from consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
c. 
This section shall not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the New Jersey Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a County vocational school or post secondary educational institution. However, this section shall not be construed to preclude the imposition of a penalty under N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 02-18, Preamble]
The Mayor and Council of the Borough have adopted as one of their goals the reducing of use of tobacco products by minors, and it is illegal to sell tobacco products to minors. The existing State Statute N.J.S.A. 26:3D-15 restricts smoking on the premises of educational institutions, and such smoking restrictions do not currently apply to public right of way areas surrounding educational institutions.
The State has enacted legislation creating a Drug-Free School Zone within 1,000 feet of all schools, and the United States Food and Drug Administration is considering the regulation of nicotine as an addictive substance.
[Ord. No. 02-18 § 1]
a. 
It is unlawful for minors under the age of 18 or any student of any elementary or secondary educational institution to use tobacco products within the public right of way areas within a radius of 1,000 feet of any elementary or secondary educational institution.
b. 
Appropriate signs shall be posted at the perimeter of the 1,000-foot radius indicating the existence of a Drug-Free School Zone in accordance with State regulation and a Smoke-Free School Zone in accordance with local ordinance.
[Ord. No. 02-18 § 2]
a. 
Whenever the Health Officer, or his or her designee, or a Law Enforcement Officer reasonably believes there exists a violation of this section, he or she may issue a summons and complaint not later than 30 days after discovery of alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to this section alleged to have been violated. The complaint shall be delivered or sent by Certified Mail to the alleged violator.
b. 
The Health Officer, his designee, a Law Enforcement Officer or any other person charged with enforcement of this section, after giving proper identification, may inspect any matter, thing, incident, or event as necessary.
c. 
Lawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or any other person charged with enforcement of this section who may request the assistance of the Elmwood Park Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
d. 
Citizens may bring complaints against violators of this section.
[Ord. No. 02-18 § 3]
This section shall not apply to private property.
[Ord. No. 02-18 § 4]
Unless otherwise provided by law, Statute or ordinance, any person violating any of the provisions of this section shall, upon conviction thereof, pay a penalty of not less than $25 nor more than $100 for each offense. Penalties for first violations may be in the form of community service. Complaint shall be made in the Municipal Court of the Borough of Elmwood Park or before such other judicial officer having authority under the laws of the State of New Jersey.
[Ord. No. 98-20 § 1; Ord. No. 2017-36]
As used in this section:
PUBLIC BUILDING
Shall mean any publicly-owned or leased library or museum and school property.
PUBLIC HOUSING FACILITY
Shall mean any dwelling, complex of dwellings, accommodation, building, structure, or facility and real property of any nature appurtenant thereto, and used in connection therewith, which is owned by or leased to a local housing authority in accordance with the "Local Redevelopment and Housing Law" (N.J.S.A. 40A:12A-1 et seq.) for the purpose of providing living accommodations to persons of low income.
PUBLIC PARK
Shall mean a park, recreation facility or area or playground owned or controlled by a State, County, or Local government unit.
[Ord. No. 98-20 § 2; Ord. No. 2017-36; amended 9-17-2020 by Ord. No. 20-25]
a. 
In accordance with N.J.S.A. 2C:35-7, the Drug-Free School Zone Map, indicating the locations of all school property within the Borough of Elmwood Park, and demarcating the areas located within 1,000 feet of these properties, has been filed in the office of the Borough Clerk, as follows:
1. 
Alaimo Group, Borough Engineers, certifies that the map indicating the areas of demarcation, prepared by them, dated June 2020, is true and accurate.
2. 
The Drug-Free School Facilities Zone Map, heretofore certified by Alaimo Group, Borough Engineer, dated June 2020, is hereby approved.
b. 
In accordance with N.J.S.A. 2C:35-7.1, the Drug-Free Zone Map, indicating the locations of all public housing facilities, public parks and public buildings within the Borough of Elmwood Park, and demarcating the areas located within 500 feet of these properties, has been filed in the office of the Borough Clerk, as follows:
1. 
Alaimo Group, Borough Engineers, certifies that the map indicating the areas of demarcation, prepared by them, dated June 2020, is true and accurate.
2. 
The Drug-Free Zone Map, heretofore certified by Alaimo Group, Borough Engineer, dated June 2020, is hereby approved.
[Ord. No. 95-6 § 1]
No person shall purposely or knowingly vandalize, deface or otherwise damage the tangible property of another by painting, writing, drawing, or otherwise inscribing in any fashion of materials what is commonly known as graffiti. For the purpose of this section, graffiti shall include any form of painting, writing or inscription regardless of the content of said or nature of materials used in the commission of the act.
[Ord. No. 95-6 § 2]
If at any time of the offense charged, any persons shall be under the age of 18 years, the Superior Court of New Jersey, Family Part, shall have exclusive jurisdiction of such minor, and such minor shall be surrendered to the Superior Court of New Jersey, Family Part, and the case, including all papers and process thereto, shall be transferred to such Court as provided in N.J.S.A. 2C:4-11.
[Ord. No. 95-6 § 3]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1 § 1-5. The Municipal Court shall have the authority to order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged. In the event that the offender is unable, for any reason, to comply with the above, the Municipal Court shall have the authority to order that the offender make the necessary monetary restitution to restore the property to its original condition.
[Ord. No. 95-6 § 4]
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of minor under 18 years of age who fails or neglects to exercise reasonable supervision and control of the conduct of such minor, shall be liable in a civil action for any destruction or damage caused by such offender under the legal age under Subsection 3-6.1.
[Ord. No. 05-21; Ord. No. 2016-20; Ord. No. 2017-24]
It shall be unlawful for any person to use, possess or maintain any lighted tobacco products or other smoke producing products, including the use of e-cigarettes or vaping, within any public right-of-way or any property owned or leased by the Borough of Elmwood Park, including parks, playgrounds, ball fields, athletic facilities, and all buildings and properties owned or leased by the Borough of Elmwood Park.
[Ord. No. 05-21; Ord. No. 2016-20; Ord. No. 2017-24]
This section shall be enforced by the Elmwood Park Police Department or its designees. Any person who commits a violation of this section shall, upon conviction thereof, pay a fine not to exceed $200 providing that, in accordance with N.J.S.A. 2C:33-13b, adequate notice of such prohibition has been conspicuously posted. Any person may inform any person perceived to be violating this section, of the provisions of this section.[1]
[1]
Editor's Note: Prior Code § 3-27, Smoking in Public Places Owned by the Borough, as established by Ord. No. 05-21 is superseded by Ord. No. 2016-20 and Ord. No. 2017-24.
[Ord. No. 86-8 § 3; Ord. No. 2017-21]
The owner or operator of a vehicle shall not stop, stand or park the vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of traffic, on the right-hand side of the road. All four tires must be on the paved portion of the roadway and with the curb side of the vehicle within six inches of the edge of the roadway, except as follows:
a. 
Upon those streets which have been designated by ordinance and have been marked or signed for angle parking, vehicles shall be parked at the angle to the curb designated and indicated by the ordinance and marks or signs.
b. 
Upon one-way streets, local authorities may permit parking of vehicles parallel with the left-hand edge of the roadway headed in the direction of traffic, on the left-hand side of the road and with the curb side of the vehicle within six inches of the edge of the roadway.
Parking of motor vehicles on lawns, yards or landscaped areas is prohibited.
[Added 9-16-2021 by Ord. No. 21-19]
a. 
It is established that there shall exist parallel parking and angle parking created in and around the Borough of Elmwood Park. That such designated areas shall be marked by way of painted lines, plastic, or any other marking, designating the areas of the parking stalls.
b. 
The size and dimension of those parking stalls shall be determined by the Borough Business Administrator, the Borough Attorney, Borough Engineer, and the Police Chief.
c. 
Where parking stalls are indicated by painted lines, plastic markers or any other marking upon the public streets indicating parallel, angle or other types of parking, it is unlawful to stand or park a vehicle other than wholly within the stalls so indicated.
d. 
