[HISTORY: Adopted by the Township Committee of the Township of Rochelle
Park 8-3-1970 as Ord. No. 317. Amendments noted where applicable.]
[Amended 6-18-1997 by Ord.
No. 755]
A.
No circus, carnival, flea market or other open-air show
or entertainment shall be produced, carried on or conducted in the township
unless a permit therefor has been approved by the Township Committee and the
permit fee paid as hereinafter provided in this chapter. Any nonprofit, charitable,
eleemosynary or benevolent organization which is located or operates within
the confines of the township and has as its primary purpose the raising of
money for the promotion of health, safety, morals and general welfare of the
community may be granted a permit for the operation of a circus, carnival,
flea market and/or other open-air shows and entertainment in the Township
of Rochelle Park on public lands based upon the requirements of this chapter.
B.
FLEA MARKET
As used in this chapter, the following terms shall have
the meanings indicated:
The sale of items of tangible personal property wherein on one location
there are multiple vendors who have paid a fee for the privilege of occupying
the space allotted to each such vendor for the purpose of displaying and selling
items of tangible personal property. The intent of this chapter relating to
flea markets is to limit the number of occasions and the location of said
sales, as is necessary for the preservation, safety, health and welfare of
the residents of the Township of Rochelle Park.
A.
The application for the permit shall be filed with the
Township Clerk and shall state:
(1)
Name and residence or principal office of the applicant.
(2)
Purpose and place for which the applicant seeks a license.
(3)
Whether or not the applicant has ever been convicted
of any crime or violation of the Disorderly Persons Law of New Jersey (N.J.S.A.
2A:169-1 et seq.[1]) or of any violation of any ordinance of the township involving
breach of the peace or immorality. If the answer is in the affirmative, the
applicant shall state the date and nature of each conviction.
[1]
Editor's Note: Most of the provisions of the Disorderly Persons Law
have been repealed and superseded by the New Jersey Code of Criminal Justice,
N.J.S.A. 2C:1-1 et seq.
(4)
The duration for which a permit is sought.
B.
The fee for the permit shall be payable with the filing
of the application.
C.
The following shall apply to flea markets only: No person,
firm or corporation may conduct or participate in displaying or selling at
a flea market, other than a bona fide charitable, eleemosynary, educational
or cultural organization organized not-for-profit and being able to establish
that it is such type of nonprofit organization, subject, however, to the following
requirements:
[Added 6-18-1997 by Ord.
No. 755]
(1)
Each organization authorized to conduct or participate
in displaying or selling at a flea market, in accordance with this section,
will file an application with the Township Clerk at least 60 days prior to
the date of the commencement of such flea market sale.
(2)
Such application shall set forth the following:
(a)
Name of organization conducting sale.
(b)
Name and address of owner of the property upon which
said flea market sale is to be conducted.
(c)
Written consent of owner if applicant is other than owner.
(d)
Street address or Tax Map reference of location at which
the flea market sale is to be conducted.
(e)
Number of days.
(f)
Date, if any, of prior sales within three years prior
to date of application.
(g)
Whether or not applicant has been issued any other vendor's
license by any local, state or federal agency.
(h)
Whether or not sale will be held indoors or outdoors.
(i)
Date or dates of sale.
(j)
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
(3)
No more than two permits to any one such organization
shall be authorized in any one calendar year.
(4)
Such flea market sales shall be limited to two consecutive
calendar days and shall be conducted only between the hours of 9:00 a.m. and
5:00 p.m. Permittees shall be allowed a maximum of two rain days.
(5)
The permit for the conducting of such sale must be prominently
displayed upon the premises upon which the sale is conducted throughout the
entire period of the sale.
A.
The Township Clerk shall refer the application to the
Chief of Police.
B.
The Chief of Police, Fire Inspector and Ambulance Corps
shall make or cause to be made an investigation of the facts stated in the
application and an inspection of the premises in or on which the circus, carnival,
flea market or other open-air show or entertainment is to be located. The
Chief shall attach to the application his report thereon in writing, which
shall also state his recommendation for approval or disapproval with the reasons
therefor.
[Amended 6-18-1997 by Ord.
No. 755]
C.
Upon receipt of said application and police report, the
Township Committee shall either approve or disapprove the issuance of the
permit to the applicant.
D.
No permit shall be approved by the Mayor and Township
Committee or issued by the Township Clerk if it appears that:
(1)
The applicant is not of good moral character.
(2)
The premises in or on which the circus, carnival or open-air
show or entertainment is to be located will constitute a hazard or nuisance
to the safety of the public.
(3)
The applicant is not qualified to conduct or operate
a circus, carnival or other open-air show or entertainment.
A.
Upon approval of the application as set forth in § 77-3 hereinabove mentioned, the Township Clerk shall issue the permit under the seal of the township and sign same.
B.
C.
The permit fee for the circuses, carnivals and open-air shows and entertainment per day shall be a maximum of $1,000. The permit fee for flea markets shall be $50. Said fees may be waived at the discretion of the Township Committee. It is understood that should said event include the sale or distribution of food or substances, additional fees may be charged pursuant to Chapter 100, § 100-2C, Food handling permits.
[Amended 5-5-1986 by Ord.
No. 519; 6-18-1997 by Ord.
No. 755]
The failure of a permittee to produce his permit and exhibit same to
any police officer or authorized township official upon request shall constitute
a violation of this chapter.
A.
Any permit issued under this chapter may be revoked by
the Mayor and Township Committee, after due notice and hearing, for any of
the following grounds:
(1)
False statement in the application for the permit.
(2)
Disorderly or immoral conduct in or on the place or premises
covered by the permit.
(3)
The premises covered by the permit constitutes a hazard
to the health, safety or morals of the public.
(4)
Violation of the provisions of any applicable state law
or ordinance of the township.
(5)
Any cause that would be grounds for a denial of the permit
in the first instance.
B.
In case of emergency and pending the aforesaid hearing,
the Chief of Police or the Health Officer shall have the power and authority
to suspend the permit and close the operation of the show covered by the permit.
C.
The Zoning Enforcement Official shall have the authority
to inspect and, if necessary, recommend to the Township Committee revocation
or suspension of the permit issued pursuant to this chapter.
[Added 6-18-1997 by Ord.
No. 755]
[Amended 6-18-1997 by Ord.
No. 755]
Any permit issued under this chapter may be renewed upon the same terms
and conditions and upon payment of the same fee as is provided herein with
respect to the original permit.
Any person who violates any provisions of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment for a
term not exceeding 90 days, or both.
