[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park 11-23-1999 by Ord. No. 1337. (This ordinance also repealed former Ch. 106, Business Hours, adopted 8-15-1996 by Ord. No. 1248 and amended in its entirety 2-17-1998 by Ord. No. 1293.) Amendments noted where applicable.]
The following findings are made:
The Borough of Palisades Park is a small community, approximately one mile square, dominantly residential. Transversing its southernmost border in a northeast direction through the entire length of the community is State Highway Route 46, which is a major thoroughfare carrying large amounts of traffic 24 hours a day linking directly to the George Washington Bridge, Interstate Highways 95 and 80 and the New Jersey Turnpike.
The major business area in the community is located on Broad Avenue, a north-to-south roadway running the length of the borough. In addition to businesses located on Broad Avenue, many residences, including multifamily houses and residences located in buildings containing businesses, are found. Additionally all east-west streets intersecting Broad Avenue are predominantly one- and two-family residential homes. On all streets east and west of Broad Avenue and running parallel to Broad Avenue are residential houses. Thus the "business area" and "residential area" of the community are so close together geographically that there is a substantial effect on the residential community flowing from the operation of the businesses in the community.
The overwhelming majority of residents, especially those within the Broad Avenue area and its adjacent and contiguous streets, have had their quality of life significantly diminished as a result of the unbridled opening of businesses located in the community.
Noise, car alarms, disorderly conduct, drunken behavior, intoxicated minors, and other complaints and violations have been rampant in the community directly resulting from the operation of businesses during the early morning hours.
It is necessary to regulate business hours in order to benefit the public health, morals, and general welfare and in order to ensure the residents of the borough health, peace, and comfort which they are entitled to in this community. Moreover the regulation of business hours has become necessary in order to provide protection to the community.
The governing body has sought to find other less intrusive methods to ensuring the public its need for peace and tranquility and balancing the right of the businesses to operate, but because of the geography of the borough, dominantly residential and residences interspersed within the business area and immediately adjacent thereto, it finds this chapter represents the least intrusive method of ensuring the public health and safety.
It further finds that the operation of gas stations located on state highways, although near to residential areas, is necessary to serve the public interest by maintaining the unbridled flow of traffic and traffic needs on the interstate highway system and to motorists, both local and traveling.
It further finds and has previously found in other ordinances that the operation of businesses, unfettered, has caused an extreme hardship to residents in regard to the existence of parking on residential streets. The borough has attempted and secured many municipal parking lots in an attempt to alleviate this problem, but the lack of space located in the borough exasperates the ability of residents to find parking within a reasonable distance of their own home.
The enactment of this chapter is necessary to protect the public health, safety, and welfare of the community.
[Added 7-18-2000 by Ord. No. 1354]
As used in this chapter, the following terms shall have the meanings indicated:
- DRINKING ESTABLISHMENT
- Any business holding a retail plenary consumption liquor license under the laws of the State of New Jersey whose primary purpose is the sale of liquor for on-premises consumption and not as an accessory use. In the event another primary use also holds a retail plenary consumption license, the primary use shall determine the time of closing.
- EATING AND DRINKING ESTABLISHMENTS
- Under the terms of this chapter, do not include establishments that primarily serve food prepared off premises as an accommodation or an accessory use.
- EATING ESTABLISHMENT
- A building or structure whose primary use is the sale, preparation and consumption of food within the confines of the building on the premises.
[Amended 4-17-2001 by Ord. No. 1377]
Except as hereinafter provided, it shall be unlawful to conduct any retail, wholesale, or any other business with the public upon any premises used for same between the hours of 10:00 p.m. and 6:00 a.m.
Gas stations located on state highways shall be permitted to remain open 24 hours a day. Gas stations not located on state highways shall be permitted to remain open from 6:00 a.m. to 12:00 a.m., but auto repairs shall cease at 9:00 p.m. Businesses who operate auto or truck towing services shall be permitted to perform their emergency towing services for 24 hours a day, but all other ancillary services shall end at 9:00 p.m.
Pharmacies and retail food stores shall not conduct business with the public between the hours of 12:00 a.m. and 6:00 a.m.
[Amended 4-17-2001 by Ord. No. 1377]
All businesses holding a plenary retail consumption liquor license shall not conduct any business with the public between 3:00 a.m. and 6:00 a.m. except for hotels, which must cease service of alcoholic beverages but may continue to perform other hotel business, and all are subject to the rules and regulations of the state statutes and regulations of the Alcoholic Beverage Control Commission and municipal ordinances regulating the sale of liquor. On Sundays, all restaurants holding a plenary retail consumption license must cease service of alcoholic beverages from 6:00 a.m. to 12:00 p.m. but may continue to perform other restaurant business and are subject to the rules and regulations of the state statutes and regulations of the Alcoholic Beverage Control Commission and municipal ordinances regulating the sale of liquor. This section shall also amend and make consistent Ordinance No. 1305.
All eating and drinking establishments of any type and all businesses which have as a primary function the allowance of entertainment such as singing, dancing, or other musical entertainment shall not conduct business between the hours of 3:00 a.m. and 6:00 a.m.
Except as provided herein, no business shall remain open in the municipality between the hours of 3:00 a.m. and 6:00 a.m.
It shall be unlawful to keep open for the public or to admit the public or to permit the public to remain within any premises in violation of the above sections.
Any person who shall violate a provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
If any ordinance is inconsistent with this chapter it shall be deemed repealed. This chapter specifically repeals Ordinance Nos. 1248, 1259 and 1293, but saves from repeal Ordinance No. 1305 as modified by the Court decision in Yang v. Palisades Park, Docket No. BER-L-3178.