When such areas are marked for angle parking, all vehicles must be parked so that the right front tire is within 18 inches of the curb line. Backing into the space is prohibited.
e. 
Vehicles shall park at the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of the allotted space.
f. 
Vehicles in excess of 22 feet in length shall not park in angle spaces, to avoid creating a roadway hazard. This would include vehicles with cargo that protrudes beyond the vehicle bumper that exceeds a total length of 22 feet.
g. 
Exemption: Vehicles actively engaged in construction activities or commercial deliveries may back into or occupy a space to avoid conflict with passing traffic while loading and unloading necessary materials or cargo. This does not allow a construction vehicle or commercial delivery vehicle to occupy the parking space if such parking constitutes a hazard to passing traffic or pedestrians.
h. 
Exemptions may also be issued pursuant to a valid special event permit or encroachment permit, which can be obtained by request through the Business Administrator and or the Police Chief.
i. 
Penalty and Fines. Failure to comply with the provisions of this section shall subject the owner of the vehicle to a fine of $100 for a first violation. For a second violation, the owner of the vehicle shall be subject to a fine of $200. For a third or subsequent violation, the owner of the vehicle shall be subject to a fine of $300.
[1]
Editor's Note: For restrictions on the parking of vehicles over three tons gross weight, see § 7-15.
[1969 Code § 81-3; Ord. No. 86-8 § 2]
As used in this section:
RECREATIONAL VEHICLE, TRAILER OR CAMP CAR
Shall mean any vehicle used or intended for the use as a conveyance upon the public streets or highways, whether the same be duly licensed as such or not, and shall include self-propelled and non-self-propelled vehicles so designed, constructed and reconstructed, or added to by means of accessories, in such a manner as to permit the occupancy thereof as a temporary dwelling or sleeping place for one or more persons, and having no foundation other than wheels, jacks or skirtings, so arranged as to be integral with or portable by said trailer or camp car.
[1969 Code § 81-1; Ord. No. 86-8 § 1; Ord. No. 98-9]
a. 
It shall be unlawful for any person to park, or permit to be located or to be parked, any recreational vehicle, trailer or boat whether the same is on or off a trailer, camp car or non-motorized vehicle on any street within the Borough or within 35 feet from the front of the curb or the end of the pavement in the front of the lot or between the curb or end of the pavement and the front of the building, whichever distance is less, on any premises, lot or other portion of land within the limits of the Borough of Elmwood Park.
b. 
Trailers. The parking of a trailer or vehicle designed for the carrying of persons and/or property and designed for being drawn by a motor vehicle on which its weight rests, with or without motive power, shall be prohibited on public streets in residential zones at all times.
c. 
Violations and Penalties. The penalty for a conviction of this subsection of the Code of the Borough of Elmwood Park shall be as follows:
1. 
For the first conviction, a fine of $100.
2. 
For the second conviction, a fine of $200.
3. 
For the third and subsequent conviction, a fine of $500 and 10 hours of community service as directed by the Judge of the Municipal Court.
[1969 Code § 81-2]
It shall be unlawful for any person to use any trailer or recreational vehicle as a dwelling or sleeping place within the limits of the Borough of Elmwood Park.
[Ord. No. 07-9 § I; Ord. No. 07-14 § I; amended 2-18-2021 by Ord. No. 21-02]
a. 
No person shall park a commercial vehicle, including any vehicle bearing commercial plates, any truck, limousine with OL plates, omnibus, taxi cab, or ambulance, between the hours of 2:00 a.m. and 6:00 a.m., upon any of the streets in the Borough of Elmwood Park. However, nothing in this section shall prohibit any limousine, taxi cab, ambulance or omnibus from picking up or delivering passengers at any time.
b. 
No person shall park or cause to be parked any trucks, buses, limousine or vans over the height of 9 feet clearance measured to the tallest part of the vehicle and or greater than 22 feet in length and or greater than bearing weight of 17,000-pound GVW, on any residential property in the Borough.
[Ord. No. 07-14 § II]
Failure to comply with the provisions of this section shall subject the owner of the vehicle to a fine of $100 for a first violation. For a second violation, the owner of the vehicle shall be subject to a fine of $200. For a third or subsequent violation, the owner of the vehicle shall be subject to a fine of $300.
[1969 Code § 83-44; Ord. No. 14-07]
It shall be unlawful for any person to park or leave standing any vehicle on lands of another, whether publicly or privately owned, in the Borough of Elmwood Park, after notice has been posted as hereinafter provided by the owner, occupant, lessee or licensee prohibiting such parking. Nothing herein contained shall apply to any lands lying within the bounds of any public street or highway.
[1969 Code § 83-45; Ord. No. 14-07]
Suitable signs not less than 18 inches by 24 inches, bearing the words "NO PARKING," together with any qualifications or restrictions of such parking, if any, and conspicuously displayed, shall be posted on said lands by the owner, occupant, lessee or licensee thereof where this section is effective. Defacing, tampering with or damaging such signs when posted shall constitute a violation of this section.
[Ord. No. 14-07]
Any person violating any of the provisions of this section shall be subject to a fine not exceeding $50 or imprisonment for a term not exceeding 15 days or both at the discretion of the Municipal Magistrate/Judge.
[Ord. No. 94-2 § 1]
As used in this section:
DIRECTOR
Shall mean the Director of the Motor Vehicle Commission.
OUTSTANDING WARRANT
Shall mean a warrant issued by the Municipal Court of the Borough of Elmwood Park pursuant to R. 7:6-3 of the Rules Governing the Court of the State of New Jersey after failure of the owner to appear or answer a parking ticket.
PARKING OFFENSE
Shall mean a violation of a State Statute, an ordinance or resolution adopted by a County, municipality or authority or a regulation issued by a State authority which regulates that parking of vehicles. For purposes of this section, violations of ordinances or regulations will be within the civil jurisdiction of the Municipal Court.
PARKING TICKET
Shall mean the summons issued alleging that a parking offense has occurred.
[Ord. No. 94-2 § 1.1]
Any motor vehicle found within the jurisdiction of the Borough of Elmwood Park may be impounded or immobilized if there are any outstanding warrants against the vehicle.
[Ord. No. 94-2 § 1.2]
Except for vehicles owned by lessors who have complied with Subsection 3-11.4 if the outstanding warrants are not paid by midnight on the 30th day following the day on which the vehicle was impounded or immobilized, the vehicle may be sold at public auction.
[Ord. No. 94-2 § 1.3]
a. 
Except as provided herein the owner and operator shall be jointly liable for parking offenses unless the owner can show that the vehicle was used without his consent, express or implied. An owner who pays any fine, penalty, civil judgment, cost or administrative fees in connection with a parking offense shall have the right to recover that sum from the operator in a Court of competent jurisdiction.
1. 
The owner of a motor vehicle who has leased the motor vehicle shall not be liable for a parking offense when the motor vehicle is under the control or in the possession of the lessee if, upon notice of the parking offense, the owner of a motor vehicle which is leased at the time of the offense notifies the Clerk of the Court where the case is pending, by a notarized statement, of the name and address of the lessee. The notarized statement shall be in a form prescribed by the Administrative Director of the Courts.
2. 
After providing the name and address of the lessee, the owner shall not be required to attend a hearing on the offense unless notified that the offense may have been caused by mechanical failure of the vehicle which resulted from the owner's failure to maintain the vehicle.
[Ord. No. 94-2 § 1.4]
The Borough shall give notice of the sale referred to in Subsection 3-11.3 by Certified Mail to the owner if his name and address are known to the holder of any security interest filed with the Director and by publication in a form to prescribed by the Director by one insertion in one or more newspapers published in this State and circulating in the Borough in which the vehicle was impounded or immobilized.
[Ord. No. 94-2 § 1.5]
At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of the motor vehicle upon payment of the reasonable cost of removal and storage of the motor vehicle, any fine or penalty and Court cost assessed against him for a violation that gave rise to the impoundment or immobilization of the motor vehicle, and any outstanding warrants against the vehicle; however, the owner/lessor of a motor vehicle who has complied with Subsection 3-11.4, shall be entitled to reclaim possession without payment and the lessee shall be liable for any fine, penalty, Court cost, and reasonable cost for removal and storage of the motor vehicle and outstanding warrants against the vehicle.
