[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 11-9-1995 by Ord. No. 1408. Amendments
noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 84.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, company or corporation whose primary business
is the sale, service and/or installation of locks for structures or
motor vehicles.
No person, company or corporation shall be included
on the locksmith vendor list unless:
A.
Said locksmith must demonstrate that he, she or it
has experience in all varieties of locks, installation and repair,
including but not limited to domestic and foreign automobiles, electric
and nonelectric locks.
B.
Said locksmith demonstrates that he, she or it has
at least five years' experience as a sole locksmith or as an employee
with a company that was engaged as its primary business in the sales,
service or installation of locks for structures or motor vehicles.
A background check shall be conducted by the Borough's Police Department,
and any conviction for a crime of the operator or of any of the officers
or employees of the company shall disqualify the person, company or
corporation for these services.
Services to be provided by a locksmith included on the rotation
of a locksmith list shall include the following:
A.
The locksmith will indemnify and hold harmless the
Borough of South Plainfield from any and all claims for personal injury
or property damage against the Borough of South Plainfield arising
out of the operation of any locksmith services under this chapter.
The locksmith will further defend the Borough of South Plainfield,
at the locksmith's expense, in connection with any claim, demand,
suit or action brought against the Borough and arising out of the
operation of the locksmith under this chapter.
B.
Comprehensive general liability insurance. The limit
of liability shall not be less than $500,000 combined single limits
(bodily injury and property damage) per occurrence and aggregate,
including premises operations and products/completed operations.
C.
Workers' compensation insurance. Statutory coverage,
including liability coverage with a limit of at least $100,000.
D.
All policies shall be written by insurance companies
authorized to do business in New Jersey having ADA or better rating
and shall provide notification to the Borough of South Plainfield
regarding any policy cancellations or revisions. All policies shall
be written for a term covering the annual license period.
A.
The maximum fee allowable under this chapter shall
be $50 for unlocking a motor vehicle or a home.
B.
There shall be no charge to open any vehicle which
has a child locked in said vehicle.
C.
The locksmith shall accept payment by either cash,
check or credit card and cannot limit the manner of payment.
D.
The charge shall be the same for opening either an
electric or nonelectric lock.
E.
There shall be no charge to open any vehicle owned
by the Borough of South Plainfield.
The provisions of this chapter and the enforcement
of the same shall be under the direction, supervision and jurisdiction
of the South Plainfield Police Department.
A.
To be placed on the rotation locksmith list, an applicant
shall submit its application in duplicate to the Borough Clerk's office,
together with an application fee of $100. The application shall comprise
the following;
(1)
An application form fully completed and signed by
the applicant.
(2)
A copy of a certificate of insurance with insurance coverage as set forth in § 293-5 of this chapter.
(3)
Names and addresses and social security numbers of
all employees of the applicant, whether said employees are locksmiths
or not.
B.
The application process. The application, with its
supporting documents, shall be forwarded by the Borough Clerk to the
Chief of the South Plainfield Police Department, who shall conduct
within the Police Department the necessary background checks of the
applicant and its employees. When all required information has been
obtained by the Police Department, the Chief shall recommend, by letter
to the governing body, the inclusion of the applicant on the Borough's
rotation locksmith list.
C.
License record. The Borough Clerk shall keep a record
of all licenses issued and applications filed under this section.
It shall also indicate the amount of the fee paid for each license,
the date upon which payment was received, the date of this issuance
of the license, whether the license is a new license or a renewal
and any other information which the Mayor and Council may require
by resolution.
D.
Display of license. The license shall be prominently
displayed at the location, where it is visible to the public and law
enforcement authorities.
E.
Transferability. Each license shall apply only to
the person to whom it was issued and shall not be transferable to
another person. The license may not be transferred to another location
unless approved by the Mayor and Council, and then only after all
provisions of this article and section have been complied with. (By
"person" is meant an individual, corporation or general or limited
partnership).
F.
Expiration; renewal; proration of fees.
(1)
Except when expressly provided otherwise, licenses
shall expire on December 31 of the year of issue at 12:00 midnight.
Applications for renewal of licenses shall be made not later than
December of the year of issue.
(2)
When an application for a license is made during the
course of any calendar year, the licensing fee shall be the full amount
of $100.
A.
Revocation and causes. Any license issued for a locksmith
may be revoked by the Mayor and Council after notice and hearing for
any of the following reasons:
(1)
Fraud or misrepresentation in any application for
a permit or license.
(2)
Fraud or misrepresentation or other dishonesty or
conduct of the licensed activity. This shall include the gathering
of persons of unsavory character, illegal gambling or conduct which
would violate the laws of the State of New Jersey or the ordinances
of the Borough of South Plainfield.
(3)
A violation of any provision of this chapter.
(4)
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude.
(5)
Conduct by the locksmith himself or his agent-employees
in an unlawful manner or in a manner that constitutes a breach of
the peace or a menace to the public health, safety or general welfare.
B.
Notice of hearing. Notice of hearing for the revocation
of a license or permit shall be given, in writing, by the Borough
Clerk. The notice shall specifically set forth the grounds upon which
the proposed revocation is based and the time and place of the hearing.
It shall be served by mailing a copy to the locksmith at his last
known address by certified mail, return receipt requested, at least
five days prior to the date set for the hearing.
C.
Hearing determination. At the hearing, the locksmith
shall have the right to appear and be heard, to be represented by
an attorney, to present witnesses in his own behalf, to cross-examine
opposing witnesses and to have a permanent record made of the proceedings
at his own expense. The Council shall revoke or suspend the locksmith's
license if it is satisfied by a preponderance of the evidence that
the locksmith or his agents, servants or employees are guilty of the
acts charged.
D.
Reinstatement of revoked licenses. The Mayor and Council
may issue another license to a locksmith whose license has been revoked
or denied if, after hearing, they are satisfied by clear and convincing
evidence that the acts which led to the revocation or denial will
not occur again; otherwise, no locksmith whose license has been revoked
or denied nor any person acting for him, directly or indirectly, shall
be issued another locksmith license.
Any person, firm or corporation who or which
shall violate or fail to comply with any order or regulation made
hereunder shall severally, for each and every violation and noncompliance,
forfeit and pay a penalty not exceeding $2,000, imprisonment in the
Middlesex County Jail for a term not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination thereof.
The imposition of a penalty for a violation of this chapter shall
not excuse the violation or permit it to continue; such violation
shall be remedied within a reasonable time, and each 10 days that
such violation is permitted to exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