[Ord. No. 94-2 § 1.6]
Any proceeds obtained from the sale of a vehicle at public auction pursuant to Subsection 3-11.3 in excess of the amount owed to the Borough for the reasonable cost of removal and storage of the motor vehicle, any fine or penalty and Court cost assessed against him for violations that gave rise to the impoundment or immobilization of the motor vehicle, and any outstanding warrants against the vehicle shall be returned to the owner of the vehicle if his name and address are known.
[Ord. No. 08-1 § 1]
a. 
No motor vehicle which is uninspected or unregistered or in a state of disrepair or disassembly such as to make it nonoperable, shall not be parked or stored on any property in any residential zone. No motor vehicle while parked in any unenclosed, off-street parking area or driveway in any residential zone shall be stripped, dismantled or undergo any type of major overhaul including body work, on jacks, blocks, with or without tires, or is inoperable in its existing condition.
b. 
It shall be unlawful for any owner, possessor or occupant of lands within the Borough to store, keep, place, park or accumulate upon such lands in any unenclosed area, any motor vehicles or heavy power machinery in need of repair so as not to be readily operated under their own power, requiring substantial repairs, not currently licensed or not being currently used for transportation, in all other zones. It shall be unlawful for any person or persons to park, leave standing or abandon on the land of another, any motor vehicles, automobiles or heavy power machinery in need of repair so as not to be readily operated under their own power. Motor vehicles must be currently licensed and inspected except when parked at an approved automobile repair station, shop or garage.
c. 
It shall be unlawful for any person, possessor or occupant of lands within the Borough to store, keep, place, park or accumulate upon lands; any nonmotorized vehicle or vehicles, any motor vehicles, registered or nonregistered, used for storage of any materials of any kind whatsoever.
[Ord. No. 09-20 § 1]
No person shall park, or permit to remain in any parking space on any public roadway in the Borough of Elmwood Park any vehicle which contains a snowplow from April 1st through November 1st. Vehicles containing snowplows will be permitted from November 2nd to March 31st.
[Ord. No. 09-20 § 1]
The penalty for a first offense is a fine of $100. The penalty for a second or subsequent offense is a fine of $400.
[Ord. No. 2017-03]
It shall be unlawful for any person to park, permit the parking of, or leave unattended, any vehicle, in the Elmwood Park Public Library parking lot overnight or at any time when the library is not open to the public.
[Ord. No. 2017-03]
Failure to comply with the provisions of this section shall subject the owner of the vehicle to a fine of $100 for a first violation. For a second violation, the owner of the vehicle shall be subject to a fine of $200. For a third or subsequent violation, the owner of the vehicle shall be subject to a fine of $300.
[1969 Code § 21-1; Ord. No. 96-13 § 1]
As used in this chapter:
CART
Shall mean a hand-drawn or propelled vehicle or wheeled container made of metal, wood or otherwise, such as is generally provided by merchants for the carting or carrying to automobiles or other places merchandise or foodstuffs.
STREET AND SIDEWALK
Shall mean and include any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert or crosswalk and every class of road, square, place, municipal park, parking field or area, shopping areas, shopping plazas, shopping malls, or other places used by the general public.
[1969 Code § 21-2]
It shall be unlawful for any person to leave or to suffer or permit to be left any cart, either owned by him/her or in his/her possession, custody or control upon any street or sidewalk.
[1969 Code § 21-3; Ord. No. 96-13 § 2; Ord. No. 09-6 § 1]
The Chief of Police shall remove or cause the removal of the cart by notification to the Department of Public Works, who shall be hereby charged with the responsibility of collection of the cart. The owner of any cart removed by the Department of Public Works shall be responsible to pay the Borough the amount of $15 for each cart removed, regardless of whether said cart is redeemed pursuant to Subsection 3-15.5.
[1969 Code § 21-4]
Whenever the Chief of Police shall receive any cart containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person, advising that such cart is held by the Chief of Police and advising the amount necessary to redeem.
[1969 Code § 21-5; Ord. No. 96-13 § 3; Ord. No. 06-23; Ord. No. 09-6 § 1]
Any impounded cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and he shall be entitled to receive such cart upon tendering the sum of $50. In addition, the person seeking to redeem shall pay the cost of advertising the sale thereof, if any. No cart shall be delivered to a person seeking to redeem unless proof establishing to the satisfaction of the Chief of Police such person's ownership or right to possession is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the Borough against any other person claiming to be entitled thereto. The person to whom delivery ought to have been made may recover the same with interest and costs from the person to whom the same shall have been delivered.
[1969 Code § 21-6; Ord. No. 96-13 § 4; Ord. No. 06-23]
If any impounded cart remains in the custody of the Chief of Police on the 30th day of the month next following the date of impoundment, and with respect to which no person has presented to the Chief of Police proof establishing to his satisfaction such person's ownership or right to possession, the Borough Clerk shall give public notice in the official newspaper of the Borough, advising that at a specified place and time, not less than five days after such notice is published, such cart shall be sold at public auction for the best price to be obtained. A general description in such notice of the cart to be sold shall be sufficient. The sale shall be conducted by the Borough Clerk or the Clerk's designee.
[1969 Code § 21-7]
In the event that any impounded cart shall remain unsold at public auction, the Chief of Police may reoffer such cart for sale at a subsequent public auction held pursuant to this section, or he may dismantle, destroy or otherwise sell or dispose of such cart. Any such sale or other disposition of such cart pursuant to this chapter shall be without liability on the part of the Borough to the owner of such cart or other person lawfully entitled thereto or having interest therein.
[1969 Code § 21-8; Ord. No. 96-13 § 5]
Immediately after an impounded cart is redeemed, the Chief of Police shall remit to the Borough Treasurer the amount received for redemption, costs and expenses of the article redeemed, together with an itemized statement thereof. Immediately after a sale or other disposition of such cart, the Borough Clerk shall remit to the Borough Treasurer the proceeds of sale or other disposition of such cart, with an itemized statement of the article sold, the price received and the costs and expenses of sale, and the Borough Treasurer shall retain such proceeds and credit them to the general fund.
[1969 Code § 21-9; Ord. No. 96-13 § 6]
Any person who is found guilty in the Municipal Court of the Borough of Elmwood Park of any of the provisions of Subsection 3-15.2 shall be fined an amount not to exceed the sum of $100 for the first offense together with the costs of Court. In the event of any second or subsequent violation of Subsection 3-15.2 the fine shall be $150 plus costs of Court for each and every violation. Any owner redeeming a cart pursuant to the provisions of Subsection 3-15.5 shall not be subjected to this fine.
[(Prior ordinance history: 1969 Code §§ 9-30, 9-32)]
[1]
Editor's Note: See Subsection 2-63.1, fees for raffles or bingo license.
[Ord. No. 2017-02]
Pursuant to the provisions of N.J.S.A. 5:8-51, the Council of the Borough of Elmwood Park may issue a license to any qualified organization, as that term is defined in N.J.A.C. 13:47-1.1, to hold and operate the specific kind of game or games of chance commonly known as a "raffle" or "raffles," played by drawing for prizes or the allotment of prizes by chance, by the selling of shares or tickets or rights to participate in such game or games and by conducting the game or games accordingly when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious or public-spirited uses and, in the case of senior citizen associations and clubs, to the support of these organizations and for any such organization or association, church, congregation, society, club, company or squad when so licensed (or without any license when a senior citizen association or club holds, operates and conducts games of chance solely for the amusement and recreation of its members under a special license issued pursuant to N.J.S.A. 5:8-51.1) to hold, operate and conduct such game of chance by its active members pursuant to law and such license in the Borough of Elmwood Park and to sell shares or tickets or rights to participate in such game or games of chance therein and under such conditions and regulations for the supervision and conduct thereof as shall be prescribed by the rules and regulations duly adopted from time to time by the Legalized Games of Chance Control Commission, but only when the entire net proceeds thereof are devoted to the uses afore stated, and for any person or persons to participate in and play such games of chance conducted under any such license.
[Ord. No. 2017-02]
Each applicant for a license shall file with the Borough Clerk a written application as provided for in N.J.S.A. 5:8-52 and N.J.A.C. 13:47-3.2 (Form 2R-A).
[Ord. No. 2017-02]
License application shall be filed in quadruplicate with the Municipal Clerk in accordance with the provision of N.J.A.C. 13:47-3.3, or as such regulations may be amended. One copy shall be retained by the Municipal Clerk, the second copy shall be returned to the applicant after a license has been granted or denied; third copy shall be forwarded to the Control Commission by the Municipal Clerk and the fourth copy shall be delivered to the Police Department. The application shall be submitted to the Borough Clerk not later than during her regular business hours on the Tuesday preceding any regular meeting of the Mayor and Council. License fees shall be set as set forth in N.J.S.A. 5:8-53.
[Ord. No. 2017-02]
On-premises raffle, as defined by law and the rules and regulations of said Legalized Games of Chance Commission, shall not be conducted after midnight of the day for which a license has been issued to conduct said games of chance.
[Ord. No. 2017-02]
Licenses for raffles are hereby authorized to be issued covering operation of said games on Sunday, under the authority of N.J.S.A. 5:8-31 and 5:8-58.
[Ord. No. 2017-02]
Any person, firm, or corporation violating any of the provisions of this section shall be subject to such penalties as are provided for in Chapter 1, § 1-5 of the Revised General Ordinances of the Borough of Elmwood Park.
[Ord. No. 2017-02]
The Borough Clerk is hereby delegated the authority to approve the granting of raffle licenses within the Borough of Elmwood Park.
[Amended in entirety 3-17-2022 by Ord. No. 22-05. Prior history includes 1969 Code § 75-1.]
[Amended 3-17-2022 by Ord. No. 22-05]
BODY PIERCER
Is one who engages in body piercing.
BODY PIERCING
Refers to the piercing of any portion of the human body for placement of any type of jewelry or any other ornamentation other than ear lobe piercing.
CERTIFICATE OF INSPECTION
Shall mean written approval from the Health Officer or his/her authorized representative that said tattooing or body piercing establishment has been inspected and meets all of the terms of this section.
ESTABLISHMENT
Means the premises wherein tattooing or body piercing is performed.
HEALTH OFFICER
Shall mean the Elmwood Park Borough Health Officer or his/her authorized representative.
OPERATOR
Shall mean any individual, firm, company, corporation, or association that owns or operates an establishment where tattooing or body piercing is performed and any individual who performs or practices the art of tattooing on the person of another.
PERSONAL IDENTIFICATION
Shall mean a document or other written or memorialized instrument setting forth the presenter's true name, address, correct age, or other identifying data, examples of which include but are not limited to driver's license, a credit card issued by a national company, birth certificate, passport, employment identification card, or any instrument issued by a governmental agency setting forth the pertinent and required information.
SANITIZE
Means a bacterial treatment of cleaned surfaces by a process which is effective in reducing the number of microorganisms to a safe level.
SINGLE-USE
Means products or items that are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze, and sanitary covering, razors, needles, scalpel blades, stencils and ink cups.
STERILIZATION
Means the destruction of all forms of micro biotic life, including spores, through the use of a steam sterilizer or autoclave.
TATTOO ARTIST
Is one who engages in tattooing.
TATTOO, TATTOOED, or TATTOOING
Refers to any method of placing designs, letters, scrolls, figures, symbols, or any marks under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to puncture the skin.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
It shall be unlawful for any operator to engage in the business of operating an establishment where tattooing or body piercing is performed without first obtaining a license from the Elmwood Park Health Department to engage in such business in accordance with the provisions hereof.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
Application for licenses under this section shall be filed with the Elmwood Park Health Department, in writing, upon such printed forms as the Elmwood Park Health Department shall prescribe and prepare.
b. 
The application forms may be obtained from the Elmwood Park Health Department and shall be signed by the applicant under oath and shall contain the following information:
1. 
If an individual, the full name, age, sex, residence address at the time of application.
2. 
If a corporation, the full corporate name, the date and the state of incorporation, address of the place or places of business, the name and address of the registered agent, and the name, address and age of any principal owning more than 10% of the stock.
3. 
If a partnership, the information required by paragraph 1 above for each partner and the name under which the business is being conducted.
4. 
The apprenticeship, training and/or business experience of the applicant in the business or occupation for which the license is sought.
5. 
The length of time that the applicant has engaged in such business or occupation.
6. 
Whether the applicant carries public liability insurance, and, if so, the amount of said coverage and the company providing such liability insurance.
7. 
Name, address and age of every tattoo artist and/or body piercer to be initially employed to conduct the service. This shall be a continuing obligation for licenses to update once a year the list of tattoo artists and/or body piercers employed by the establishment.
8. 
State the date upon which Construction Official has approved the location for business.
c. 
No ownership rights in any license or renewal hereof granted under the provisions of this Article shall be assignable or transferable without the permission of the Health Department whose permission shall not be unreasonably withheld. Any change of ownership shall require a new application and license with payment of fees.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
An application for an initial license shall be filed with the Health Department of the Borough of Elmwood Park accompanied by a fee in the amount of $200.
b. 
The renewal license fee for engaging in the business of operating an establishment subject to this section within the Borough of Elmwood Park shall be $100 per year.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
All licenses shall expire on the last day of each calendar year. The first license expiration date for renewal shall be December 31, 2021.
b. 
All applications for renewal must be presented to the Health Department in writing on a form prescribed by the Health Department, within 30 days prior to the end of the calendar year.
c. 
Establishments failing to apply within the specified time period will be considered new applicants and will be subject to the provision of Subsection 3-19.3.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
If renovations of the tattoo or body piercing establishment occur, plans must be submitted to the Elmwood Park Health Department and the applicant will be required to comply with all section herein, as well as all other applicable Building codes, regulations, local and state zoning laws and or any other applicable laws.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
In the event that an applicant fails to qualify for a license under this section, the fee herein shall be non-refundable.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
The license issued pursuant to this section shall be posted conspicuously in the place of business or location named therein.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
All establishments shall manage contaminated (body fluids) contact waste materials as medical waste pursuant to N.J.A.C. 7:26-A.8.
b. 
All establishments shall be licensed with the State of New Jersey as a medical waste generator, pursuant to N.J.A.C. 7:26-A.8, prior to approval from the Elmwood Park Health Department.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
It shall be a violation of this section for anyone or any tattoo or body piercing business to tattoo or body pierce any individual under 18 years of age without authorization signed by the parent or legal guardian, witnessed and attested to by a notary public. The operator/owner or principal shall be responsible for maintaining the original consent form and copies of all consent information for a period of two years beyond the recipient's 18th birthday. The operator shall obtain a copy of a two forms of personal identification of such individual being tattooed and/or pierced.
b. 
Each person wishing to receive a tattoo or body piercing must first sign a consent form presented by the operator the content of which has been approved by the Elmwood Park Health Department. This form shall commence with the following statement: "1 swear, certify or affirm under the penalties of false swearing or perjury the following information. The consent form shall contain language above the applicant's signature which shall read, "I have read and understand the contents of this form, and acknowledge that an operator of the above-named tattoo and/or body piercing establishment has reviewed the same with me. I have presented to the operator the following forms of identification which I represent, warrant and guarantee are truthful and correct and are identification that relates to me. I further represent that I am an adult over the age of 18, and am not currently intoxicated or under the influence of any narcotic substance, and make this statement entirely of my own free will and sound mind." The form shall also include a signature line for the operator above which the following language shall appear: "I have reviewed the language of this form with the applicant who has represented to me that he/she fully understands the contents of same, and that the information provided is truthful, in addition, I have reviewed the documentation presented by the applicant with respect to his/her age. "If the applicant appears to be visibly intoxicated or disoriented, the operator must refuse the applicant
c. 
All records regarding tattoos or body piercing are to be maintained for a minimum of two years. Information required for each applicant referred to in paragraph b is to include the name, age, date of birth, health history including allergies and medical conditions, home address and telephone numbers of the applicant as well as the name of the person who did the tattoo or body piercing, the design, location and the date of the tattoo or type of body piercing done.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
Each tattoo or body piercing facility shall have a bathroom accessible to the public and staff, and a stainless steel sink in a separately designated sterilization room which is to be used by staff only as required by this section. The sink in the sterilization room shall be connected to hot and cold running water. Each bathroom shall be equipped with a commode and a sink, with the sink being connected to hot and cold running water.
b. 
Soap and sanitary towels, or other approved hand drying devices, shall be available at the sink in the bathroom(s) and sterilization room at all times.
c. 
Common towels are prohibited. Employee hand washing signs shall be posted in each bathroom and sterilization room. There shall be no door requiring the use of a tattoo artist/body piercer's hand in going from a hand-washing area to a work area.
d. 
The chair or seat reserved for the person receiving the tattoo or body piercing shall be a material that is smooth and easily cleanable and constructed of material that is non-absorbent. Any surface on the chair that becomes exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.
e. 
The work table or counter used by the tattoo artist or body piercer shall be smooth and easily cleanable and constructed of material that is non-absorbent. There shall be a non-permeable juncture between a table/counter and a wall if the table/counter is to be placed against a wall. This table/counter must be cleaned and sanitized (utilizing a method approved by the Elmwood Park Health Department) between customers.
f. 
The tattooing or body piercing area walls shall be smooth and easily cleanable, and constructed of a non-absorbent material.
g. 
The floor in the tattooing or body piercing area shall be of durable material that is non-absorbent, smooth, and easily cleanable. Floors shall be kept clean.
h. 
Lighting within the tattoo or body piercing area shall be adequate so as to provide a minimum of 100-foot candles in all areas. Such illumination shall be reasonable free from glare and distributed to avoid shadows.
i. 
Each establishment must contain at least one enclosed "privacy room" so as to protect the confidentiality of the applicant, and revelation of the service provided. The privacy room must be used when tattooing or body piercing is to be performed on either female breasts, or the buttocks or groin areas of males or females. The privacy room shall have a swinging type door for ingress and egress, and be separated from other areas of the establishment by either walls or durable partitions, or other materials able to be sanitized, extending at least six feet in height and so designed to prevent visual observation of the customer and the tattoo artist from any other area by any persons other than the customer and the tattoo artist or body piercer.
j. 
Any surfaces in the establishment that become exposed to blood or body fluids must be cleaned and sanitized, utilizing a method approved by the Elmwood Park Health Department.
k. 
Cleaning, disinfection and sterilization activities must be conducted in a physically separate work area. This area should have a clearly defined work pattern from soiled to clean in order to prevent cross-contamination. All sterile equipment must be stored in enclosed cabinets outside of the processing room. All containers, regardless of size, must be clearly marked with the name of the product.
l. 
Proper waste receptacles shall be provided and waste shall be disposed of at appropriate intervals.
m. 
The use of tobacco in any form in the establishment is prohibited.
n. 
The consumption of food or drink shall be prohibited in the tattoo/body piercing work areas of the parlor.
o. 
Only articles considered necessary for the routine and customary operation and maintenance of the tattoo/body piercing business shall be permitted in the tattoo or body piercing establishment.
p. 
No live bird, turtle, snake, dog, cat, or another animal shall be permitted in any area used for the conduct of tattooing and/or body piercing operations or in the immediate open, adjacent areas, including the main waiting area and the public access to the toilet room, with the exception of animals utilized for the assistance of the blind and/or deaf.
q. 
Adequate measures shall be taken to protect the entrance into the parlor and the breeding or presence on the premises of insects and rodents.
r. 
Anyone using pesticides must be certified by the State of New Jersey for application of same.
s. 
The use of pesticides shall not result in the contamination of dyes, inks, ink reservoirs, needles, jewelry or gloves, or any equipment used in connection with the operation.
t. 
Proper ventilation and exhaust will be provided.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
Tattoo Artist or Body Piercer/Operator Certificate.
1. 
No person shall practice the art of tattooing or body piercing within the Borough of Elmwood Park without first obtaining a certificate from the Health Department.
2. 
All certificates shall automatically expire on December 31 annually.
3. 
No certificate to practice the art of tattooing or body piercing shall be issued unless:
(a) 
The applicant furnishes proof of having previously held such a certificate; or
(b) 
The applicant provides proof of having practiced the art of tattooing or body piercing as a full-time occupation, which may take the form of a letter from a tattoo and/or body piercing establishment representing that the applicant is/was employed by the said establishment as a tattoo artist or body piercer, or that the applicant presently operates or had in the past operated a tattoo or body piercing establishment, or had in the past or currently maintains an ownership interest in a business, partnership or corporation which operates or operated a tattoo or body piercing establishment; and
(c) 
The applicant furnishes proof of having attended bloodborne pathogen training which includes principles of disinfection and sterilization. Compliance with this paragraph will be waived for guest tattoo artists retained by the establishment so long as the customer upon whom the guest tattoo artist is to provide the service is provided with prior written notice that the guest tattoo artist has not attended bloodborne pathogen training, including principles of disinfection and sterilization, and
(d) 
Proof of Hepatitis B pre-exposure vaccination or proof of immunity is recommended for all tattoo artists or body piercers. Notwithstanding the foregoing, all tattoo artists or body piercers shall provide the Elmwood Park Health Department with one of the following:
(1) 
Proof of Hepatitis B pre-exposure vaccination or proof of immunity; or
(2) 
A letter or statement from a physician certifying that the individual does not have Hepatitis B and the vaccination is contraindicated; or
(3) 
A written statement or letter signed by the tattoo artist or body piercer declining to provide the information sought in the immediately preceding paragraphs (1) or (2).
4. 
The operator shall develop operating guidelines, in accordance with the C.D.C. and O.S.H.A., that will reduce the likelihood of accidental needle sticks and establish a monitoring system for those person(s) accidentally stuck by a needle. The guidelines shall be submitted to the Elmwood Park Health Department for approval before the issuance of a license and subsequent renewals of the license, and
(a) 
The applicant pays the initial and annual certificate fee of $25.
5. 
Each application for a certificate shall set forth:
(a) 
The name and address of the applicant;
(b) 
A physical description of the premises where tattooing/body piercing is to be done;
(c) 
Such other information as the Department may require.
(d) 
Certificates shall be issued unless the Elmwood Park Health Department demonstrates that the tattoo/body piercing operator has failed to comply with the provisions of this section after being afforded a reasonable opportunity to cure any deficiencies found in its application.
(e) 
All certificates shall be conditioned upon continued compliance with the provisions of this section as well as other applicable provisions.
(f) 
The certificate shall be posted in a prominent and conspicuous area where it may be readily observed by patrons.
6. 
The operator of a tattoo/body piercing establishment shall submit a written aftercare plan to the Elmwood Park Health Department. Body piercing establishments will submit an aftercare plan specific to each body site intended to pierce.
7. 
Before working on each patron, each tattoo artist or body piercer shall scrub and wash his/her hands thoroughly with hot water and antiseptic soap. Fingernails shall be kept clean and short.
8. 
Disposable vinyl or latex gloves shall be worn by the tattoo artist or body piercer during tattoo preparation and application to prevent contact with blood or body fluids. Universal precautions described by the Centers for Disease Control and Prevention (C.D.C.) shall be followed. All materials shall be disposed of following all of the respective sections of this section as well as all required health rules and regulation covering the policy of this section after contact with each patron. Hands shall be washed immediately after the removal of gloves. Any skin surface that has contact with blood shall be cleaned immediately.
9. 
Immediately after tattooing or body piercing a patron, the tattooist or body piercer shall advise the patron on the care of the tattoo or body piercing in a written form and shall instruct the patron to consult a physician at the first sign of infection of the tattoo or body piercing. Printed instructions regarding these points shall be given to each patron.
10. 
All medically diagnosed infections resulting from the practice of tattooing or body piercing which become known to the operator shall be promptly reported to the Health Officer by the person owning or operating the tattoo or body piercing establishment or by the tattoo artist or body piercer within 24 hours.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
The establishment shall comply with all the current O.S.H.A. requirements applicable to its operation.
b. 
No person affected with infected wounds, open and infected sores, and acute respiratory infection shall work in any area of a tattoo or body piercing establishment in any capacity in which there is a likelihood of contaminating tattoo or body piercing equipment, supplies, or work surfaces.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
Tattooing or body piercing shall be done only on a normal, healthy skin surface free of moles or infection.
b. 
Only safety razors with disposable blades shall be used for skin preparation. Blades shall be disposed of according to this section after each use, and new blades shall be used for each patron.
c. 
Following shaving, the area shall be thoroughly cleaned and scrubbed with a tincture of green soap or its equivalent and warm water. Before placing the design or body piercing on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry.
d. 
Piercing mucous membranes (i.e., oral, nasal, vaginal, etc.) shall be treated with an industry-appropriate and medically indicated antiseptic solution before the procedure.
e. 
Only petroleum jelly (U.S.A. or National Formulary) or antiseptic ointment shall be applied to the tattoo area before tattooing or body piercing. The ointment shall be applied in a sanitary manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may also be used.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
The use of single service hectographic stencils shall be required for applying a tattoo outline to the skin. Multi-use stencils shall be prohibited.
b. 
Only non-toxic dyes or pigments may be used. Pre-mixed sterile materials are preferred. Pre-mixed dyes shall be used without adulteration of the manufacturer's original formula. The operator shall represent to the Elmwood Park Health Department, at the time of license application and renewal, that to the best of his/her knowledge, the dyes and pigments used in tattoo applications are of non-toxic origins and shall submit supporting documentation on same. The operator shall also present to the Elmwood Park Health Department labels or manufacturer's data sheets relating to dyes and pigments or such other written documentation as is applicable to the dyes and pigments that are non-toxic or non-hazardous to human health.
c. 
Single service or individual containers of dye or ink shall be used for each patron, and the container disposed of immediately after completing work on each patron.
d. 
The completed tattoo shall be washed with sterile gauze or single-use paper tissue, and a solution of tincture of green soap or its equivalent, then disinfected with 70% alcohol. The area shall be allowed to air dry and antiseptic ointment shall be applied and spread with sterile gauze and sterile dressing attached.
e. 
Upon completion of piercing or the mucous membranes, the area shall be disinfected with the industry-appropriate and medically indicated solution.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
Only single service sterilized needles and needle bars shall be used for each patron.
b. 
If solder is used in manufacturing needles, needle bars or needle tubes, it must be free of lead.
c. 
Any needle that penetrates the skin of the tattoo artist or body piercer shall be immediately disposed of in accordance with this section.
d. 
Needle tubes shall be ultrasonically cleaned in a solution which is alconox or its equivalent, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with this section, stored in sterile bags and maintained in a dry, closed area.
e. 
Each item to be sterilized shall be individually wrapped using chemical indicator bags or chemical indicator strips. Sterilization shall be by steam sterilization/autoclave. The autoclave shall be well maintained with a tight fitting gasket and clean interior. The manufacturer's operating instructions and sterilization specifications shall be at hand. The sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of sterilization cycle. Proper functioning of sterilization cycles shall be verified by the monthly use of biologic indicators (i.e., spore tests). A record of these monthly test results shall be available, and a test may be required to be done during any inspections. Establishments are required to maintain an autoclave on site, with a minimum interior chamber that is no less then seven inches in diameter and 15 inches in depth.
f. 
If the primary source of sterilization malfunctions, the Elmwood Park Health Department shall be notified no later than four hours after the deficiency. In an emergent situation, the Elmwood Park Health Department may approve alternate sterilization techniques.
g. 
Needles and bars shall not be bent or broken prior to disposal. Tattoo artists or body piercers shall take precautions to prevent injuries from contaminated needles or tubes.
h. 
All dyes and inks shall be from a source of supply which complies with applicable U.S. Food and Drug Administration regulations when available. Dyes and inks are to be used in accordance with the manufacturer's directions and are not to be adulterated with any substance not recommended by the manufacturer.
i. 
Immediately before applying a tattoo, the quantity of dye to be used for the tattoo shall be transferred from the dye bottles and placed into sterile, single-use paper cups or plastic caps. Upon completion of the tattoo, these single use cups or Caps and their contents shall be discarded.
j. 
Excess dye or ink shall be removed from the skin with a single service wiping tissue or sterile gauze which shall be discarded after each use.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
All used needles, needle bars or other disposable tools used in the tattooing process, as well as gloves, gauze and other materials saturated with blood or body fluids, shall be removed through the use of a licensed medical waste hauler.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
No tattoo studio or body piercing studio shall be permitted within 500 feet of any school, park or house of worship, and no closer than 500 feet to other tattoo studio or body piercing studio or adult entertainment location should any exist.
b. 
To the extent that a tattoo studio or body piercing studio shall constitute a commercial use, the same shall be permitted only in the Local Commerce C-L and General Commerce C-G and only upon and after site plan review pursuant to the Land Use Code of the Borough of Elmwood Park use as permitted by zoning ordinance.
c. 
Temporary Tattoo/Body Piercing establishments are prohibited.
[Amended 3-17-2022 by Ord. No. 22-05]
a. 
Any person or entity who or which violates any section of this ordinance shall be subject to the following penalty: A fine not to exceed $1,000; imprisonment not to exceed 90 days in the county jail; community service not to exceed 90 days or any combination thereof in the discretion of the Municipal Court Judge. Each day that the violation exists is considered to be a separate offense.
b. 
After due notice and hearing, the Health Department may suspend or revoke any license issued under this section for violation of the provisions of this section.
[1972 Code § 4-2]
It shall be unlawful for any person to leave outside of any building or dwelling any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight snap lock or other device thereon without first removing the doors from the icebox, refrigerator or container.
[1969 Code § 43-1]
No person shall detain or fail to return any book or article borrowed from the Elmwood Park Public Library or any branch thereof contrary to the rules and regulations of the library, after 30 days has elapsed from the date of posting by certified mail return receipt requested, of a notice demanding return thereof, addressed to the person at the last address furnished to the library or branch.
[1969 Code § 43-2]
No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book, property or other article or any part thereof which is owned by or is in the custody of any such library or branch.
[1969 Code § 43-3]
Any person detaining or failing to return any book or article borrowed from the Elmwood Park Public Library or any branch, under Subsection 3-21.1, shall be deemed guilty of a violation thereof for each and every day following expiration of the thirty-day notice provided for in Subsection 3-21.1.
[1969 Code § 43-4]
No person with intent to defraud shall register or furnish a false name or address, or use any card other that the one issued to said person, for the purpose of borrowing any book or other article from such library or branch.
[1969 Code § 55-1]
No person shall:
a. 
Make, cause or suffer or permit to be made or caused, on any premises owned, occupied or controlled by him or it, or upon any street, the accumulation of garbage, refuse, manure or animal or vegetable matter which is hazardous to the health or comfort of any of the inhabitants in the Borough.
b. 
Place or cause to be placed any obstruction of any kind whatsoever in any stream, pond, spring or lake so as to interfere with the natural flow or change the course thereof in any manner whatsoever, without first obtaining the necessary permit so to do.
c. 
Throw any paper or posters, stones, sticks, glass, metal, or any hard, dangerous or offensive substance, upon any sidewalk, street or public place or at any car, vehicle, house, building, fence or person.
d. 
Appear on any street, park or other public place in a state of nudity, or make any indecent exposure of his or her person or commit or do any lewd or indecent act or behave in a lewd or indecent manner.
e. 
Disrobe in any automobile, truck or vehicle while the same is upon any parking place, street, road, avenue, park or other public place.
f. 
Sell or offer to sell any indecent picture, book or thing or exhibit or perform any indecent, immoral or lewd play or other representation.
g. 
Solicit, invite or in any manner suggest by word of mouth or any writing or other communication or by any device whatsoever any lewd, lascivious or other immoral act.
h. 
Permit any house, shop, store or other building or structure owned or occupied by him or her to be frequented or resorted to by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants.
i. 
Maliciously destroy, damage or injure any property, public or private.
j. 
Deal, play or engage in faro, roulette, dice, cards or other device or game of chance, or buy or sell what is commonly known as a pool, or any interest or share in any such pool, or shall make or take what is commonly known as a book, upon the running, pacing or trotting of any horse, mare, gelding or other animal, or any game, racing or contest, or have in possession any ticket, slip or other writing or printing, of an interest or share, or showing or indicating an interest, share, bet or pledge, in any pool, lottery, racing contest or other game of chance, or shall keep or attend a place to which persons may resort for engaging in any such acts or for betting upon the event of any horse race or other race or contest, or for gambling in any form, and no person shall aid, abet, assist or participate in any such pool, lottery, race or other contest or game of chance. This subsection shall not be construed to apply to the holding and operation of games of chance, commonly known as bingo or lotto, under a license duly issued under the provisions of the "Bingo Licensing Law," and the holding and operation of games of chance, commonly known as a raffle or raffles, under a license duly issued under the provisions of the "Raffles Licensing Law."
k. 
Cause or permit to be emitted any dense smoke which contains soot or other substances in sufficient quantities to permit the deposit of such soot or other substances on any surface within the limits of the Borough.
l. 
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating odor, or any odor that may be vile, offensive, obnoxious or nauseating to any of the residents of the Borough.
m. 
Remove, change, alter, obstruct, destroy, tap, shut off or interfere in any way whatsoever with any water or sewer line or any utility or any mechanical device connected thereto on any property, either public or private, within the Borough, without having obtained permission from the proper authorities.
n. 
Carry, without lawful authority, any revolver, pistol or other firearm, or other instrument of the kind known as a blackjack, slingshot, blowgun or similar device, billy sand club, sand bag, bludgeon, metal knuckles, dagger, dirk, dangerous knife, stiletto, bomb or other high explosive concealed in or about his or her clothes or person or in any portable vehicle, carriage, motorcycle or other vehicle.
o. 
Possess, keep, sell or distribute any firecrackers, Roman candles, skyrockets or any fireworks of any explosive nature commonly used as fireworks display, also the use and shooting of said fireworks, etc., unless permission is granted by the proper authorities.
p. 
Have upon his or her person or in his or her possession any picklock, key, crow, jack, bit or other implement, with any intent to break and enter into any building.
q. 
Go about from door to door or place himself or herself on any sidewalk, street or store or other public or private place or places to beg or gather alms.
r. 
Participate in any practice, sport or exercise having a tendency to annoy, disturb or frighten any person or persons on any sidewalk, street, road, park or other public or private place, or having a tendency to annoy or frighten horses or other animals.
s. 
Enter any building or any public or private lands and break, injure or deface such buildings or any part thereof, or the fences, outhouses or other property belonging to or connected with such building or lands; or disturb the exercises of any public school or molest or give annoyance to children attending such school or annoy any teachers therein.
t. 
Unnecessarily obstruct any sidewalk, street or public place with any kind of vehicle or vehicles or with any kind of box or boxes, lumber, wood or other thing; but the provisions of this section shall not prevent persons who are building from occupying such portion of the sidewalk, street or public place designated in a permit therefor, first obtained from the Construction Official.
u. 
Intentionally, willfully or maliciously destroy or injure any of the wires, posts, machines, bells, sirens, boxes, box or other apparatus of any fire alarm system, or intentionally, willfully or maliciously interfere with the same or any part thereof or hinder or impede any of the operations intended to be accomplished thereby, or intentionally cause or assist in causing a false alarm of fire to be given in any manner.
v. 
Hinder, prevent or deter by any device whatever any Firefighter or other person from rendering lawful assistance in abating or quenching a fire, or hinder or interfere with any Firefighter going to or returning from any fire or place from which a fire alarm proceeds, or hinder or obstruct any fire engine, hook-and-ladder truck, hose cart or other fire apparatus going to or from any place from which a fire alarm proceeds or where any building or property may be burning.
w. 
Enter upon or trespass upon the land or property of any person without lawful permission so to do.
x. 
Invade the privacy of any person by going upon the private property of others by stealth and at night for the purpose of peeping through windows, doors or other openings, thereby engaging in conduct associated with what is commonly known as a "peeping tom."
y. 
Interfere with or obstruct a Police Officer, whether a regular Police Officer or Special Law Enforcement Officer, whether in uniform or not, in the carrying out of the duties, function or performance of their responsibilities.
z. 
Other acts prohibited.
1. 
All other riotous, indecent or disorderly conduct, breach of the peace and vagrancy not hereinabove specifically mentioned are hereby prohibited.
[1969 Code § 33-1]
It shall be unlawful for any person to discharge any gun, pistol, firearm or other weapon within the Borough.
[1969 Code § 33-3]
This section shall not be construed to prohibit the discharge of any gun, pistol, firearm or other weapon on premises licensed by the Police Department for target practice.
[1969 Code § 33-6]
It shall be unlawful to exhibit for sale or sell any firecrackers, torpedoes or fireworks of any kind or description within the limits of the Borough of Elmwood Park.
[1969 Code § 33-7]
It shall be unlawful to fire or discharge any toy pistols, firecrackers, torpedoes, or explode or discharge fireworks of any kind within the limits of the Borough of Elmwood Park except upon written permit issued by the Borough Clerk and approved by the Mayor.
[Ord. No. 03-16 § I]
As used in this section, the following terms shall have the meanings indicated:
ENGAGE IN A CALL
Shall mean talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.
HAND-HELD MOBILE TELEPHONE
Shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone.
IMMEDIATE PROXIMITY
Shall mean the distance that permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.
MOBILE TELEPHONE
Shall mean the device used by subscribers and other users of wireless telephone service to access such service.
USING
Shall mean holding a mobile telephone to, or in the immediate proximity of, the user's ear.
WIRELESS TELEPHONE SERVICE
Shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service.
[Ord. No. 03-16 § II]
a. 
Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public street or highway while using a mobile telephone to engage in a call while such vehicle is in motion.
b. 
An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subsection is rebuttable by evidence tending to show that the operator was not engaged in a call.
c. 
The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.
[Ord. No. 03-16 § III]
a. 
Subsection 3-25.2a, b and c of this section shall not apply to:
1. 
The use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department.
2. 
Any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle; or
3. 
The use of a hands-free mobile telephone.
[Ord. No. 03-16 § IV; amended 9-17-2020 by Ord. No. 20-23]
A violation of this section shall be punishable by a fine of no less than $250 to a maximum of $500.
[Ord. No. 05-14 §§ I, II]
The provisions of N.J.S.A. 39:4-50.22 (John's Law) require that whenever a person is summoned by or on behalf of a person who has been arrested for a violation of N.J.S.A. 39:4-50 (Driving While Intoxicated) or Section 2 of N.J.S.A. 39:4-50.4A (Refusal to submit to chemical test) in order to transport or accompany the arrestee from the premises of a law enforcement agency, the law enforcement agency should provide that person with a written statement advising of the potential criminal and civil liability for permitting or facilitating the arrestee's operation of a motor vehicle while the arrestee remains intoxicated; and
On August 27, 2003, legislature of the State of New Jersey amended N.J.S.A. 40:48-1 (Ordinances - general purposes) so as to authorize a municipality to enact an ordinance to provide for protective custody to persons arrested for operating a motor vehicle under the influence of alcoholic beverage, and chemical substance or any controlled dangerous substance in violation of N.J.S.A. 39:4-50.
[Ord. No. 05-14 § III]
a. 
Any person who is arrested for a violation of the provisions of R.S. 39:4-50 shall be held in protective custody at an appropriate police or other facility where the person's condition may be monitored until the person is no longer a danger to himself or others. The person shall be released from protective custody when that person is no longer a danger to himself or others. A person is no longer a danger to himself or others when the person's blood alcohol concentration is less than 0.05% and the person no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit forming drug to the extent that the person's facilities are impaired. In no event shall the municipality's law enforcement agency hold a person in protective custody for a period of longer than eight hours without providing an appropriate hearing.
b. 
Notwithstanding the provisions of this section, provided that it is not a detriment to the public safety, the arresting law enforcement agency may, because of the age, health or safety of the arrested person, release the person pursuant to the provisions of P.L. 2001, c. 69 (N.J.S.A. 39:4-50.22 et seq.) or provide an appropriate alternative to protective custody. The municipality and its law enforcement agency shall not be subject to liability if a person is released from custody pursuant to the provisions of this section under the Act.
c. 
Nothing in this section shall be construed as requiring the use of State Police facilities by the municipality for purposes of this section under the Act.
d. 
All the provisions of the Act referenced above are hereby incorporated into and are deemed a part hereof.
[1]
Editor's Note: Ord. No. 05-21 concerning Smoking in Public Places Owned by the Borough was superseded by Ord. No. 2016-20. See now Code § 3-7.
[Ord. No. 2015-02]
This section shall be known and may be referred to as the "Curfew Ordinance."
[Ord. No. 2015-02]
For the purpose of this section, the following terms, phases, words and their derivations shall have the meanings herein. Where not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is mandatory and not merely directive.
BOROUGH
Shall mean the Borough of Elmwood Park, Bergen County, New Jersey, with administrative offices at 182 Market Street, Elmwood Park, New Jersey.
MINOR
Shall mean any person under the age of 18 years.
PARENT
Shall mean any person having custody of a minor:
a. 
As a natural or adoptive parent;
b. 
As a legal guardian;
c. 
As a person who stands in loco parentis; or
d. 
As a person to whom physical custody has been given by order of court.
REMAIN
Shall mean to stay behind, to tarry and to stay unnecessarily upon the streets in which any minor involved would not be using the streets for ordinary or serious purposes such as mere passage or going home.
STREET
Shall mean a way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel, or in the case of a sidewalk thereof, for pedestrian travel. The term "street" includes the legal right-of-way, including but not limited to the cartway of traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass plots or the grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise.
TIME OF NIGHT
Referred to herein is based upon Eastern standard time.
YEAR OF AGE
Shall mean continues from one birthday, such as the 17th, to (but not including the day of) the next, such as the 18th birthday, making it clear that 17 or fewer years of age is herein treated as equivalent to the phrase "under 18 years of age."
[Ord. No. 2015-02]
It shall be unlawful for any minor to be or remain in or upon any street, alley, highway, road, park, playground, dock or other public ground or public place, place of amusement, entertainment, vacant lot or other public place within the confines of the Borough each year during the following periods of time: 9:00 p.m. October 30th through 6:00 a.m. October 31st; 9:00 p.m. October 31st through 6:00 a.m. November 1st.
[Ord. No. 2015-02]
In the following exceptional cases, a minor on the Borough streets during the hours set forth above shall not be considered in violation of this section.
a. 
When accompanied by a parent, legal guardian, or other adult having the care, custody and control of the minor;
b. 
When accompanied by an adult authorized by a parent of such minor to take said parent's place in accompanying said minor;
c. 
When exercising rights protected by the United States Constitution or its Amendments, such as the free exercise of religion, freedom of speech and the right of assembly. The minor shall first deliver to the Police Department at the Borough Municipal Building, at 182 Market Street, a letter signed by such minor and countersigned by a parent of such minor stating their home address, telephone number and specifying where and in what manner the minor will be on the streets during hours when this section is otherwise applicable;
d. 
In the case of reasonable necessity as determined by the Chief of Police or his designee, but only after such minor's parent has written to the Borough Police Department stating their name, address, telephone number and the facts establishing such reasonable necessity and specifying the streets and times for the described purpose, including points of origin and destination;
e. 
When the minor is directly in front of the place where such minor resides or directly in front of either next door neighbor, if this neighbor does not object to the minor's presence;
f. 
When proceeding by a direct route to or from home, work, a school activity, or an activity of religious or other voluntary association, provided that it is within one-half-hour of the start or end of the work or activity;
g. 
When authorized by the Chief of Police or his designee when necessary nighttime activities of a minor may be inadequately provided for by other provisions of this section;
h. 
When the minor is in a motor vehicle engaged in normal travel and with parent's consent, or if the minor is engaged in interstate travel.
[Ord. No. 2015-02]
It shall be unlawful for any person, parent or guardian having the legal care or custody of a minor knowingly to permit or, by inefficient control, to allow such minor to be or remain upon any Borough street in violation of this section. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's custody.
[Ord. No. 2015-02]
A Police Officer of the Borough upon finding or having attention called to any minor on the streets shall take action pursuant to the Borough of Elmwood Park Guidelines/State of New Jersey Attorney General Guidelines.
[Ord. No. 2015-02]
Penalties for a violation of this section shall be the following: a fine up to $1,000 and community service for any adult or juvenile found in violation. If both the juvenile and the juvenile's parent or guardian violate this section, they may be required to perform community service together.
[Added 6-21-2018 by Ord. No. 18-13]
In an effort to maintain crowd control within the Borough, the Borough intends to regulate certain outdoor events. An "outdoor event" under this section shall mean any event that: 1) anticipates attendance of 75 or more persons; and 2) occurs on either private or public property.
An "outdoor event" under this section may only occur in the following zoning districts within the Borough:
R-3
Low/Medium Density Housing
R-5
Low/Medium Density Housing
R-9
Medium Density Housing
R-18
Medium/High Density Housing
R-MF
Multi-Family Housing
C-L
Local Commerce
C-G
General Commerce
C-O
Office
N-C
Neighborhood Commercial
I-R
Restricted Industrial
I-G
General Industrial
POP
Planned Office Park
ARHO
Age Restricted Housing Overlay
AH-1
Affordable Housing-1
AH-2
Affordable Housing-2
AEO
Adult Entertainment Overlay
The organizer of any outdoor event under this section is required to obtain an application from the Borough at least 30 days in advance of the event. The application must include the nature of the event, the location, the start and end times of the event, identification and contact information of a responsible party or organizer, and a site diagram which depicts the entire area in which persons will be attending the event.
An applicant must obtain general liability insurance with a minimum coverage of $1,000,000 before the Borough will approve an application under this section. The policy must name the Borough as an additional insured.
An application fee of $250 will be assessed for any applications filed under this section. The application fee will be waived for Borough-sponsored events and certified nonprofit organizations.
All applications under this section shall be filed with the Municipal Clerk and reviewed by the Elmwood Park Police Department, the Fire Department, Code Enforcement officials, and, if necessary, the Board of Health. The Mayor and Borough Council will have final approval on all applications issued under this section, which will be granted by vote via resolution.
Any person who violates this provision shall be subject to a fine of not more than $500 for each separate offense and/or confinement in the Passaic County Jail for a period of not more than 90 days. In addition, the applicant is responsible for all "emergent costs" incurred as a direct result of the scheduled event.
[Added 10-18-2018 by Ord. No. 18-25]
As used in this section, the following terms will have the meanings indicated:
COMMERCIAL OR RETAIL ESTABLISHMENT
An establishment used for commercial purposes, including but not limited to bars, restaurants, private offices, law offices, fitness clubs, retail stores, barbershops, salons, banks (ATMs) and financial institutions, supermarkets or grocery stores, liquor stores, auto dealerships, bus stops and any other establishments operating in the ordinary course of commerce.
No person shall:
a. 
Interfere, obstruct, or otherwise disrupt, by means of force, violence, use of obscene and/or abusive language toward someone, physical interference, following a person, touching or create an obstacle to the lawful activities of any commercial establishment in a manner outside the purview of speech or conduct normally protected under the First Amendment of the United States Constitution; or
b. 
Prevent a person from lawfully entering a commercial establishment at specified business hours in a manner outside the purview of speech or conduct normally protected under the First Amendment of the United States Constitution.
Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $2,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof.